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Child Injury Laws Blog By Jonathan Rosenfeld

Category Archives: Motor Vehicle Accidents

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Pediatric Brain Injuries Related To Car Accidents – What Statistics Tell Us?

Posted in Brain Injury (TBI), Motor Vehicle Accidents

The injuries inflicted on a child during a car accident can have lifelong consequences. With head trauma and brain injuries, sometimes these consequences will not be apparent until later in a child’s life. Head injuries are the most common injury that children suffer from in car accidents. The Statistics In a study conducted by the US National Highway Traffic Safety Administration in 2010, they reported that children under the age of one are at a much higher risk of sustaining head injuries in car accidents than other children. The most common form of head injuries in children under the age of one is concussions and unconsciousness. It was also reported in the study that older children (over the age of one) were more likely to suffer from skull fractures. For all age groups studied, head injuries were the most common injuries to occur in car accidents for children aged seven… Continue Reading

Attorneys Suggest Pedestrian Safety Tips for Your Child

Posted in Motor Vehicle Accidents, Pedestrian Injury

Whether it is walking to school, the bus stop, or a friend’s house, it is important that your child knows proper safety techniques to ensure they are walking safe. Practicing safe walking is the best way to protect your child from being involved in a serious accident that leaves them injured. If they should be involved in such an incident, there are skilled New Jersey injury lawyers that can assist you. The National Highway Traffic Safety Administration reported that in 2009 there were 244 pedestrian accident fatalities that were children 14 or younger. Of all fatal traffic accidents involving children, these pedestrian accidents accounted for about one-fifth. It was also reported that in 2009 there were an additional 13,000 children 14 or younger injured in pedestrian accidents. Safe Walking Tips for Children While the number of kids getting hurt in these kinds of incidents has lowered over the last decade,… Continue Reading

Are School Buses Really Safer Than Cars?

Posted in Motor Vehicle Accidents, School Bus Accidents

The large orange-yellow school bus is an iconic symbol of formative years, as almost all children rode on one either to and from school or at the very least, to certain school functions. While a child would not question whether it was the safest mode for them to be transported in, parents cannot help but wonder if they truly are a safe option. With all the distractions that can happen on a bus, are school buses really safer than cars? Safety Features As far as outside safety features go, school buses are as safe as they come. Built with reinforced side panels, a bright, recognizable color and even equipped with a stop sign and flashing lights, they are large, safe, well built vehicles. There has been concern over the years, as seat belts have become standard and even the law in most states, that school buses should also have seat… Continue Reading

Back-To-School Reminders From Chicago Personal Injury Lawyers: Pedestrian Safety

Posted in Motor Vehicle Accidents, Pedestrian Injury

If you are lucky enough to live close enough to your school to walk, you can avoid the traffic and have a nice walk with your child to school and then hear about their day on the way home. However, if for some reason you are not going to walk with them, you need to make sure they know the rules of being a safe pedestrian. You can teach these rules to them during your walks to school so that when the time comes, they will always follow the rules when they are by themselves. Sidewalks. Always walk on the sidewalk when one is available. If there is not a sidewalk, you should walk on the shoulder of the road, as far away from traffic as possible, facing traffic. Explain this is just the opposite of riding a bike, since bike riders need to ride with traffic. Cross at intersections…. Continue Reading

Back-To-School Reminder From A Personal Injury Lawyer: Bus Safety

Posted in Motor Vehicle Accidents, School Bus Accidents

It is that time again, when children in newly bought “school clothes” and backpacks clamber on to the school bus and head off to start another school year. Before they climb up the steps onto the bus, parents need to remind their kids of how to be safe while riding the bus and bus drivers need to be ready to keep them safe. Getting On And Off The Bus Board the bus one at a time. Children need to be patient and wait for the bus driver to give the ok for them to board. Once it is safe, each child should board one at a time. Carry loose items in a bag. Make sure children keep all their items in their bag or backpack. Stopping to pick up dropped items can be hazardous. If they do drop an item getting on or off the bus, they should ask the… Continue Reading

Back-To-School Tips From A Personal Injury Attorney: Bicycle Safety

Posted in Bicycle Accidents, Motor Vehicle Accidents

If your children ride their bikes to school, it is time to remind them of some bicycle safety tips before they start another year. Riding a bike is great exercise and the first real freedom many children experience. Make sure that they understand the responsibilities that come with this freedom so that they remain safe in their trips to and from school. It is also time for bus drivers and other motorists to remember more children will be on bicycles and to be on the look out. Bicycle Safety Tips For Kids (And Parents) Always wear a helmet. Over half a million bike accidents happen every year and 59% of all bicycle accidents happen to children 15 years or younger. Only 15% of children use their helmets regularly.  Start good riding habits by making sure your child wears a helmet every time they ride. Know the rules of the road…. Continue Reading

Ten Steps to Car Accident Claim Success

Posted in Motor Vehicle Accidents

There are many situations in life which are difficult to go through and easier not to think about. However, planning ahead for disastrous circumstances is a great way to mitigate any damage should the worst happen. The following guide on how to handle the scene of a car accident will help significantly towards a successful case should you find yourself considering a car accident claim. All of the following information will be useful to know should you find yourself at the scene of a car accident in the future. Many of the following points are still useful to know if you’ve been in a car accident in the past and are considering a car accident claim. 1. Keeping your cool at the scene of the accident In the face of a serious car accident, just about the last thing you’ll want to do is stay calm. However, this is critical… Continue Reading

Chicagoans Involved In Pedestrian Traffic Accidents Tend To Be Young & Male

Posted in Motor Vehicle Accidents, Pedestrian Injury

The Chicago Department of Transportation’s (CDOT) analysis of the pedestrian crashes between 2005-2009 broke down who was involved in these crashes by age, gender and ethnicity. The data provided some interesting trends in who were most likely to victims of a motor vehicle crash as a pedestrian. Age Statistics for Victims of Pedestrian Accidents Children were found to be the most vulnerable group of the pedestrians on Chicago streets. Not only were they involved in more accidents, they were also in the highest fatality and serious injury groups.   However, the amount of children being harmed in these crashes is decreasing. Teenagers highest group. The age group of 15 to 18 years of age had the highest number of members involved in pedestrian/motor vehicle crashes with 194.6 per 100,000. Teenagers were also the highest fatality group with 29.8 per 100,000. Younger children runner-up. The 2nd highest group was the group containing… Continue Reading

Rear-End Truck Accidents Dangerous To Back Seat Passengers (Kids)

Posted in Motor Vehicle Accidents

Stopping a truck weighing over 5 tons is no quick feat. Every day millions of semi-truck drivers are trying to do just that to avoid hitting the vehicle in front of them. The Federal Motor Carrier Safety Administration reports that an average of 42,000 large trucks (5 tons or more) rear-end other vehicles each year, causing injuries and deaths to the vehicle’s passengers. Rear-End Accidents: The Source of a Significant Number of Injuries There are many risks to passengers in a vehicle that is struck by a large truck from behind. In a recent study done by Arizona Department of Transportation in 2010, rear end collisions accounted for 47% of all accidents and 13% of these resulted in fatalities; 44% also resulted in injury. When you increase the magnitude to include being hit by a large truck versus a similar sized vehicle, the damage can be much worse. Back Seat… Continue Reading

Is Your Car Accident Reconstruction Expert Qualified To Testify

Posted in Motor Vehicle Accidents

Below is a guest post from my friend and colleague attorney Anthony Castelli. As a Cincinnati personal injury trial lawyer I have hired and cross examined so called car accident reconstruction experts. There is nothing worse than having your car accident expert testimony stricken and you lose at trial or having your winning case  reversed  on appeal. This article will focus on a case study of a real car accident that went to trial in Hamilton County, Ohio. The car accident injury victim won at trial, but the case was reversed on appeal because the “accident reconstruction expert”  should not have been permitted to give his opinion because he was not qualified to do so. What Is an Accident Reconstruction Expert Accident reconstruction involves the use of scientific methodology to draw inferences from investigation data, such as the speed of a vehicle, the location of an accident in the roadway,… Continue Reading

Backing Up Vehicles: Will Cameras Prevent Injuries To Pedestrians?

Posted in Bicycle Accidents, Motor Vehicle Accidents, Pedestrian Injury, Uninsured Motorist Claims

The mention of a pedestrian injury usually conjures up images of a driver hitting a pedestrian with the front of their vehicle.  Though far less common, backing up vehicle injuries remain a source of significant injury to pedestrians– young and old.   An alarming 17,000 people are injured every year when vehicles ‘back’ into them.  Backing up vehicles also account for an average 288 pedestrian deaths each year when vehicles back over pedestrians in the rear of the vehicle. While keeping a cautious lookout can surely help prevent some of these car accidents from occurring, the fact remains that vehicle design compounded with certain angles in which pedestrians may be positioned— gives many drivers very little opportunity to detect what is in back of them. A proposal by the National Highway Traffic Safety Administration aims to reduce the alarming number of ‘backing up’ accidents by requiring the installation of built… Continue Reading

New Safety Program Aims To Reduce Number Of Pedestrians Hit By Vehicles In Chicago

Posted in Pedestrian Injury

More than 10 pedestrians are are struck by vehicles in the Chicagoland-area every day. Statistics tell us that many of these pedestrians suffer serious injuries or death in these incidents. In an attempt to improve pedestrian safety at busy crosswalks around schools, senior citizen centers and hospitals, The Chicago Department of Transportation has installed buckets containing brightly colored flags for pedestrians to use while crossing the street. The flags are intended to get drivers’ attention while the pedestrians cross the street in areas without traffic signals. The addition of street crossing flags to crosswalks is the most recent addition to the City of Chicago’s driver safety program, “It’s Up To You” which is intended to make drivers more aware of the dangers posed to pedestrians.  As part of the program, city officials placed mannequins near downtown intersections with t-shirts reading, ” One of 32 pedestrians killed last year in Chicago.” … Continue Reading

Don’t Bother Giving Statements To Insurance Companies After An Accident

Posted in Community News, Motor Vehicle Accidents, Pedestrian Injury

In the days following a personal injury accident, many injured people receive an outpouring of calls and messages from friends, family and…. insurance adjusters.  While it may be easy to give the insurance adjuster a return call while in the call returning mode, the fact remains that insurance adjusters are not your friends.   From a personal perspective, insurance adjusters and the investigators they commonly associate with may be good, fine people.  However, as soon as a car accident, fall, or any other type of personal injury occurs, their interest is directly opposed to yours.   Truth be told, the insurance companies for responsible parties have a job to do in terms of defending their insured’s rights.  What many injured people fail to appreciate is that by taking an oral or written statement from you, they are actually in the process of assembling a case against you!  That’s right, the… Continue Reading

7 Steps To Help Your Child’s Personal Injury Or Medical Malpractice Case

Posted in Brain Injury (TBI), Medical Malpractice, Motor Vehicle Accidents

When you become aware of an injury to your child, you should obviously get medical attention as soon as feasible.  After your child’s condition has stabilized, it is important to get into ‘fact collection mode’. In fact collection mode, you are beginning to collect information about the incident, and they type of injuries your child sustained.. Doing some preliminary work early on, will help ensure valuable evidence is protected to maximize the chances of a successful recovery on your child’s behalf. While you may suggest that your child’s situation is so vivid that you will never forget– don’t assume you will remember all the facts. As time goes on, your memory will begin to fade. The following steps will help you organize your thoughts during a stressful time and to give an attorney the information he needs to work best on your behalf. Despite the urge to block out the… Continue Reading

Can You Afford Not To Speak To A Lawyer Following Your Child’s Injury?

Posted in Dog Bite Attacks, Medical Malpractice, Motor Vehicle Accidents

I receicve many inquiries from parents of injured children who are concerned both about the long-term impact of injuries on their children— and how to go about seeking legal recourse from the party that may have caused the injured.  While the medical implications of an injury are indeed best suited for a physician to address, to potential legal redress may be evaluated by an attorney experienced in personal injury law. Few relationships have such an alignment of interests as an attorney / client relationship in a personal injury context.  Under a contingency fee payment plan, the financial interest of client and lawyer and completely aligned. Simply put, a contingency payment is a payment based on a recovery for the injured person. In a contingency fee arrangement, the attorney receives no payment until the lawsuit is tried to verdict or settled. After all the work has been done, the attorney receives… Continue Reading

Disabled Children Remain At Risk For Injury Due To Negligent Medical Transportation

Posted in Motor Vehicle Accidents, School Bus Accidents

For physically disabled children, specialized medical transportation is a way of life in order to get to school and appointments.  The specialized vehicles and drivers are intended to assure each child’s safety— particularly if they are confined to a wheelchair or require accompanying medical equipment to accompany them. Medical transport vans, buses, or Medi-cars provide an essential role in both the physical and emotional well-being of these special needs children as they allow them to live as ‘normal’ lives as possible.  Despite the good intentions of many medical transportation providers to provide safe transportation for handicapped children, I continually see already disabled children suffer horrible– and completely needless injured due to staffing errors and defective equipment on these handicapped vehicles. Having litigated and settled cases involving medical transportation injuries, I tend to see most of the cases stemming from the following: Dropped passengers Passengers injured due to reckless driving Wheelchair… Continue Reading

80% Of Vehicle-Pedestrian Accidents Occur Within Crosswalks

Posted in Motor Vehicle Accidents, Pedestrian Injury

After reading the Chicago Tribune’s article “City Study: Chicago pedestrians in crosswalks are in cross hairs“, I’m definitely going to step-up my level of caution before crossing the street.   Once again, I’m continually impressed with how drivers continue to ignore pedestrians— even when they are crossing the street within the crosswalks.   After evaluating traffic data from 2005 through 2009, a staggering 80% of all traffic accidents involving pedestrians who were injured or killed occurred when the person was within the seemingly safe confines of the crosswalk. While pedestrian deaths, have declined fairly significantly from 1994 to 2009, the total number of traffic accidents involving pedestrians remains fairly consistent at around 3,000 per year within the confines of the city. Other data tidbits from the Chicago Tribune article: Hit-and-run accidents account for 33% of all pedestrian accidents Hit-and-run accidents account for 41% of pedestrian deaths Teens come the largest segment… Continue Reading

25 Valuable Bicycle Blogs To Help Protect Child Riders

Posted in Bicycle Accidents

There’s something special about children’s first bicycle.  Maybe its the first glimpse of independence it provides to children?  Maybe its the sense of accomplishment it provides to children as they progress to gradually shed their training wheels. While bikes can indeed be great for a child’s self esteem, bicycles are also a frequent source of injury– particularly when drivers fail to appreciate their presence.  In order to help protect children-bicyclists, it’s important for parents to review common sense safety rules, again, again and again. Here are some terrific websites for to begin the process of gathering information about bike safety.  Take a look at all of these fine sites as they all have very useful information– even if not outwardly apparent. Hopefully, these sites will help encourage a lifetime of bicycle safety. See Me Wear Bike Safety The importance of wearing visible, reflective clothing while riding bicycles is a very… Continue Reading

Are Facebook & Twitter To Blame For Car Accidents?

Posted in Motor Vehicle Accidents, Pedestrian Injury

Is it really necessary to tell your friends where you’re driving?  Or, what about the fantastic new Lady Gaga song?  What about the spicy hot dog with cheese you had for lunch? Maybe I’m a bit out-dated (though you can still following the Child Injury Laws Blog on Facebook), but I really don’t have any urgency to share my instantaneous thoughts with the world– particularly when I’m on the road. Apparently, I’m in the minority.  A recent Medill Report Chicago, article by Jeff Beck, “Facebook status: I’m in the car” detailed how many car manufacturers are adding “in-car connectivity” to their new models previewed at the Chicago Auto Show.  As if driving is not enough stimulation, the new products allow drivers to access social networks, e-mail and text while driving. Even if some of these functions can be carried out via voice commands, it seems as though the new features… Continue Reading

Its Time For Illinois To Recognize The Dangers Associated With Bike-Dooring Accidents

Posted in Bicycle Accidents

Only recently have states and municipalities recognized the disastrous consequences dooring-accidents can have on bicyclists in urban areas. Thankfully, many cities– such as Chicago– have recognized the importance of preventing these injuries by incorporating ordinances to protect cyclists from the unavoidable harm caused when a car door is quickly flung open in front of them. According to Chicago Municipal Code: 9-80-035- Opening and closing vehicle doors No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. Added Coun. J. 3-12-08, p. 22781, § 2 By some accounts, dooring-related bike accidents account… Continue Reading

Children Are At Risk For Developing Complications Such As RSD Following Trauma

Posted in Medical Malpractice, Motor Vehicle Accidents

Several years ago my law office represented a nine-year-old who suffered an injury to her arm when construction debris fell from the roof of her school where construction was being performed.  Amazingly, there were no fractures or outward trauma aside from some minor bruising and swelling. After getting checked out at the emergency room, the girl and her parents breathed a sigh of relief as they were happy that the injuries were minor— or so they thought. However, in the weeks that followed, the girl’s condition did not improve.  Actually, the pain in her arm began to worsen and a throbbing ensued as well.  When re-examined at the emergency room, the doctors were unable to explain the strange phenomena. As it turned out, our client was suffered from a relatively little known medical condition known as reflex sympathetic dystrophy (RSD), also referred to as complex pain syndrome. During the course… Continue Reading

When Do You Need To Contact An Attorney To Discuss Your Child’s Injury Case?

Posted in Medical Malpractice, Motor Vehicle Accidents, Pharmacy Errors, Premises Liability, Sexual Abuse

Situations involving severe personal injury, medical malpractice and other types of harm inflicted on children can pose a challenge both for the individual child and his or her family. When it comes to determining how to proceed with your potential legal recourse, the best rule of thumb is to trust your instinct. If something doesn’t seem right–it’s probably not. Because most cases involving personal injury, medical malpractice or abusive circumstances to children take place both behind closed doors and with a child who not be capable of articulating the particulars, timely retention of a lawyer– who works on your behalf–  is important to conducting an initial investigation and case assessment. Despite the fact that statute of limitations– specific time allotments to file a lawsuit– may extend the time for pursuing a case on behalf of a child, valuable evidence may need to be gathered as soon as feasible following an incident.  In… Continue Reading

Is The Danger Too Much? Shall we do away with teenage drivers?

Posted in Motor Vehicle Accidents

Perhaps one of the most anticipated milestones for high school students is the opportunity to get their drivers license on their 16th birthday.  In addition to providing a new level of freedom, driving privileges also likely free parents from shuffling their children back and forth to activities.  While the freedom and convenience can be great, we must consider the burden these new drivers have on themselves and those around them. What type of burden?  Accidents involving themselves, passengers, pedestrians and any other people who share the road.  The fact is teens have the highest rates of traffic crashes and crash fatalities compared with any other demographic.  A recent article by the New York Times, eloquent, Tara Parker-Pope “New Lessons to Pave a Road to Safety” really did a good job highlighting the problems associated with this group of drivers. If anything, Ms. Pope’s article was a reminder how—like most of… Continue Reading

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