Child Injury Lawyer Blog
In Utah and other States, children are the unfortunate victims of the negligent, distracted, and / or drunk drivers that cause serious personal injuries and in some cases wrongful death. Certainly, drivers should slow down in school zones, at bus stops, and at parks. Drivers should also proceed with caution when a child is in or near a crosswalk or intersection. Tragically, children continue to be the victims of careless drivers on a daily basis. When a child is injured, a criminal case can be pursued against the negligent driver if the careless driver amounted to a crime in the form of DUI or other forms of reckless conduct. Justice demands that action is taken in these cases. There may also be a civil case pursued against the negligent driver. It should be noted that there are many practical consideration that come into play when an attorney reviews a potential civil case for potential legal representation. One such consideration focuses on the availability of automobile insurance to cover the damages claimed by the injury victim and the family of the injury victim. Here are the various types of insurance that may apply:Personal Injury Protection. In States in which insurance carriers offer such coverage, PIP can provide in most instances up to $10,000 for medical bills and wage losses. PIP benefits are often paid from a parent’s automobile insurance policy. For instance, if a child is hit by a negligent driver, the medical bills may still be processed under the PIP portion of the policy of the parent(s) of the child. PIP can apply even though the parent’s vehicle was not involved in the crash.
Medical Payment Coverage. This coverage works similar to PIP coverage. The medical bills may be processed or paid by the insurance policy of the injured child’s parent. If no such coverage applies, the Medical Payment and / or PIP benefits may be obtained from the at-fault driver’s policy. This will depend on the insurance policy language as well as the insurance laws in place for the State where the incident / accident took place.
Drinking and driving ruin lives and, in many instances, end lives. Unfortunately, many such DUI accidents involve serious injuries or death to children. When a child suffers injuries as a result of a DUI accident, the child is entitled to seek compensation from the DUI driver as well as the owner of the vehicle operated by the DUI driver. Here are some matters / issues that may arise in the DUI case:
In Alabama, a mother was arrested for having her teenage child ride in a cardboard box on top of a van. The driver, Jackie Denise Knott, informed Albertville, Alabama police that she had a good reason for placing her teen on top of the van. The reason was that the driver needed someone to hold down a box. Here is a better idea for this driver: leave the box and avoid putting a child at risk for personal injuries. Several drivers had called in this dangerous situation to police.
The Georgia Department of Early Care and Learning is the agency responsible investigating and fining day care centers in Georgia. This agency is investigating an incident involving a child in the day care program at A Child’s World, Hephzibah, Georgia. DJ Murray, age 6, was left on a day care school bus after being transported to the day care center. He apparently fell alseep while on the ride to the day care center.
In Baton Rouge, Louisiana, a child died while under the care of Wanda’s Kids World (day care center / child care center). It has been reported that Wanda’s Kids World had a liability insurance policy in effect with Colony Insurance. Recently, Colony Insurance filed a lawsuit seeking a court order to determine its obligations (if any) for the injuries / death by the child who was left unattended in a day care center van. It is position of Colony Insurance that no coverage would apply under this particular insurance policy since the incident involved a vehicle (van) which is (according to Colony) excluded under the policy. In Louisiana and other States, an insurance policy is a contract between the insurer (Colony Insurance) and the insured (Wanda’s Kids World). The contract (insurance policy) must be read to determine coverage under the policy. Attorneys are skilled in reading contracts and insurance policies to determine applicable coverage. The review of the insurance policy may require a review of applicable Statutes, Code provisions, insurance regulations, and Court rulings. In this case, Colony Insurance is seeking a court order to hopes that the Court will rule that Colony has no duty to pay or provide coverage for the wrongful death of the child who was left unattended in the vehicle.
Texting while driving has become a major safety issue for teens and adults alike glued to their telephones while driving. Talking on a mobile phone can be distracting in that the driver’s mind is occupied with the conversation rather than the road, other drivers, bicyclists, and pedestrians. Texting is a bigger problem because drivers are looking at the mobile phone screen. Texting can be blamed for a number of deadly automobile crashes during the past few years including the following: