Boston Injury Lawyer Blog

A recent string of school bus accidents across the United States have caused parents to question the safety of the transportation vehicle normally considered the safest type of transportation for school kids.

Just this week, three people were injured, including one student on Friday near Zoarville, Ohio, when a school bus was involved in a multi-vehicle collision.

On Monday, a Georgia school bus carrying 27 junior and high school students overturned on the drive to school. 11 children were taken to the hospital for medical attention. Injuries included back and neck injuries.

On Tuesday, in Harrisonburg, Virginia, 28 people suffered injuries in a multi-crash collision involving a car and two school buses because the 70-year-old bus driver of one of the buses ran a traffic signal.

Last month, four students died and 14 people were hurt in Minnesota when a school bus struck a van and then a pickup truck before tipping over.

On February 27, five junior high school students were seen by hospital staff because they were involved in a rollover collision that occurred because the driver turned the bus too fast.

The National Highway Traffic Safety Administration says that 25.1 million kids ride 474,000 school buses to and from school throughout the United States. In 2005, 8,000 children sustained injuries in a school bus accident. Some 17,000 kids are treated in emergency rooms because of school bus crashes.

Common causes of school bus-related injuries include:

• School bus crashes
• Kids getting off the bus and being struck by the bus or an approaching motor vehicle
• Children slipping and falling on the buses
• Kids getting hurt when the driver steps on the breaks or turns to quickly

Common causes of school bus accidents:

• Speeding
• Driver inattention
• Driver inexperience
• Lack of driver training
• Poor road conditions

Federal law does not require that school buses provide seat belts for kids.

If your child was injured in a school bus accident anywhere in Massachusetts, one of our Boston, Massachusetts motor vehicle crash attorneys can discuss your case with you. You and your child may be able to recover personal injury compensation for the harm that all of you have suffered.

3 injured in TV school bus, car collision, Timesreporter.com, March 7, 2008

Concerns for Kids' Safety on the Rise After Spate of Yellow Bus Accidents, FoxNews.com, March 5, 2008

Related Web Resources:

National Highway Traffic Safety Administration

National Coalition for School Bus Safety

Continue reading "Series of School Bus Accidents Raise Issues of Children’s Safety" »

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Posted In: Bus Accidents , Injuries to Minors

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8-Year-old Brittany Noel suffered internal injuries and a fractured skull after being struck by an SUV in the schoolyard at E.G. Lyons Elementary School in Randolph, Massachusetts on Tuesday. She was placed in a medically induced coma at Boston Medical Center last night.

The man driving the 2001 Ford Escape was 86 year-old William Geisler, who was trying to park his car at the school so he could vote. He appears to have lost control of his SUV, which he drove through a grassy area before it hit the second grader.

About 70 students witnessed the accident. Some of them had to jump out of the way to avoid being struck by Geisler's vehicle. A number of the children were reportedly traumatized from watching the motor vehicle accident. Emergency personnel had to pull the SUV off Brittany.

Geisler already has had two citations for speeding. He received one citation in Norwood in 1987 and another citation in 1995 in New Hampshire.

Our Boston, Massachusetts personal injury law firm handles injury accidents involving injuries to minors that were caused by another party’s negligence.

Elderly Drivers
Although elderly drivers are generally less inclined to speed or drive aggressively, their reflexes can slow down. While many elderly drivers are perfectly able to drive their motor vehicles into their 80’s or 90’s, there are senior drivers whose driving abilities start to fail.

Problems That Can Occur to Senior Drivers:

• Hearing problems
• Visual problems
• Drowsiness
• Brain impairment
• Dementia
• The side effects that come from taking prescription medication

Although these side effects are not the fault of the elderly driver who is experiencing them, when any of these problems are the reason that an elderly driver loses control of a car, runs over a pedestrian, or strikes another motor vehicle, he or she may be held liable for personal injury or wrongful death.

If your child was injured in a car accident, a bus accident, a truck crash, or a motorcycle collision. You and your family may be entitled to recover personal injury compensation.

Girl, 8, hit by car at school poll, Boston Herald.com, February 6, 2008

Children scatter as SUV crashes at school, injuring girl, Boston.com, February 6, 2008

Related Web Resources:

Elderly Drivers, Insurance Information Institute

Senior Citizen Driving: Warning Signs and Helping an Unsafe Driver Stop Driving, Helpguide.org

Continue reading "8-Year Old Massachusetts Girl in Medically Induced Coma After Being Struck by Elderly Voter in Car" »

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Posted In: Injuries to Minors , Pedestrian Accidents

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The U.S. Consumer Product Safety Commission and Battat Inc. are recalling 125,000 Battat Magnabild Magnetic Building Systems due to concerns that if young children swallow more than one of the magnets, they may experience intestinal blockages or perforations or even die.

Two sets are affected by the recall: the 180-piece Magnabild Magnetic Building System (BB1431H) and the 293-piece Magnabild Magnetic Building System (BB1502H).

So far, no injuries connected to these toy items have been reported. There have, however, been 16 reported incidents of the smaller magnets falling out of the building pieces.

An earlier recall in March 2006 involving a different magnetic building set brand highlights the hazards that magnetic toys can pose to young children. That recall, involving, all 3.8 million Magnetix Magnetic Building Sets by Mega Brands Inc. was issued after one child died and 34 others were injured.

Magnetic toys can become dangerous to a child if he or she swallows more than one magnet. Once in a child’s intestine, the magnets can be drawn to one another, which can result in blocks or perforations that can be deadly. Young children and toddlers who are prone to put things in their mouths are at highest risk of serious injuries.

If your child suffered serious injuries or died because he or she swallowed a magnetic toy or another item, you should speak with a Boston, Massachusetts products liability lawyer right away.

In 2007, the CPSC named magnets as one of the five hidden home hazards. Over eight million magnet toys have been recalled since 2005.

Toy manufacturers are supposed to make sure that their toys will not cause injury or death to children. When a defect in the products or in the product design causes serious harm, the manufacturer, distributor, or retailer may be held liable through products liability claims and lawsuits.

Battat Toy Magnet Sets Recalled in the U.S., Reuters, January 23, 2008

New recall of magnetic toys highlights warning on dangers, Consumer Reports.org, January 24, 2008

Related Web Resources:

Magnetic Dangers, Washington Post, April 20, 2007

U.S. Consumer Product Safety Commission

Continue reading "CPSC Recalls Toy Magnetic Construction Sets to Protect Children from Personal Injury" »

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Posted In: Injuries to Minors , Products Liability

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The Consumer Product Safety Commission says that 40,400 children were treated for ATV accident-related injuries at emergency rooms throughout the United States in 2005.

According to a study presented by Dr. Cheten Shah of the Arkansas Children’s Hospital, the injuries sustained by children on ATV’s can be potentially disabling. Dr. Shah presented the study’s findings at the annual Radiological Society of North America meeting.

500 children and teenagers that were injured in ATV accidents were examined as part of the study. Here are some of the findings:

• The number of ATV injuries doubled from 1998 to 2006.
• 208 out of the 500 children and teens examined for the study sustained bone fractures as a result of ATV accidents.
• Head injuries—66 bleeding in the brain injuries, 85 skull fractures, and 59 children with brain damage—were also common.
• 12 cases resulted in amputations.
• 6 children died (the study did not include children who died before arriving at a hospital)
• Some of these injuries resulted in permanent damage or disabilities.
• The eyes of two children were so badly damaged that they were removed.
• There were 5 spinal cord injuries and 21 spinal fractures.
• 70 kids sustained injuries to the liver, spleen, pancreas, or kidneys.
• 36 children sustained lung injuries.

The youngest child examined for the study was a 6-month-old who rode the ATV while his mother drove. The toddler sustained a thigh injury. The youngest driver, a 2-year-old, lost four toes. Another 2-year-old driver experienced severe brain hemorrhaging and now has a permanent disability.

The American Academy of Pediatrics is recommending that kids younger than 16 years of age not be allowed to operate or ride an ATV. Experts say children lack the coordination skills to operate an ATV safely. Supporters of ATV riding, however, claim that ATVs are safe for use by children if they wear the corrective protective gear and are supervised properly.

If your child was injured because of a defective or dangerous product, you may have grounds to file a products liability claim or lawsuit. The manufacturer of any product is required to warn users of any known hazards that can result in injury to death. “Failure to warn” can also be grounds for a products liability claim.

Experts: ATVs not safe for children, USA Today, November 26, 2007

Doctor warns ATVs not safe for children, Arkansas Democrat Gazette, December 3, 2007

Related Web Resources:

Massachusetts Recreational Vehicle Safety Laws

All-Terrain Vehicle (ATV) Safety, NSC.org

Continue reading "Study Reports that Kids Riding ATVs at High Risk of Injuries" »

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Posted In: Injuries to Minors , Products Liability

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11-year-old Dario Rodriguez, a Massachusetts resident, died on Monday because of injuries he sustained in a car accident.

Dario was struck by a car while he and two children were crossing Route 114 at Winthrop Avenue close to Veterans Memorial Stadium in Lawrence. He was rushed to Massachusetts General Hospital where he was treated for serious head injuries and later died.

The car driver, James Gianni, says that the motor vehicle in front of him stopped to allow the children to cross the street. Gianni says he did not have enough time to step on the breaks. To avoid hitting the other vehicle, he swerved into the right lane and hit Dario.

Police in Lawrence are investigating the fatal pedestrian accident. An accident reconstruction team with the Massachusetts State Police has been brought in to examine the evidence.

If your child was injured or killed while crossing the street as a pedestrian or while riding a bicycle in Massachusetts, you should speak to a personal injury lawyer right away.

According to the National Highway Traffic Safety Administration, there were 4,881 traffic-related pedestrian fatalities in 2005. About 1/5 of those deaths were child pedestrians, 5-9 years of age.

The CDC says that children are reportedly at high risk for sustaining pedestrian injuries because:

• Their small size makes them harder for car drivers, bus drivers, and truck drivers to see.
• Many young children don’t fully understand the way traffic signals work.
• Children are not able to correctly judge how fast a motor vehicle is going or how far away a car actually is from the pedestrian lane.
• Children and drivers can mistakenly assume that the other party is going to yield.
• Many kids walk to school.

Safe Kids Worldwide offers a number of suggestions of what children can do to stay safe on the roads:

• Don’t cross the street alone if you are under 10 years of age.
• Don’t play in the street.
• Walk on sidewalks.
• If you have to walk on the street, face oncoming traffic.
• Wear bright or retroreflective clothing so that drivers can see you.

Even if a child and his or her parents take all the necessary precautions to stay safe on the roads, there is no guarantee that a driver will not behave negligently or carelessly and cause a pedestrian accident to take place.

In Massachusetts, minors cannot file a lawsuit against anyone. The parents or guardian of a child injured or killed in a personal injury accident, however, can file a personal injury or wrongful death lawsuit against any negligent parties.

Sixth grader dies from car accident injuries, Eagletribune.com, October 3, 2007

Safety Tips, Safekids.org

Why are Children at Increased Risk?, CDC.gov

Related Web Resources:

Facts About Injuries to Child Pedestrians (PDF)

Continue reading "11-Year Old Massachusetts Pedestrian Dies From Car Accident Injuries" »

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Posted In: Injuries to Minors , Pedestrian Accidents

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The new changes to the Junior Operator License Law takes effect today. The revised law mandates that driving students must log in more driving time with driving teachers and parents.

Parents of teen drivers will also spend two hours in class learning about the driver’s education program. The changes will hopefully help teen drivers become safer drivers on Massachusetts’s roads so that less car accidents and personal injuries will occur.

Under the revised law, teen drivers will still have to spend 30 hours in a classroom studying driving. They will now also have to take 12 hours of driving lessons in a car. An additional 40 hours will have to be spent driving with a parent or another adult.

Not only are teenage drivers at higher risk for getting injured or killed in a car crash, but their experience on the roads increases the chances of other drivers and pedestrians also sustaining injuries in a motor vehicle crash.

The Registry of Motor Vehicles says that in 2005:

• 33% of all 16-year-old drivers were involved in a motor vehicle collision.
• 19% of all 17-year-old drivers were in involved in a traffic crash.
• 14% of all 18-year-old drivers were involved in accidents.

According to Teendrivinginfo.com:

• Annually, 7,887 (14% of all drivers) 15-20 year-old drivers are involved in fatal traffic crashes.
• Each year 2,008 16 to 17-year-olds die in automobile crashes.
• Crash rates are the highest for teens during the 1st six months & 1,000 miles after licensure.

Injuries sustained in a motor vehicle accident can be very serious and costly, which is why you should speak to a personal injury attorney if you have been injured in a traffic collision because another driver behaved recklessly or negligently.

Junior driver license law mandates parental role, Telegram.com, August 30, 2007

Teen Driving Information for Everyone

Related Web Resources:

The Massachusetts Registry of Motor Vehicles

Teen Drivers, DMV.org

Continue reading "To Prevent Personal Injuries and Motor Vehicle Accidents in Massachusetts, Junior Operator License Law Calls For Teen Drivers to Spend More Time Driving With Adults " »

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Posted In: Car Accidents , Injuries to Minors

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