Danielle Barker, a 13 year old Ken Caryl resident, was seriously injured when she was hit by a Cadillac in front of her school. The girl was in a designated crosswalk at the time she was hit and the accident is still being investigated.
Liability for accidents such as these are often difficult to prove as we have to show that the victim in the crosswalk was legally crossing the intersection at the time of the accident.
I have secured settlements in several cases such as this one and know that they can be difficult, even though the victim was within the crosswalk. Often, the insurance company for the auto driver will try to say that the victim is somehow at fault – either entirely or in a large degree. Several local cases tried before juries have actually resulted in the jury finding that the driver was not at fault.
If you or your family member has been injured in such a crossing accident, I urge you to contact as lawyer as soon as possible.
Our law firm has been handling such cases for over 14 years. For a free consultation please call (303) 741-0249.
Archive for the ‘Children’s Safety’ Category
Schoolgirl hit in crosswalk.
Tuesday, March 26th, 2013Teens Waiting to Turn 18 to Get License!
Wednesday, August 25th, 2010August 25, 2010 – There is a new trend in Colorado. Teenagers are waiting until they turn 18 before getting their driver’s license. Although laws dictating licensure have recently changed, the most common reason teens are waiting is financial.
Licensing for teenagers is guided by statute and can require a tremendous investment of time and money. Colorado law requires teens between the ages of 15 and 18 to complete a state-approved driver education course, including 6 hours of behind-the-wheel training, which can cost between $450 and $800.
In light of our economy, most teens are waiting until they turn 18 because at this age you can walk into a Department of Motor Vehicles, take a written test and walk out with your driver’s license! It’s a positive move as most teens by this age have developed good driving habits and achieved a higher level of maturity and responsibility to hold themselves accountable when driving on their own.
Law Goes Into Effect: Booster Seats Required for Children
Wednesday, August 18th, 2010August 15, 2010 – I was recently at a red light and looked over to the car next to me. There was a small sedan containing three adults and three children! There were two children in the back seat sitting in the laps of two adults and obviously wore no restraint. As a parent, I cannot even imagine allowing my child to ride in a car without any protection to what can and does occur every second in this country – a serious car accident!
This month Colorado enacted a new law requiring children between 4 and 8 years of age to ride in booster seats. The most common injury sustained by children in automobile accidents is head trauma, and children under 1 year old are more likely to suffer from head trauma than any other age. A rear-facing car seat is still required for babies under 1-year old and weighing less than 20 pounds. However, after their first birthday and once they’ve reached 20 pounds, that child can be placed in a front-facing car seat.
The National Highway Traffic Safety Administration recently reported that unrestrained children were almost three times more likely to suffer severe injuries in rollover crashes and eight times more likely in near-side impacts than restrained children.
If you cannot afford to purchase a new car seat, you can purchase an inexpensive used car seat or booster seat at garage sales, resale shops or thrift stores like Goodwill and ARC. If you are unsure how to install a car seat or booster seat, you can take them to the nearest fire or police department and someone will educate you on the proper way to install it in your vehicle.
No one knows they will be involved in a car accident until it happens! It comes out of the blue and with no warning. It is our responsibility to keep our children safe! If we don’t do it, who will?
Derailment at Tiny Town
Thursday, August 12th, 2010August 11, 2010 – The Tiny Town train derailed this morning sending several people to the hospital for injuries including bruises, bumps, scrapes and possible broken bones. While making the familiar curve at the north end of the park, car number 10 rolled off the track and took four other cars with it. Three people remain in the hospital in serious condition.
Tiny Town was built at the site of the old Denver-Leadville stagecoach stop in 1915.
Legislation Passes Requiring Children to Wear Bicycle Helmet
Tuesday, July 27th, 2010July 1, 2010 – On March 3rd, the Colorado House of Representatives voted on legislation that would require children under the age of 18 to wear a bicycle helmet. The vote, 33-32, narrowly passed muster. Ironically, the vote was taken only days after Governor Ritter suffered major injuries after an accident on his bike. The Governor fortunately was wearing his helmet!
It seems an obvious smart choice to wear a helmet while riding a bike. Unfortunately, the facts are that almost 200 children under the age of 15 die each year from bicycle-related injuries, almost 9,000 children are hospitalized, and over 340,000 children were treated and released by ERs for bicycle-related injuries.
I actually took my kids outside and showed them what happens to a watermelon that gets thrown on the pavement – the same effect as a human head hitting the concrete. Children need to know the risk they run when they don’t wear their helmet. Parents must model this behavior by wearing their own helmet and also discussing the importance of protecting your noggin with their kids.
School Bus Safety – Who Knew?
Monday, February 1st, 2010February 1, 2010 – Last month two accidents involving buses sent four people to the hospital, one of which was a Cherry Creek School Bus. As we all know, most buses do not provide seat belts for our protection. It seems oxymoronic to legally require passengers in cars to wear seat belts, yet not provide this life-saving option to the children of this country on their five day a week, twice daily ride to school. What are we teaching our children anyways? Seat belts are a must when driving with their most trusted role models, yet they can ride with a perfect stranger in a 10,000+ pound vehicle without this protection?
A little background on bus seat belts – thirty-five years ago UCLA engineers designed “compartmentalization” to ensure the safety of bus passengers. This design provided for high-back, well-padded and well-anchored seats capable of absorbing crash forces and allowed for large aisle side panels to contain riders. The engineers also recommended a lap belt for additional and necessary protection. Ten years later, and in response to a Congressional mandate, the National Highway Transportation Safety Administration (“NHTSA”) initiated the Federal Motor Vehicle Standard 222, which provided for only some of these proposed features. The proposed standards left out of Standard 222 were the crucial compartmentalizing side panel and lap belt. Additionally, the seat back height increase was eight inches lower than the engineers had recommended. To say the least, these insufficiencies severely compromised passenger protection in side impacts and bus rollovers. However, the NHTSA holds the position that school buses are one of the safest forms of transportation on the road today.
Buses weighing over 10,000 pounds are not legally required to have seat belts. The National Coalition for Seatbelts on School Buses cite the following reasons why they should: (1) reduces the probability of death and severe injuries in accidents; (2) improves passenger behavior thereby reducing driver distractions; (3) protects against injuries in rollover or side impact crashes; (4) reinforces good safety habits; and (5) the nominal cost to install seat belts. However, the NHTSA opposes seat belts on large buses saying they are “not only unnecessary but could also be hazardous.” These are their reasons: (1) seat belts are not helpful in the majority of fatal accidents; (2) more children are killed outside of buses – walking to and from the bus stop - than inside; (3) there is no guarantee that students will use the seat belts; (4) seat belts could be used as weapons to injure other passengers; and (5) money spent in installing seat belts could be better utilized on other safety measures.
I guess it is somewhat comforting to know that out of 23.5 million children who ride buses daily, only an average of 7 bus passengers die each year in accidents. However, I see no reason why seat belts should not be mandatory on all school buses. Can we place a dollar amount on the safety of our children? Without these live saving devices, can we really feel that are children are safe? Are we sending mixed messages to our children about their safety? What do you think?
School Bus Accident in Aurora
Friday, January 29th, 2010January 25, 2010 – A Cherry Creek “special needs” bus collided with a car at South Tower Road and East Amherst Avenue. The car ran a red light at the intersection causing the collision. Two students, a students’ aide and the bus driver were taken to the hospital for treatment of bumps and bruises and released. No one in the car was injured.
Denver Crash Injures Five, Including Four Children
Wednesday, September 30th, 2009September 20, 2009 – Alcohol is suspected in a two-car accident where a SUV was struck in an intersection in Denver. Four of the five injured were ejected from their vehicle and rushed to Denver Health Medical Center. Their conditions are still unknown. It is unknown whether any charges have been filed against the driver who caused the accident.
Every day we see cases in our office where injuries could have been prevented and lives saved if only people would use their seatbelts. Despite this, up to 20% of motorists still do not use their seatbelts on a regular basis.