Aug 1, 2012 | Car Accidents, Child Accidents, Personal Injury, Products, Uncategorized
The alarming truth about car accidents is that exponentially more than any other accident, car accidents are the most common type of injury involving minor children. In fact, according to the National Center for Statistics and Analysis (NCSA), nearly 250,000 children are injured every year in-car accidents.
So let’s break down the math. Essentially, what this means is that on any given day, close to 700 children are harmed due to motor vehicle collisions on our roadways. Of the 250,000 kids injured each year, approximately 2,000 die from their injuries. Delving even further into the statistics, children make up an overwhelming 5% of all fatalities due to motor vehicle collisions. Of that percentage, the majority of the children are aged 2-14 years, the most tender years of a child’s developing life. unfortunately, 20% of those fatalities are caused by intoxicated drivers. Almost half of the children that were killed were “riding passengers” in a vehicle operated by an intoxicated driver.Moreover, car accidents are the leading cause of after-acquired disabilities, such as brain injuries or paralysis, for children across the nation.
Of the child fatalities that do not involve intoxication, half of those accidents were due to failure to wear a seat belt or use a child safety seat. According to the National Highway Traffic Safety Administration (NHTSA), at least 72% of child vehicle safety restraints that were observed, were being used incorrectly. NHTSA has moreover found that if the child were properly harnessed into the restraint, the reduction of death would be by 71% for infants, and by 54% for toddlers.
Each state requires that children under the age of 5 use approved child safety seats; however, it has been observed that there is only a 90% compliance rate.
These statistics are disheartening and alarming. For the children especially, who become victims of adult mistakes, and then are “incompetent” in the eyes of the law to bring suit until the age of 18, or in a guardian capacity.
If you or your child have been injured by a drunk driver, or a faulty seatbelt or restraint, or in any other manner, the law offices of Reeves, Aiken, and Hightower LLP are ready and capable to help.
We are licensed to practice in both North and South Carolina, and encourage you to continue browsing our website and to compare our attorneys’ credentials to any other firm. You can then call us toll-free at 877-374-5999 or contact us by email for a private, confidential consultation to review your particular case.
Jul 31, 2012 | Car Accidents, Child Accidents, Personal Injury, Uncategorized
A tragedy occurred on Interstate 26 Saturday night, when an 11-year-old’s life was taken in a fatal car accident. A mother and her 11-year-old son were traveling on Interstate 26 when their car suddenly struck the guardrail, slowing down to a complete stop in the center of the fast lane. Almost immediately thereafter, their car was impacted by another car that skidded into the mother’s vehicle.
The frightened mother than gathered her children as quickly as possible in an attempt to evade any additional damages, and began to walk along side the road. As the family made their way slightly down the road, the 11-year-old boy was struck by a pickup truck, throwing his body into the median. Thereafter, an 18-wheeler rapidly approached the disaster, and in an attempt to avoid the now pileup, he swerved into the median. It is unclear whether the child was hit by the 18-wheeler or not when the truck ran atop the median.
The child was subsequently pronounced deceased at the scene.
The South Carolina Highway Patrol M.A.I.T. team was called to the scene of the accident and began an investigation into the accident. Deputy Chris Keller of the Newberry County Sheriff’s Office was called to the scene to assist with traffic control on the interstate.
To make matters even worse, as Officer Keller was standing towards the rear of his vehicle directing traffic around the accident, a Jeep approached and would not merge over. Officer Keller was able to escape the impact of the Jeep before it crashed into his patrol car. Luckily, Officer Keller suffered no injuries, but the damage to the patrol car amounted to a total loss.
The South Carolina Highway Patrol subsequently arrested the driver of the Jeep, Billy Dwayne Jones, 38, of North Charleston, who has been charged with driving under the influence. Jones was released on a $992.50 personal appearance bond.
In a horrific situation such as the aforementioned, it is difficult to place blame on any one party in particular, as it appears as though it was just one tragic event after another. It is important to obtain counsel to protect yourself and others from any further harm or injustice.
The South Carolina Personal Injury Attorneys of Reeves, Aiken & Hightower
If you or someone you know have been injured or killed in any type of accident, call the South Carolina personal injury attorneys of Reeves, Aiken & Hightower at 877-374-5999, or use this form, for a free consultation with an attorney to help you evaluate your claim and to get the recovery you deserve.
Jul 31, 2012 | Child Accidents, Uncategorized
A teenage boy, aged 14-15 years old was flown to Tampa General yesterday morning after a game with a friend and fire erupted into serious burns for the boy. The teenager was known in the neighborhood for his love of basketball, and was spotted by witnesses playing from the wee mornings til the late of the night. Monday morning, around 10:45, a neighbor arrived home after a workout to hear screams coming from the usual place he had heard dribbles many times before.
The neighbor immediately called 911, only to find that the child and his friend had allegedly poured gasoline onto the dining room table, and set the table aflame. It was this alleged act that is proposed as the cause of the injuries to the teenager, although the Police have not yet officially released the cause of the fire.
The boy’s friend, however, remained unscathed by the flames as the teenager took the brunt of the burns. The boy’s status has just been released to be that of critical condition.
In North Carolina, children are held to different standards than adults when dealing with injuries, unless of course the child in engaging in adult-like behavior, such as driving a motor vehicle. Moreover, North Carolina is one of only 5 states that follows the common law theory of contributory negligence. Contributory negligence will completely bar recovery is the plaintiff is even 1% negligent. However, in the case of children, the courts follow the colloquial ” rule of sevens.” This rule states that any child under the age of 7 is presumed to be incapable of negligence. Children aged 7-14 will also be presumed to be incapable of negligence; however there is a rebuttal presumption that the defendant may use. Lastly, if the child is over the age of 14, there is a presumption that the child is in fact capable of negligence, however, that presumption too may be rebutted.
Thus, injury cases involving children in North Carolina can often be tricky, especially by following the archaic theory of contributory negligence. In the event that the case becomes chaotic, obtaining counsel to sift through the weeds my alleviate both yours and your child’s stress.
The North Carolina Personal Injury Attorneys of Reeves, Aiken & Hightower
If you or someone you know have been injured or killed in any type of accident, call the North Carolina personal injury attorneys of Reeves, Aiken & Hightower at 877-374-5999, or use this form, for a free consultation with an attorney to help you evaluate your claim and to get the recovery you deserve.
