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Archive for the ‘child injury and safety’ Category
Monday, September 3rd, 2012
As an personal injury attorney I deal with car accidents on a daily basis. But safe teen driving and conversely its’ perils have become very intimate lately. My son just got his temporary permit but that was not the issue. I recently caught him with a sixteen year old driving my son and another friend in the car. Both are not quite 16.
Supposedly he was going bowling and the father of his friend was going to take them. He got out of the house while I was not home and his mom was downstairs doing laundry. So we did not see who picked him up. I just had a sixth sense that he was out with friends. Luckily we are hooked into our kids with cell phones and when I went to where he was supposed to be and did not find him I called him and gratefully he answered.
Ohio Teen Driving Law
Most states have gone to graduated driving. This means there are certain restrictions on what a 16 and 17 year old driver can do. In Ohio, probationary drivers under 17 are not permitted to operate a motor vehicle with more that one person in the car who is not a family member unless accompanied by the driver’s parent.
Also 16 year olds are not permitted to drive a vehicle between midnight and 6 AM. 17 year olds are not permitted to drive between 1 AM and 5 AM unless going to or from work or school. They must have on their person a valid form from their employer. There are fundamental accident prevention reasons for this.
Statistics on Teen Driving Causes of Crashes
Studies conducted by the Intitute of Highway Safety have shown that one passenger doubles the risk of a crash among teen drivers, two passengers triple the risk. Three or more passengers increase the risk by more than 6 fold. For nightime driving restricted between 12-5 AM there is a reduction on the order of 20% and increase the restriction from 9 pm the reduction in nightime fatalities has been up to 40%.
Eight American teens die from motor vehicle injuries every day. If there was a disease doing this every American medical researcher would be looking for a cure. Car accidents are the leading cause of teen death in the United States. Although declining presumably because of graduated driving laws its still a major issue.
Some Solutions To Teen Car Crashes
As a trial lawyers we can become involved with our schools and teach programs to educate the students and parents. We know how to talk to people. We know how to pursuade. It’s not fear that is going to persauade. Gory pictures do not do much , but a rational approach can work. Roberl L Sach Jr has a great article on Teaching Teens About Safe Driving in the Asssociation for Justice Trial magazine Feruary issue.
Of course the driving drunk scenario is always an issue. Maybe more importantly is the ability for a teen to say no to driving with a drunk driver. It’s not only your child’s driving you must be concerned about, but the person driving your child.
1. Get your teen to sign a safe driving contract . This at least makes clear the ground rules, expectations and consequences.
2 .Be engaged with your child. The parent that asks;
a. Where are you going?
b. Who are you going with?
c. What stops will you be making?
d. Will there be any drinking?
e. When will you be home?
f. Keep your phone on and check in with me.
Has a better chance of preventing a harmful driving event.
Give your child chance to get out of trouble gracefully. Let them know if they sense a problem, such as the driver of the car is drinking or too many people need rides, that they can call you for a free ride and no discipline will be given .
Back To My Son
My son was grounded for the week and their was a big party he wanted to go to that he missed. He thinks he just told a lie, and since he apologized that should be it. But he does not understand the enormity of “joy riding” with two other friends, even if it was in the middle of the day and no drinking was involved. It’s not only illegal for the driver but unsafe for my son and the others in the car. It is the first time he’s ever had any real punishment. A child that was my best buddy now hardly even speaks to me. It hurts me deeply. This too shall pass. How much worse would it be to deal with a serious or even fatal injury . I do not even like to write those words. But if I put my head in the sand what kind of parent am I.
by Anthony Castelli Attorney
8170 Corporate Park Drive
Monday, April 9th, 2012
Recently a judge ordered Jennifer Nettles of the country group Sugarland to give testimony in the Stage
Fair Collapse involving Sugarland. Seven people were killed and many more were injured when the stage collapsed.
The area of inquiry is simple. Did the band refuse to delay the start of the concert because of severe weather.
On December 3 , 1979 the Who concert in Cincinnati, Ohio spawned death and injuries , not because of a stage collapse , but because of the push of the crowd and the stampede to get in that caused crushing injuries from the inability to breath in the mass of people crushing each other, resulting in the killing of innocent youth.
It’s somewhat shocking that since then the Who case was just the tip of the iceberg. The tip of the iceberg is now visible yet one more time in the guise of the Sugarland concert. According to estimates available , the post-Who concert tragedy period has produced at least 132 concert crowd safety-related deaths worldwide-crowd crushes, festival seating deaths, over crowding, moshing, violence, etc. (Forty-nine deaths, or 37 percent, were in the United States. ) In addition, over the last 30 some years hundreds of thousands of concertgoers have suffered injuries and property damage costs in the United States can be placed in the millions.
Although the Who death dealt with crowd management and the Sugarland concert dealt with stage collapse the international Association of Auditorium managers needs to be more proactive in developing stronger standards that would , if followed prevent anymore music concert and deaths.
By Anthony Castelli Serious injury and wrongful death lawyer can be reached at 513-621-2345
Saturday, March 24th, 2012
Teen car crash deaths are on the rise.This is a troubling new trend. Our dearest children are being killed in car accidents. Yet, the Ohio legislature can not seem to agree on a anti-texting bill that would prohibit this activity involving texting, distracted driving, and car accident injury and deaths.
Federal data shows that in the first 6 months of 2011 there was an increase in teen car deaths by 11%. Formerly, in the 8 years previous teen car wreck deaths had been decreasing.
WHAT HAS CAUSED THE INCREASE IN TEEN CAR ACCIDENT DEATHS
NHTSA has determined that teens are the age group with the highest probability of being killed in a car crash because of distracted driving. In fact the National Traffic Highway Safety Administration found that 16% of teen drivers Killed in auto accidents in 2009 were distracted. The primary distraction is the use of a cell phone for calls or texting.
The Ohio legislature has a bill on distracted driving floating in space. In June the Ohio house of representatives voted to pass House bill 99, This would have prevented sending or reading text messages. However the Senate has let the bill languish. Sen Lou Gentile said he does not know when the bill will be taken up again. He thought some senators would not support the bill, but did not give any compelling reason.
Ohio is now surrounded by States that have such a law on the books. I think it stinks that Ohio has not moved to get a law on the books that prohibits a driver from texting. Cmon Senator Bill Seitz of Hamilton County, this is right down your alley. Senator Neihaus of Clermont County what have you done?
WHAT YOU CAN DO TO PREVENT TEEN CAR ACCIDENT DEATHS
1. Write your Ohio state senator and ask them to pass this bill
2. Communicate with your teenager and download the child parent safe driving contract and go over it with your teen driver and lay your own rules down.
Public Service announcement by Anthony Castelli Cincinnati car accident Lawyer
Tuesday, December 13th, 2011
As a Cincinnati personal injury lawyer for 3o years sometimes it’s hard not to get upset at insurance company tactics and big government and the elected politicians. Recently Attorney General of Ohio Dewine conducted a “child safety summit.”
He called for a complete review of the foster care system. One wonders how much is politics and how much is a real concern for the welfare of children in foster care. According to his own press release the summit discussed the death of children after being reunited with relatives. There were also concerns of children not being reunited as well as medication of foster children. We applaud his effort in bringing people together to examine child safety issues. But.
The foster care people on the firing line welcomed a review and you can bet any improvement comes down to money. Something the state has not that much of to go around. To me the concern for safety rings hollow. But maybe I’m jaded.
You see I’m in a lawsuit involving the Ohio department of transportation. You can judge the concern for safety and their willingness to take responsibility by the dollars they compensate the people injured by neglect of Ohio operatives and their contractors. Their contractor’s are no different and maybe worse. So far its been “lawyer up ” as usual. Although some changes have been made for the betterment of safety of the motor vehicle traveling public.
I guesss we are better off than we used to be. In bygone days you could not sue the state under the theory that , “The King Can Do No Wrong.” But we know plenty of kings have done plenty wrong. so in recognition the state waives immunity from personal injury lawsuit in certain instances and allow themselves to be sued in the Court of Claims.
So lets follow this foster care issue. I can tell you as a former social worker for 241-kids that most of the people working in the trenches are underpaid and overworked. The smart ones get out before they burn out. That’s what I did . Now I really feel it comes down to me and my client to make a difference. And a fire still burns in me as a Cincinnati personal injury attorney to seek justice for accident injury victims whether it be as a car accident lawyer or other personal injury loss.
Saturday, November 12th, 2011
As a Cincinnati personal injury lawyer for 30 years I have seen many child injury cases. The saddest I could think of are the death of a child. Unfortunately sexual abuse of a child can be the emotional death of a child. The recent Penn State issue tells us that many times the abuser is someone that knows the child. In fact the statistics are that it is more likely to be someone the child knows that’s an abuser.
Here Are Steps To Protect Your Child
1. Make sure that if your child participates in any activity involving an adult that at least two adults are present.
2. Make sure you ask the leaders of the programs your child participates in how they screen their workers.
3. Communicate with your child that they can talk to you about anything.
4. Begin sex education at an early age.
5. Let your child know that they should tell you about anything that makes them uncomfortable.
6. Tell your child they have the power to say no to unwanted conduct from an adult.
7. Show up at your child’s activities
8. Report any suspicion of child abuse to the police.
9 . Make sure any institutions your child is involved with have programs in place so that they require two adults two always be present.
10. Keep in communication with your child when they are away from home.
By personal injury attorney Anthony Castelli Attorney
Monday, February 28th, 2011
It’s hard to know what is safe sometimes. There are many things that we just do not realize that can cause our child injury if not death. It’s a scary world out there. If you are my age you hitch hiked up and down your hometown, not anymore.
What really concerns me are the products that are made that can kill or injure my your child. Just recently I read an artice the headline was STUDY : Cellphone use affects brain. Holding a cell phone against your ear changes brain acivity due to RADIATION. A cellphone is a microwave radiation antennae. The amount of radiation you get is directly related to the distance from your head. They say it could be good or bad. And your child’s developing brain is more susceptible to these changes. I’ll bet you there’s some bad stuff they won’t tell us about.
But what about products we know about. Take a look at the recalls on products known to have caused child injury . This link here is for other than toys.
Let’s name a few: jogging strollers. I always thought those were pretty dumb. There’s Dad running as fast as he can . What if he tripped and fell. Reminds me of those people who put there child on a riding lawn mower. So there is an element of parental responsibility. But for the most part the products are the culprits such as dangerous cribs.
IKEA Recalls to Repair Cribs Due to Mattress Support Collapse; Cribs Pose Entrapment and Suffocation Hazards
Two Strangulation Deaths Prompt Summer Infant to Recall Video Baby Monitors with Cords; Firm to Provide New On-Product Label & Instructions
WARNING: Generation 2 Worldwide “SafetyCraft” Brand Drop-Side Cribs Pose Risks of Strangulation, Suffocation
Hardware Linked to Deaths and Injuries
Here is the consumer protection center site devoted soley to crib safety. Please go there if you are using a crib. http://www.cpsc.gov/info/cribs/index.html
And now our Supreme Court in its infinite wisdom says that you can not sue a vaccine manufacturer for a drug design defect and the special court set up at the request of the drug companies is your only remedy. O boy.
If you have questions about your childs injury I welcome your call at 1-800-447-6549 or you can check out my personal injury help web site.
"Your office has been nothing but good to us! From our very first phone call to the very end, you were there to listen. You have been a fantastic attorney. We were undoubtedly going to lose everything we had because of the accident, but you made sure we were taken care of!! We are no longer worried about losing our home, and it's because of you! My family is back on track! Words cannot express how much we appreciate everything you did for us. I know you will be a blessing to a lot more people!" With love,
Morris & Jennifer Smith