Pedestrians account for about 30% of all traffic fatalities involving children under the age of 15 years. NHTSA estimates that more than one-fifth (22%) of children between the ages of 5 and 9 who were killed in traffic crashes were pedestrians. Approximately 19% of children involved in traffic fatalities under age 16 were pedestrians. And approximately 8% of all children under age 16 injured in a car accident were pedestrians. 45% of all pedestrian fatalities involving children under age 16 were killed between 3:00 PM and 7:00 PM. In Washington State alone, between 10 and 15 children who die every year in car accidents are pedestrians (Source: Washington Traffic Safety Commission, Traffic Safety Date for years 1993 - 2003).
Studies have shown that by age 3, boys outnumber girls in pedestrian nonfatal injuries and in pedestrian fatality accidents by a margin of almost 2 to 1 (Source: Pedestrian Injuries to Young Children by Lynn Walton-Haynes, DDS, MPH (2002). Many of the injuries to toddlers and preschoolers are considered "non-traffic." Namely, these accidents mostly occur in places like driveways and parking lots instead of public roadways or thoroughfares.
Nearly half of all pedestrian accidents involving children ages 1 to 4 occur when a vehicle is backing up in the driveway. According to a national advocacy organization, Kids and Cars, approximately 50 children are injured or killed every week as a result of vehicles backing up. The number of back-over deaths has actually increased in recent years. From 2002 through 2006, there were 474 children who died compared with 128 deaths reported during the period from 1997 to 2001. Research has shown that children in this age range are simply too young to understand the dangers that exist with a moving vehicle.
To combat the rising death toll of children in back-over accidents, Congress recently enacted the Cameron Gulbransen Act (Source: H.R. 1216 -- 110th Congress (2007), Cameron Gulbransen Kids Transportation Safety Act of 2007, also called "K.T. Safety Act of 2007"). The Act was named for 2-year-old Cameron Gulbransen who was killed when he was inadvertently backed over by a SUV because the vehicle's blind spot made it virtually impossible for the driver to see him. The Act directs the United States Department of Transportation to adopt new safety standards that will lead to the design and development of safety technologies to prevent injuries and death to children caused by back-over accidents that will become standard equipment in all vehicles.
The risks for school-age children of getting hit by a moving vehicle are different from those for toddlers. Children under the age of 10 still need supervision when crossing the street. Oftentimes a school-age child will forget about vehicles traveling in the street and dart out suddenly and without warning. Many pedestrian accidents involving school age children (ages 6 to 11) occur in the morning and afternoon, and at times when they are typically at play.
The financial consequences of a child pedestrian accident can be significant as well. In 1999, the average hospital stay for a pedestrian accident was 2 days and the cost was more than $25,000 (Source: Pedestrian Injuries to Young Children by Lynn Walton-Haynes, DDS, MPH, 2002). These figures were compiled from statistics nearly 10 years ago; so, undoubtedly, the average hospital medical charge for a typical pedestrian accident is much higher today. Nearly one-third (32%) of the accidents involved injuries to the lower legs, and they mostly involved fractures (87%). About 25% of pedestrian nonfatal accidents involved hospitalization for traumatic brain injury (TBI).
Most child pedestrian accidents are preventable. Parents need to be educated on the developmental limitations of their children in understanding the dangers of a moving vehicle. Parents can also teach younger children about the dangers of playing near the roadway or when it is appropriate to cross the street. There are also ways to minimize danger by creating safer roads and street crossings, especially near schools, playgrounds and other areas where children congregate. And finally, law enforcement can play a pivotal role by diligently enforcing traffic laws in areas where children are active and by making drivers aware pedestrian crossings.
Children who are victims of medical malpractice often suffer significant injury or death during the birthing process. Birth injuries are generally caused by something that went wrong during pregnancy or during delivery, while birth defects usually are harms to the child that arose prior to birth and were often caused by genetic abnormalities or infection during pregnancy. Some studies have shown that birth injuries occur in five out of a thousand births (0.5%). Most birth injuries occur when a doctor, nurse or mid-wife fail to adequately assess or respond to conditions that occur during pregnancy and/or the child's delivery.
To pursue a medical negligence claim for harms suffered by a child, the injuries usually have to be severe if not catastrophic. This is because it takes enormous resources and expense to pursue the claim. Experts have to be hired to review the records and testify that the child suffered harm because the treating physician or other healthcare professional violated the standard of care. Usually the cost of bringing a medical negligence claim will easily exceed six figures, and sometimes exceed $500,000.*
Some medical negligence cases involving children include death, permanent brain damage, Cerebral Palsy, Erb's Palsy, and Shoulder Dystocia. Many times medical negligence cases are settled or resolved confidentially so there is no reliable data base to show just how many children are victims of medical negligence. Many times the negligence goes unreported due to the parents' unawareness and/or because the child's injuries are less than catastrophic or severe.
These are just a few categories of accidents that involve children. Of course, there are many others - too many for this book to provide an exhaustive list. But what should be apparent, however, is that children face many different types of risks that can cause serious injury or even death. Parents should be aware of these risks so proper precautions can be taken to protect their children. Many risks can be drastically reduced or even eliminated just by teaching parents and their children about injury prevention devices, like seatbelts and helmets. Other risks of harm can be lowered with proper supervision of children and teaching children to watch out for certain risks like moving vehicles, aggressive dogs, and hazards located inside the home.
* The "cost" of bringing the case refers only to the costs of litigation, like hiring experts, conducting depositions, creating exhibits, etc. This does not include the fees owed to the lawyer for his or her time and expertise. Most lawyers however are hired on a contingency fee in birth injury cases.
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