South Carolina Child Injury Lawyer Blog

With Halloween weekend fast approaching, your Charleston accident attorneys at Howell ad Christmas, LLC thought it appropriate to share with our Child Injury Lawyer Blog readers some simple safety tips for parents that will help prevent child injuries. It is a little known fact that Halloween is one of the top holidays that result in pediatric emergency room visits, making these quick tips even more important.

Children under the age of 12 should always (emphasis added) have an accompanying adult when Trick-or-Treating, and if your children are old enough to go out by themselves, advise your ghouls and goblins to stick together in a group and travel on populated and familiar streets, staying on sidewalks, obeying traffic signals and only crossing the street at designated crosswalks. Also, it is a good idea, if your children are going out by themselves to have them take a cell phone in case of an emergency and a flashlight for increased visibility on dark streets and sidewalks. Street side safety is of particular importance because, according to U.S. Centers for Disease Control and Prevention (CDCP), children are four times more likely to be in a pedestrian car accident on Halloween than on any other night of the year.

It is of high importance to advise your youngsters to only approach homes that appear friendly to Trick-or-Treaters and are well lit. Also, children should never go enter a home they approach, and always remain outside when collecting their treats. While youngsters may be afraid of other monsters, ghouls, and goblins on Halloween, there remains the very real threat of unwholesome strangers.

In regards to costumes, parents should ensure their child’s costume is flame-retardant, bright colored (or glows in the dark, or has reflective strips), and is of appropriate length to prevent trips and falls. Accessories such as swords, knives, and wands should be made of soft and flexible material without sharp edges to prevent serious injuries in the event a quarrel arises between a young Pirate and a little Musketeer over a cute Snow White. Researchers from the CDCP warn that eye trauma from sharp objects and serious burn injuries from flammable costumes are common occurrences on Halloween.

Continue reading "Halloween Safety Tips from Your Attorneys in Charleston" »

Earlier this month, your South Carolina personal injury lawyers brought to our readers attention the issue of leaving kids in the car during the hot summer months. And despite the efforts of organizations like Kids and Cars and Safe Kids USA, unfortunately, there are still caregivers and guardians leaving their children in hot cars. The earlier entry was centered on the issue of parents and guardians forgetting their kids in the car, but this post and report is to deal with caretakers intentionally leaving children in the car while they run an errand.

Last week, an 81-year-old great-grandmother was accused of leaving two children in the car while she went into a Walmart. According to the woman’s lawyer, it was her intention to only be inside the store for a few minutes. But, according to police, the great-grandmother was in the West Ashley store for almost an hour.

She was arrested at the store after a Walmart employee discovered the two children, ages eight- and nine-years old, and a dog in a car with rolled up windows. The employee was able to get the kids to unlock the car and escorted them inside the store.

Due to this event, the woman was charged with two counts of unlawful conduct toward a child and one count of animal neglect. In Charleston County Magistrate Court, the great-grandmother’s bail was set at $25,000 on each of the two counts of unlawful conduct, setting her total bail at $50,000. The animal neglect charge will be addressed in municipal court.

Continue reading "Kids Left in Car at West Ashley Parking Lot, Great-Grandmother Faces Serious Charges" »

In Monday's Post and Courier, your South Carolina auto accident lawyers read an article that brings attention to a sad reality concerning parents, their children, and their cars. Last year, 49 children died of heatstroke after they were left in hot cars in the United States. Considering the outrageously hot temperatures we've been having the last couple weeks, it is important that efforts be made to prevent incidents where a child is left in car and subjected to extreme heat.

Experts report, in the last 12 years, that the parents of more than half of the 500 children who died from being left in a hot car simply forgot their kids were even in the vehicle. Founder of the nonprofit organization Kids and Cars says that, "If you have the ability to forget your cell phone, you can forget your child." The reality of the situation is that terrible things don't only happen to terrible parents, while good parents may think they will never forget their youngster is in the back seat, they can.

Kids and Cars is planning to print warning tags that read "Look Before You Lock." These warning tags will go into hospital take-home kits for new mothers as reminders to not forget their child in the car. It was not specified in the Post and Courier's article how these tags are to be implemented, but your child injury attorneys at Howell and Christmas, LLC think they are to be used in a similar manner as the handicap parking tags that hang from the rearview mirror.

Continue reading "One Mother's Tragic Tale Helps Gain Awareness About Kids Being Left in Cars" »

While browsing internet news sources your Charleston drunk driving accident lawyers read a tragic article that makes one wonder how some individuals can willfully put, not only their own life, but the lives of children in immediate danger. The Chicago Tribune reported that a 47-year-old woman, while driving drunk, lost control of her 1993 Oldsmobile Cutlass when she attempted to pick up a fallen potato chip. At the time of the Memorial Day crash there were a total of 8 people were crammed into the Cutlass, which only seats five, four of which were young children. Because of the car was well over capacity none of the children were wearing seat belts, much less a car seat.

According to prosecutors, after losing control of the '93 Olds the car crashed into a guard rail and proceeded to spin around 7 times. Prior to the fatal auto accident, witnesses said they noticed the car swerving, and afterwards, State Police found a number of open beer cars inside the car. Reportedly the driver told the responding officers that she had been "drinking a lot of beer" at a barbeque before getting into the car, but the open cans within the vehicle suggest she, or one of the other passengers, had taken beers to drink on the road.

The female driver has been charged with aggravated driving under the influence (DUI) for an accident causing death and reckless homicide and held on $350,000 bond. Also according to the prosecutors, the woman's blood alcohol content was registered at .164, more than double the legal limit.

Continue reading "Drunk Driver Crashes Car Filled Beyond Capacity, Child Killed and Three Others Critically Injured" »

Charleston child injury lawyers recently took notice of a study released by The Partnership at Drugfree. The study's finding were quite astonishing, and a bit disturbing, teens today see downing 5 or more alcoholic drinks almost every day as not a big deal. When teens were asked if they see a "great risk" in consuming that amount of alcohol on regular basis, 45 percent of the teen respondents didn't see it as a big problem.

While this study shows that today's teens do not view heavy drinking as a serious threat, the percentage of teens drinking is actually on the decline. An article on the study reported by the Post and Courier quotes the former chairman of the American Medical Association as saying, "It's important that we not lose sight of the progress our country has made in fighting underage drinking," and, "U.S. government data shows underage drinking and binge drinking are at record low levels."

But, even with this progress, the car accident attorneys at Howell and Christmas, LLC, being parents themselves, want to stress the importance of being involved with your children as a means of protecting your child from destructive behavior. The earlier kids start drinking the more likely they are to get involved in other unsafe behaviors.

Continue reading "South Carolina Drunk Driving Accident Attorneys Talk Teens and Drinking" »

A pair of sisters ages 11- and 7-years-old took, or stole depending on how you look at it, their parents SUV for a joyride last week. Fortunately, after the SUV, driven by the 11-year-old girl, flipped on its side, the girls escaped without suffering any serious injuries. Charleston auto accident attorneys came across this odd incident from an article in the Post and Courier.

According to the article, and Charleston police, the girls took the SUV from their parents home around 3 a.m. last Monday morning, an awfully late time for the young girls to be awake, let alone driving. Not long after leaving the residence, a clerk at a convenience store on Savannah Highway at Savage Road called police reporting that an SUV had struck a gas pump. The said store is a little more than three miles from the children's home.

Continue reading "Young West Ashley Sisters Take SUV On Joyride" »

Last weekend a serious auto accident involving a single vehicle killed a 16-year-old Charleston boy. The boy was a junior at Charleston's First Baptist School, located in historic downtown Charleston. The boy was travelling along Riverland Drive on James Island when the wreck occurred. Authorities say the young man's black 2000 Mercedes Benz overturned near George Griffth Boulevard around 7:30 p.m. last Sunday evening.

Charleston County Coroner said the high schooler died from severe injuries sustained from the accident around 11:30 p.m. that same night. Authorities also noted that the young man was not wearing his seat belt at the time of accident.

These types of incidents are extremely tragic, it is an unfortunate when a young person loses their life in a seemilngly preventable circumstance. Furthermore, the frequency at which fatal car accidents happen among teens is the most frightening aspect for many families, friends, and communities of teen drivers.

According to the Centers for Disease Control and Prevention motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than a third of the deaths in the age group. This next fact from the CDCP is almost unbelieveable, in 2009 eight teens ages 16-19 died every day from injuries sustained in car crashes. However, proper driver training and safe driving practices can help prevent fatal teen car accidents.

Continue reading "Teen Driver Dies After Single-Car Crash on James Island" »

Charleston Child Safety Attorneys would like to again remind the public of the dangers of leaving children or pets in the sweltering summer heat. As temperatures climb into the nineties and have heat indexes in the low to mid hundreds, a child sitting in the oven like temperatures of a car can quickly suffer from hyperthermia, which is a condition that results from the overheating of the body and can lead to death. While instances of children being left in hot cars are relatively frequent, the injury rate is thankfully pretty low. Still, the circumstances whereby these children are left can create a potential hazard for the parents as well as leaving the child in an extremely uncomfortable position

In Goose Creek, a 20-year old woman was charged with leaving her child in an overheated car for more than twenty three minutes while she shopped in a local Walmart. A passerby noticed the sweating and visibly discomforted child when she dropped her keys. The passerby was quoted as saying "I wouldn't even leave my dog in the car in those conditions, much less a child". The passerby responded quickly, taking down license plate information and giving it to Walmart Employees who announced it over the PA system. A crowd had gathered around the car at that time and had decided to open it by squeezing an arm through the window. The child was safely removed and put into an air conditioned car to cool off.

The woman returned a short while later and was identified when she squeezed through the crowd to unlock her vehicle. The police asked her to give a statement, to which she responded that she had run inside the Walmart to fill a prescription and was gone for only 10 minutes. Surveillance footage from the store put the number she was away closer to 23 minutes when it was reviewed. When the woman's possessions were searched, a glass smoking bowl was found. She was arrested and the Child was released to the custody of the mother's parents. The mother was released on bond over the weekend.

In cases like these, forgetfulness or a busy schedule is often blamed for why a person's illogical decision to endanger their child is made. It is important to always be mindful of the surroundings that one chooses to leave their child in.

Source: The Charleston Post and Courier, "Baby found in hot car; mom charged", Andy Paras, August 10th, 2010

On a cold night in late December, a car carrying 4 teens was traveling at high speed down West Shiloh Unity Road in Lancaster, SC. The fatal car crash occurred after the car took a 45 MPH turn at speeds in excess of 119 Miles per hour. The car apparently went airborne, snapping a telephone pole and then came to rest approximately a football fields length away. During the crash, a 15-year old girl was killed after she was ejected from the car, this as a result of her seat belt not being properly fastened. The other two teens in the car were injured and the boy himself suffered severe head and neck injuries and underwent surgery at Carolinas Medical Center. The boy was charged with Reckless Homicide and a violation of Restricted License.

The crash occurred on Dec 29th, 2009 and investigators believe that the driver's inexperience and the high speed of the car were the primary factors involved in the incident. The driver, 16 had a restricted drivers permit. Under SC law, permit holders are only allowed to drive between 6 am and 6pm, carrying a maximum of two minors in the car. In the case of this crash, both of those restrictions were violated by the teen boy. The boy plead guilty to Reckless Homicide and Violation of a Restricted License. He will be evaluated by the Department of Juvenile Justice and then be sentenced. He will lose his Driver's License for a duration of 5 years and will be under house arrest, monitored by an electronic bracelet. After sentencing he could also serve time with the Department of Juvenile Justice until he is 21.

Excessive speed and the inexperience of young drivers are often cited factors in fatal crashes. The National Highway Transportation Safety Administration states that almost 32% of crashes are caused by drivers aged 21 and younger. A Key factor in this case was the apparent ignorance of the boy's parents of his whereabouts the night of the crash. Charleston child injury lawyers want to urge the public to pay special care to their child's behavior and activities when they are just learning to operate a motor vehicles.

Sources: The State, " Lancaster teen pleads guilty in death of girl, 15" Kimberly Dick, The Rock Hill Herald

The National Highway Transportation Safety Administration

Charleston Child Injury Attorneys want to remind the public to watch their children and exercise good sense when leaving children unattended in vehicles as temperatures soar during the hottest months of summer. A 35-year old Charleston Woman was charged with Unlawful Conduct towards a child when she left her infant inside a car parked on King Street while she shopped.

A passerby noticed the infant inside the vehicle and went into a nearby store to find the driver. The temperatures reported that day were 88 degrees with a heat index of 105 degrees at the time. Unable to find the driver, the store clerks alerted the Police and were attempting to get into the car when Charleston Police arrived. The woman returned a short while later and was taken into custody. She claimed that she had picked up the infant earlier in the day and had forgotten that the child was in the car.

Leaving a child or pet in an hot vehicle can induce Hyperthermia, or the overheating of the body. Even left for a couple of minutes can bring on a rapid rise in core temperature than can be fatal for a young child. Parents should be especially vigilant during summer months when the heat and daily tasks can be especially distracting. A study published by the San Fransisco State University put the number of fatalities from being left in an overheated car between 1998-2010 at 465.

South Carolina child death lawyers advise state citizens and locals to demand their representatives to install the Child Death Review board in their local community. A child's death is traumatizing for the family and heartbreaking for the community. Many times these deaths could have been easily prevented. In order to make proactive changes many states and local communities have formed a Child Death Review system that will help pinpoint changes parents, guardians, and members of the community can make to prevent future child fatalities.

In 1978 a multi-agency review of unexplained child deaths began in Los Angeles, California. In 1997 there were multi-disciplinary teams in all 50 states, including the District of Columbia, that investigated children deaths. Typically these teams included a coroner, social services, law enforcement, medical representatives, child protective services, and mental health.

Today some states have expanded their multi-disciplinary teams from the original statewide team. These states have formed the teams that work within a community and then report their findings to the state multi-disciplinary team. The state team serves as a data collection team that reviews information and then suggests new legislation to state representatives and areas for law enforcement to focus on. This system has proven to work best because it is unrealistic for a state team to conduct a thorough investigation of all child deaths throughout the entire state. Local teams vary due to county population size and city population size. Sometimes one team will oversee multiple counties, as well as multiple teams may be needed for large counties.

These teams have been proven to be effective, because they can spend more time conducting a detailed investigation of the death of a child than law enforcement can. These findings are then are reviewed and transformed into precautionary tips that are released to the community. Child fatalities are typically preventable and the team's tips remind locals of easy precautions they can take that can save a child's life. If your community does not have a Child Death Review system currently in action write your local representatives and request them to look into the system.

Source: Injury Prevention Web-AInjury Prevention Policy- "Child Death Review and Injury Prevention."March 23, 2010.