Protecting Our Children through Vigilance and Awareness

I catch myself smiling when I see school-aged children with their backpacks, books, uniforms going to and from school (even while facing the threat of the Coronavirus). Perhaps it reminds me of my childhood days and the joyful innocence of children. Today, many kids like adults will wear masks to guard against COVID-19 and all other viruses. However, we must also be concerned about their safety when catching the bus, Tri-Rail train, walking or bicycling to school.

Collisions between cars rushing to work and children to school can often result in devastating injuries. Car drivers try to shift the blame to the child. We hear all manner of excuses saying the child was wearing dark clothing, or he or she did not cross at the crosswalk or did not lookout for cars attempting to drive around a stopped bus. Although the Palm Beach Metropolitan Planning Organization has published the Pedestrian and Bicycle Safety Study,  I have seen first-hand, the gravity of the damages to the family resulting from a child being hit.

While both parties must be alert, it is the duty of driver of the motor vehicle to be ever vigilant and focused. I sadly recall representing the family of KL for the death of their brilliant and beautiful daughter while walking across a busy road to catch the school bus. KL was struck by a car that did not fully stop at the intersection of Haverhill Road and Okeechobee Blvd.  The impact was with such force that her small body was tossed in the air and dismembered; her death was instant.  Words that we tend to use for comfort and condolences seem insufficient. Prayer and justice through legal representation were the only recourse.

Children can also be significantly injured while at play by other children. Adult supervision and ground padding is insufficient for safety.  Some people may think, “Kids will be kids.  Shake it off. It’s not that bad…kids get hurt and bounce back.” But that is not always true. Not all injuries are bounce-backable (new word). But the thing is, many injuries are preventable.

When a child is hurt, parents or guardians suffer tremendous financial and emotional damages trying to stay afloat financially and mentally. Navigating the options when the child requires surgeries and must stay home from school can be tough. Often a parent’s anxiety increases 100-fold while facing the decision to either lose their job or find a trustworthy, affordable sitter or to stay home, all the while receiving mounds of hospital and medical bills and expending money they did not anticipate. These expenses can include hotel room stays (when hospital room chair is not permitted particularly with COVID), utility, medications, medical supplies, plus on-going day-to-day family responsibilities. When parents, like my client Jessica, are faced with what initially seemed to be merely “child’s play” the weight of the financial loss, health devastation and emotional ramifications are quickly realized.

Being mindful and vigilant is paramount. When injuries to a child occurs, it may NOT just go away. If an accident does occur, the child should be checked out by a doctor and monitored for unusual movements, moods, actions, and inactions. Remember that you and your loved ones are never alone. Call us so we can investigate, obtain witness statements, and preserve evidence needed to prove the case.

TIPS for Parents:

1. Mask-up. We still have to do our part and protect our children.
2. Place reflective striping on shoes and book bags.
3. A miniature flashlight may be useful especially when the time changes and it get dark early
4. Determine the best route and best times to walk or ride. http://www.saferoutesinfo.org/
5. Advise kids not to walk and text or use earbuds while crossing streets.
6. Use designated crosswalk and make sure to have eye contact with drivers before crossing.
7. Ensure the school has parents contact numbers and ask that if the child does not attend school the parent is notified.
8. Call Attorney Salesia Smith-Gordon at 561.655.9279 or email to InquiryAndCommends@SmitihGordonLaw.com if you have any questions.