Halifax Personal Injury Lawyer Blog

I saw an article recently where RCMP in Ladysmith British Columbia are reminding parents to teach their children to know when it is appropriate to call 911. The proper understanding in use of 911 is something that every parent needs to know.

However, what struck me as most important about the article is that the RCMP need some better education themselves about what constitutes a potential emergency.

The article describes an incident where a sleeping child woke up after being left alone in a car by his parent. The child was upset and used a cell phone to call 911.

The article gives the impression that the police were of the view that this was not an emergency and not a proper use of the 911 emergency service.

The child's parent has since explained what constitutes a real emergency, said the officer.

I beg to differ. The police spokesperson in this case obviously need some education about the dangers of leaving children alone in cars.

Hundreds of children die every year in non-collision incidents involving cars.

For example, children can be seriously injured or die as a result of hyperthermia (heat stroke), hypothermia (freezing to death), strangulation from electric windows, collisions after being struck by another car, among a host of other potential dangers.

KidsandCars.org has established its first international chapter in Canada to help educate the public about the potential dangers that cars can pose to children.

Kidsandcars.org reminds parents and guardians that children should never be left unattended in a car.

I think the child in this news story should be congratulated rather than chastised. If anyone should be receiving a talking to it is the parent who left their child alone and the police for not realizing how potentially serious this incident could have been.

Starting in January 2012 the Halifax Regional School Board will begin to comply with Provincial regulations requiring children under age nine or smaller than 4’9” and 40 pounds to be secured in a child restraint system while riding on school buses.

According to Doug Hadley, spokesman for the Halifax Regional School Board, HRSB is going to start weighing and measuring students who may fall under the provincial regulations.

The Seat Belt and Child Restraint System Regulations have been in place in Nova Scotia since 2007 and have been implemented in most school boards around the province. However, the Halifax Regional School Board uses a private contractor, Stock Transportation to run their school buses and HRSB has been late to introduce the changes.

Kids and Cars Canada is pleased to see that the Halifax Regional School Board is finally making changes to comply with provincial legislation which will help improve the safety of our children.

Baby Dragged By Car

The Ottawa Citizen reported that a 6 month old boy suffered head injuries after being dragged 12 meters by the family car when it rolled backwards down their driveway after being knocked into gear by his 3 year old sister.

The infant's 14 year old sister was helping her mom get the family ready for a trip. The baby had been buckled into a car seat and the car seat was placed on the driveway beside the family car. The family’s 3 year old daughter was playing in the front seat of the car and managed to knock the car into gear. The car started rolling backwards and dragged the infant in his car seat for almost 12 meters. Media reports list the baby as being in stable but serious condition.

Unattended Children in Cars = Danger

This incident highlights all the many dangers that KidsandCars.org Canada have been trying to prevent. Leaving children unattended in a vehicle, even for a short period of time, can have unintended, and often tragic consequences.

And that’s why I have agreed to chair KidsandCars.org Canada! To help educate the public about the dangers automobiles can pose to our children and to lobby for better safety features in automotive vehicles.

Could it Happen to You?

Do you know if your car has the safety features that will prevent it from shifting into gear by mistake?

Here's how you can check to see if your vehicle can be shifted into gear accidentally. You want to make sure your vehicle has a “brake transmission shift interlock” (BTSI) that works in all shift positions.

6 Simple Steps:

1. Make sure your vehicle is parked on a flat surface;

2. Get in your car and put the emergency brake on;

3. Make sure no one is in front of or behind your vehicle;

4. Put the keys in the ignition in the off position;

5. Turn the key one click forward ;

6. Try to shift your vehicle into gear without putting your foot on the brake.

What Happened?

If your vehicle shifts into gear, then you do not have brake transmission shift interlock in that position. You should be aware that your vehicle can roll if it is accidently shifted into gear.

Try the same test in all key positions. If your vehicle shifts into gear without putting your foot on the brake, then your vehicle does not have BTSI at all!

Most vehicles manufactured today have BTSI in some positions but not all. The old saying goes, “an ounce of prevention is worth a pound of cure”. Simply knowing that your vehicle can accidently roll should make you more aware of the potential dangers to you and your children.

More Information

Formal Agreement Reached on Brake Transmission System Interlock

Automatic transmission cars can kill your child

A pediatric surgeon at the IWK Health Center, Dr. Natalie Yanchar recently completed a study comparing ATV related hospitalizations in the province for three years before Nova Scotia introduced restrictions on children driving ATVs and the three years since the legislation was put into place.

According to Dr. Yanchar’s study, ATV related hospitalizations dropped 38% since the new legislation was put in place and severe ATV related injuries dropped 75%.

In 2005 Nova Scotia enacted legislation requiring mandatory safety training for children. The legislation also prohibits children under the age of 14 from riding ATVs unless they are on closed courses. 14 and 15 year olds are able to ride ATVs while under parental supervision.

However, according to a report by CBC News, the ATV industry claims that the rate of injury has actually increased. The ATV industry claims that the number of ATV users has declined since the legislation was introduced. Therefore, the rate of injury has increased. However, the industry has not presented any statistics to back up their claims.

I have seen firsthand the debilitating injuries caused to young children as a result of ATV accidents. I supported Nova Scotia’s ATV legislation (and still do).

I think Dr. Yanchar’s study confirms what common sense says. The more training and supervision children receive in the use of ATVs the fewer injuries to children.

More Information

ATV's Pose Serious Risks to Children: Premier does a U-Turn

Concerned Familes for ATV Safety

Today I was interviewed as Chair of Kids and Cars Canada. The issue: The dangers of leaving children in hot cars and what can be done to prevent it. Should the conduct be criminalized or will better public education help?

You can listen to the interview and the calers comments by going to 570 News website and clicking on the link to the audio clip of the interview.

Leaving Kids in Hot Cars

The interview runs from 1:43 to 10:50 and the call in discussion runs until 20:55.

So what do you think? If a parent leaves their child in a hot car should they face criminal charges? Should car manufacturers be installing monitor - warning lights to alert drivers that there is someone in the back seat? Is public education the answer?

Please let me know what you think by posting a comment.

Yesterday I was interviewed as Chair of Kidsandcars.org - Canada, about the dangers of leaving children in cars during the hot summer months: A Hot Weekend Reminder for Parents

I have posted before about the dangers posed to children when they are left in cars. See for example: Child Safety: Sunny Days and Kids in Cars

On a sunny 25 degree day the temperature inside a locked car can rise to more than 100 degress in less than 5 minutes.

One of the safety tips that Kidsandcars.org Canada is a recommendation for bystanders:

If you see a child alone in a vehicle, get involved. If they are hot or seem sick, get them out as quickly as possible. Call 911 or your local emergency number immediately.

But sometimes that's easier to say than do. So that's why I wanted to post a link to this news story and to publically congratulate the passerby in British Columbia who decided to "get involved" when he saw a toddler locked inside a car on a hot day.

Passerby alerts police after spotting distressed toddler inside sun-baked SUV

This man didn't have to get involved. In fact, it probably would have been easier for him to carry on with his day. But by calling 911 to rescue this little girl he may have prevented a tragic death.

As part of my volunteer work with Kidsandcars.org - Canada I came across two recent media reports of children being injured due to car roll overs.

Child Hurt in Freak Accident

Father in Lumby Runs Over his Young Son Accidentally

A toddler was injured after being hit by a family vehicle in their driveway. Police say the father unhooked a trailer and pulled the truck forward at the same time the young child walked in front of the truck. The father did not know the child was there.

Worst Nightmare

Stories like these are every parents worst nightmare. But what struck me is the headline of the first story that referred to the incident as a "Freak Accident". But that implies that this type of injury is rare and unforseen.

Unfortunately that isn't the case. Every year, thousands of children are hurt or die because a driver moving forward didn't see them. The majority of these incidents take place, like the incident in Vancouver, in residential driveways or parking lots and are referred to as ‘frontovers.’

A "backover" injury usually takes place when a parent (or other driver) is backing out of a residential driveway or parking lot.

For example, in the U.S. at least fifty children are being backed over by vehicles EVERY week. Forty-eight (48) are treated in hospital emergency rooms and at least two (2) children are fatality injured every WEEK. The predominant age of victims is one year olds. (12‐23 months)
Over 60% of backing up incidents involved a larger size vehicle. Tragically, in over 70% of these incidents, a parent or close relative is behind the wheel.

Unfortunately I have seen for myself the catastrophic injuries that can be caused by inattention and lack of awareness. I represented the family of a toddler who suffered serious injuries after being hit by a car backing out of a parking spot: Boy pinned between cars awarded $1.4M

Kidsandcars.org - Canada

There are no reliable Canadian statistics for these types of incidents in Canada. That's because, until now, no one was paying attention! That's one of the reasons why I have agreed to Chair Kidsandcars.org - Canada . To help educate the public about these dangers and to try to help prevent these types of injuries in the future.

Want More Information?

If you want more information about Kidsandcars.org - Canada or how you can help, you can contact me through this blog or go to the website at kidsandcars.org.

Yesterday was the first sunny day we have had in what seems like months. I actually had to roll the windows down in my car driving home it was so hot.

By coincidence, Kids and Cars sent me a public service announcement yesterday reminding car owners of the dangers of leaving children unattended in cars.

So that's probably why this story Child in car on hot day: What was mom thinking? caught my attention today. Fortunately the child in this story wasn't hurt. But things could easily have turned out differently. Tragically so.

Through May 31 this year 8 children had already died in the United States from heat stroke in vehicles – close to the record-setting pace of 2010 when 49 infants and children died. Unfortunately there are no comparable statistics here in Canada because there is no one tracking this sort of vital information.

“It’s a record no one wants to see broken,” says Janette Fennell, founder and president of KidsAndCars.org, a nonprofit child safety organization working to prevent injuries and deaths of children in and around motor vehicles.

Heat More Dangerous to Children

A child’s body temperature climbs three to five times faster than an adult’s, especially in a hot car. In less than 30 minutes, the temperature inside a car can increase 35 degrees. An infant can die in as little as 15 minutes even on a pleasant 20 - degree day.

To prevent heat stroke deaths, Kids And Cars.org recommends learning the following mnemonic to help prevent heat stroke deaths: Be Safe

Back seat – Put something in the back seat so you have to open the door when leaving the vehicle – cell phone, employee badge, handbag, etc.

Every child should be correctly restrained in the back seat.

Stuffed animal – Move it from the car seat to the front seat to remind you when your baby is in the back seat.

Ask your child-care provider to call you within 10 minutes if your child hasn’t arrived on time.

Focus on driving – Avoid cell phone calls and texting while driving.

Every time you park your vehicle open the back door to make sure no one has been left behind.

I have met Janette and she is a passionate advocate for child safety. In fact, I was so impressed with the work, she and her organization have done that Arnold Pizzo McKiggan has partnered with Kids and Cars to create Kids and Cars Canada. If you would like more information, or want to know how you can help, feel free to contact us.

The Department of Transportation has announced plans to introduce legislation this fall to reduce speed limits in school zones from 50 km/h to 30 km/h.

The goal of the new limits is to protect students and make roads safer.

Bill Estabrooks, Minister of Transportation and Infrastructure Renewal stated:

"As a former teacher and principal, I know first hand that road safety is not always at the top of a student's mind...This reduction in speed could give a driver the extra split second needed to save a life."

Alberta, British Columbia, and New Brunswick already have a 30 km/h limit in school zones as do many U.S. states.

Three years ago I posted Slow Down and Save a Childs Life! where I called for a reduction in the speed limit in school zones. As a personal injury lawyer I have represented many injured children who have suffered serious injuries as a result of car - pedestrian accidents. I congratulate the government on this move to help improve child safety in our province.

"Speed matters," said Pamela Fuselli, executive director at Safe Kids Canada. "It's estimated that a pedestrian struck by a car travelling at 50 kilometres an hour is eight times more likely to be killed than someone hit at 30 kilometres an hour."

A press relase from the Department of Transportation indicates the legislation is expected to be ready this fall.