It's National Child Passenger Safety Week!

Child injury and death from car collisions are unfortunately all too common, but the Michigan Office of Highway Safety Planning (OHSP) is part of a campaign to help raise awareness as to how parents can help reduce the risk of injury or death to their kids while traveling in the car. The week of September 17th through the 23rd is National Child Passenger Safety Week, and aims to shed light on the importance of using proper restraints for kids when traveling in a vehicle. 

According to the U.S. Department of Transportation, automobile accidents are the leading cause of unintentional deaths for children ages 1-13. The National Security Council reports that in 2015 alone, 1,346 children under the age of 15 were killed in motor vehicle accidents, which is an average of more than 3 kids per day. While these statistics are scary, luckily, there are ways parents can help to reduce the likelihood of their child being injured or killed in a car crash. The simplest way to avoid child car accident injuries is by using the proper restraints. In 2012 alone, the lives of 284 kids, ages 5 and under, were saved due to restraint use, according to Safe Kids. Using car seats, seat belts, and booster seats can reduce the risk of injury or death by up to 50%. Safe Kids also gives the following tips on to how to keep young passengers safe while traveling.

Child Car Seat Safety Tips

  • The back seat is the best. It is the safest place to ride for all children under the age of 13. Not all cars allow for a car seat in every place that has a seat belt. Check your car owner manual to see where you can put a car seat.
  • Be wary of toys in the car. Choose toys that are soft and will not hurt your child in a crash. Secure any loose objects in the car.
  • Wear your seat belt. We know that when adults wear seat belts, kids wear seat belts. So be a good example and buckle up for every ride. Be sure everyone in the vehicle buckles up, too.
  • Never leave your child alone in a car, even for a minute.

Safe Kids recommends that children need to be riding in some sort of restrained device until the age of 13. According to the OHSP, children who are under the height of 4 feet and 9 inches cannot fit comfortably in a seat belt, making them more likely to tuck it behind their back or under their arm, thereby reducing its effectiveness. Seat belts are designed to fit across the hips and shoulders, which are the strongest part of the body. Booster seats lift up smaller children to allow the seat belt to fit properly. According to the OHSP, less than half of children aged 4-7 in the state of Michigan are using booster seats. As kids get older, the use of restraints goes down, even though booster seats are cheaper and easier to use than car seats. Older children are at risk too, as kids over the age of 14 are more likely to not use a seat belt at all. 

Michael L. Prince, director of the Michigan branch of the OHSP, says that the goal is not to scare parents, but to make them aware of the risks that come with not restraining child passengers properly. They also want to provide encouragement by reinforcing how useful car seats and booster seats are when it comes to reducing the number of child injuries and deaths from car accidents. Prince also said that the timing of the campaign is intentional. With school starting, kids are being driven back and forth not only to school, but to sports practices and other activities. The OHSP wants to make sure that parents are ensuring their kids are safe during travel times.

While no parent can guarantee that their child won’t be involved in an automobile accident, they can guarantee that their child is properly restrained. For younger children, it's as simple as making sure they are using car seats and booster seats until they are big enough for seat belts to fit properly. For older children, it's important for parents to set a good example and make sure they are wearing their seat belt so that even when they are not travelling with you, teenagers will remember to wear one. In making child car safety a priority, parents are responsibly helping keep their children as safe as possible in the event of a motor vehicle accident.

Using the proper restraints can reduce the risk of death or injury to children, in the event of a car accident. If you or a loved one have been injured in an automobile accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation. Our attorneys are experienced in handling all types of automobile accident cases, especially those involving children. Our car accident lawyers understand that while car crashes can be confusing enough for adults, they can especially take a toll on children. 

2017 Has Record Number of Hot Car Child Deaths

In June, The Michigan Law Firm, PLLC blog wrote about a newborn child who was abandoned in an unknown car during an extremely hot summer day. While this Grand Rapids, Michigan baby was thankfully uninjured, issues relating to children being left alone in cars are only becoming more urgent as 2017 has seen more hot car deaths than any year before.

As reported by CNN, the end of July 2017 marks the highest number of hot car deaths ever recorded from the beginning of the year to the end of July. As of July 31st, 29 children died of heatstroke and other heat related problems after being left alone, trapped inside a sweltering hot car. The previous record was held in 2010 after 28 children died from heatstroke before August 1st. Ultimately, 48 children died in hot car incidents in 2010.

In 2001, Jan Null, a certified consulting meteorologist for the past 40 years with the Department of Meteorology & Climate Science at San Jose State University, began recording hot car deaths. Null conducted an experiment when he first began researching temperature levels of parked cars that are left to absorb heat on warm days. He placed a thermometer outside of the car that measured the natural outside temperature, and then placed one inside a car that had air conditioning on, but had just been parked and locked. The results were surprising.

In the first ten minutes, Null found that the temperature can rise 19°F (Fahrenheit) in a sitting parked car. When conducting the experiment at 70°F outside, he stated that the temperature inside the car rose to 89°F after ten minutes. Similarly, when he conducted the experiment starting with 90°F temperature, the car’s temperature rose to 109°F in just ten minutes. When commenting on his experiment, Null stated, "you get to these very high temperatures very rapidly. How hot it got was one surprise, but how fast it got to a deadly temperature was even more unexpected.” Null further explains that among medical professionals, 104°F is generally accepted as heat stroke range, and 107°F can prove fatal to the human body. According to Null, the temperature inside a parked car on an 80°F day can rise to 109°F just after 20 minutes! 

So, why is this increase in car temperature on a hot day important for child safety? Well, CNN also noted that “according to the Mayo Clinic, kids are far more susceptible to falling victim to summer heat because their bodies are not fully developed, thus rendering them less able to cope with extremely hot temperatures. Children's body temperatures rise five times faster than that of an adult’s. The danger of a rising temperature is that it can cause heatstroke. Heatstroke can result in permanent brain, heart or kidney damage, and even death. The temperature of the body rises because when a person is dehydrated, they lose their ability to sweat. That is, they lose their ability to rid their body of heat and cool themselves down, which results in the rapid increase of one’s body temperature.”

According to Jan Null, an average of 37 children die each year due to hot car related incidents. Since 1998, he states that 729 children have died of heatstroke after being trapped inside of cars. 

In response to these issues, legislation has just recently been passed to help prevent wrongful deaths of children who are left alone in hot cars. On July 31, 2017 U.S. Senators Richard Blumenthal (D-CT) and Al Franken (D-MN) introduced the Helping Overcome Trauma for Children Alone in Rear Seats Act (HOT CARS Act 2017). According to Kids and Cars.org, the U.S. Department of Transportation requires in this legislation, that in the next two years, all new vehicles must be equipped with visual and audio technology that notifies drivers to check their backseat for children before they exit their car. The Act also requires research into the implementation of these reminder systems into older cars as well. 

General Motors has already implemented technology in their cars to to remind parents to check their back seats for children. The Rear Seat Reminder is a feature that detects rear door usage rather than any objects on the seat. The feature is designed to just remind drivers to check their back seats, regardless of what might be there. 

Jan Null believes the HOT CARS Act and new safety features implemented in cars will help deter heat illness-related deaths of children, however, he warns that they will not protect all children. Null explains that the Act fails to address two other causes of hot car deaths: children gaining access to vehicles by themselves and then being unable to exit the car, and parents just making the very poor choice of leaving their children alone in a car for a period of time. He believes making sure cars are always locked, teaching children that cars are not an area for play, and making sure car keys are always out of reach of children, will help deter hot car incidents as well. 

Children should never be left alone in cars, regardless of the circumstance and period of time in which they will be alone. Stories of children dying from being left alone in hot cars are both tragic and sickening. That fact that Americans broke the record for most recorded hot car deaths to children in the first seven months of this year, should be cause for grave concern. However, it is reassuring to know that more is being done to address this issue such as the introduction of the HOT CAR Act of 2017 and designing of car safety features to remind drivers to check their back seat for children before exiting their vehicle. The bottom line is that children are too young to cope with intense weather conditions, and must always be supervised and should never be left alone in a hot car.

Stay Safe At The Summer Drive-In Theater

Summer is in full swing, and with kids everywhere out of school, parents are looking for ways to keep their children busy. While the pool, park, and zoo are excellent options for a fun day out, many Michigan families are spending summer evenings at the drive-in movie theater. A drive-in typically takes place in a large parking lot, where vehicles can pay to park and watch movies on theater-size big screens, as they sit comfortably in their cars and listen to the sound on the radio. Some drive-ins even have concession stands where people can buy snacks and drinks. The drive-in movie theater is an entertaining way for parents to use their cars for something other than driving, while making the kids happy, too.

The drive-in movie theater is not a new concept. In fact, they weren’t even called drive-ins originally, but a “park-in” because of the parking lot movie theater setting. In the summer of 1933, motorists parked their cars on the grounds of Park-In Theaters in Camden, New Jersey, the site of the first ever drive-in movie theater. As the idea caught on, more drive-ins popped up all across the country. According to HISTORY.com, one of the largest drive-ins featured parking space for 2,500 cars, a kid’s playground, and a full service restaurant, spread out across 28 acres. If only extravagant drive-ins like that existed today, parents would never have to worry about their children being bored!

Today, however, there are less than 350 drive-in theater locations across the country. Luckily for Michigan residents, the United Drive-In Theatre Owners Association (UDITOA) says our state is home to 8 different theaters with 18 total movie screens. Metro Detroit is home to two drive-ins: the USA Hockey Arena Summer Drive-In located just off M-14 in Plymouth, and the Ford Drive-In in Dearborn. Movies begin at dusk, and films change weekly, showing everything from Disney cartoons to the latest action blockbuster. 

However, just because vehicles are parked at the drive-in, does not mean they aren’t still dangerous. Children often run around and play in the parking lots at a drive-in as they wait for the movie to start, putting them at risk for a severe injury or fatality from a moving vehicle nearby. The National Highway Traffic Safety Association (NHTSA) recommends summer motor vehicle safety tips, including tips for kids.

Motorist and Child Safety Tips for Drive-In Theaters

  1. When backing out of a parking space at the drive-in, walk around your vehicle first to look for children running and playing. Children playing are often oblivious to cars around them.
  2. When using a backup camera, it is important to remember that kids might be out of view, but may still be in the path of a vehicle. Additionally, all vehicles have blind spots that increase in size as the height and size of the car increases.
  3. There are lots of people and vehicles moving around upon entrance and exit to the drive-in, so drivers must pay attention to their surroundings and parents must watch out for their children so as to prevent a motor vehicle from backing or running into a pedestrian.

Summer drive-ins transform everyday vehicles from modes of transportation to a relaxing place to kick back and catch the latest movie. The rare and old-school format of drive-ins make them fun for families of all ages. Still, warm weather calls for summer safety tips, and safety at the drive-in is just as important as on the roads. Anytime a motor vehicle is involved is an opportunity to practice automobile accident prevention safety, and the drive-in movie theater is no exception. 

Summer is a great time to enjoy the warm weather at a local drive-in movie theater. Children playing at the drive-in should watch for moving vehicles and drivers must be aware of their surroundings, in order to prevent an injury or fatality from a car crash. If you or someone you know has been involved in a motor vehicle accident, contact The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation. 

Are Rear-Facing Car Seats Safe for Infants?

On May 16th, 2017, a vehicle was rear-ended on East Stewart Avenue in Flint, Michigan. As reported by MLive, in the vehicle was an 8 month year old infant, who sadly died after suffering critical injuries in the accident. Micah Kent, the young infant, was reportedly in critical condition and was rushed to the Hurley Medical Center, however, the injuries he sustained proved fatal. The vehicle carrying the baby was a 1997 Mercury Sable, and it had been hit from behind by a man driving a 2002 Saturn SL2. Police have reported that they believe the driver was under the influence of drugs and alcohol during the crash. It was not stated how the baby was riding in the vehicle or if a car seat was used.

Stories like this are heartbreaking. Infants are highly susceptible to injuries from car crashes because their spines are still developing and their heads are still large relative to their bodies. A baby’s neck and spine are not strong enough to sustain the force of a car accident without the proper protection of a car seat. Child car safety experts tell parents to always make sure a car seat is rear-facing for infants under the age of two. That is, the car seat is facing the backside of the vehicle.

The Issue With Rear-Facing Car Seats

Child car safety experts tell parents to face car seats toward the back of the vehicle because an impact to the front of the car is the most common type of car crash in America. Per The Washington Post, of the infants under the age of one killed in collisions between 2005 and 2009, one third were involved in frontal or offset crashes while only 15% were killed in rear-end crashes. Facing a car seat to the back of the vehicle can keep the baby’s neck and spine straight while the car seat eliminates whiplash from the crash.

Again however, this safety measure is intended to protect babies from crashes to the front of the vehicle. As evidenced from the tragic story above, babies can face severe risks from rear-end collisions as well. The issue is that car seat manufacturers tend to read statistics like the ones given by The Washington Post and focus on creating safety measures for frontal crashes because they are the most common. As a result, they overlook the risks associated with infants in rear-end collisions. 

The Washington Post also outlined an experiment and study published by the Journal of Traffic Injury Prevention. The experiment depicted the impact of a rear-end collision with a car moving 30 mph carrying an infant-sized dummy sitting in a rear-facing car seat. The experiment showed the car seat lurching toward the back of the car and the dummy’s head colliding hard with the back seat. The car seat researchers who conducted the experiment recognized that a car colliding with another vehicle in reverse at 30 mph is unlikely, but they were nonetheless surprised by the force of impact absorbed by the infant dummy’s head. The child car safety experts, however, were more concerned that their findings would scare parents into thinking rear-facing car seats were not the safest option. They made sure to specify that babies should remain in rear-facing style. The experts intentions for the study were not to show that babies are unsafe facing the back of vehicles, but rather that rear-facing car seats could be made safer.

No Car Seat is Crash Proof, But Rear-Facing Car Seats Are The Best Option

Rear-facing car seats, as opposed to forward-facing, are the best option for infants up to the age of two. As stated above, frontal or offset crashes are the most common type of crash. Rear-facing car seats have been designed to mitigate the force of these frontal crashes and stop any whiplash from occurring. Additionally, the most common type of rear-end crash occurs when the car is moving between 5-10 mph. Although whiplash can still be felt at these speeds, it is more important to focus on reducing the impact of frontal crash that could occur at 30 mph or faster. It is even mandated in three states that infants are remain rear-facing until they reach the age of two. 12 states require babies to sit in rear-facing seats until they are at least one. To ensure an infants rear-facing seat is as safe as possible, parents should secure the car seat through their vehicle's seat belt or L.A.T.C.H. system. Generally, a car seat is secure if it cannot be moved more than one inch in all directions.

Below are more car safety tips provided by the Children’s Hospital of Philadelphia. 

Car Safety Tips for Infants

  • Your child should be in a rear-facing car seat until the age of two.
  • Always put your infant’s rear-facing car seat in the back seat of a car. A baby sitting in the front passenger seat of a car could be fatally injured by the blunt force of an air bag.
  • Always have snug safety harnesses at or below your baby’s shoulders. Make sure there is no room to pinch a fold in the harnesses.
  • Never place a blanket between your child and the harnesses, and do not dress your baby in bulky clothing that could lessen the snugness of the safety straps. Instead, place a blanket over the harnesses and child. 
  • Lastly, remember that your child has outgrown his or her’s rear-facing seat if his or her head is touching the top of the car seat. There should be at least one inch between the top of their head and the top of the car seat.

So, the question remains: are rear-facing car seats safe for Infants. The easiest answer is that they are the better of two evils. The rear-facing car seat is the best option for children under two years of age. However, they do not completely ensure an infant's safety, especially from rear-end accidents, but they are safer against the more common frontal car accidents. Hopefully however, the focus for the future of child car safety is not on deciding which type of crash deserves the most attention, but rather, how to make a car seat that can be safe in all car accident types. 

The Michigan Law Firm, PLLC is a Birmingham, Michigan personal injury firm. Our firm handles personal injury lawsuits throughout the state. Call 844.464.3476 today to speak to an experienced injury attorney today. We offer free consultations and honest and fair legal representation.

Newborn Baby Abandoned In Unknown Car

A visitor to Mercy Health St. Mary’s Hospital in Grand Rapids, MI discovered a newborn baby abandoned in a car in the hospital parking lot, on the morning of June 12, 2017 and alerted police. The baby was not found in its parents' car but in an unknown man's vehicle. Officials are currently working to get to the bottom of the case. It has been reported that the baby’s 24-year-old mother is currently cooperating with investigators. However, it is still unclear whether or not the baby’s mother knows the man in whose car the baby was found.

Luckily, the baby, who appears to have been born within the last week, is in good health. However, the baby's abandonment is even more alarming because of the recent hot Summer weather in Michigan. Temperatures outside on Monday, June 12th reached the mid-90s, turning the inside of vehicles into ovens. It is of course, never safe to leave children or pets inside hot cars. The National Highway Traffic Safety Administration (NHTSA) reported that from 1998-2016, 700 children died from heatstroke in vehicles. 54% of these deaths were due to the child being forgotten in a car by a caregiver. While a few minutes in a hot car might sound harmless, in just ten minutes, a car can heat up to 20 degrees higher than the outside temperature, which can be enough to kill children who are left in vehicles. Additionally, children are often too young to alert others for help if they are trapped in an abandoned car.

Source: Kars4Kids.org

It is therefore important to “check for baby” before leaving the car, to ensure child hot car safety. Making it a habit to check the backseat before leaving the car can prevent children from being left behind on hot days. The non-profit organization Kars4Kids wants to help bring awareness to this important subject. They have developed an app to help forgetful parents remember that there is someone alive and breathing in the back of their vehicle, among the mountains of groceries.

They have created an app, called Kars4Kids Safety, which is designed to set off an alarm every time a phone that has the app leaves a vehicle. It does this by connecting to a car's Bluetooth technology to track when a user goes in and out of a vehicle. A customizable ringtone and option to add your child's photo make remembering to double check one's car as easy as posting on Facebook about your baby's first trip to the pool. Considering that even with windows rolled two inches down, a car can overheat at mercury-defying rates, Kars4Kids is helping fight for child car safety.  

Not only is it important to make sure children aren't left in cars, but it is equally important to not allow them to break into a vehicle when adult attention is turned away. Cars may look like giant playgrounds to small children, but in reality they are powerful, dangerous machines that should only be used for driving and not for hide and seek. By locking the car when it is not in use and by keeping keys out of reach of children, children can be stopped from being able to get into a vehicle and potentially trapping themselves inside.  

While most parents and caretakers unintentionally leave children and pets in cars because they were distracted and forgot about the quiet dog or sleeping baby in the back, others think it's ok to leave a child in a car because they'll be right back in just one minute. While these actions are dangerous to the child, they are not done with ill intent. The Grand Rapids baby on the other hand was presumably, intentionally, abandoned in a hot car in a hospital parking lot. It's a shame that this is how the mother decided to leave her child when, according to CBS Detroit, the State of Michigan allows people to surrender their newborn babies to hospitals and other emergency care providers, without having to worry about criminal charges. In fact, the mother could have left the baby safely with a health care professional in the hospital itself, where she presumably gave birth, and not outside in a hot car. No matter what, there is no excuse for leaving a child to die alone in a hot vehicle. 

Driving with children always requires extra precautions, particularly in the Summer when scorching hot temperatures make vehicles burn to the touch. With the rescue and shelter resources available around the State of Michigan, there is no reason a child should be left behind. On June 12, a stranger saved a newborn baby's life. Next time, someone might not be there until it is too late.

Children should never be left in car on sweltering hot Summer days, for their own safety. If you so someone you know is in need of legal assistance relating to an incident of child car safety, contact The Michigan Law Firm, PLLC at 844.4MI.Firm for a free consultation.