Unrestrained Child Fatality

A drunk 30-year-old mother, an SUV, two children one 5-years old the other one 9-months old, neither one in child safety seats as required by law, and you have the makings of a tragedy. I hope whatever it was that distracted her and caused her to lose control and leave the roadway was worth it because the baby was killed and the other child was injured.

To top it off, instead of immediately calling emergency services and maybe saving the life of her baby, this woman called family members who came and towed the vehicle to their home with the children. The mother has been charged with murder, DUI, and failing to have insurance. The two family members were charged with evidence tampering.

Now, I don’t know this woman, and I’m sure she has her devils but I truly hope that when she gets out of jail that she be forever prohibited from driving a motor vehicle.

Young children restrained in child safety seats have an 80 percent lower risk of fatal injury than those who are unrestrained. Child safety seats reduce fatal injury by 71 percent for infants (less than 1 year old) and by 54 percent for toddlers (1 to 4 years old) in passenger cars. Young children restrained in child safety seats have an 80 percent lower risk of fatal injury than those who are unrestrained. These are incredible numbers and they all depend upon the parents and caregivers installing them correctly.

This baby was depending on her mother to protect her and to keep her safe and her mother failed to do her job. If you are driving and witness a parent driving without having their child properly restrained it is your duty to notify the authorities. Call 911 is you are in an urban area and *847 in a rural area. Make the call and save a child’s life.

If you or a loved one is injured or killed in a Tennessee highway automobile accident contact the experienced Nashville automobile accident law firm of Phillip Miller & Associates and take advantage of a free consultation to determine your rights and remedies

Protect Your Babies

For those who have read my blogs in the past, you know that I often write about people who should be taken off the roads for a good long time. I usually save my rants against these chosen few drivers who really go way out of bounds, and I’m hear to tell you that I have identified a new candidate for the 2009 title.

According to an article on the website of Knoxville TV station WBIR, Margaret Atamanchuk, 22, of Knoxville, may have been drunk and texting when she ran her car into a West Knoxville flower shop. The thing that elevates Ms. Atamanchuk into contention for the worst driver of 2009 was the fact that she had her 21 day old baby in the car with her and the child was not protected in a  child restraint safety seat. According to the article she is being charged with DUI, Careless Driving, Child Restraint Violation, driving left of center and hopefully texting while driving.

In 2008, there were 61 million children age 14 and younger in the United States. This age group made up 20 percent of the total U.S. resident population in 2008. Motor vehicle crashes are the leading cause of death for ages birth to 14. In 2008, there were a total of 37,261 traffic fatalities in the United States. The 14-and-younger age group accounted for 4 percent (1,347) of those traffic fatalities. This age group accounted for 3 percent (968) of all vehicle occupant fatalities, 8 percent (193,000) of all the people injured in motor vehicle crashes, and 8 percent (168,000)of all the vehicle occupants injured in crashes.

Child Safety Restraint Rules

Tennessee was the first state in the country to pass a Child Passenger Protection Law requiring children to be restrained in child safety seats (car seats and booster seats).

A. A child under one year old, or any child weighing less than 20 pounds, must be in a child passenger restraint system (car seat) that is facing the rear of the car.

B. Children who are one through three years old, and who weigh more than 20 pounds, must be in a child passenger restraint system that is facing forward.

C. Children who are four through eight years old and whose height is under four feet, nine inches, must be in a belt positioning booster seat system (child booster car seat) and wearing a seatbelt.  These seats should be in the rear seat of the car, if possible. All child passenger restraint systems (car seats and booster seats) referenced above must meet federal motor vehicle safety standards and be used consistently with the manufacturer’s and the vehicle’s instructions.

D. Children are further protected by the law, which makes the driver responsible for their protection up to the age of sixteen (16). If children under age 16 are not properly restrained, the driver may be charged and fined $50.00 for violation of the law. If the child’s parent or legal guardian is present in the car but not driving, then the parent or legal guardian is responsible for making sure that the child is properly transported and may be fined for non-compliance. If the violation is one relating to not using a car seat or booster seat for children under nine years old or whose height is less than four feet, nine inches, the punishment is greater.  The driver can be charged with a Class D misdemeanor, required to attend a class on the safely transporting children and required to pay possible fees and fines.

E. Provision is made for the transportation of children in medically prescribed modified child restraints.  A copy of a doctor’s prescription should be carried in the vehicle utilizing the modified child restraint device (CRD) at all times.

If you or a loved is injured or killed in a Nashville automobile accident by one of these kinds of drivers you owe it to yourself to contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to determine your rights and remedies