kids

Halloween Tips Parents Should Know To Keep Their Kids Safe

I spent the vast majority of this weekend watching my kids have the time of their lives running and crawling around in their Halloween costumes.  Yesterday we attended Westmoreland's annual Monster March, and noticed the number of kids that were out this weekend compared with last year.  We are slated for great trick or treating weather which will mean there will be more and more kids trick or treating.  We are all excited to see the kids trick-or-treating, but we also have to remember that Halloween can be a dangerous time of year. 

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Halloween is an extraordinarily dangerous time: DUII Drivers are all over the road, mischievous teenage drivers are on the roads, and drivers are distracted by the folks walking around in costume.  Mobs of Children are everywhere and are not paying attention to their surroundings. The totality of these circumstances combines to make for a very dangerous situation.  Many people are aware of the obvious dangers of Halloween, but there are some hidden dangers that parents should be aware of.

Visibility:  It is common sense that a child dressed as a Ninja or in Camouflage will be difficult to see.  However, every year I see a child dressed in all black without any reflective strips or lights to increase their visibility.  This creates the obvious risk of a car injuring your child.  It is best to ensure your child is visible by giving them something that glows or lights up to help motorist see them.  At a minimum put reflective tape around their ankles and wrist where it is visible to others.  Additionally, it is well known that the child should be able to see out of the mask they are wearing, but mask wearing parents need to also remember this.  Limiting your visibility can hinder your ability to keep an eye on your little ones as they run from house to house. 

Tripping:  Kids and parents often find themselves standing on unfamiliar porches littered with small pumpkins and other Halloween decorations.  It is important that you pay attention to these tripping hazards, so you and your child can avoid being injured by a fall caused by tripping over these objects.  Also, sidewalks covered with leaves can cause a person to fall and be injured.  Slow down and watch your step when walking on dark leaf covered sidewalks, and let your kids know they should slow down and watch their step. 

The Street:  The Street is an obvious danger to most, but many people live on quiet streets that do not have a lot of traffic.  Children become complacent and often play in the street or run across the street without being cognizant of the dangers involved. A recent tragic example illustrates the dangers of playing near the street. Two children were seriously injured and killed after being struck by a car as they were playing in leaves piled up in the street adjacent to the sidewalk in front of their house.  The Driver for some reason veered into the leaves, ran over the children, and fled the scene.  These unthinkable tragedies happen and the only way to prevent them is to do your best to keep the kids out of the street and ensure they are aware that they absolutely cannot be in the street on Halloween night. 

Stay Close to Your Little Ones:  My son finally understands the dangers cars pose.  However, sometimes he gets distracted and caught up in the moment, so it is up to me to look out for his safety.  Parents are always doing their best to look out for their children, but sometimes they may let their little ones get too far from them to react to a dangerous situation.  This is very true when people are in their own neighborhood because people often become complacent in their neighborhood. On Halloween, it is always a good idea to keep your little ones extremely close and walk all the way to the door with them.  Keep your body between them and the street, so if they do dart out into the street you are in a position to prevent them from going into the street. 

Halloween should be a fun time for all, and you should not have to spend the night in the hospital worrying about your little one’s injuries and the tens of thousands of dollars in medical bills. Being aware of the dangers can help you prevent yourself and your little ones from being injured by the negligence of another.  I wish you all a safe and Happy Halloween!

If you believe you were injured by the negligence of another call Oregon personal injury lawyers Ross Law LLC and Jeremiah Ross at 503.224.1658 for your free personal injury case evaluation.  Please remember this post is for informational purposes only and does not constitute legal advice.  Also, please remember that this post does not create an Attorney-client relationship.  

What You Need To Know Before Putting Your Kid on a Bike

The other day I was loading my son into his bicycle seat when he said in his demanding toddler voice, "I need my helmet."   I was a proud dad at that point, because I realized that all of the nagging and fussing over him wearing the helmet is a thing of the past (for now at least).  Helmets are only one issue when taking kids on bikes and Parents should be familiar with the various issues that effect the tiny people on bikes.  Below are some of the issues I think every parent should know before putting their kid on a bicycle.

1) Helmets are Required for kids riding a bike:  I represented a five year old that was hit by a car as the tiny little guy was crossing the street.  He was dragged roughly 15 feet underneath the car, but miraculously his injures were limited to a broken arm and an severely injured knee. The little guy's helmet was obliterated, but doctors confirmed he did not have a head injury.  The helmet had most likely saved this little guy's life.  We all know they are a good idea, but it is also Oregon Law that kids under the age of 16 must wear a helmet when riding a bicycle. Specifically, ORS 814.485 requires kids to wear a helmet when riding a bike.  If the child does not wear a helmet then they can be fined.  

2)  Helmets are Required if the Kid is Riding as a Passenger on a Bike:  I use both a bike seat and a trailer to transport my little guy.  Either way my son is required to wear a helmet while he is a passenger on a bike.  ORS 814.486 requires passengers on bicycles who are under the age of 16 to wear a helmet. The parent can be fined if they violate this law.  The parent can also be fined for violating the law that mandates a child under the age of 16 must have a helmet while on a bicycle.  This can result in two fines.

3) There is Only a Limited Exemption That Allows Kids to Ride Without a Helmet:  The law exempts kids from wearing helmets if wearing a helmet would interfere with the child's religious beliefs. ORS 814.487.  

4) If Your Kid Was Injured and Wasn't Wearing a Helmet, an Insurance Company Should NOT use That To Reduce The Amount of Compensation Your Child Receives:  Although it is the law that a kid under 16 must wear a helmet, the law is forgiving in the fact that it prevents the jury from learning the kid wasn't wearing a helmet in a Jury Trial or Arbitration.  ORS 814.489    This prevents the insurance company from blaming the injured child or the child's parents for not wearing a helmet.  An understanding of this law is key in obtaining maximum compensation for a child who was injured while riding a bicycle.

5) There Is Not An Minimum Age to Ride As a Passenger on a Bicycle: When my son was a tiny little guy I was eager to get him on the back of the bike.   I tirelessly researched the minimum age required for a little person to ride as a passenger on the bike.  Not surprisingly, there is not a law in Oregon mandating a minimum age for a kid to ride as a passenger on a bike.  Our pediatrician was also unaware of any hard and fast rules regarding the age of a kid to ride a bicycle.  There is a dearth of information on the issue. However, she suggested that at a minimum a baby should be able to comfortably hold their head up for a long period of time.  This is important because the tiny person's head gets jarred around on the bike.  They need the strength to protect their neck and brain from the little trauma that occurs while going over a bumpy road.  Also, their brains are not completely developed and the constant jarring can effect brain development.  Wearing a helmet can complicate things because they can tweak the spine and push the head forward in an unnatural position.   The linked article has a more thorough explanation regarding the various health issues that may arise while riding with small kids on bikes.   In the end my son was a little over a year when he started riding with us. 

If you have any more questions or concerns about Oregon's bicycle helmet laws please call me at 503.224.1658.  Also, if you or someone you know are injured by another while riding a bicycle, please call Ross Law LLC at 503.224.1658. PLEASE REMEMBER this post does not constitute legal advice.  Do not solely rely on this post.  Also, the contents of this post is based on my own personal experience, and please rely on medical professionals to advise you of the best time to put your kiddo on a bicycle.   Lastly, this post, this web-site, and this blog may be considered attorney advertisement.