Think about it.  Mechanical devices are not foolproof and, I don’t know about you, but I sure wouldn’t want my child to be on the bus that is crossing a track where the warning signals are malfunctioning and a train is bearing down on the intersection.  Our children would not have a chance. See the short video here.  We wouldn’t want our children, or anyone’s children, to be on that bus when a train hits it.

There’s never a good reason why a school bus doesn’t stop at a railroad crossing or — worse yet — why a car would try to pass a school bus that has stopped at a crossing.

If you have questions about the law that requires school buses to stop at railroad crossings in Virginia, call our firm at 703-260-6070, send me an email at Sandra@RohrstaffLaw.com or contact us through our website, www.RohrstaffLaw.com.  There is no charge for the time we spend answering your questions.

Let me be clear:  Like the law in most states, the law in Virginia is that a stopped school bus is not to be passed, whether you are behind it going in the same direction or in the travel lane coming towards the bus if you are on an undivided roadway.  If you are approaching a stopped bus from the opposite direction on a divided road or highway, you may proceed.  If the bus is on a side street (not on the roadway you are on), you can go past.  But that’s about it.  Otherwise, you have to stop and wait for the red lights to go off, the red stop sign arm to be folded in, and the bus to begin moving before you can move.

Driving past a stopped school bus is a disaster waiting to happen.  Cars are big and buses are bigger; children are small.  No driver has any excuse to disobey this crucial law designed to save the lives of our children.

If your child was hit and injured by a car that was passing a stopped school bus, you should contact a lawyer who is experienced in representing children recover for their losses.  I will be glad to answer your questions about getting compensation for your child.  Give me a call at 703-260-6070, send me an email at Sandra@RohrstaffLaw.com, or contact me through my firm’s website, www.RohrstaffLaw.com.  I answer your questions for free.

As of July 2009, it is a traffic offense to drive while texting in Virginia.  There also are driving laws that apply to teens in particular that carry penalties of restricting (or removing) their right to drive. 

I posted a parent-teen driving contract at my firm’s website.  It’s designed to give parents an opportunity to talk straight to their teen, to let her now exactly what is expected of her, to get a commitment from her, and to set out the close-to-home consequences of breaking the contract.  It’s not the only answer, but it’s one arrow in a parent’s quiver for keeping their teen safe.

As a parent, you can educate yourself and your child with a few tips that will go a long way to keep your child  safer in the presence of ‘man’s best friend.’  Here are some tips to keep in mind:

•  Understand that dogs react to your attitude.  If you run or scream, they often think that you are playing and want to join in.   This can be dangerous for small children – dogs are often as big as or larger than the child, which can turn the playful actions of the dog into an injury to the child. 

•  Make sure that there is always an adult present when children are interacting with their canine friends.  Never leave an infant or a young child alone with a dog.

• One hint to a dog’s discomfort around children (and adults) can be found by focusing on the dog’s humans.  Humans transmit their attitudes, fears, aggressions, etc. to their dogs. 

•  If you or your children are  interacting with unknown dogs, be especially cautious.  It is best never to approach an unfamiliar dog, especially if it is not in the presence of it’s owner.  

•  Never disturb a dog that is sleeping or eating, no matter how cute it is. 

• If an unknown dog does approach you, always let it sniff you beore attempting to pet it or play with it. 

•  Never look a dog directly in the eye.  Dogs often perceive this as a challenge of their authority. 

•  If you feel like the dog is going to be malicious to you or your child in any way, stand tall and still and try to put something like a bag or bicycle between you and the dog. 

•  If a dog does knock you over, roll into a ball, cover your face and don’t move.  The dog may lose interest and move away, but if not, your face is safe.

These safety tips may help you and your children have many positive experiences with the dogs in your lives.

Is your child comfortable around dogs?  Some children are; others seemed to be scared silly by them.  Some dogs are comfortable around children and others are not.  Why is that?  Of course, there are many reasons.

One reason for a child’s discomfort and fear is that a child may have had a bad experience with a dog, She is more likely to be afraid of the next dog she meets.  Sometimes the dog’s exuberance at meeting a child may be scary.  And, sometimes, her parents’ own tension and fear may transmit to the child – and to the dog.

Regardless of why a dog becomes aggressive toward and bites your child, it is not the child’s fault.  Children under the age of 7 cannot be held responsible in Virginia for negligence — it’s not your child’s fault.

The law in Virginia is that the dog gets “one free bite.”  That is, IF THE OWNER HAS NO PRIOR KNOWLEDGE that the dog has a tendency to bite, the owner is not generally liable for the injuries the dog causes when it bites someone.

If your child has been bitten by a dog, there are important facts to discover to determine if your child has a valid claim against the owner of the dog.   The lawyers in my firm are experienced in representing parents of children who have been injured by a dog.  Send an email to Sandra@RohrstaffLaw.com, give us a call at 703-260-6070, or contact us through our website www.RohrstaffLaw.com.  We will be glad to answer your questions – for free.

Va. Code Ann. § 8.01-20.1

Every motion for judgment, counter claim, or third party claim in a medical malpractice action, at the time the plaintiff requests service of process upon a defendant, or requests a defendant to accept service of process, shall be deemed a certification that the plaintiff has obtained from an expert witness whom the plaintiff reasonably believes would qualify as an expert witness pursuant to subsection A of § 8.01-581.20 a written opinion signed by the expert witness that, based upon a reasonable understanding of the facts, the defendant for whom service of process has been requested deviated from the applicable standard of care and the deviation was a proximate cause of the injuries claimed. This certification is not necessary if the plaintiff, in good faith, alleges a medical malpractice action that asserts a theory of liability where expert testimony is unnecessary because the alleged act of negligence clearly lies within the range of the jury’s common knowledge and experience.

The certifying expert shall not be required to be an expert witness expected to testify at trial nor shall any defendant be entitled to discover the identity or qualifications of the certifying expert or the nature of the certifying expert’s opinions. Should the certifying expert be identified as an expert expected to testify at trial, the opinions and bases therefor shall be discoverable pursuant to Rule 4:1 of the Rules of Supreme Court of Virginia with the exception of the expert’s status as a certifying expert.

Upon written request of any defendant, the plaintiff shall, within 10 business days after receipt of such request, provide the defendant with a certification form that affirms that the plaintiff had obtained the necessary certifying expert opinion at the time service was requested or affirms that the plaintiff did not need to obtain a certifying expert witness opinion. If the plaintiff did not obtain a necessary certifying expert opinion at the time the plaintiff requested service of process on a defendant as required under this section, the court shall impose sanctions according to the provisions of § 8.01-271.1 and may dismiss the case with prejudice.

Almost all children dream of what it would be like to drive a car like mommy and daddy do.  It’s why they’re fascinated with cars and trucks and why manufacturers make play cars for toddlers and remote control cars.  A growing trend in this market is a vehicle that the youngster can actually maneuver himself while in the driver seat.  An ATV or All Terrain Vehicle is like a motorcycle but on four wheels (they used to have only 3, like a tricycle) and can be driven on all types of land.  No need for roads with these vehicles.  Anything from open fields, to sand dunes, to your backyard are fair game.

However, the great risks of these vehicles to our children are constantly being proven.  According to a study published in the Houston Chronicle, 40,000 children under the age of 16 were seriously injured in ATV accidents resulting in 107 deaths in 2007 alone.

Helmets are not enough.  Even when proper protection is worn, the vehicle itself is a menace.  One of the problems is that these vehicles are oversized.  Full sized ATVs can weigh up to 400 pounds.  When matched against a 60 pound child, the eventual winner is obvious.  Any kind of accident can be disastrous, especially when the child lands beneath the vehicle or is thrown from it.   While there are smaller vehicles that are made specifically for younger children, they too can easily outweigh a child and without many safety restraints, serious precautions need to be taken.  Virginia has a law that governs ATV use by children that basically prohibits children from using larger vehicles.  This ATV safety site has information about ATVs that might be helpful to you.

Manufacturers know about the dangers of ATVs when used by children, but most parents do not.  They look like great fun, and who wouldn’t want to let a child have great fun.  But, THEY ARE NOT TOYS.

Parents whose child has been injured or killed on an ATV should speak to a lawyer who can give them information to help them decide whether the manufacturer or retailer can be held responsible.  Give me a call at 703-260-6070, contact me through my firm’s website, www.RohrstaffLaw.com, or send me an email at Sandra@RohrstaffLaw.com.  I will answer your questions for free.

Although five of the seven injured children were taken to Fairfax Hospital, none was seriously injured.  However, the incident is an early reminder of what every parent fears as they put their child on a school bus.

Although school buses are among the larger vehicles on the road, they carry our most precious cargo – our children.  The fact is that children are not restrained and, even in minor collisions, they can be tossed around inside the large, yellow metal box we call a school bus.  School bus accidents can cause many types of injuries to children, including:

♦    Head trauma, including brain injury or concussion

♦    Broken bones

♦    Spinal injuries

♦    Permanent scarring

♦    Emotional distress, including fear and anxiety

♦    Death

I wrote an article on our website about questions you should ask and things to think about if your child is in a school bus accident.

If your child is injured in a school bus accident, you may want to consult a lawyer who is experienced in helping the parents of children who have been injured.  I have written a book full of information for people who have been injured in accidents.  You can get your free copy at http://www.RohrstaffLaw.com or by calling me at 703-260-6070 or sending me an email to Sandra@RohrstaffLaw.com.  I will be happy to answer your questions for free.