Every year on Halloween, over 41 million kids venture door to door dressed as goblins, ghouls, and superheroes collecting candy from neighbors. It’s no wonder that this holiday is a favorite among kids and adults alike. But with so many children out and about after dark, the likelihood of your child getting injured in an accident is substantially higher than on other days of the year. The Ohio personal injury lawyers at Kisling, Nestico & Redick want to remind you that there are many steps that parents can take to make Halloween safer for kids.
Why Halloween Is More Dangerous
According to the January 2019 Journal of American Medicine Pediatrics research article “Pedestrian Fatalities Associated With Halloween in the United States,” there are many factors that make Halloween among the most dangerous nights of the year for kids. Researchers reviewed over four decades of data from the U.S. and found that poor visibility among drivers is only partly to blame. In addition, dark costumes can make kids less visible, masks can inhibit peripheral vision, and kids often fail to cross streets safely. In addition, drivers impaired by alcohol create an increased risk of accidents.
The good news, however, is that many of these risk factors can be reduced with parental involvement. Here are some tips from Kisling, Nestico & Redick on how to have a safe Halloween this year.
How to Keep Kids Safer on Halloween
- Stick to designated trick-or-treat times.
Decades ago, there were no designated trick-or-treat times, but today, all of Ohio’s major cities have implemented strict time frames for trick-or-treating. The reasoning behind these curfews is a simple safety precaution: once the sun sets, children are difficult to see, and with so many excited kids crossing streets as they head door to door, it’s easy for drivers to be caught off guard and not see a child until it’s too late.
To keep your kids as safe as possible, make sure to observe the designated trick-or-treating times in your area. The most common “official hours” for trick-or-treating in Ohio are between 6:00 and 8:00 pm. This window is observed in Cleveland, Columbus, Beachwood, Cincinnati, Dayton, Independence, Toledo, and Westlake. Trick-or-treat hours in Akron and Youngstown are from 5:00 to 7:00 pm. And in Canton, kids may go door-to-door between 3:00 and 5:00 pm.
- Keep costumes safe.
One of the most important things that you can do to keep kids safe on Halloween is to make sure that their costumes don’t present any hazards. Start with the fit; your child should be able to comfortably move in their costume. If the costume involves long garments, make sure the hem falls above the ground to avoid trips, slips, and falls. It’s also a good idea to avoid masks, as they can impair breathing and vision, both of which can be dangerous. Instead of a mask, create a scary face using makeup, but don’t forget to test it on a small area first so you know it won’t irritate your child’s skin. Always remove makeup before bedtime to prevent eye and skin problems.
If the costume involves swords, knives, or other sharp accessories, make sure that they are short and soft so they cannot actually harm anyone. Finally, remember that if your child’s costume is dark, they will be less visible to drivers. Remedy this by adding reflective tape or stickers to the costume and to trick-or-treat bags. In addition, give kids flashlights and glowsticks to carry with them. Not only will this help them see their surroundings better, but it will make them more visible to drivers.
- Learn tips for hitting the streets.
When it comes to trick-or-treating, walking together in a big group of both adults and kids is the safest plan. When kids walk together, they are more visible to cars. In addition, if adults are present, they can prevent accidents by reminding excited kids to look both ways, walk slowly, and cross at crosswalks or street corners. If you have older kids who will trick-or-treat on their own, make sure that they go in a group and remind them to walk safely, observe pedestrian laws, and stay on sidewalks at all times.
The neighborhood where you trick-or-treat can also have a huge impact on children’s safety. Rather than traveling along busy main streets with fast-moving traffic, choose side streets or quiet neighborhoods that are well lit. Gravitate toward welcoming and safe properties with Halloween decorations, safe stairways and sidewalks, and well-lit walkways. Always avoid properties with improperly maintained yards and porches.
- Make sure that candy is safe.
While injuries or poisonings caused by people tampering with candy are not common, the lawyers at Kisling, Nestico & Redick would like to remind you it’s still a good idea to get rid of any candy that appears to have been opened and could be contaminated. In addition, to be on the safe side, throw out any homemade treats. If you have small kids, don’t let them eat candy that they could choke on.
- Make your home safer for trick-or-treaters.
In addition to keeping your kids safe while they’re out haunting the streets, make sure that your own home is safe for visiting trick-or-treaters. Before Halloween arrives, ensure that pathways are well lit and free of any obstacles that could cause a trip or fall. Check your stairs and sidewalks for unsafe areas, and make repairs prior to Halloween.
While jack-o-lanterns lit with candles are festive, they can also cause injuries or fires if they are knocked over. Keep them away from walkways, landings, curtains, and doorsteps. Instead, put them higher up on tables where they can be admired. This will keep kids from tripping on them and getting burned or potentially causing a fire.
Finally, if you are driving on Halloween, turn on your headlights, even in the early evening. This will make it easier for kids to see you and for you to see them.
What to Do If Your Child Is Injured on Halloween
While no parent wants the worst to happen on a magical night like Halloween, the reality is that pedestrian accidents are more likely to happen on Halloween than on any other night of the year. According to the National Highway Safety Administration (NHTSA), in 2016, more than 1,200 children under 14 years old were killed in pedestrian accidents involving cars. Even a child who survives this type of accident can be left with life-changing injuries, broken bones, brain damage, and more.
While following the safety tips above can help reduce your kids’ likelihood of being injured in an accident, there are no guarantees. Small children are especially at risk of being hit by a car, not only because they are shorter and less visible than adults but also because they are more likely to run into traffic without looking both ways. This makes them much more vulnerable to accidents.
Of course, drivers must exhibit additional caution on nights like Halloween when kids are out and about. But on Halloween, drivers are also more likely to be intoxicated coming home from a party and may have trouble seeing in the dark.
If your child is injured in a pedestrian accident, the best course of action is to contact an Ohio pedestrian accident lawyer right away. Because these accidents can be both costly and life changing, getting in touch with a lawyer who can help you get the compensation you need for medical treatment is essential. At Kisling, Nestico & Redick, we have helped many families get the justice and compensation they deserve, and we may be able to help you as well. Consultations are always free, so please don’t hesitate to contact the attorneys at Kisling, Nestico & Redick.
Compensation for Child Pedestrian Injuries
Drivers are expected to exercise a heightened duty of care when children are a part of the equation. This means that if a driver fails to act with sufficient caution, they can be held liable for any injuries that they cause. This is true even if a child forgot to look both ways when crossing a busy street or ran into traffic without thinking. Although it may have been difficult for the driver to stop in time, Ohio law follows a rule known as comparative negligence, where the injured party can recover damages even if they played a role in the accident. Under this law, percentages of fault are determined, so if the driver was determined to be 90 percent at fault, they would be responsible for 90 percent of the compensation for the accident.
Any one else love fall as much as these #TeamKNR members? We had a blast at the @GreatPumpkinRun today in Akron! pic.twitter.com/53ckzeTG6v
— KNR (@1800HURTNOW) October 19, 2019
Although most injury claims are taken care of by the driver’s insurance company, working with a lawyer like Kisling, Nestico & Redick can help you ensure that you are fairly compensated for your child’s injuries. The mandatory minimum amounts of compensation covered by insurance in Ohio include a $25,000 minimum for the injury or death of a child, a minimum of $50,000 for the injury or death of two or more people, and a $25,000 minimum for property damage. But sometimes, these levels of coverage are not enough to cover the expenses associated with the accident.
After you file your claim, the insurance company will investigate the situation and determine what it feels is a reasonable amount of compensation. The unfortunate reality, however, is that insurers often try to avoid paying by placing the blame on the child or paying less than is fair. This is why it’s best to work with a law firm like Kisling, Nestico & Redick who are experienced in child pedestrian accident law in Ohio. The lawyers at Kisling, Nestico & Redick will ensure that your case is properly handled. A good lawyer can negotiate with insurance companies and take them to court if necessary to help you get the compensation you deserve.
How Kisling, Nestico & Redick Can Help
Many people wrongly assume that in the case of a child pedestrian injury, insurance companies and the responsible driver will be committed to doing what is right, but all too often, this is not the case. Many times, the responsible party has already hired a lawyer to protect them from paying large sums or to try to prevent serious legal issues.
It is in your (and your child’s) best interest to work with an attorney who can properly investigate your case and file a claim on your behalf. By doing so, you can devote your attention to your child’s recovery, not to negotiating with an insurance company.
The experienced personal injury team at Kisling, Nestico & Redick is committed to fighting for your rights, holding the responsible party responsible, and recovering the compensation you need to help your child get better. These personal injury lawyers work throughout Ohio, including Cleveland, Columbus, and Akron.
If your child was hurt on Halloween, whether by a reckless driver or due to a different act of negligence, Kisling, Nestico & Redick can help. Get in touch with the law firm today at 1-800 Hurt Now for a free, no-risk case evaluation.
