23 Children Injured when Daycare Van Rolls Over
According to the Star-Telegram, on Monday, September 28, 2009, a Kids Clubhouse daycare van carrying twenty children were injured when the van entered an intersection in Grand Prairie, Texas (just outside of Dallas) and was broadsided by an oncoming vehicle.
The driver of the van, Karissa Acosta, allegedly swerved around a car stopped at a red light and entered an intersection when Aracel Torres, who was driving the other vehicle, a Tahoe, broadsided the van causing it to overturn. There were 20 children riding in a 15 passenger van and many were unrestrained.
Jaylon Williams, a 9 year old in the van, found himself dangling upside-down by his seatbelt following the accident. “It was totally chaotic,” he said. “Everybody was yelling and crying before the back door opened up and people began pulling us out.” Jaylon was taken to a local hospital with a large bump on his forehead and back pain.
Thirteen children in the van ages 3-11 were taken by ambulance to area hospitals with non-life-threatening injuries. The driver of the Tahoe and two minor passengers ages 2 and 3 were also taken to an area hospital with minor injuries.
The police stated that neither driver had a driver’s license. The driver of the Kid’s Clubhouse van will likely face several traffic violations including running a red light and driving with unrestrained children. This accident comes less than one month after a new law was enacted requiring that everyone must be in seat belts in a 15 passenger van. The driver of the Tahoe also faces a charge for driving without a license.
The director of the daycare, Amber Gonzalez, was apparently unavailable for comment following the accident.
An accident like this can be very scary for anyone, but especially for children.
The Texas personal injury attorneys at Kahn Law Firm handle all types on injury cases, including child injury cases and auto accident cases like this one. Daycare van drivers, like all drivers, have a duty to exercise extreme caution while operating a vehicle–especially since they have our most precious treasures as passengers. All traffic laws should, of course, be followed and common distractions such as talking on cell phones, texting, eating and reading should be avoided at all costs. Injuries at daycares or while children are in the care of daycares occur far too often and most are avoidable. Daycare centers that transports children should have a properly written and clear procedure for supervision so accidents like these do not happen.
Additionally, the 15-passenger vans are known to have a problem with rolling over and have been involved in many accidents involving serious injuries and fatalities due to the center of gravity is so high. The National Highway Transportation Safety Administration (NHTSA) has issued warnings about the dangers of 15-passenger vans. However, despite the warnings, many schools, churches, and daycares continue to use them to transport children and adults. More information about the dangers of 15-passenger vans can be found here. We are very glad that these children involved in this rollover accident were not more seriously injured or killed.
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