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October 2006
Greetings from the Kansas Supreme Court and the Kansas Bar Association. Welcome to this edition of Law Wise and the second edition of the 2006-2007 school year. The theme of Octobers edition of Law Wise is School Travel Safety.
Recent events in schools have reiterated just how precious and important the safety of our children is. This issue of Law Wise is dedicated to the safety of children in route to and from school. Whether walking, riding bikes, or teens that drive, there are many safety issues to consider.
I remember walking home from school one day when I was approached by a man in a car encouraging me to get into the car with him. My parents were very smart in talking to me about stranger danger. I knew to yell as loudly as possible and run to a safe house along my route. I was 9 years old. In 1980, times were different. I remember getting home, running as fast as my feet would take me, describing to my father what had happened. The police were called and at 9, I was giving my first description of a potentially dangerous predator. I was very lucky. I made one mistake that I never made again, I was walking home alone.
We teach our children to go in groups, to not help people find lost puppies, or take candy from someone we dont know. Sometimes its easy to overlook the basics of just getting to and from school. If riding a bike, what side of the street does one ride? Do stop signs and traffic signals apply to walking and riding bikes? These are mostly elementary and middle school issues. As our children grow, so do the risks. Teens behind the wheel are inexperienced, and when I see a young driver with a cell phone in his/her hand, I cringe. While cell phones provide parents a feeling of security that their child can reach them in an emergency, they can also be a deadly distraction.
I hope you find something in this issue of Law Wise that will help reinforce safe travels to the children in your classes and lives.
Cell Phones - Great New Technology or Latest Per Se Negligence?My pet peeve is seeing a driver attempting a left-hand turn in congested traffic ... and talking on a cell phone! On Jan. 23, 2005, Joyce Pellino Crane, from the Boston Globe, wrote about Cooley Godward and a lawsuit settlement. The subject matter? Whether an employer is liable for damages resulting from an accident caused by negligent use of a cell phone? This is the first cell phone case, which has come to the attention of this writer. And, I say that it's about time! Whether the hands-free operation of a cell phone prevents accidents is arguable. The National Highway Traffic Safety Administration estimates that 3 percent of cell phone owners are talking while driving at any given time. Of 6 million annually reported car crashes, half are related to driving while distracted, according to the American Automobile Association (AAA). The AAA suggests that it's not the act of holding the device, but rather the discussion that causes accidents. Most of us focus on our discussion. And when we're driving and talking, the talking usually commands our attention. Even if you're using a headset, you can still get into an accident. Why? Because, frequently, the conversation prevents you from seeing what's right in front of you! Obviously, your mind is elsewhere. A small but growing number of companies are publishing guidelines for cell phone use inside the office and the car, as some high-profile liability cases catch the eye of corporate America. "It's a hot liability topic," says Kathryn Lusby-Treber, executive director of the Network of Employers for Traffic Safety in Vienna, Va. "The company is certainly at risk. If they have an employee who's driving for business and they're in a crash, the employer can be held responsible for the crash." Will these guidelines protect the company? Not necessarily. In October 2004, Cooley Godward of San Francisco settled a $30 million lawsuit in the death of 15-year-old Naeun Yoon, who was struck and killed in 2000 on a busy highway outside Fairfax, Va., by one of its employees - a lawyer accused of making a business call on her cell phone while driving. After serving a year in jail and surrendering her law license, Jane Wagner was ordered to pay $2 million in damages to Yoon's family by a circuit court jury in Loudoun County, Va. While the firm's insurance company paid $92,500, the firm was not held liable. However, the case of Yoon v. Cooley, Godward has broader implications. This decision suggests that employers could be vicariously liable for the cell phone-induced distracted driving of their employees. Having a published policy against such use may not help; while one factor to consider, it's insufficient in most cases. There is precedent for this thinking. Just take a look at sexual harassment cases where the firm has a written policy against such actions, but is still held liable for lack of appropriate enforcement activity. Perhaps the use of cell phones, Blackberries, and other mobile technology should be reexamined to take advantage of their benefits while not exposing our law firms to damages and concomitant loss of reputation. Source: Ed Poll, January 2005, http://www.abanet.org/lpm/lpt/articles/mtt01051.html |
The Law-Related Education Inventory has the following items that are useful in working with students on the Constitution. Check out the following:
The Law-Related Education Inventory has many resources to help teach about law-related topics. The Kansas Bar Association and the lawyers in your community sponsor the Law-Related Education Inventory. To order a catalog, call Meg Wickham at the Kansas Bar Association, (785) 234-5696. The clearinghouse will mail free copies of law-related posters, games, mock trials, booklets, lesson plans, and other aids. It is open Monday through Thursday, 8 a.m. to 7 p.m., and Friday, 8 a.m. to 5 p.m. The director of the Teachers College Resource Center, which houses the Law-Related Education Inventory, Marla Darby, can be reached at Darbymar@esumail.emporia.edu.
Did you know? According to the Kansas Department of Transportation, these are the basic ins and outs of teen driving:
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DRIVING TIPS
WHAT TO DO IF YOURE IN AN ACCIDENT:
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Materials and Supplies
Preparation
To Play
Select four players for each team. Instruct the players to hit the buzzer/bell if they know the answer. The first team to ring the buzzer/bell will answer the question. If the answer is correct the team receives two points. If the answer is not correct the other team has the opportunity to answer the question. If the second team answers correctly they receive one point. The team with the most points at the end of the allotted time wins.
HIGHWAY SAFETY GAME SHOW
Let us know what you think!
If you have any ideas or suggestions for Law Wise topics or lesson
plans,
please e-mail Meg Wickham at mwickham@ksbar.org.

Materials:
Board Set Up:
Play Jeopardy/Double Jeopardy
School Bus Elementary Questions
$100-Something you always do when getting on or off the bus.
What is hold the handrail?
$200-You must never, ever do this when getting off of the bus.
What is walk behind the bus in the Danger Zone?
$400-At the bus stop you should always do this.
What is stay at least two giant steps back from the side of the road?
$500-Be sure you can see the bus drivers face and they can see you.
What is do this before crossing in front of the bus?
Double Jeopardy
$200-The area 10 feet or 10 giant steps around the bus.
What is the Danger Zone?
$400-The Danger Zone is called this for a reason.
What is because the driver cannot see you when you are this close to the bus?
$600-Look left, then right, then left again.
What is the proper way to cross the street after getting off the bus?
$800-You practice these two times each year to know what to do in an emergency.
What is an evacuation drill?
$1000-He or she is your friend and teacher on the bus.
Who is the bus driver?
$300-Always do this when you ride the bus.
What is sit quietly in your seat?
BONUS**There are eight of these on every school bus.
What are flashing lights - four amber; four red
School Bus Secondary Questions
$100-The ten-foot area around the bus.
What is the Danger Zone?
$200-The Danger Zone is called this for this reason.
What is because the driver cannot see children or small objects in this area?
$300-There are eight of these on every school bus.
What are flashing lights - four amber; four red?
$400-Buses have one of these to attract motorist's attention.
What is a stop arm?
$500-A school bus stops 10 feet from railroad tracks. To safely cross, the school bus must travel approximately what distance, in how much time, when starting from a dead stop.
What is approximately 25 feet and 15 seconds?
Double Jeopardy
$200-As a motorist, meeting or overtaking a school bus with red flashing lights you must take what action.
What is stop at least 10 feet away from the bus?
$400-Until all children reach a place of safety around a school bus the motorist may not do this.
What is resume motion of the vehicle?
$600-The only exception to the rule that drivers must stop for a stopped school bus with flashing red lights.
What is when a driver is on a separate roadway (roadway with a physical
barrier or a clearly indicated dividing section)?
BONUS**Concrete median, metal median, nonmountable curbs, concrete mountable curbs, trees or shrubs, rocks or boulders, grass.
What are physical or clearly indicated dividers? (Singing divisors DO NOT create a separate roadway.)
Pedestrian Secondary Questions
$100-The safest place to cross the street.
What is the crosswalk /corner?
$200-Stop, look left-right-left, and over your shoulder for turning traffic.
What is the correct way to scan before crossing the street at an intersection?
$300-This is where you should walk when there is no sidewalk.
What is facing traffic as far to the left of the road as possible?
$400-Make eye contact.
What is the way to be sure the driver making a right hand turn has seen you?
$500-As a driver you must yield to pedestrians using these.
What are crosswalks?
Double Jeopardy
$200-A way to make yourself more visible at night.
What is to wear bright colored clothing, use retroreflective materials, and carry a flashlight?
$400-Stop, look for pedestrians and vehicles, and then turn when it is safe.
What is the correct way to make a right turn on a red light?
$600-Crossing the street at any point other than a crosswalk.
What is jaywalking?
$800-These "additives" can impair your ability to walk safely.
What are drugs, including alcohol?
BONUS**Driveways, neighborhood streets, alleys, and parking lots.
What are common vehicle-related places you may find children playing?
Pedestrian Elementary Questions
$100-Always stop at the curb.
What you should do before entering the street or road?
$200-Stop, look left, look right, look left again.
What is the correct way to cross the street?
$300-Don't just LOOK for traffic, do this too.
What is listen for traffic?
$400-The safest place to cross the street.
What is the crosswalk /corner?
$500-Make eye contact.
What is the way to be sure the driver making a right hand turn has seen you?
Double Jeopardy
$200-A specially marked path for pedestrians crossing a street.
What is a crosswalk?
$400-This is where you should walk when there is no sidewalk.
What is facing traffic as far to the left of the road as possible?
$600-Wear bright colored clothing when walking during the day.
What is to help drivers see you?
$800-Move to the edge of a parked vehicle (if there is no one in the vehicle and the vehicle is not running) and look left-right-left.
What is the way to check for traffic if your vision/view is blocked?
$1000-The traffic signal that tells you to cross the street after you have checked for turning vehicles.
What is the "WALK" signal or "walking pedestrian"?
BONUS**Continue walking and complete crossing the street.
What is what you should do if the "Don't walk" signal begins to flash once you have started to cross the street?
Bicycle Elementary Questions
$100-Made to protect your head in a bike crash.
What is a bicycle helmet?
$200-Place your forearm along the top tube with the elbow touching
the seat. Your fingertips should just reach the handlebars. Then straddle the bike. There should be about an inch between the top bar and your crotch.
What are the two ways to measure a bike to assure correct fit?
$300-Bicyclists ride their bikes in this direction.
What is riding in the same direction, with the flow of traffic?
$400-The way a bicyclist lets a car know he/she is turning.
What are hand signals?
$500-Stopping at stop signs and yielding to pedestrians.
What are traffic laws a bicyclist must obey?
Double Jeopardy
$200-Children should not ride in the roadway until they reach
this age.
What is 9 years old?
$400-A skill cyclists should use to look and search ahead, back, and around for any traffic hazards.
What is to scan?
$600-ANSI, ASTM, or SHELL certification.
What is the first thing to look for when buying a bicycle helmet?
$800-Always lock your bike when not in use, park your bike where it can easily be seen, take your bike indoors overnight, register your bike with the police department, and record the serial number.
What are ways to protect your bike from being stolen?
$1000-Yell "passing left" or "passing right" and pass on that side.
What is the correct way to pass a pedestrian or bicyclist on a
bike path?
BONUS** Always wear a bicycle helmet, ride with traffic, signal all turns, obey all stop signs, and traffic signals.
What are the best ways to be safe on a bike and be predictable
in traffic?
Bicycle Secondary Questions
$100-Bicycle is a vehicle and must follow these.
What are all traffic signs and signals?
$200-Safety equipment required by law when riding at night.
What are a front white headlight, a rear red reflector, and an amber reflector on each wheel.
$300-By law, bicyclists must ride on this side of the road.
What is the right side, with traffic?
$400-Designed to cushion a blow to the head; it must meet special safety standards.
What is a bicycle helmet?
$500-The way a bicyclist communicates with another driver.
What is using hand signals?
Double Jeopardy
$200-Helps the bicyclist to be seen by other drivers.
What is to wear bright colored clothing and use reflective
materials?
$400-The correct way to scan for traffic at an intersection.
What is look left-right-left and over your shoulder for turning vehicles?
$600-ANSI, ASTM, or SHELL certification.
What is the first thing to look for when buying a bicycle helmet?
$800-The only circumstance when a bicyclist can ride on the left side of the road.
What is a one-way street?
$1000-Always wear a bicycle helmet, ride with traffic, signal all turns, obey all stop signs, and traffic signals.
What are the best ways to be safe on a bike and be predictable in traffic?
Seat Belts Elementary Questions
$100-The first thing you do when you get into a car/vehicle.
What is BUCKLE UP?
$200-Across the pelvic bone; low and snug across your hips.
What is the proper position for wearing a lap belt?
$300-The amount of time needed to buckle your seat belt.
What is three seconds?
$400-This is equal to a fall from a three-story building.
What is the force unleashed in a 30 mph crash?
$500-You, your family, and friends.
Who are the people who suffer the consequences if you are in a car crash and you do not use your safety belt?
Double Jeopardy
$200-Across the shoulder and low and snug against the hips.
What is the proper placement of a safety belt (shoulder/lap belt combination)?
$400-Every time you ride in a car/vehicle.
What is how often or when you should wear your seat belt?
$600-Number of collisions in a crash.
What is three; the first collision is when the car hits an object, the second is when the passenger hits the inside of the car, and the third is when the internal organs hit the skeletal frame?
$800-In the middle position of the back seat, buckled in a safety belt.
What is the safest place for children to be in a crash?
$1000-Your safety belt is your best defense against this kind of driver.
What is a drunk driver?
Seat Belts Secondary Questions
$100-Please, buckle up.
What is the first thing you should say to passengers in your car?
$200-Across the shoulder and low and snug against the hips.
What is the proper placement of a safety belt?
$300-Most occur within 25 miles of home and under 40 miles per hour.
What is where most crashes occur?
$400-Only deploys in a frontal crash.
What is an air bag?
Double Jeopardy
$200-They are uncomfortable; I am a good driver; I only travel at low speeds; I only take short trips.
What are excuses people give for not buckling up?
$400-Number of collisions in a crash.
What is three; the vehicle collision, the human collision, and the internal
organ collision?
$800-Your safety belt is your best defense against this kind of driver.
What is a drunk driver?
$1000-The number of crashes involving fire or submersion in water.
What is less than one-half of 1 percent of all traffic crashes?
BONUS**Your chances are 25 times greater of being injured or killed if this happens.
What is being thrown from the vehicle?
Terrific Technology for TeachersCheck out these great Web sites to help you learn about school traffic safety: