Children love ice cream trucks. The sound of the tinkling ice cream truck music can send kids running from their homes to flag down the truck so they can buy a treat. The problem is, children may run into busy streets, or they may be struck by a motorist whose view is blocked by the ice cream truck. California recognizes the risks presented by ice cream trucks, and has included provisions in the California Vehicle Code imposing rules on ice cream trucks designed to reduce the risk of injury to children.
Ice cream truck vendors are expected to obey safety regulations. If they fail to do so, the owner and/or operator of the truck may be sued by families of children injured or killed in related collisions. A violation of safety regulations, including Vehicle Code provisions specific to ice cream truck safety, can create a presumption of negligence by the driver and/or owner of the truck, that makes injury claims easier to pursue.
What are the Ice Cream Truck Safety Rules That Prevent Injury to Children?
The ice cream truck safety rules are found in California Vehicle Code Section 224556, also known as the Destiny Nicole Stout Memorial Act. The safety provisions were passed following the tragic death of a young girl who was killed in March of 2000. A motorist did not see Destiny Nicole Stout, who was in the road after purchasing ice cream from a neighborhood truck, and the motorist struck and killed her.
The regulations now require all ice cream trucks to be equipped with signs when selling ice cream in residential areas. The signs must be no smaller than 12 inches high by 48 inches wide, and the wording on the signs must be clearly legible from 100 feet away in daylight conditions. They must state “WARNING” and “CHILDREN CROSSING.” The signs have to have dark colored lettering, a background that contrasts sharply from the lettering, the words must have a solid border, and the letters must be at least one inch wide and four inches high.
Ice cream trucks are not only required to have signs, but they are also restricted about where they can stop to sell their ice cream. Trucks are not allowed to park in, or sell ice cream from, any streets, alleys, or highways that have a posted speed limit greater than 25 miles per hour. They also cannot park or sell ice cream on a street, ally or highway that is within 100 feet of an intersection with an opposing street or highway that has a speed limit greater than 25 miles per hour. Finally, the vendor must ensure there is an unobstructed view for 200 feet in both directions along the road, and there must be an unobstructed view of any traffic on the highway.
Help for a Long Beach Accident Causing Injury to Children
Your Injuries Are Personal to Me
While the ice cream truck law protects children from harm, accidents still can happen. This is especially true if laws on where trucks may stop to sell ice cream are not followed. A Long Beach injury lawyer can provide assistance after a child is injured in an accident while buying ice cream from an ice cream truck that failed to follow safety rules.
The Law Office of Michael D. Waks is there for children and families when injuries occur. Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation.
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