To kdc916 I must apoligize as I was not there to see what happened first hand. From what I have read from you. You must have been standing right there watching the hole thing happen in full view as you keep saying you know the facts. So I wonder how this then did happen with you watching the hole time?

avidreader....I am sorry for what happened to your daughter, but it seems that because of that, your emotions are a large part of your post. But, the fact is if it happened on the sidewalk portion, or between there and the street, it's not private property. Even if it was, as apparently the police supervisor thought, some citations can be issued on private property. (Reckless driving for one.)
Either way, civil action is always in the picture, and I assume you have explored that option? Again, as in my previous post, I referred to the "totality of the circumstances," and apparently that played into the situation at some point.
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My second comment in that same post referred to your description of the girl PICKED UP AND DRAGGED DOOR TO DOOR WHILE BLEEDING FROM THE HEAD. I was not there but do find that exact scenario hard to believe. Were you there?
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You also wrote...." She gets no ticket, because it was afterschool hours. Apparently, the crosswalks are only for our protection while school is in session, and only for adults, because the kids are in school, they won't be needing them."
That statement makes no sense.
If the driver was not cited it was not because it was "after school hours." The crosswalk rules apply at all times to all pedestrians.

Just wanted to let you know I talked to Sgt Nikolaus in the Janesville Police Department. She says the driver was cited for unsafe backing. My understanding is that the issue is slightly tricky, since the accident occurred in the driveway and not on a city roadway. However, since the child was on the city sidewalk, that's why the police department issued a citation.

AvidReader - I believe you have the right to post your blog. To someoname - Fact is -- she did run him over twice. I know this for fact. Just as I know she was ticketed because the boy was on the sidewalk. She saw the boy was behind her. She saw the five year old go onto the sidewalk but not the boy. What do you think she should have done? I do know the facts. Obviously, you don't. She saw him, and then she didn't. She never saw him move--so where did she think he was? She panicked and pulled forward over him a second time. Be smart! Smart would have been to take a moment to get out of your car and look! Would have taken one minute! That is the facts bud. I am not playing jury. I am sure the lady is beside herself. She should be she ran over a baby. It was an accident -- an accident that could have been prevented if she would have taken a minute to check behind her car. An accident prevented if the Mother would have been outside. I am sure she is beside herself. She loves her babies. We all know how fast accidents happen.

avidreader -- You need to take care of your daughter and stay off the Gazette blogs. There are sometimes in your life when it is best to keep quiet because you are in a lose-lose situation. Concentrate your efforts on your family...good luck and I wish the best for your daughter.

JohnDoe, here's the facts, A woman is getting into her car, sees my child coming down the sidewalk, at what she claims was a "high rate" of speed. She procedes to back out, looks in her side mirror, doesn't see anybody, says her windows are up, and her music is on. My daughter is thrown from her bike and is laying in the apron of the driveway, the cars stops momentarily, and starts to back up again, my daughter is screaming stop, and trying to crawl away before the tire goes over her head. A passing motorist sees my daughter trying to get out of the way, and starts laying on his horn. The driver miraculously hears this and stops her car. My daughter is screaming hystericly, and the driver is so concerned about being late, does nothing. As my daughter is laying there begging me not to let her die, the woman states she doesn't have time for this, she needs to go. I said you just ran over my daughter, you can't leave. She claims she never hit my daughter, she just fell off her bike. The woman leaves, but not before plenty of witnesses get her license plate #. Long story short, the officer on scene did ticket her, but his superior made him void it because of the private property issue. The distance between my driveway, and the one the lady was backing out of is not very far, if my daughter was going that fast, she would have been well past the lady before she could have put the car in reverse. Plain and simple, she was in a hurry, and she wasn't going to let a kid on a bike put her behind schedule, not before she hit her, and definatly not after. The woman showed no remorse, no compassion, nothing, she was too concerned about her schedule. She left the scene of an injury accident, and got absolutly nothing out of it. What other "totality of circumstances" does there need to be? My first thought when I found out the ticket was voided was that she must be related to somebody on the force, because that was the only plausible explaination I could come up with. You sound like you think you know what and why, so please enlighten me, because my daughter, whose leg will never be right, and myself, would sure love some answers.

Ah the toddler had stopped on the sidewalk but not in the line of the driveway that is why the lady then continued to back up. I believe thinking he was waiting and she did not back up over him 2 times. Come on have some smarts here. Make sure you are sure you have the facts before you want to play jury. Please. Also hard to ride a scooter or bike in the backyard. Driveway maybe.

News Flash! Neihbor lady did receive a citation. News Flash! She saw the little boy and still proceeded backing up even after she saw him behind her car. Story doesn't make much sense and I have heard different versions. News Flash!!!! She didn't run over the little boy once! But twice! The lady ran the little boy over and then pulled forward and ran him over again! Stupid, Stupid! The boy is lucky to be alive! He was med-evac'd to Madison. His femur is broken in half. His right arm is broken. He is in a full body cast up to his chest! The lady should be prosecuted. It didn't just happen on her driveway but on the public sidewalk! The mother should be prosecuted for neglect. I understand she is going to school--but that doesn't take her away from her obligations as a mother. They do have a backyard doesn't she? They are babies! Both people--the neighbor and the mother should be charged. You should know what is around you all the time when you're driving and that mother--she has no business having children if she can't take care of them.

Well to help things out first this was a accident not something done cause they wanted to. You know they do happen. I know both sides involved. The driver was cited so that ends that argument. The mother was in the house and the neighbor did have to go into the house to let her know her child was injured. Has the mother let the 5 year old watch the kid alone outside before yes several times. Has she been out watching the kid at times yes also. could the driver had done things better yes maybe. Also maybe she did do things close to what should have been done. Last fact any 2 year old should be under watchful eye of a grown parent if not expect the worse to happen. Hopeful all will learn from this and it will at least save one more kid from having this happen to them. Thank you

avidreader wrote...." they refused to give her any kind of ticket, because the driveway is considered private property. Bet you all didn't know it was perfectly legal to run someone over on private property, and a public sidewalk is no longer public when someone is driving over you."
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The police may not have issued a citation but it was probably based on the totality of the circumstances and not because of "private property." Citations can and are issued in regards to accidents on "private property." It all depends on the circumstances.
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"A little girl in a crosswalk by Franklin, gets hit. Driver gets out, picks the disoriented child up by her backpack, drags her door to door to see if anybody knows her, as the child is bleeding from the head. She gets no ticket, because it was afterschool hours. Apparently, the crosswalks are only for our protection while school is in session, and only for adults, because the kids are in school, they won't be needing them."
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A little embellishment?
More to this story?

ive been told that the neighbor went to get the M O M out of the house not a baby sitter and if it would have been a baby sitter then they should be talked to by the police for child endangerment. if you know the mom maybe shes not being truthfull becouse the truth hurts... you need to be with your kids at all times. neighbors are not baby sitters some one getting payed or is doing another parent a favor to bekind is a baby sitter...i hope every one looks at this as a wake up call..

Who says the mother was even home? Before anyone jumps to that conclusion, you should know the facts. The mother works and attends school. How do you know it wasn't a babysitter? People should know their facts before they start saying that she is a bad mother and that child services should be involved..who are you to say that? GET YOUR FACTS!

With a backup camera the operator would have seen the child start to cross behind the vehicle. Mirrors are useless for anything directly to the rear of the vehicle. You can play the "blame game" all day long. A backup camera addresses the problem and solves it.

Devils, I have to disagree with you on that one. I don't think having cars equipped with cameras should be mandatory. What should be mandatory is that people check their rearview mirrors, especially in this case--when the neighbor knew that there were young children near her driveway. While I'll admit that this is a tragic accident, I can't help but think that it is one that could have been so easily avoided. The parents of these toddlers should have been outside with them, South Ringold is a busy street. Also, had the driver taken that extra second to confirm that the children were out of the way, this never would have happened.

More and more new cars are equipped with backup cameras which afford the vehicle operator a clear view, directly behind the vehicle. Hopefully they will, one day, be required in all cars.

that mom should have been outside with her kids there would be no way that i wouldnt let my 5 and 2 year old play outside. and why did that person keep backing out of her drive way if she see that the little boy stopped i think maybe the police need to be asking this lady a little more i mean come on if i was backing out of my drive and seen a little boy stop by my drive way i would stop and waite until i see him move and if he didnt then that is when you get out of your car and make sure that the kid moves. will i hope that this little boy is ok and maybe it will be a eye opener for that mother to be outside with her kids when then are playing cause some one could have taken her kids and she wouldnt even know cause she wasnt watching them come on people grow up and be a parent.

Just to clarify, sidewalk riding is only prohibited in downtown and "outlying" business districts, and oddly or at least impractically, within one block of schools and parks. In the rest of the city, the ordinance requires bikers to "exercise due care".
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There is a separate ordinance requiring parental or guardian supervision, but the language ("knowingly permit") is a fairly big loophole.
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Hopefully, this incident will be a wake-up for the parent, if the comments below are true. We had a similar problem with unsupervised kids and kid-sized bikes scooting in and out of driveways and the street last year. It's pretty scary when you don't want to back out of your own driveway because a kid could appear at any time, from any direction, at any speed. And that's not counting watching for cars!

Well now it's listed in the public record yet no names have been given and PHOTOS of the accident and the parent not being around........ Well at least she wasn't working at Screeming Meemies as A prostitute! NO CONTACT FROM NOW ON!!!!!!!!!!!

I agree that this accident is sad and could have been prevented, and needs to be investigated more by the police, but sadly, I don't see that happening.

The exact same thing happened to my daughter last summer, and before you all condemn me as a bad parent like everyone thinks these blogs are for, my daughter is 14, not 2.

The funny thing is, Janesville has, or at least up until last year had an ordinance about riding your bike on the sidewalk, but it is not enforced, because the police prefer kids be on the sidewalk, and not in the streets.

This accident, and my daughters prove that our kids aren't safe anywhere, because too many drivers are in too much of a hurry to pay attention anymore.

And guess what, the people running over our kids are not being held responsible for it, because the laws are against our kids.

The driver who hit my daughter, admitted to seeing her coming down the side walk, but because she was in a hurry to get somewhere, continued to backout anyways. And all though she left before the police arrived, they refused to give her any kind of ticket, because the driveway is considered private property. Bet you all didn't know it was perfectly legal to run someone over on private property, and a public sidewalk is no longer public when someone is driving over you.

A little girl in a crosswalk by Franklin, gets hit. Driver gets out, picks the disoriented child up by her backpack, drags her door to door to see if anybody knows her, as the child is bleeding from the head. She gets no ticket, because it was afterschool hours. Apparently, the crosswalks are only for our protection while school is in session, and only for adults, because the kids are in school, they won't be needing them.

My daughter learned the hard way, even if the driver makes eye contact with you, and lets you think it's safe to continue, don't bet on it.

I also live not far from the mother and I have also seen that her children are un supervised. If u ask me the mother should be brought up on charges for neglect of a child. If she would have been out there none of this would have happened to that poor little boy. This is all the mothers fault.

I live not far from the mother. The children run the streets at all ages and time of day. She relies on the other neighbors to watch her children.

Ive been told the parent was in her house and police got there before she even came out of the house ...needed another neighbor to go get her out of her house.....come on a 5 year old watching a 2 year old . maybe some intervention by child protective services

And please tell me where were the PARENTS when their kids age 5 and 2 were outside crossing a street???? somethings missing here

Parents shouldn't let there kids place in front of other peoples houses. Granted I am glad the little one is ok though

my thought and prayers are with you and your family. This accident is a tragedy and does happen more frequent than it should. Ronnie keep your chin high. your little boy has great strength and will heal!!
darcy

That's weird the Neighbor would pull out even if the boy stopped. Why would they not wait (especially for really young kids)for the child to completely clear their drive/property area? MORE IMPORTANTLY, why wasn't the parent with the children? That's some neglect. You can't just sit on your butt and watch your toddler/preK children ride off past your property. I'm guessing the parent won't press charges because they were neglectful. Hope this is an eye opener!

Oh my goodness! I hope that little boy is going to be all right.