Memorial Day, which will be celebrated on Monday, May 30, 2022, traditionally marks the unofficial start of summer. Summer, unfortunately, becomes a dangerous time of year for young children and cars. Hot car deaths typically occur during the summer months, but can happen anytime a young child is left alone in a vehicle.

According to KidsAndCars.org, hot car deaths happened 23 times across the country in 2021 alone, after children were heartbreakingly left inside hot vehicles nationwide.

The inside of a car or truck heats up very quickly, reaching 125 degrees in mere minutes. A child’s body overheats 3-5 times faster than an adult body, which contributes to the problem.

The National Highway Traffic Safety Administration states that heatstroke can “begin when the core body temperature reaches about 104 degrees. A child can die when their body temperature reaches 107 degrees.”

Missouri law, Section 537.555 RSMo., provides that “A person shall not be held civilly liable for damages resulting from the forcible entry into a vehicle for the purpose of removing an unsupervised minor if such person:

(1) Determines that the vehicle is locked or there is no other reasonable method for removing the minor from the vehicle;(2) Has a good faith belief that forcible entry into the vehicle is necessary because the minor is in imminent danger of suffering harm if not immediately removed from the vehicle;(3) Contacts emergency response personnel including any firefighter, emergency medical technician, law enforcement officer, registered nurse, physician, or first responder prior to forcibly entering the vehicle;(4) Remains with the minor at a safe location reasonably close to the vehicle until emergency response personnel arrives; and(5) Uses no more force to enter the vehicle and remove the minor from the vehicle than was necessary under the circumstances.

Missouri law, Section 568.060.2 RSMo., provides that “A person commits the offense of abuse or neglect of a child if such person knowingly causes a child who is less than eighteen years of age:

(1) To suffer physical or mental injury as a result of abuse or neglect; or(2) To be placed in a situation in which the child may suffer physical or mental injury as the result of abuse or neglect.

This criminal statute has been used to prosecute parents and caregivers in for hot car deaths, as recently as 2019.

Safety Tips

Here are some safety tips to help you avoid leaving a child behind in a hot car:

1. Make sure your child is never left alone in a car.
2. Place the child’s diaper bag or item in the front passenger seat as a visual cue that the child is with you.
3. Make a habit of opening the back door every time you park to ensure no one is left behind.
4. Keep vehicles locked at all times, especially in the garage or driveway.
5. Never leave car keys within reach of children.
6. Teach children to honk the horn or turn on hazard lights if they become stuck inside a car.
7. If you see a child alone in a vehicle, get involved. Call 911 immediately. If the child seems hot or sick, get them out of the vehicle as quickly as possible.

We Can Help

A horrible situation with hot car deaths can become even more so if criminal charges are filed. You need an experienced attorney to defend your rights. At Kennedy, Kennedy, Robbins & Yarbro, LC, you are getting the assistance of experienced attorneys on your side. We know how to protect your rights when faced with these types of charges and the hurdles they present. Contact us or call us at (573)686-2459. We are here for you when you need us.