4-year-old killed in 'tragic accident'

KOKOMO, Ind. (WISH) - A Kokomo family grieves for a four-year-old girl after her grandfather accidentally ran over her.

The tragic incident happened Sunday morning in the parking lot of Centro Cristiano Adonai Church.

Police said Jesus Martinez didn't see his four-year-old granddaughter Beatriz Arreola standing in front of his minivan when he put the van in drive and rolled over her.

"The four-year-old had apparently traveled to the church with an uncle, but once church services were over she apparently went to her grandfather's minivan and stood at the front bumper," said Sheriff Marshall Talbert of the Howard County Sheriff's Department.

Church members of the congregation witnessed the accident. They rushed to help get the van off Beatriz by using a jack, but by that time it was too late.

In May of 2005, 24-Hour News 8 reporter Gene Rodriguez did a story on the dangers of blind-spots in larger vehicles such as, SUVs, trucks and vans.

Since that story aired, more than 700 American children died in non-traffic accidents on private property. So far this year there has been 116 deaths.

Janette Fennell with Kids and Cars has lobbied for legislation that protects children.

"We know that as many as two children every week in the United States are being backed over and killed," said Fennell.

In this most recent case, it was a front over accident. And according to Kids in Cars between 2002 and 2006 there were 128 fatal front over accidents in the U.S.

"Often times when you step into a vehicle you are looking inside the vehicle and then as you take your seat look out drive forward he probably never saw her there," said Sheriff Talbert.

Martinez tested negative for drugs and alcohol. The sheriff said this was just a tragic accident and Martinez won't be charged.

Meantime, recent federal legislation aims to prevent these accidents by creating rear visibility standards for vehicles, requiring the federal government to collect data on non-traffic accidents like these and provide educational programs about these dangers.

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I don't understand why people don't look before they get into their vehicles. I look for animals for crying out loud. Be aware of your surroundings.

Rapids: Family's Weight A Factor In Accident

FAMILY ATTORNEY: RAPIDS RESPONSIBLE FOR POLICING PEOPLE'S WEIGHT

Less than 24 hours after an emergency in the water, the Rapids Water Park in Riviera Beach re-opened for business as usual. Park-goers swarming the slides, enjoying the sun, perhaps not knowing what happened on the Black Thunder yesterday.

An entire family of four, the Lenghan's visiting from New York, rushed to the emergency room after their raft flipped over. Their injuries severe enough that they are still hospitalized dealing with a myriad of bumps, bruises, and cuts. Marc Gottlieb, the Lenghan's attorney said: "The hospital is treating them like they had severe head trauma."

The Rapids went on the defensive Thursday with spokeswoman Tina Hatcher saying: "weight was a factor in the accident that took place." The water park says signs like this one clearly spell out that the weight on the rafts, which can carry up to 4 people, cannot exceed 700 pounds. Hatcher claims ride operators question people if they seem too heavy, but then she said this: "It's the same thing when you go to Disney. They're not going to ask you if your pregnant, do you have seizures or medical conditions? That's why every attraction at every park has signs up at their rides for the rider to read."

The family's attorney, however, told us by phone it's the park's responsibility to police their rules. "When you go to a park like this you are not thinking what your personal responsibility and personal liability is," said attorney Marc Gottlieb. An attorney, not involved in the case, put it this way: "If the ride operator is aware of the fact that participants are not following the rules , it certainly would seem they have some responsibility," said David Sales with Searcy, Denney, Scarola, Barnhart, & Shipley.

We checked in with the state and they say there is no administrative code that deals specifically with enforcement on water slides.

But the Bureau of Fair & Ride Inspections is fully investigating this accident. They plan to look into what the water slides manufacturer recommends for proper protocol.

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THE FAMILY WANTS TO SUE BECAUSE THE RIDE OPERATOR DIDN'T ASK THEM HOW MUCH THEY WEIGH? WHEN THERE ARE SIGNS THAT CLEARLY STATE THE WEIGHT LIMIT? GET REAL. THESE FAT FOLKS WOULD SUE EVEN IF THE RIDE OPERATOR HAD ASKED THEIR WEIGHT. WHY? FOR OFFENDING THEM. IF YOU KNOW YOU ARE FAT, YOU CAN SEE YOU ARE FAT, AND A SIGN CLEARLY GIVES A FAT LIMIT, DON'T OVER FAT IT. YOU TOOK A RISK BUDDY AND LOST. BE A MAN (OR WOMAN) AND BUCK UP AND DEAL WITH THE CONSEQUENCES OF YOUR ACTIONS.