Posts Tagged ‘personal injury’

Head Injuries and Traumatic Brain Injuries are Common Results of Motorcycle Accidents

There are many inherent risks in motorcycle riding, as anyone who owns a motorcycle knows all too well. The greatest among these risks are head injuries, such as traumatic brain injuries suffered in motorcycle accidents. Such injuries can happen regardless of helmet wear, although wearing a protective helmet can certainly help reduce the severity of outcome. Wearing a helmet can even prevent traumatic brain injury in some circumstances.

Brain injuries are unique among injuries commonly suffered by the body, in that the brain is one organ that does not heal well. Broken bones, abrasions, contusions and other injuries of these types of accidents can heal, while brain damage can seriously impact an individual’s quality of life for as long as they live. In many circumstances, motorcycle riders are at first unaware that a brain injury has even occurred.

A motorcycle brain injury can be similar to the type of head injury suffered by actress Natasha Richardson, who was believed to be fine after head trauma suffered in a skiing accident. But she had received a traumatic brain injury that worsened within hours and took her life later that same day.

Whenever you are involved in an accident, such as a motorcycle accident that causes injury, it is important that you seek the consultation of a phoenix personal injury lawyer. You need help dealing with insurance adjusters to ensure you receive the full compensation you should, as part of an accident and personal injury claim.

What Is a Brain Trauma Lawyer?

A brain trauma lawyer is a personal injury attorney who has experience in dealing with insurance claims following brain injury sustained during a motorcycle accident. When you are the victim of a motorcycle accident that is no fault of your own, any injuries you sustain – such as a head or traumatic brain injury – will cause substantial expense in regard to medical treatment costs, imaging studies, property damage, lost income, and other damages. Insurance companies often try to quickly settle these types of insurance claims for lower than the victim deserves or needs to cover the lifetime of expenses that result from such injuries. A brain trauma lawyer will help you after your motorcycle accident, to ensure you are not taken advantage of by insurance adjusters and that you gain the full amount of recovery that you need.

About Traumatic Brain Injury

Traumatic brain injury is more common than you may realize. Such injuries common to car and motorcycle accidents, as well as sports participation, can range from mild to severe. TBIs, as they are known, cause immediate changes in everyday life for most victims. A TBI can seriously alter daily living and may result in permanent loss of functioning. A TBI is the most severe injury the brain can suffer and is often the result of a head impact. During that impact the brain actually jars, moves or twists within the protective skull.

In many ways, your brain defines who you are and charts the course of your future. When you lose functioning of one or more areas of your brain, you can suffer tragic alterations to your life. You will incur hefty medical costs, loss of wages, and possibly even long-term damages such as home health care expenses.

Traumatic brain injuries can cause any or all of the following immediate effects:

  • Loss of consciousness
  • Loss of sensory perception
  • Vision changes, loss, or blurring
  • Light intolerance
  • Attention deficit
  • Concentration problems
  • Memory loss or lapses
  • Speech problems, such as slurring
  • Problems with reading, writing and other forms of communication
  • Difficulty understanding others’ speech or communications
  • Seizures or seizure disorder
  • Hearing loss or sensitivity
  • Sleep disorders, such as insomnia
  • Appetite changes
  • Paralysis
  • Emotional problems
  • Coma
  • Loss of daily or essential functioning

There are a host of issues that traumatic brain injury can cause after a motorcycle accident. Any of these changes or others after your accident qualify you for recovery of damages from the at-fault driver.

After-Effects of TBI: Chronic Traumatic Encephalopathy (CTE)

Anyone who suffers a TBI, such as in a motorcycle accident, may develop a progressive brain disease called Chronic Traumatic Encephalopathy (CTE). This disease is most well known as causing the degeneration of motor skills, communication and functioning of sports figures and athletes, such as football players and boxers. A brain autopsy after death is how the condition is most accurately diagnosed, although many people can be presumed to have the condition if they have suffered degeneration of capabilities or functioning after a TBI.

Symptoms of Chronic Traumatic Encephalopathy include:

  • Confusion
  • Memory problems or loss
  • Paranoia
  • Impulse control problems
  • Behavioral issues
  • Depression
  • Aggression
  • Other signs

Patients with CTE or any of these symptoms after TBI often require ongoing medical care, including treatments, diagnostic imaging studies and even long term care. Symptoms may appear quickly after a TBI or may not appear until decades later.

How a Motorcycle Accident and Brain Trauma Lawyer Can Help

An experienced brain trauma lawyer with knowledge of your state’s personal injury laws can help you recover the compensation needed for medical bills, lost income, property damage, life care expenses and other damages associated with the motorcycle accident.

Demon Speeding and Its Hellish Repercussions

demon speeding

Have you ever been pulled over for speeding only to notice cars passing you at a speed noticeably higher than the posted limit?  Frustrating, isn’t it.  Speeding seems to be an ongoing epidemic on our roadways, difficult to control and impossible to stop completely, even with hefty fines. Speeding is one of the most prevalent factors contributing to traffic crashes in the U.S.  According to the National Highway Traffic Safety Administration (NHTSA), speeding accidents occur when a driver has been racing, driving too fast for conditions, or exceeding the posted speed limit.  Just because your car is fully equipped with the top of the line safety gear or your speedometer indicates that your vehicle has the ability to handle over 90 mph, doesn’t mean you should test either one.

A Driver Profile: The Speeder

The age old question is “Why do drivers speed even though they know it’s dangerous and illegal?”  It’s fair to say that all drivers have sped at one time or another, intentionally or unintentionally.  You’re out on the open freeway, in the middle of nowhere.  There are no cars or people for miles around or so it seems.  Even on those desolate stretches of highway, a patrol officer may find you and ticket you for driving above the posted speed limit.  Your excuse may vary, depending on what kind of driver you are.  If you are a thrill seeker, infamous for rarely driving the speed limit, who loves the feel of a dangerous high speed, you probably don’t have a valid excuse (or even attempt to make one) when you’re caught by the highway patrol.  If you consider yourself a law abiding, rule following driver, you most likely use the cruise control on long stretches of road and only speed when you are lost in the moment of the beautiful scenery or lost in the chapters of an audio book.

Despite numerous images and stereotypes, there is no particular driver who speeds.  Sure, there may be some truth (and coincidence) that a young driver, who navigates a sporty red car, has higher rate of speeding violations than the older driver who drives below the speed limit because his eye sight is failing and his car might be older.  But when you stick to the speed limit, while driving, watch the people passing you and you may be surprised by your observations.  Speeders are young and old, male and female, and drive luxury cars and clunkers. (Note: Don’t get too immersed in your observations; keep your eyes on the road).  Drivers, who are full of excuses and hard to change behaviors, are more likely to be involved in a speed related crash.  Drivers speed for numerous reasons, including but not limited to:

  • Drivers are in a hurry, rarely leaving extra time for traffic, weather, or other factors
  • Drivers are inattentive to their driving.  Many are too distracted to pay attention to the primary task of driving while other drivers spend so much time behind the wheel that they almost become “robotic”, unaware of their driving habits and behavior.
  • Drivers have the “Mightier than Thou” attitude.  They don’t take traffic laws seriously or they don’t think the laws are applicable to them.  Traffic laws do not offer exceptions.
  • Dangerous drivers rarely notice or admit to dangerous driving.  Chances are, if a driver knew that their driving was problematic and potentially fatal, they wouldn’t take such risks.  Our roadways are full of drivers in a state of denial.

Stop the Speeding Before it Starts          

Sometimes sharing the facts, can offer as a scare tactic or encourage drivers to change dangerous driving behaviors.  According to NHTSA, speeding is one of the most dangerous driving habits to have.  Not only does speeding increase the risk of an otherwise preventable accident, but speeding:

  • Reduces a driver’s ability to steer safely around curves or objects (similar to the navigational skills of an impaired driver.
  • Extends the distance required to stop a vehicle in emergency situations (such as a car braking in front of you or an animal or pedestrian who ran onto the road).
  • Decreases the effectiveness of safety restraints such as airbags and seatbelts.
  • Increases the probability of death over speeds of 50 mph.
  • Makes it difficult for other drivers to judge how fast you are driving.

So, what happens when the facts aren’t enough to change the horrible habit of speeding?  That’s when the authorities step in and try to make some changes with the help of tools like speed cameras.  In large cities, where law enforcement is already delegated to other areas, speed cameras are a valuable tool to monitor speeding while taking care of the problem.

In an attempt to cut down speeding and potential accidents in Chicago, speed cameras were installed as a “practice run”.  In just 40 days of monitoring, the cameras, located throughout different areas of the city, caught 204,743 speeders.  Over 77,000 motorists were caught driving at least 11 mph over the speed limit while over 126,000 drivers were going between 6-10 mph over the speed limit.  If the city would have handed out tickets, rather than warnings, the total collection would have equaled $12.2 million.  While currently there is controversy whether or not Chicago will enforce ticketing via speed cameras, it’s clear that speeding is a problem.

Speeding kills, it’s bad for your car, it’s dangerous to your health, it makes our roadways more dangerous, and it rarely gets you from point A to point B any quicker.  If you have a “lead” foot, consider changing the way you drive.  Slow down, enjoy the scenery, save some gas, and nothing else changes your behavior, think of all the cash you’ll save by not paying the hefty fine of speeding ticket!

Injured…. When Should You Sue?

injured


Judy was shopping at her local supermarket and heard “Clean Up in Aisle 2” over the intercom.  As Judy headed down Aisle 2, she was impressed with how quickly the maintenance crew cleaned up the mess and surrounded the area with proper signage.  Judy continued through the store, hitting up the frozen foods section next.  Suddenly, Judy slipped on a puddle, causing her to lose her footing and hit the hard floor.  Judy bumped her head and hurt her shoulder, but got up quickly as she was embarrassed.  Judy, fortunately, had not received a concussion, but had severe shoulder pain.  Judy looked around for wet floor signs, but did not see any.  Judy could barely see the puddle of water, but noticed that it came from underneath an upright freezer full of ice cream.  When Judy talked to the store’s manager, he apologized and said that they were planning on fixing the freezer, but hadn’t got around to repairing the leak.  Judy asked him why there was no caution sign by the freezer; the manager had no good answer.  When Judy left the store, she realized her pain was worse than she initially thought.  Her doctor’s diagnosis found a small fracture in her shoulder.  Judy understands that accidents happen, but she would like to sue the store for her injuries.  How long should an
injured individual wait before they sue?

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