Friday, September 5, 2008

Automobile Accidents: Uninsured or Underinsured Drivers

When a driver is in an automobile accident with another driver who has insurance with proper coverage, recovery for damages is generally straightforward. However, not every driver carries automobile insurance, which is in violation of state compulsory automobile insurance laws, or has the proper coverage. People do drive vehicles without insurance and are cause an increasing number of accidents each year. When an automobile accident involves an uninsured/underinsured motorist, recovery for damages becomes more difficult. An uninsured motorist refers to a person who is the driver responsible for causing the automobile accident (the at fault driver) and has not insured their vehicle. An underinsured motorist refers to a person who is the driver responsible for causing the automobile accident (the at fault driver) and has insured their vehicle but at limits that are insufficient to cover all of the damages sustained in the automobile accident.

If a driver is involved in an automobile accident with another driver who is uninsured or underinsured, the driver would be compensated by their insurance company if they had purchased uninsured/underinsured motorist coverage in their insurance policy. This covers property damage--such as car repairs, bodily injury--such as medical expenses, and other compensatory damages--such as pain and suffering. Uninsured motorist coverage also comes into play when injuries are sustained due to a hit-and-run automobile accident. Uninsured/underinsured motorist coverage can also be used if a person is hit by a vehicle as a pedestrian.

It is extremely risky to drive without insurance or without proper insurance, so always be sure that your insurance is up to date and covers all of your motor vehicles' needs. If you are properly covered, then your insurance should cover the costs of an accident, should you be at fault. If the other driver is at fault, then their insurance should pay. However, in the case that the other driver does not have insurance or their insurance isn't sufficient, it is wise to have an insurance plan that covers you even if you are hit by someone without insurance.

Although a driver can possibly sue a uninsured/underinsured motorist if their insurance does not include uninsured/underinsured motorist coverage, there is no guarantee that the uninsured/underinsured motorist will have the money or assets to pay the judgment. Therefore, including uninsured/underinsured motorist coverage in an insurance policy simply makes sense.

If you have been in an automobile accident and have suffered injuries, you may have a legal case. If you would like to contact a lawyer, please use the Find Attorney button at the top of the page.

LegalView.com is your source for everything legal on the web, and represents a comprehensive legal database for all of your legal needs. Visit us at http://www.legalview.com for information on the latest litigation issues and recalls.

Common Sense Can Prevent a Bicycle Crash

Annually, about half a million bicycle related injuries occur. In addition, according to the National Highway Traffic Safety Administration, a bicyclist is killed approximately every six hours. However, most bicycle crashes are predictable and preventable by using proper precautions on the part of both the bicyclists and motorists.

Types of Bicycle Crashes

Falls and Collisions

Over 50 percent of bike crashes are the result of falls. Falls commonly occur either when the front wheel suddenly stops moving or when the rear wheel slides out. The front wheel can stop if it falls into a road defect, such as a crack or drain grate, or if the front brakes are applied very hard. Rear wheels can skid out when turning on gravel, sand, ice, metal surfaces, or any slippery surface.

After falls, the most frequent type of bike accidents are collisions with a stationary object, such as trees. Falls and collisions with fixed objects account for about 75 to 80 percent of all bicycle crashes.

Car-Bicycle Crashes

Car-bike crashes account for between about ten to 15 percent of bicycle accidents but result in the largest number of fatalities. Most of these accidents occur when either the bicyclist or the motorist is turning or crossing at an intersection or driveway. Other car-bike crashes occur when the bicyclist is not obeying traffic laws and is cycling on the wrong side of the road or running red lights.

Bicycle Crash Injuries

Injuries from bicycle crashes are most often to the limbs, and include fractures, abrasions, and lacerations. Fractures account for about 25 percent of bike crash injuries, and facial injuries account for about one third of injuries. The most severe and disabling injuries are brain injuries, which can result in a permanent disability. Head injuries are also more likely to be fatal.

What To Do When In a Bike-Car Crash

To the extent possible and practical to avoid further accidents or injuries after a bicycle crash, do the following:

* Do not move if you are seriously injured. Wait for medical help.

* Accept medical help, even if you do not feel severely injured.

* Wait for the police so an accident report can be filed with statements from witnesses, and the at-fault driver, and the crash scene investigated.

* Leave damaged property and equipment as it was until police arrive.

* Contact a personal injury lawyer who understands bicycling.

Bicycle Safety and Crash Prevention

Not surprisingly, helmets can protect again head injuries - both brain injuries and upper facial injuries. Studies show that about 75 percent of bicyclists who were severely brain injured were not wearing helmets. To provide proper protection, helmets must be fitted correctly.

Although helmets can protect against head injury, they do not protect from getting hit by cars! To help prevent personal injury, bicyclists must use common sense and remain alert when cycling on roads to avoid crashes with cars. Although drivers should be more attentive to the presence of bicyclists, the odds of injury favor the bicyclist. This is why it is so important to follow some basic common sense prevention guidelines which include:

* Follow the law - ride on the right side of road; stop at stop signs and red lights; use a headlight at night (also beneficial in the day).

* Avoid stopping in the blind spot of a car at a red light. You can be hit if it turns right and you go straight.

* Use a bell or horn to signal or alert drivers of your presence.

* Use a headlight and a rear light, especially at night.

* Use a mirror to glance at traffic behind, especially when approaching intersections.

* Be attentive and alert to the cars. Watch for left turning cars crossing in front that may not see you, and pay attention to parked cars for which a door may open.

* Slow down so you can stop quickly if necessary.

* Avoid riding on sidewalks.

* Avoid busy streets, especially as a novice rider.

If you have been injured in a bike crash, you may be eligible for compensation. Contact an experienced bike accident attorney for more information on a potential bike injury claim.

LegalView.com is your source for everything legal on the web, and represents a comprehensive legal database for all of your legal needs. Visit us at http://www.legalview.com for information on the latest litigation issues and recalls.

Airbags: Safety Device or Safety Hazard

Drive, she said. Get behind the wheel of a car or SUV and you probably have many things on your mind. Airbags is not one of them.

Most of us automatically trust that the brand of car we purchased whether new or used will transport us from one place to another. Airbags are just not under scrutiny. Since airbags are invisible, we put them out of sight, out of mind until an airbag deploys when we drive over a bump; slam the door too hard; or an airbag fails to deploy when we're in an accident and need it most; or when the airbag does deploy, we or our children and other passengers are gravely injured.

Now if you haven't thought about airbags before -- here are a few things to consider: Airbags detonate with around 2,000 pounds of force at speeds that can exceed 200 miles per hour. Airbags were developed for the average 5-foot 8-inch, 180-pound male. If you're shorter and heavier or shorter and weigh less or taller and heavier and sit closer to the steering wheel; you will have to take your chances. Hopefully, you don't have a heart condition or osteoporosis as an exploding airbag can be fatal.

What vehicles have been recalled for airbags?

You name it and it most likely has been recalled. Since 1997, at least 3,000,000 vehicles have been recalled due to airbag related problems with BMW 3-series, Chevrolet Silverado, Hyundai Sonata, Ford Focus, Scion TC, Nissan 350Z, 720,000 GM recalls, Toyota Camry 2007, Saturn, and Volvo.

Of course, airbag problems are not detected until it's too late.

What are injuries sustained by airbags?

Though rare, serious or fatal injuries can occur when the driver or passenger is very close to or in direct contact with an airbag module when the airbag deploys. Brain injuries can happen to unconscious drivers who slump over the steering wheel or improperly restrained occupants who slide forward in the seat during pre-crash braking, and even properly restrained drivers who sit too close to the steering wheel. Side-impact crashes are three times more likely to suffer a traumatic brain injury than people involved in head-on or other types of collisions. Brain injuries from side-impact crashes are usually more severe.

Crashes on the side of a vehicle cause 10,000 deaths each year in the United States.

Data came from real accidents, rather than from crash tests with dummies. The difference is critical because it's difficult to accurately simulate a brain injury in a dummy. One of the most common causes of damage to the brain is trauma from a blow during a car crash.

Other airbag injuries from being hit by an airbag or exposed to its contents include eye injuries such as blunt trauma to the eye causing corneal abrasions, sub-retinal hemorrhage, blurred vision, retinal detachment. Chemical injuries include burns to the face and other parts of the body as well as breathing and asthma problems gases emitted from the airbag. Facial scarring may be caused when by an exploding airbag driving or grinding broken glass into the victim's face or upper body.

What can you do about an airbag complaint?

As a consumer you have the right to file an airbag complaint with the National Highway Traffic Safety Administration. The complaint information will be entered into NHTSA's vehicle owner's complaint database and used in conjunction with other complaints to determine if a safety-related defect trend exists.

Do you have an airbag failure lawsuit?

If you or a loved one has been seriously injured by an airbag or a family member has died from an airbag injury, contacting a law firm about filing an airbag lawsuit is the sensible thing to do.

LegalView.com is your source for everything legal on the web, and represents a comprehensive legal database for all of your legal needs. Visit us at http://www.legalview.com for information on the latest litigation issues and recalls.

Dangers Associated with the Welding Profession

According to the U.S. Department of Labor (DOL), welding, soldering, and brazing workers are frequently exposed to a number of hazards, including the intense light created by the arc, poisonous fumes, and very hot materials. During the period from 1992 to 2001, fatal occupational injury rates for welders and cutters were 1.7 to 3.3 times greater than injury rates for all other construction workers. Rates for welders and cutters showed an increasing trend, from 23.7 per 100,000 full-time workers in 1992, to 45.4 in 1997. The fatal injury rate of 39.9 per 100,000 full-time workers in 2001 was 3 times the rate for all construction workers and represented a 68% increase from 1992.

If an employee currently works, previously worked, or is in an area where industrial welding is being performed, chances are the employee was exposed to welding rod fumes. Recent medical research suggests that exposure to welding fumes may lead many health problems, including two serious illnesses, Parkinson's disease and Manganism. There are many court cases pending regarding this exposure, the hazards involved and the health impact on employees.

For example, in early September 2005 a Mississippi shipyard worker who claimed his neurological problems were caused by inhaling fumes from welding rods concluded his lawsuit by settling with the final two welding company defendants in his case. The worker's lawsuit against the two welding manufacturers was scheduled for trial the following week. The lawsuit was settled for more than one million dollars.

As stated, the two diseases most commonly reported in medical research from the exposure to welding fumes are Manganism and Parkinson's disease. A description of each of these diseases follows:

* Manganism, also known as secondary Parkinsonism, is a condition that develops when excessive levels of manganese injure that portion of the brain that controls body movements. Symptoms of this condition include fatigue, headache, slow or slurred speech, poor memory, impaired balance and tremors, delusions and hallucinations, disorientation and/or difficulty walking.

* In addition to Manganism, recent studies have found that exposure to manganese fumes is associated with the early onset of Parkinson's disease. In fact, research conducted at the Washington University School of Medicine found that welders developed symptoms of Parkinson's disease an average of 15 years earlier than the general population.

* Parkinson's disease belongs to a group of conditions called motor system disorders, which are the result of the loss of dopamine-producing brain cells. The four primary symptoms of the disease are tremor or trembling in hands, arms, legs, jaw, and face; rigidity, or stiffness of the limbs and trunk; slowness of movement; and postural instability, or impaired balance and coordination. As these symptoms become more pronounced, patients may have difficulty walking, talking, or completing other simple tasks. Early symptoms of the disease are subtle and occur gradually. Other symptoms may include depression and other emotional changes; difficulty in swallowing, chewing, and speaking; urinary problems or constipation; skin problems; and sleep disruptions.

Employees that have been involved in welding, or who have worked for long periods in areas where welding work was being performed, and have a number of the symptoms listed above, should seek legal guidance. It is necessary to study work history records and evaluate medical records to determine whether there may be a valid claim against the manufacturers. Potential claims are subject to statute of limitations.

LegalView.com is your source for everything legal on the web, and represents a comprehensive legal database for all of your legal needs. Visit us at http://www.legalview.com for information on the latest litigation issues and recalls.

What is Anoxic Brain Injury


Traumatic brain injury can damage the brain, but acquired brain injury can also cause permanent brain damage through anoxic brain injury. Anoxic brain injury occurs when the brain does not receive oxygen due to an interruption in blood flow or breathing, or some toxin prevents blood from being delivered to or used by the brain. The lack of oxygen results in cell death. The level of injury is determined by how long the brain is deprived of oxygen. Brain cells begin to die after four minutes. Permanent injury can take place in five minutes.

With anemic anoxia, the blood is unable to carry enough oxygen to the brain. Toxic anoxia is the result of toxins that block oxygen in the blood from being used by the body. With anoxic anoxia, no oxygen is being supplied to the brain because breathing has stopped or blood flow is impaired. Hypoxic brain injury occurs when the brain's oxygen supply is reduced, rather than cut off completely.

Anoxic brain injury is an acquired brain injury, rather than a traumatic brain injury (TBI). TBI occurs when an outside force impacts the head hard enough to physically injure the brain. Anoxic brain injury leads to a change in the activity of the neurons, which can produce varying types and levels of impairment. Because the brain damage occurs at a cellular level, rather than to a specific area as with traumatic brain injury, the entire brain can be affected.

Symptoms of Anoxic Brain Injury

Symptoms can be similar to those seen with traumatic brain injury, but some are seen more often, or are more pronounced, in someone with an acquired brain injury. These can include:

* Loss of consciousness;

* Seizures;

* Impaired cognition, especially memory and attention span;

* A longer time in a coma or vegetative state;

* Significant behavioral changes, including depression, restlessness and hostility; and

* Impaired motor control.

A mild to moderate anoxic brain injury can produce headaches, confusion, mood swings, decreased concentration and attention span.

Causes of Anoxic Brain Injury

Anoxic brain injury can be caused by a variety of factors, including:

* An obstructed airway, as with choking or strangulation, a severe asthma attack or allergic reaction, or trauma to the head, neck or chest;

* A near-drowning;

* Electrocution/lightning strike;

* Severe bleeding;

* Heart attack, stroke or aneurysm;

* Exposure to toxins through illegal drug use, carbon monoxide poisoning, lead poisoning, etc.; or

* Some diseases, including meningitis, tumors, hypoglycemia or hyperglycemia, hepatic encephalopathy, uremic encephalopathy, etc.

Anoxic Brain Injury: Diagnosis and Treatment

Diagnosis typically begins with a physical exam and an interview, if the patient is conscious. Diagnostic tests such as a CT scan, MRI or EEG (electroencephalogram) may be used to determine the nature and extent of the brain damage.

Immediate treatment is to establish an airway and provide oxygen for the patient. Respiratory assistance, such as CPR or a ventilator, may be necessary. Further treatment options may include the use of barbiturates to slow down brain activity, and steroids or other medications to reduce brain swelling. Treatments to increase the amount of oxygen to the brain, including hyperbaric oxygen therapy, may be used.

Specialized rehabilitation can help, including physical, occupational and speech therapy, as well as neuropsychological counseling for the behavioral and emotional aftermath of the injury; but brain injury is rarely completely curable. Recovery can be a long process that depends on the level of damage, and is often incomplete. Brain damage treatment is typically aimed at improving the patient's quality of life.

If you or a loved one has suffered from an anoxic brain injury or a form of traumatic brain injury, you may wish to consult with an experienced traumatic brain injury attorney. Your TBI lawyer can help you gain access to the resources you need and help you attain monetary compensation for brain injury acquired through negligence or employment.

LegalView.com is your source for everything legal on the web, and represents a comprehensive legal database for all of your legal needs. Visit us at http://www.legalview.com for information on the latest litigation issues and recalls.

Traumatic Brain Injuries and Memory Loss

Depictions of head-injury patients in movies and television almost always show the patient experiencing some type of amnesia, or memory loss. Indeed, memory loss is the most common cognitive side effect of a severe traumatic brain injury. In patients with a milder TBI, memory loss is still one of the most common symptoms. And the more severe the patient's memory loss is, the more severe the brain damage is likely to be.

Temporary Memory Loss and TBI

Some traumatic brain injury-related amnesia is temporary; such patients are usually unable to recall what happened directly before, during and after their accidents. This is often caused by edema, or a swelling of the brain in response to the damage it sustained. Because the brain is pressed against the skull, parts that were not injured are still not able to work. As the swelling goes down, the patient's memory returns, often slowly over a period of weeks, months or even years. Temporary memory loss may also be an emotional response to the stress of the event that caused the TBI.

Other, less common, types of memory loss stemming from traumatic brain injury are fixed. These result from damage to the nerves and axons (connections between nerves) of the brain itself. Because the brain cannot heal itself like an arm or a leg, any function that is damaged during a TBI is permanently impaired unless the brain can learn to perform that function differently. Fixed amnesia may include inability to remember events before the injury, or loss of memory of the meanings of certain things, such as words or smells or objects. Less commonly, a person may not remember skills he or she had before the TBI.

Brain Damage and Anteretrograde Amnesia

A patient with TBI may also develop anteretrograde amnesia -- an inability to form memories of events that happened after the injury. The reason for this is not well understood, but an October 2006 study by researchers at the Children's Hospital of Philadelphia found that TBIs reduce the levels of a protein in the brain that helps it balance its activity. Without enough of that protein, the brain can "overload," the researchers said, interfering with memory formation, particularly the ability to learn new things.

Treatment Options for Traumatic Brain Injury Patients with Amnesia

There is no treatment for memory loss caused by a traumatic brain injury; if the memory does not come back on its own, it is gone forever. However, a September 2006 study published in Neurology, the scientific journal of the American Academy of Neurology, showed promising results in TBI patients with anteretrograde memory loss who took the drug rivastigmine. The drug, which is sold to Alzheimer's disease patients under the brand name Exelon, helped patients with moderate to severe memory loss score better on memory tests than another group of patients that took placebos. The results were not as good for patients who had only mild memory loss. If you suffer from traumatic brain injury-related memory problems, you may wish to contact an experienced TBI attorney to discuss your options, which may include filing a brain injury lawsuit in order to gain compensation for your medical costs.

LegalView.com is your source for everything legal on the web, and represents a comprehensive legal database for all of your legal needs. Visit us at http://www.legalview.com for information on the latest litigation issues and recalls.

Traumatic Brain Injury and Hearing

Because the inner ear is directly connected to the central nervous system in humans, it may not be surprising that hearing problems are common after a traumatic brain injury. Tinnitus, a ringing, roaring or buzzing in the ears, and hearing loss are two of the most widely reported side effects of a TBI. Other hearing-related problems that can stem from brain damage include hyperacusis, in which normal situations seem unbearably loud; difficulty filtering one set of sounds from background noise, such as a conversation in a crowded restaurant; or auditory agnosia (also called pure word deafness), in which the patient is simply unable to recognize the meanings of certain sounds.

Ear Structure and Traumatic Brain Injury

Damage to the ear itself during a traumatic brain injury can cause hearing problems. The inner ear is made of a series of small and delicate membranes and body parts, which can rupture during head trauma. The cochlea, an important spiral-shaped bone inside the ear, may be concussed by a strong blow, causing hearing damage when supporting membranes are torn; patients with cochlear concussions often develop vertigo as well. Another type of membrane damage, perilymphatic fistula, causes hearing loss as well as vertigo and nausea. Surgery may help to correct this type of damage.

Doctors agree that damage to the central nervous system also plays a major role in TBI-related hearing problems, especially those with a cognitive basis. Among many others, a 2005 study by doctors at Haifa University in Israel showed that TBI patients who complained of hearing problems (including tinnitus) had significantly reduced function in a part of the brain that regulates hearing, compared to TBI patients without hearing complaints as well as people without head injuries. A German study from 2004 concluded that post-concussion syndrome led to hearing problems, even a year after the trauma, and that widespread damage to connections between the nerves of the central auditory pathway was probably to blame.

Brain Injury-Related Hearing Loss Takes Toll on Everyday Life

Because hearing loss limits or takes away one of the primary tools humans use to communicate, it has the potential to complicate many of the other side effects of brain damage, particularly cognitive and social problems. For some TBI victims, cognitive issues, such as trouble "finding words," already interfere with their ability to communicate. And inappropriate behaviors are only exacerbated if the patient genuinely cannot hear what is going on.

If You Suffer From TBI-Related Hearing Problems

Some hearing problems disappear a few weeks after the accident that led to the patient's brain damage, but others are lifelong afflictions. Some patients may not even notice their hearing problems until they are diagnosed by a doctor or audiologist. TBI experts, including the National Institutes of Health, recommend that patients who have sustained brain damage consult an audiologist, even if it seems like nothing is wrong. You may also wish to contact an experienced TBI attorney to evaluate your potential brain injury lawsuit and help you secure compensation for your injuries.




LegalView.com is your source for everything legal on the web, and represents a comprehensive legal database for all of your legal needs. Visit us at http://www.legalview.com for information on the latest litigation issues and recalls.