Brain Injury Accidents

Traumatic Brain Injury A blow to the head, a frequent occurrence in a motor vehicle accident, often results in a concussion and sometimes in a traumatic brain injury (TBI) which can totally or partially incapacitate the victim. Until now only specialists were trained in the treatment of TBI, and as a result many patients did not receive prompt and appropriate treatment resulting, in some cases, to unnecessary long-term complications and disability. Now the Obama administration in partnership with U.S. medical schools will begin to include information on the diagnosis and treatment of TBI in their curriculum. So far 105 medical schools and 25 osteopathic colleges have promised to make traumatic brain injury a part of their curriculum. Suffering a TBI can never be good news, but at least now there may be more hope for light at the end of the tunnel.

Dog Bites

Dog Bite Statistics According to the Insurance Information Institute it cost insurers $412 million for dog bites in 2009, an increase from $387.2 the previous year, making that five consecutive years of increases. The number of claims, 16,586, was up 4.8 per cent from 2008. Statistically nearly 4.7 million people are bitten by dogs each year, 15 to 20 people are killed and 50% of dog bite fatalities are children under 10 years old. Approximately 100 children are bitten by dogs every day in the U.S. and about 92 of these children will need medical attention. In a more recent report DogBite.org, a national dog bite victims’ organization devoted to reducing serious dog attacks, presented statistics for 2011 including 31 fatal dog attacks in that year. Of these fatal attacks 67 per cent were by pit bulls even though pit bulls account for only 5 per cent of the total U.S. dog population. Rotweilers accounted for another 13 per cent. Interestingly, somewhat at odds with the Insurance Information Institute’s report, 70 per cent of pit bull victims were between the ages of 32 and 76, and there were 7 cases of pit bulls killing their owners. Texas and California had the highest number of fatal dog attacks. Although dog bite injuries are small in number compared to motor vehicle accidents, nevertheless the numbers are substantial, and Lowry & Associates has been successful in bringing in fair compensation for many dog bite victims over the years.

Bicycle vs Tractor-trailer

Bicyclist Wrongful Death Following a seven-day trial in the federal court in New Hampshire, the jury awarded $8.5 million to the family of a bicyclist who was killed in August, 2008, when he was run over by a tractor-trailer on a rural road in Porter, Maine. The bicyclist was traveling on the right side of the road as he approached a curve to the left. The tractor-trailer, traveling in the same direction, pulled into the left lane to avoid the bicycle, but when confronted with a pickup coming in the opposite direction pulled back to the right to avoid a head-on collision. The bicyclist was forced off the pavement, lost control of his bike, fell back onto the roadway, was run over by the rear tires of the trailer and died instantly. The jury determined that the driver of the tractor-trailer was negligent in attempting to pass on a curve with insufficient visibility ahead, and rejected the defendant’s claim that it was a safe and reasonable place to pass. The jury also rejected the testimony of the state police accident reconstructionist who said that the main cause of the accident was the condition of the shoulder of the road which caused the decedent to loss control of his bicycle. The 38-year-old decedent was an experienced bicyclist, a college graduate and owned his own contracting business. At the time of his death he was in excellent health and left a wife and two minor children. After four hours of deliberation the jury awarded $3.5 million for lost wages and earning capacity and $5 million for loss of consortium for the surviving spouse and children. If the case had been brought in Maine where the accident occurred, the law would have limited the amount of the award for loss of companionship (the legal term is consortium) to only $500,000. The law in New Hampshire appears to have a similar restriction on damages for loss of consortium as Maine, so it is likely that the amount of the award will have to be reduced. The difference between how a jury values loss of a loved one and the limited amount set by the legislature is troubling. I would submit that a jury of ordinary citizens with access to the facts of each case is better equipped to reflect the values of the community than lawmakers sitting in the state capital considering only a theoretical case and responding to the pleas of insurance industry lobbyists.

Death AND Taxes

Tax Time = More Highway Fatalities I hope that all my readers have survived tax day which fell this year on Tuesday, April 17 due to celebration of Patriots Day in Maine and Massachusetts. It is a bit surprising, but actually makes sense when you think about it, that new research shows that there is an upswing in fatal traffic accidents on tax filing day. According to a report published in the Journal of the American Medical Association deaths from highway accidents were, on average, 6 percent higher on each of the tax filing days in the last 30 years compared to a day during the week prior and a week later. The study looked at data from the IRS and the NHTSA from 1980 to 2009 and showed that there was an average of 226 fatal crashes for each of the 30 tax days, but only 213 for the 60 control days. According to Donald Redelmeier, a professor of medicine at the University of Toronto and the lead researcher, the findings suggest that stress, lack of sleep, alcohol use and less tolerance of other drivers contribute to the increase of deaths on tax day. Interestingly Professor Redelmeier noted that an increase of risk of this magnitude is about the same as Super Bowl Sunday, a time notorious for drinking and driving. Although there has long been speculation that stressful deadlines can contribute to driver error and fatal crashes, this is the first study to confirm that psychological stress contributes to real world accidents. Everyone agrees that people should observe obvious safety precautions such as buckling up seat belts, obeying the speed limit, avoiding alcohol, minimizing distractions and refraining from driving recklessly, but when people are under stress they frequently forget to do these common sense things. With tax day just behind us, we have another year to think about being more careful next April 15th.

Highway Construction Hazards

Roadwork Accidents

A New York Times piece last December reported that hazards related to highway work result in about 160 deaths and 11,000 people injured every year. This is an area where there are only loosely enforced standards at best with no uniformity among the various states. Because federal regulators do not track the ways that highway hazards cause accidents or attempt to determine when contractors and state highway planners are at fault, work zone crashes are often under-reported or inaccurately reported.

The problem is taking on increased significance as a result of the federal stimulus which has launched a nationwide boom in highway construction.

Because of this lack of attention to highway construction safety it is often difficult to prove a case of negligence against a contractor and even more so against a municipality or a state agency. It takes attention to detail and a lot of hard work to make sure that someone who has been injured at a highway construction scene is properly compensated.

My firm, Lowry & Associates, has been doing this work for many years, so we are fully aware of the ins and outs of making these cases successfully, and we are ready to put our experience to work for our clients.

Underflated Tires

Check Your Tire Pressure to be Safe

According to recent research nearly half of cars on U.S. highways may be on tires that are underinflated. An underinflated tire causes additional friction and flexion in the sidewall which causes excessive heat to build up in the tire which could lead to tire separation or tire failure leading to a blowout with the potential for a collision or even a rollover. Even without tire failure a vehicle may “wallow” on underinflated tires which causes a loss of control as well as causing the vehicle to ride slower and get lower fuel economy.

It is impossible to determine tire pressure accurately by a visual inspection. Modern radial tire design results in slight bulging even when properly inflated. A regular check with a pressure gauge, preferably monthly, is recommended. The manufacturer’s recommended tire pressure can usually be found in the glove box, on the doorjamb or on the fuel tank door. The pressure reading and any corrections should be taken while the tire is still cold before starting to drive or after having driven no more than a mile or two.

Not all tire failures are caused by improper inflation. A tire may have left the factory with a hidden defect, so whenever an accident happens because of a tire failure, a personal injury lawyer should be consulted to see if an investigation of the underlying cause of the accident is indicated.

Impaired by Legal Drugs

Driving While Impaired

We are all aware that consumption of alcoholic beverages can impair the ability to drive and can lead to accidents and injuries. It is also well recognized that taking illegal drugs can produce the same result, and there is nothing unusual about an operating under the influence (OUI) conviction based on illegal drug use.

In a recent case, however, the Maine Supreme Judicial Court upheld an OUI conviction based on the ingestion of prescription drugs thus making it clear that there is personal responsibility for operating a vehicle free of impairment without regard to the cause of impairment.

In the case decided by the high court the defendant admitted that he had been taking prescription drugs a few hours before being arrested. He was observed operating at an excessive speed, was unable to perform three field sobriety tests and was positive on a test for drugs in the urine.

Although the finding was not unexpected, it is a comfort to those on the highways to know that this menace to traffic safety will not be tolerated.

www.lowrylaw.com

Safety Tips for Bikers

Safety Tips for Bikers

To protect against motorcycle accidents, often caused by the inattention of motorists, all motorcyclists should be defensive drivers and take extra safety precautions to avoid crashes. The fault may lie with the other driver, but it is the person on the motorcycle, driver or passenger, who ends up with the serious injury in a collision.

Being constantly super-alert and aware of traffic nearby is the most important safety precaution, but here are some simple measures which all bikers should take:

• Hold the bike with your legs, not your arms.

• Do not tailgate or ride between the lanes.

• Use your signals.

• Anticipate what cars ahead of you may do by looking forward and ahead

• Never drive beside a big rig

It would be just fine with us at Lowry & Associates if there were no need for our services because no more bikers were getting hurt, but if an accident does happen, then we are here to make sure that the victim receives a fair recovery.