On behalf of Campbell & Associates | Mar 30, 2020 | Car Crashes
After you were involved in a car crash and suffered a head injury, you discovered what it means to have post-concussion syndrome. Your medical provider told you that you may suffer from the symptoms of this syndrome for a few weeks or months, though some people have it much longer.
You’ve been dealing with symptoms including headaches, irritability and fatigue. You can’t go back to work because it would require you to be on a computer. Combined with your headaches, there’s just no way for you to get work done with this condition. Adding onto that your complete irritability throughout the shift, you worry that returning to work could actually hurt you in the long-term, leading to possible work-related consequences because of your unpredictable behavior.
Living with this condition is frustrating, and it’s something that the other party who harmed you should be held liable for. Depending on the cause of the collision, they could already be facing criminal charges, such as for drinking and driving or for reckless driving causing injuries. On top of that, you have a right to pursue a civil case against anyone who harms you due to their negligent or reckless actions.
When you file a claim for your injuries, should you talk about post-concussion syndrome?
Yes, you should. This syndrome can affect you for quite some time, and it can have lasting implications for your daily life and job. You want to make sure that the other party is held accountable for all injuries that you’ve suffered, even if the syndrome doesn’t appear immediately following the collision. Our website has more on this injury and what you need to do if you’ve suffered as a victim of a collision.
On behalf of Campbell & Associates | Mar 26, 2020 | Personal Injury
As a cyclist, you put your life in the hands of the drivers that you share the road with on every ride. But under New York law if a driver hits you, even if it was their fault, the clothes you wear may diminish your final compensation.
The injury statute in New York makes it clear that if both parties in an accident are at-fault, then the final compensation may decrease. This is comparative negligence. So, even if a driver hits you because they turned right in front of you, they could claim “I didn’t see them because of their clothes” and that might hold weight with the court. So what can you do?
Keep visible
One way to help stay safe – and protect any possible compensation — is to make sure that you’re as visible as possible. What you want is a bright lime-green vest or shirt. That color is right where the colors green and yellow merge into one another on the scale.
Just think about it. That shade of green is often used in logos and branded content. It also shows up on warning signs. Many firetrucks, which are traditionally painted red, are now in this green/yellow instead. The same is true for ambulances and other emergency vehicles.
That’s not to say that colors like red and orange don’t help. You just want to avoid black, gray and other colors that blend in. Anything bright can help. But, if you want to be as safe and as visible as possible, that green/yellow is the color that you want.
Bicycles have a special vulnerability
Of course, even wearing the right colors doesn’t mean you won’t get injured when a driver makes a mistake, and you need to understand your legal options if it happens.
On behalf of Campbell & Associates | Mar 24, 2020 | Car Crashes
With spring on its way, we’re entering heavy weather season. That brings additional hazards to your driving, as weather events can have a major impact on your crash risk.
According to the Federal Highway Administration, nearly 21% of all crashes occur in adverse weather conditions, such as rain, sleet, fog, ice, snow or high winds. About 5,000 people are killed and approximately 418,000 are injured each year, on average, due to bad weather conditions.
Does bad weather exonerate bad drivers? Not at all. Although weather conditions can be challenging, they create the same known hazards over and over. Drivers have a legal responsibility to drive safely for the conditions, no matter what they are. There are reliable techniques for driving safely, no matter the conditions.
What are some known weather-related dangers?
Using a 10-year crash average for the years 2007 through 2016, the Federal Highway Administration estimates the most dangerous driving conditions. Somewhat surprisingly, the most dangerous is simply wet pavement:
- Wet pavement: 15% of all crashes
- Rain: 10% of all crashes
- Snow/sleet: 4% of all crashes
- Snow/slushy pavement: 4% of all crashes
- Icy pavement: 3% of all crashes
- Fog: 1% of all crashes
One of the reasons wet pavement is so dangerous is that water mixes with the oil and grease already on the roadway to create a super-slick mix. Another reason may be that people don’t perceive wet pavement as very threatening.
Slow down. The most important lesson for driving safely in poor conditions is to slow down. This may help you prevent a crash altogether, and it can definitely reduce the seriousness of a crash.
Avoid driving through water of unknown depth. If you can’t see how deep a puddle is, you don’t know if it will be too deep for your car. It could flood your engine, impair your brakes and lead to hydroplaning, where a layer of water comes between your tires and the pavement.
Avoid potholes. It may seem obvious, but a large pothole can do serious damage to your vehicle, including disabling it in the roadway.
Keep your tires properly inflated. Having full tires is safer and can reduce the damage caused by potholes.
Watch out for warm-weather vehicles and pedestrians. As soon as the snow is gone – and maybe even before – you will see motorcyclists and bikers on the road in the spring. Be vigilant.
Consider your medications. If you take seasonal allergy medicine during the spring, be aware that it could affect your driving. Find out how you react to these medications before you get behind the wheel.
If you are injured in a car crash, contact a personal injury attorney right away for an evaluation of your case.
On behalf of Campbell & Associates | Mar 19, 2020 | Premises Liability
Millions of people 65 and over fall each year, and one out of every five falls causes a serious injury like a head injury or a broken bone. According to the Centers for Disease Control and Prevention, three million senior citizens are treated in the ER each year for injuries caused by falls.
Falls are the single most common cause of traumatic brain injury. More than 95% of hip fractures are caused by falls. Other common injuries include broken wrists, arms and ankles, any of which can be painful and serious.
Did you know that falling once doubles your chances of falling again? Part of the reason is that many older people become so fearful of falling that they give up their everyday activities, but becoming less active can actually increase your chances of a fall.
If you have an older person living in your home or visiting frequently, you need to plan for preventing falls. The good news is that many falls are preventable. Unfortunately, some people are negligent and don’t take the appropriate steps for preventing a fall. That could lead to a premises liability claim.
Don’t let your friend or loved one be injured unnecessarily. Take appropriate steps today to prevent falls in your home.
Understanding the risk factors
Older people are both prone to falling more often and also more prone to injury. Every older person should assess their risk factors and take steps to reduce them. Examples include:
- Vision problems
- Inappropriate footwear
- Difficulty walking or with balance
- Lower body weakness
- Vitamin D deficiency
- Medication side effects, such as with tranquilizers, sedatives and anti-depressants
These risk factors can add up, so it’s important to get the person’s eyes checked, evaluate all medications and work on strength and balance.
Other risk factors can be controlled by homeowners. Here are some tips:
- Get rid of any throw rugs or floor coverings that aren’t tacked down
- Avoid clutter of any kind
- Fix any broken or uneven steps – even small differences in pavement can trip people
- Make sure all your stairs have railings on both sides
- Increase the light in your rooms
- Add grab bars inside and just outside your tub and shower
If your friend or loved one does fall, call for help even if they don’t feel they are injured. Injuries can be more serious than they first appear, especially in older people.
