Whether the injuries are sustained in a car accident caused by someone else's negligence, or a fall in the workplace, victims of brain injuries may be able to take legal action in order to recover costly medical expenses resulting from complex and lengthy treatments. They may even be able to recover lost wages if they become temporarily or permanently disabled after suffering a brain injury in an accident. Sometimes, folks don't even realize that they have suffered permanent damage from a traumatic brain injury until years or months after an accident.
This is what is currently happening to hundreds of former National Football League players. Many are even suing the NFL, claiming that they were not properly warned by the NFL about the long-term effects of concussions sustained during practices and games. Hundreds of players have claimed that they now face serious challenges as a result of their injuries.
]]> Hall of Famer Art Monk, who played more than a dozen seasons in the NFL, is the lead plaintiff in one of the most recent lawsuits filed against the league. The 82-page lawsuit claims that players could have been protected from suffering long-term injuries from concussions had the NFL properly treated players' concussions. The lawsuit also accuses the NFL of failing to inform players about the long-term effects of concussions.Additionally, the lawsuit headed by Monk is asking that Riddell Inc., a helmet manufacturer, also be held accountable for players' injuries resulting from concussions. The lawsuit argues that the helmet manufacturer knew about the risks associated with multiple concussions and failed to inform players that they could suffer long-term injuries such as memory loss, headaches and problems with speaking.
There are 62 other plaintiffs named in the lawsuit. The plaintiffs' lead attorney has stated that it's time for the NFL to make some significant changes regarding how the game of football is played. Otherwise, players will continue to suffer serious brain-related injuries. He also wants to see that ex-players receive the proper medical attention and counseling they need after suffering long-term effects from concussion-related injuries.
Source: The Washington Times, "Hall of Fame receiver Art Monk latest to sue NFL," Nathan Fenno, May 10, 2012
]]>In some instances, an accident on a dangerous property could even result in the wrongful death of a child. In these tragic cases, parents in Washington may feel that it is important to take legal action in order to ensure the safety of other children after experiencing the loss of their own son or daughter.
Last November, the parents of a Washington teen learned that their son had drowned in a pool while at school. Now the parents are suing the teen's high school over their child's death. The parents believe that their son's death could have been prevented had the school made sure a lifeguard was present during swimming lessons and that the school's staff was properly trained to teach swim lessons.
]]> According to the lawsuit, the high school freshman was last seen participating in a treading exercise during swim class at his school on Nov. 17. The parents claim that their son did not know how to swim and that the instructor should have assessed the student's swimming abilities before allowing the student in the school's pool.Had the instructor assessed the student's abilities, the lawsuit claims, the instructor would have realized that it would not have been safe for the student to swim in the deeper end of the pool during class. However, no assessment was made and the student was found dead at the bottom of the pool after class.
Since the student's death, the school has said that it will make sure students are properly assessed before swim classes and that lifeguards will be present during classes. However, the school district has yet to acknowledge that it was responsible for the teen's death last fall. The parents are hoping that the school will be held accountable for its negligence.
Source: KOMO News, "Family of drowned Wenatchee student suing school," May 11, 2012
]]>Last fall, a 28-year-old man was seriously injured in a motorcycle accident after a negligent driver hit him in downtown Seattle. The man is still recovering from his injuries, and now he is filing a lawsuit in King County Superior Court in order to make sure that no other motorist has to experience the pain he has suffered. The man's lawsuit argues that Ride-the-Ducks vehicles are not being operated safely on the roads because the drivers of the vehicles are too focused on being tour guides for passengers while operating the vehicles.
]]> On October 11, 2011, the man was riding his motorcycle in downtown Seattle when a Ride-the-Ducks vehicle struck the back of his motorcycle. The lawsuit argues that because of the design of these vehicles and because drivers are often distracted by being tour guides for passengers, the driver who struck the man didn't even realize that someone had been hit at first. The motorcyclist's body had been dragged for about 100 feet before the driver of the Ride-the-Ducks vehicle finally stopped after hitting the man.The motorcyclist is still recovering from his injuries sustained in the accident. According to the lawsuit, the man's left arm, left leg and pelvis were severely injured in the crash. While he may be able to recover compensation for medical costs, emotional pain and suffering and lost wages, he also hopes that his lawsuit will prompt changes to ensure that Ride-the-Ducks vehicles and the vehicles' operators do not pose a threat to other motorists and passengers.
Source: q13fox.com, "Motorcyclist hit by 'Ride the Ducks' vehicle in Seattle files suit against company," May 9, 2012
]]>Motorcycle accidents are often caused by other drivers who fail to see motorcyclists on the road, but some riders may be able to avoid suffering serious or fatal injuries in the event of a collision or near collision with another vehicle if they are able to react to dangerous situations in a safe manner.
Studies show that the most dangerous time for motorcycle riders is during their first year of owning and riding a motorcycle, and the first month is the most dangerous of all. New riders who have gotten into motorcycle accidents can attest to this fact. Some riders have admitted to dropping their bikes, sometimes even with passengers on the back, because they thought that their skills were more advanced.
]]> Recent studies have also shown that fast-track training courses, including those that only last about a day, may in fact raise the risk of injury for new riders, instilling them with a false confidence about their abilities. One analysis of state-mandated training programs discovered that riders who participated in these courses had a 10 percent higher collision rate compared to those who didn't attend such a course. This information contradicts the theory that class time can quickly teach someone to safely operate a bike.Operating a motorcycle is a far more complicated task than some people might think, involving about half a dozen actions that must occur simultaneously in order to effectively and safely maneuver one's bike. These actions include: balancing on one foot, braking, shifting, feathering the throttle, watching for other vehicles or pedestrians on the road and releasing the clutch.
Instead of state-required courses, industry advocates encourage new riders to complete the Motorcycle Safety Foundation's basic rider course, which is offered in almost every state. More than 6 million riders in the U.S. have completed the course, which teaches riders basic maneuvers, emergency procedures and other skill sets that can help riders avoid injuries when on the road.
Source: The Republic, "Motorcycle crash risk drops sharply after the first month on the road," Michael Virtanen, April 15, 2012
]]>However, even sober drivers can make mistakes on the road that can lead to a serious or fatal car accident. One simple way drivers can avoid making a fatal mistake is to put their cell phones down when they are driving. Although there has been much discussion within the last year in the state of Washington and throughout the entire U.S. about the dangers of texting while driving, the results of a new survey suggest that this message is not getting across to teenage drivers.
According to the survey, nearly 60 percent of teens still text while they drive.
]]> In response to the survey that was recently released by State Farm Insurance and Harris Interactive, the supervisor of the Kent Police's traffic unit stated that texting while driving continues to be a problem in the area. He stated that getting the message across to teens about the dangers of texting while driving has been a "challenge."According to the Kent Reporter, more than 20,000 traffic accidents that resulted in injuries between 2006 and 2008 were caused by distracted drivers. In order to put an end to this growing problem in the state, law enforcement and safety advocates have suggested that parents and schools take a more aggressive approach when informing teens about the risks of distracted driving.
However, the Washington Traffic Safety Commission and State Farm are also teaming up to take a different approach to putting an end to distracted driving amongst teens. The WTSC and State Farm are now offering $500 grants to school groups who participate in a peer-to-peer education project that raises awareness of the dangers of texting while driving. It is the hope that teens will start listening to each other if they fail to listen to the warnings of others.
Source: Kent Reporter, "Driving the message home to distracted texting teens," Mark Klaas, April 26, 2012
]]>A drunk driver might fail to notice how fast he or she is traveling and misjudge a curve in the road. A driver's reaction time might be delayed as a result of high levels of alcohol in his or her system, preventing the driver from being able to avoid hitting a hazard on the road. Or like one recent incident in Washington involving a possible drunk driver, a driver's vision could be impaired, preventing one from being able to notice a pedestrian or bicyclist on the side of the road. Sadly, these types of accidents may cause innocent people to suffer serious or fatal injuries.
]]> Last week, the Washington State Patrol reported that a pedestrian had been killed while walking along the shoulder of State Route 507 in Rainier. Around 9 p.m., the 58-year-old man was hit by a Ford F-150 pickup truck. According to reports, the driver of the truck did stop after hitting the man, but the driver claimed that he thought he had struck a deer, not a person.After investigating the fatal accident, police arrested the driver of the pickup truck. Police suspected that the man may have been drunk when he ran the pedestrian over on the side of the road.
Although the pedestrian accident victim's family may be focused on making sure that the driver faces serious penalties for killing the man if the driver was drunk at the time of the crash, the family might also consider taking other legal action in order to make sure that they receive some sort of compensation for their tragic loss.
No amount of money can ever make up for the death of a loved one, but the family may at least be able to recover some compensation for their pain, suffering, lost wages and funeral expenses resulting from the fatal drunk driving accident.
Source: KOMO News, "Driver arrested after pedestrian is fatally struck in Rainier," April 25, 2012
]]>Many steps can be taken to prevent these types of incidents from occurring, but in the event that a child or a loved one is injured after being bitten or attacked by a dog this summer, Kent residents should have an understanding of their rights.
In Washington, dog owners may be held accountable for one's injuries if their pet attacks another person. Injuries could include disfigurement, scarring or emotional trauma. Although residents might assume that it is easy to recover damages after a child has been injured by someone else's dog, insurance companies might try to pass the blame on the child for provoking a pet. So what can parents do to make sure that a pet owner takes responsibility for a dog attack and that one's child receives the compensation he or she may need in order to physically and mentally recover as best as possible from such a horrifying incident?
]]> After a dog attack, victims should find out whether or not the dog has a history of violence such as previous attacks or frequent aggressive behavior including snapping, growling or bearing its teeth. If a dog escaped its yard, it is important that the owner's property is inspected in order to determine whether the owner should have fixed a broken fence or locked a gate on the property. Additionally, victims and their families will want to prove that nothing provoked the dog to suddenly attack.For those who have been injured in a dog attack, an attorney may prove to be very helpful in making sure that one's case is properly investigated and defended. No one should ever have to suffer injuries as a result of a dog owner's negligence, but these victims especially should never be blamed for such incidents.
Source: The Washington Times, "Really Man's Best Friend? What to do when the dog bites," Paul Samakow, March 29, 2012
]]>Last week, several individuals and groups were recognized by the Washington Traffic Safety Commission for their efforts to create safer drivers and to promote safer roads in King County. These groups have addressed some common mistakes motorists may make that can cause a serious car accident, which has led to the creation of new traffic safety programs and laws in the state.
Some of these dangerous mistakes that have led to serious or fatal traffic injuries over the years in King County include: not wearing seat belts, dangerous driving habits, drunk driving and failing to secure cargo.
]]> Of those recognized last week included a woman who fought to pass better laws to prevent drivers from traveling on our roads with loose cargo. She was provoked to lobby for these laws after her daughter suffered permanent injuries and lost her eyesight in an accident in 2004.The woman's daughter had been traveling on Interstate 405 when a piece of furniture from another vehicle became loose and struck her. Now, if King County motorists fail to properly secure their cargo, they could face criminal charges.
Two women who have been organizing and teaching leadership classes at Renton and Lindbergh high schools were also recognized last week by the Washington Traffic Safety Commission. These classes focus on teaching young drivers safe habits such as wearing seat belts and eliminating any dangerous or negligent behaviors when behind the wheel.
Other traffic safety advocates and groups who have been working hard to prevent drunk driving in the state of Washington also received recognition for their efforts.
Source: Renton Reporter, "Two Renton high school classes recognized for traffic-safety efforts," April 19, 2012
]]>Brain injuries, such as those sustained in a car accident on our Kent roads or after taking a tumble on a slippery surface at a local grocery store, can cause permanent damage. Treating these injuries can be a long and expensive process. And it doesn't help that patients are not in the right frame of mind to make complex medical decisions, according to researchers who conducted a study that looked at how brain injuries affected patients in this area. Researchers recently published their findings in a medical journal for the American Academy of Neurology.
]]> The researchers examined 86 individuals who suffered from brain injuries. The severity of their injuries ranged from mild to moderate and severe.As expected, the severity of the brain injury corresponded with how profoundly a patient's decision-making process was affected. Those that suffered only mild brain injuries showed little impairment when making medical decisions a month after they became injured. The impairment to make a decision was far more significant when the traumatic brain injury was severe.
The study was relatively ground-breaking. Few have dedicated research to how brain injuries affect the ability to make complex decisions after a serious accident.
Not only victims of brain injuries, but also the families and doctors of said victims, should take note of this trend. By understanding that a victim might not be able to make the best medical decisions within a month or even several months after a car accident or a fall at work, family members and doctors can focus on guiding brain injury patients through the medical decision-making process as they recover.
Source: Science Daily, "Head Injuries Often Impair Medical Decision-Making Skills," April 11, 2012
]]>Although the cyclists are not entitled to any compensation for their injuries resulting from bicycle accidents that occurred near the tracks, their attempt to raise awareness of the dangerous conditions the tracks create for cyclists has at least prompted the city to focus on designing and engineering safer streets for other bikers.
]]> Together, six bicyclists filed a lawsuit against the city of Seattle in 2010 after they all suffered serious injuries in accidents they claimed were caused by the dangerous design of the South Lake Union streetcar tracks. The bikers claimed that the city was warned before it built the tracks that the placement of the tracks on the road's right side could be dangerous for bikers who also use the right lanes of the street to commute.Instead of reducing potential hazards by building the tracks in the center of the roadway or by banning bikers from traveling along the streetcar tracks, the plaintiffs argued that the city went ahead and built the tracks on the right side of the road, despite the hazards it created for cyclists.
After the lawsuit was filed, the city claimed that it did not violate any engineering or design standards when the tracks were built. However, the city has since decided to change the design plans of the First Hill Streetcar project. For that project, the city is now planning to install lanes for bikers that are separated from the road.
According to the judge who ruled in favor of the city earlier this month, the bicyclists did not provide sufficient evidence to support their claims that the city failed to meet adequate engineering standards when building the streetcar tracks on the road.
Source: The Seattle Times, "Judge tosses out bicyclists' lawsuit over SLU streetcar tracks," Lynn Thompson, April 11, 2012
]]>Fortunately, to the surprise of the Washington State Patrol, none of the Seattle motorists who were involved in a major collision with a commercial truck last week sustained life-threatening injuries. The crash occurred April 5 shortly after 2 p.m. on Interstate 5. According to a spokeswoman for the State Patrol, a semi truck overturned and caused a five-vehicle crash on the highway. Troopers believe that the driver of the truck was speeding when the accident happened.
]]> Although the investigation was still underway late last week, troopers reported that the truck driver will most likely be cited for driving too fast. The 31-year-old semi truck driver told investigators that he noticed cars were beginning to stop on the interstate ahead of him, but he was not able to brake quickly enough to avoid rear-ending another car.According to the State Patrol, the force of the collision caused the vehicle that was struck by the semi to crash into another car. The collision also caused the semi to overturn and hit two more vehicles. One of the vehicles became pinned between the semi and a barrier. A spokeswoman for the State Patrol said that the driver who was in the pinned vehicle was lucky to have survived.
One person was taken to Harborview Medical Center to receive treatment for injuries sustained in the multi-vehicle wreck. Two others were treated at the scene for minor injuries. All five vehicles involved in the crash had to be towed away.
Source: The Seattle Times, "Were you stuck in traffic in Seattle traffic Thursday? Here's why," Sara Jean Green, April 5, 2012
]]>All of the residents living at the three-story complex were able to escape the fire without any serious injuries, but now investigators are trying to determine what caused the fire to start and why it spread so rapidly. Did the apartment building meet proper fire safety codes? Were fire detectors and sprinklers working correctly in the building? Did the property owner ignore any hazards in the complex that could have contributed to causing the fire?
]]> According to reports, the fire broke out April 5 around 9:30 p.m. at the Cottonwood Apartments. Fire fighters reported that the building was completely evacuated before they arrived at the scene. However, the building had already sustained significant damage and crews called more fire units to help put out the flames.Six apartment units were badly damaged, forcing 10 residents to seek help from the Red Cross to find temporary lodging. It is believed that the fire caused about $600,000 worth of damage.
In Washington, building owners and managers are liable for maintaining safe properties for residents, guests and patrons. Failing to maintain a property can expose others to dangerous situations that could result in injury or death.
When someone does become injured or is killed in an accident, an assault or a fire on someone else's property in Kent, it is important that the victim and his or her family make sure that the incident is investigated thoroughly. If investigators determine that a negligent property owner could have taken certain measures to prevent a serious or fatal accident, the injured party could be eligible to file a personal injury claim in order to seek compensation for medical expenses, lost wages and pain and suffering.
Source: Kent Reporter, "Apartment fire on Kent's West Hill | Update," Steve Hunter, April 6, 2012
]]>Now, doctors are providing physical therapy for more patients with severe spinal injuries with the hope that new treatments will be discovered to help someone who was in an accident to regain his or her mobility.
Physical therapy provides other benefits besides preparing an individual's body for the possibility of regaining movement. Physical therapy also helps the body fight infections. There is also a theory amongst the medical community now that the brain and body will make new neural pathways when an individual with a spinal cord injury participates in physical therapy.
]]> A new type of therapy called "locomotor" therapy is thought to help route nerve signals from places in the spine that have been damaged to the brain to let the brain know that there is damage that needs to be repaired. During this type of therapy session, a patient is supported by a harness and staff on a treadmill and therapists moves the patient's legs for him or her.Another type of therapy involves the use of electrical stimulation. One woman who was hurt in a skiing accident 12 years ago was told that she would never walk again. Today, she uses an exercise bicycle. The electrical stimulation coaxes the muscles in her legs to move. She can now get around her home using a cane. She still needs to use a power wheelchair when she leaves the house.
A director at a Veterans Medical Center said that physical therapy treatment "is a delicate balance between today's realities and motivation for tomorrow." Physical therapy may not be enough to help patients recover from their injuries, but as researchers look for new treatments, spinal cord injury patients can do their best to keep their bodies in shape and their muscles strong if a new treatment is developed to repair the damage that was done their spinal cord.
Source: Scripps News, "New treatments give spinal injury patients hope," Jeremy Olson, March 22, 2012
]]>Over the weekend, a motorcyclist in Seattle was taken to Harborview Medical Center after her body was thrown from her bike when she got into an accident. According to the Seattle Post Intelligencer, the woman's injuries were considered life-threatening. The accident occurred Sunday evening on the Alaskan Way Viaduct.
]]> Police believe that the woman lost control of her bike near South King Street, which caused her crash into a concrete barrier. Police noted that the woman may have misjudged a curve in the road. Shortly after 10 p.m., the woman was taken to the hospital.Although police have indicated that no one else was involved in Sunday's accident, the incident is a reminder of the serious injuries motorcyclists are susceptible to suffering when they are also involved in other types of motor vehicle accidents with cars, SUVs or trucks.
An accident victim's injuries may certainly be physically painful, but injuries can also result in costly hospital bills, lost wages and other expenses. For this reason, motorcycle accident victims in Kent and throughout the entire state of Washington may want to consider working with an attorney in order to make sure that they receive any compensation they may be entitled to after suffering injuries that were caused by someone else's negligence on the road.
Source: Seattle Post-Intelligencer, "Woman thrown from motorcycle, critically injured on viaduct," Scott Sunde, April 2, 2012
]]>Using a pattern, the man has developed an equation that can help detect whether someone is texting while driving. Using the equation, it is possible that an app for a cell phone may be created in order to alert the handler when he or she is driving while distracted. The app could even prevent the handler from continuing the dangerous activity while driving by shutting the phone off on the user. As we have mentioned before on our Kent personal injury law blog, distracted driving is the cause of far too many car accidents in the U.S. that lead to fatal or serious injuries.
The physicist said he became inspired to fix the problem of texting while driving after hearing the Transportation Secretary deem the activity as a "deadly epidemic" in 2009. He added he wanted to find a way to stop texting while driving because he had witnessed from his own daughters how teens rely heavily on their phones to communicate with friends.
]]> While brainstorming ideas to counter the issue, he discovered that texts look different and scattered when the person texting is distracted. The physicist and other scientists have now developed a mathematical equation that can track a person's texting patterns and determine if the user is distracted or not.Already, a Washington State Patrol spokesperson said he is feeling positive about the possible app, especially because it can be difficult for officers to detect if drivers are texting when behind the wheel. Texting while driving is illegal in Washington, but it can be difficult for officers to enforce.
Another app has attempted to stop texting and driving by monitoring the speed the phone appeared to be moving. However, passengers attempting to text would also be blocked.
U.S. statistics reveal more than 5,000 people died and more than 445,000 were injured in car accidents in 2009 involving distracted driving. Distracted driving is certainly a problem, but it can also be easily prevented when drivers make better decisions while they are on the road.
Source: The Columbian, "Physicist finds way to detect texting behind the wheel," Sue Vorenberg, March 21, 2012
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