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Tag Archives: nerve damage

Injured worker from hit-and-run accident on Long Island

New York – A workman who was collecting garbage was hit by a car according to the victim’s report. The driver of the car admits that his vehicle made contact with the worker but he described in as a minor accident. He explains that this was the reason he left the scene of the accident with injuries. Police then looked into the hit-and-run collision and questioned the driver. The driver has placed the blame for the pedestrian accident on the sanitation worker. He noted that the side mirror casing of the car is what hit the victim. The worker who was injured on the job has reported that he suffered a hand injury. Trauma specialists explain that this type of mechanism of collision can lead to various injuries, including broken bones or fractures, ligament and tendon injury or even nerve damage or vascular wounds. Further investigation into both the injuries and liability for the crash is necessary to determine fault and a causal relationship. However, some believe that the driver may have been negligent and that his fleeing the scene of the crash was criminal. A top New York personal injury lawyer notes that the employer most likely is required to carry worker’s compensation insurance. This worker’s comp carrier often must pay for medical care while the victim works out the legal aspect in court. See this article for more about this work injury.

Photo for illustrative purposes only. Photo Credit: Chuck D [License]

Drunk wrong-way driver causes accident on Long Island

New York – Police were called about a woman driving the wrong direction http://www.newsday.com/long-island/nassau/northern-state-wrong-way-crash-caused-by-drunken-driver-cops-say-1.13068722 on the Wantagh State Parkway recently. Unfortunately, they were unable to stop the vehicle before she caused a car crash in a head-on collision with another car. The police investigators believe that the woman was driving while intoxicated, leading to her driving the wrong way onto the highway. The drunk driver was arrested and charged in causing the accident with injuries. The driver of the second car also suffered injuries, including a hand injury, in the accident and required treatment. Trauma specialists note that such an injury can include a broken bone, nerve damage and tendon or ligament wounds. They explain that an accident victim should seek emergency medical evaluation and treatment to prevent more serious complications. Accident reconstruction experts add that a head-on collision such as this can be even more significant, since the opposing forces can increase the severity and likelihood of injury. See this article http://patch.com/new-york/eastmeadow/nassau-woman-arrested-dwi-after-driving-wrong-direction-northern-state-causing for more about this drunk driving accident.

Illustrative Photo Credit: Rian Castillo [License]

Horrific pedestrian accident with two child victims in Queens

New York – The driver of green Chevrolet car hit two child pedestrians as they crossed the street just two days ago. The accident victims were walking to school that morning when the car collided with them and caused severe injuries. The girls, only 13 years old, were thrown to the ground, with one of them suffering a serious head injury with traumatic brain injury (TBI). Sadly, that girl died of the crash injuries while doctors feverously tried working on her in the emergency room. The other victim of the crash is being treated for a leg injury with possible broken bone or nerve damage. Local activists from the Ozone Park community have expressed their outrage about this accident with injuries and wrongful death. They say that better street signs, traffic signals and crossing guards are needed to prevent more collisions, injuries and deaths. They demand that the city council take immediate action to ensure the safety of pedestrians, bicyclists and drivers alike. Some have asked why it has to come to this, with a serious accident and someone getting killed before the authorities take appropriate safety actions. Check out this article for up-to-date information about this fatal pedestrian accident.

Illustrative Photo Credit: COD Newsroom [License]

$600,000 Settlement -- Home Health Aid Injured in Nassau Car Crash

New York — A 52-year-old woman who was working as a home health aid suffered severe accident injuries in a car accident. The car was owned by her employer and being driven by a friend of the employer, who both died during the car crash. The injured woman consulted with the expert lawyers of Morrison & Wagner and filed a personal injury lawsuit against the estates of the employer and driver. The estates agreed to pay the injury victim $600,000 in damages.

Illustrative Photo (Altered to obscure license plate and address): Todd Dwyer [License]

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Heart failure, age blamed for fatal car crash (VerdictSearch)

Amount Recovered: $600,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s):
ankle; other-laceration; other-tendon; severed/torn foot/heel-foot; neurological-nerve damage/neuropathy (nerve damage, peroneal nerve)

Case Type: Motor Vehicle – Speeding, Passenger, Single Vehicle

Date: June 15, 2007

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, L.L.P.; New York, NY

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Facts:

On March 26, 2003, the plaintiff, 52, was working as a home health attendant for defendant A, at defendant A’s home in Westbury. On this day, defendant B invited defendant A out to dinner and offered to drive. The three of them go into the garage, and the defendant B sat down in the driver seat of defendant A’s vehicle, while the plaintiff and defendant A got into the back seat. The vehicle then sped out of the garage, down the driveway, turned right and crashed into a house across the street. Defendant B, who was driving, was found unconscious at the accident scene and having sustained multiple injuries. He later died without having regained consciousness. Defendant A was also killed in the accident. The injured plaintiff claimed that as a result of the collision her feet became trapped under the front passenger seat and that she sustained severe lacerations of her right ankle and toes.

The woman accident victim sued defendant A’s estate and defendant B’s estate. She alleged that defendant B, as the driver, was negligent in the operation of the vehicle and that defendant A, as the vehicle owner, was vicariously liable for defendant B’s actions.

Defendant A’s estate commenced a separate action against defendant B’s estate, alleging that defendant B was negligent in the operation of the vehicle. The matters were joined for trial. However, the action by defendant A’s estate settled on Sept. 25, 2006, and the plaintiff’s matter continued against both defendants.

The woman claimed that defendant B was negligent for pulling out of the garage and driveway at an excessive rate of speed and for failing to keep proper control of the vehicle. Plaintiff’s counsel argued that defendant B should not have been driving at his advanced age of 86.

Defense counsel alleged that defendant B suffered a stroke or heart attack once he was behind the wheel and that this caused defendant B’s erratic driving. The defense contended that since this was an unforeseen event, there was no liability. Plaintiff’s counsel argued that there was no medical evidence to prove that defendant B had suffered either a heart attack or stroke.

Injury:

The plaintiff was placed in an ambulance and transported to Winthrop-University Hospital, in Mineola. She remained in the hospital for eight days and was diagnosed with compound lacerations of the dorsal aspect of the right foot, including lacerations of the extensor digitorum communis tendons and extensor digitorum brevis tendons of toes 2 through 5, and a laceration of the peroneal nerve in the right ankle. The car crash victim underwent operative repair of the peroneal nerve injury the day after the accident, followed by approximately 26 weeks of physical therapy, but she complained that it was not successful.

The plaintiff claimed that the lacerations of her right ankle and toes caused a loss of function to the long extensors of the lateral toes. She alleged that she was left with a club foot and had trouble walking. She sought recovery of damages for her past and future pain and suffering.

Defense counsel contended that the plaintiff made a good recovery from her injuries following the surgery. The defendant’s orthopedic expert determined that the surgery was successful and that the woman’s toes were OK. However, he found that she did experience a loss of sensation to the lateral two-thirds of her right foot due to the peroneal nerve laceration. He determined that the plaintiff could not actively extend her lateral toes, but that they were in a neutral position and did not curl downward or upward. Thus, the expert concluded that the woman did not suffer a disability.

Result:

The parties agreed to settle prior to trial for $600,000. Of the total settlement, defendant B’s estate paid $500,000, and defendant A’s estate paid $100,000.

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Judge: Howard R. Silver

Editor’s Comment: This report is based on information that was provided by plaintiff’s and defense counsel.

Bus crash injures dozens in Lincoln Tunnel

New York – Upwards of 40 accident victims were injured when one bus rear-ended another during rush hour commute into Manhattan this past week. The rear-end collision occurred when a New Jersey Transit bus filled with commuters collided with a school bus filled with children. The school bus was transporting the school kids into New York City for a graduation trip when the bus accident occurred. Initial analysis shows that the commuter bus driver was unable to stop in time to avoid the crash during traffic. Further investigation was necessary to determine why this was the case, and to rule out driver negligence or criminal activity, such as drunk driving or driving under the influence of drugs. Commuter advocates say that some bus drivers are not properly trained or don’t always follow safety regulations, leading to increased dangers on the roads. For example, drivers need to make sure that they are well rested and not tired from driving shifts that are longer than permitted. In addition, drivers must direct their full attention to the roadways and traffic conditions, adjusting their driving accordingly. However, some activists warn that bus drivers, much like car and truck drivers, have become too distracted by things such as texting while driving, talking on a cell phone or adjusting the radio. These actions create a dangerous condition that is more likely to lead to this kind of accident.

The injury victims were treated on the scene and some were transported by ambulances to various hospitals. Others were directed to see their private doctors for evaluation and treatment of their injuries. Experts note that some of these injuries may not become fully evident until hours, days or even weeks after the motor vehicle collision. For example, what starts off as a mild stiff neck or backache can sometimes worsen and end up creating a permanent injury with spinal injuries and nerve damage. If you or someone that you know are injured in a vehicle crash, it is advised to see a physician or go to an emergency room for evaluation. You also have the right to speak to a top injury attorney who has expertise in dealing with personal injuries after a motor vehicle accident. See this site for more about last week’s bus accident.

Illustrative Photo Credit: Doug Kerr [License]

Bicycle accident involving New York City bike sharing program

New York – The bicycle sharing program in the city has been blamed for an accident injury after a rider hit a road barrier. The man explains that he was riding the bicycle along the public roadway and approaching a docking station when the front wheel struck the concrete obstruction. He contends that the object was basically hidden from his view due to its common gray color and placement, causing him to crash. The bike crash caused a head injury and subsequent traumatic brain injury, according to reports. The accident victim says that nerve damage in his brain caused him to lose his sense of smell and ability to taste. The man has filed a personal injury lawsuit due to claims of negligence in the installation and maintenance of the barrier. Inspection of the accident scene shows that the stumbling block has now been painted orange with a traffic cone placed nearby to warn pedestrians and bicyclists of the dangerous situation. Some have pointed out that the obstacle should have been clearly marked at the time of installation in order to prevent just such a bicycle collision or trip and fall accident. They say that these types of hazards should have been picked up on by bike sharing program organizers before someone got hurt in an accident. The road hazard was placed right next to a cross walk, where pedestrians and bike riders would expect to be able to ride or walk safely. Further investigation is necessary to determine who is responsible for the proper installation and maintenance of these road barriers. Find out more about the accident in this article.

Illustrative photo by Jim.henderson (Own work) [CC0], via Wikimedia Commons