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Tag Archives: head injury

August 16, 2016 News
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Long Island hit-and-run boat accident

New York – A woman was seriously injured in a boat crash last week in a Long Island waterway channel. The woman was sailing with her family and friends when a man “speeding” in another boat rear-ended hers. Witnesses explained that the collision occurred in a slow zone with signs posted declaring a speed limit of 5 MPH. They reported that the man who caused the accident was speeding much faster than the posted limit. The man fled the scene of the accident with injuries, which is a felony under New York State boating laws. The injured woman was rushed to a hospital for treatment of multiple injuries. Her injuries included burns, a spinal injury, a head injury and multiple burns and contusions. While the woman was the most severely injured, reports show that other passengers on the boat, including children, suffered wounds as well during the collision. Nassau County Police have now reported that they made an arrest in this hit-and-run accident case. The man, who lives in Island Park in Long Island, faces criminal charges and may also face a personal injury lawsuit from the injured victims. Investigators will need to also look into the cause of the accident, including possible drunk driving, distracted driving and reckless driving of the boat. To find out more about this boat accident, check out this article.

Illustrative Photo Credit: KOMUnews [License]

July 08, 2016 News
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Child fell from a window of New York City housing project

New York – A 3-year-old boy fell out of a window in a tenement housing project in Harlem last week. Reports show that the child was able to push right through the loose window guard before falling to his death. The broken window guard was found on the ground next to the injured child. Officials examining the scene are trying to determine if the window guard was broken or possibly not installed correctly. Complaints from neighborhood activists say that negligent maintenance and installation of safety equipment is a known problem in many apartment buildings. Some have contended that management of these apartments routinely ignore requests for repair of broken equipment and safety hazards. However, others have explained that someone moved an air conditioner unit from that window and didn’t replace the window guard correctly. Investigators will need to determine if proper safety instructions in the use of the window guards were adequately explained to the family and residents of the apartment complex. They will also conduct tests to determine if faulty equipment failure played a roll in this fatal accident. The child fall victim plummeted 13 stories to the ground and possibly struck an object on the way down. He suffered fatal injuries, including a serious head injury, according to witnesses. Read more about this child who suffered fatal fall injuries here.

Illustrative Photo Credit: Paul Sableman [License]

June 26, 2016 News
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Multiple car crash pile-up in Staten Island being investigated

New York – As many as twelve vehicles were involved in a horrific car accident in a busy Staten Island intersection. Police believe that the multi-car pile-up began when an elderly woman crashed her car into a pick-up truck on Victory Boulevard at a traffic light. Witnesses note that the senior citizen was speeding through the intersection when she lost control. This set off a chain reaction where her car then slammed into additional vehicles at the red light, causing more cars to crash into one another as well. The woman suffered a severe head injury and subsequently died in the hospital. One of the vehicles that the elderly woman’s car hit was an SUV being driven by a 75-year-old man. That SUV driver died of the injuries from an accident, according to emergency responders. Officials note that at least 12 other accident victims were injured in the incident and received emergency treatment. Several of those injury victims have been listed as suffering with serious or even critical wounds.

One of the things that has road safety experts concerned is that the intersection was a known hazard zone, so the speed limit was lowered to only 25 miles-per-hour and designated as a “slow zone.” However, some believe that at least some must have been speeding cars or reckless driving, as evidenced by the severity of the collisions and damage to the cars. The initial cause of the fatal accident needs additional investigation but experts explain that there may have been several negligent drivers that contributed to the collision. See this article and video for additional information.

Illustrative Photo Credit: Rian Castillo [License]

April 20, 2016 News
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Long Island ambulance accident kills two victims

New York – Earlier today a private ambulance was involved in a fatal motor vehicle crash on the Southern State Parkway in Nassau County. The ambulance hit a highway overpass support wall while it was transporting a patient in the rear. According to the ambulance company, the EMT and driver of the ambulance were not travelling with lights or sirens, as this was a non-emergency transport. Images from the scene of the collision show that the entire front end of the truck was crushed inward. Additional ambulances from Nassau County were called in to treat the injured victims. Officials reported that the ambulance driver was killed after being crushed inside. In addition, the patient who was being transported in the back also died from the severe accident injuries. The cause of the accident is still being looked into by police. Investigators noted that it appears the driver lost control of the ambulance and slammed directly into the wall. His EMT partner in the back was also injured in the crash, including a suffering a head injury with concussion and leg fracture. That injury victim’s condition is still guarded and he will require hospitalization.

This ambulance collision is reminiscent of previous ones, including this ambulance versus bus crash in Brooklyn, New York and this ambulance and car accident in Queens. Emergency management specialists explain that the dangers involved with operating an ambulance or other emergency vehicle is quite serious. They note that the vehicles are heavier than many other vehicles on the road, require intensive training and constant awareness. Public safety activists worry that some drivers of these trucks are distracted by other things, such as their radios, cell phones or conversations while driving. Proper training to avoid these distracted driver risks is essential. You can see updates about the recent ambulance crash here.

Illustrative Photo by U.S. Navy [Public domain], via Wikimedia Commons

March 07, 2016 Case Success Stories
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$500,000 Pre-Trial Settlement for Teen Pedestrian Hit by a Car, Skull Fracture

New York — A teenage boy was struck by a vehicle as he crossed an intersection at a traffic light. The pedestrian accident victim was thrown into the air and suffered a head injury with skull fracture. The team at Morrison & Wagner helped the boy and his mother recover a $500,000 settlement in the lawsuit against the driver and his insurance carriers.

Illustrative Photo Credit: kc7fys [License]

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Motorist, injured teen debated status of traffic signals (VerdictSearch)

Settlement Amount: $500,000

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Court: Kings Supreme, Kings County, New York

Injury Type(s):
head-fracture; skull; other-craniotomy

Case Type: Motor Vehicle – Pedestrian, Question of Lights

Date: January 22, 2015

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, LLP; New York, NY, for the Plaintiff, and son

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Facts:

At about 8:45 p.m. on Jan. 9, 2013, the plaintiff, a 14-year-old boy, was struck by a motor vehicle. The incident occurred on Woodmere Boulevard, alongside its intersection at West Broadway, in Woodmere. The victim was tossed onto a sidewalk, and he sustained an injury of his head.

The teenage boy’s mother, acting individually and as his parent and natural guardian, sued the vehicle’s driver. The plaintiffs alleged that the driver was negligent in the operation of his vehicle.

The victim acknowledged that he ran across the roadway, but he claimed that a green traffic signal permitted his entrance to the roadway. He further claimed that the signal remained green the entire time that he was on the roadway. Thus, plaintiffs’ counsel contended that the boy possessed the right of way.

The boy also claimed that he had crossed all but 3 or 4 feet of the roadway when the impact occurred. Plaintiffs’ counsel contended that the driver should have seen and avoided the pedestrian. An eyewitness claimed to have sounded a vehicle’s horn, to warn the driver and pedestrian, but that neither party reacted. The car driver suffers a cataract and experiences deficits of his audition, and plaintiffs’ counsel contended that the driver should not have been operating a motor vehicle.

The teen suffers a congenital defect that impairs his right ear’s audition. His right ear would have been the one closest to the vehicle that hit him and the witness’s vehicle. The defendant claimed that he stopped at a red signal upon reaching the intersection. He further claimed that the pedestrian boy entered the roadway after the signal had turned green.

Injury:

The pedestrian accident victim sustained a fracture of his skull. He was placed in an ambulance, and he was transported to Nassau University Medical Center, in the hamlet of East Meadow. He underwent an immediate craniotomy, which involved removal of extruded fragments of his skull. His head’s wound was closed via application of staples.

The victim claimed that his injury prevented his attendance of two weeks of school. His doctors have advised that he should avoid activities — such as skiing or playing football — that could result in an injury of his head.

The boy’s mother sought recovery of damages for his past and future pain and suffering. She initially presented a derivative claim, but her claim was not pursued.

Defense counsel contended that the boy recovered within two weeks of the accident.

Result:

The parties negotiated a pretrial settlement. The defendant’s primary insurer tendered its policy, which provided $250,000 of coverage, and the defendant’s excess insurer agreed to pay $250,000. Thus, the settlement totaled $500,000.

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Editor’s Comment: This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.

March 07, 2016 Case Success Stories
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Award: $1.05 Million -- Pedestrians in Crosswalk Struck by Car in Brooklyn, New York

New York — A man and his daughter were crossing a Brooklyn street when they were struck by a car. The accident victims suffered multiple injuries and underwent extensive treatment. They sought the assistance of the experienced injury attorneys at Morrison & Wagner, who helped them win a total of $1,050,000 in compensation for their injuries, pain and suffering.

Illustrative Photo Credit: Benjamin Bousquet [License]

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Father, daughter claimed motorist struck them in crosswalk (VerdictSearch)

Actual Award: $1,050,000

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Court: Kings Supreme, Kings County, New York

Injury Type(s): hip-fracture; leg-scar and/or disfigurement; head; head-headaches; head-concussion; knee-fracture; tibial plateau-fracture; brain-subdural hematoma; chest-fracture; rib; other-sutures; other-laceration; other-physical therapy; pelvis-fracture (fracture, pubic ramus); shoulder-fracture (fracture, clavicle); foot/heel-fracture; toe; mental/psychological-cognition (memory, impairment)

Case Type: Motor Vehicle – Pedestrian

Date: May 14, 2015

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, LLP; New York, NY
Ira Cooper; trial counsel, Morrison & Wagner, LLP; New York, NY

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Facts:

On Jan. 10, 2010, the plaintiff, 62, an attorney, and his daughter, a minor, were struck by, or collided with, a motor vehicle. The incident occurred on Elm Avenue, alongside its intersection at East 14th Street, in the Manhattan Terrace section of Brooklyn. The plaintiff sustained injuries of his head, his knees, a rib, a shoulder and a toe. His daughter sustained injuries of her hips and a thigh.

The injured man, acting individually and as his daughter’s parent and natural guardian, sued the vehicle’s driver and co-owner and the vehicle’s other co-owner. The plaintiffs alleged that the driver was negligent in the operation of his vehicle. The plaintiffs further alleged that co-owner was vicariously liable for the driver’s actions.

Plaintiffs’ counsel claimed that the impact occurred in a crosswalk of Elm Avenue. They further claimed that the daughter and her father were struck by the front end of the vehicle. The driver acknowledged that he later noticed a dent of his vehicle’s front end and that the dent did not predate the accident.

The daughter claimed that the vehicle struck her right hip. Her father claimed that he sustained an injury that prevents his recollection of the impact or any other part of the accident, but Justice Richard Velasquez invoked the Noseworthy doctrine, which specifies that certain impairments permit a reduction of a plaintiff’s burden of proof.

The driver claimed that the daughter and her father entered the roadway and initiated contact with one side of his vehicle. Defense counsel noted that the father sustained a fracture of a toe. He suggested that the injury was a result of the toe having been crushed by one of the vehicle’s tires, and he argued that such a scenario could only have occurred if the plaintiff had approached from one side of the vehicle and stepped in front of one of its tires.

The driver claimed that he had scanned a distance of about 10 car lengths and did not notice pedestrians or oncoming traffic. He acknowledged having told a responding police officer that the sun’s glare hindered his view of the roadway, but he claimed that the statement was a result of nervousness during the moments that followed the accident.

Injury:

The injured father sustained a concussion, a laceration of his head, a fracture of his right leg’s tibial plateau, which is a component of the knee, a fracture of his left knee, a fracture of his left shoulder’s clavicle, a fracture of his right foot’s first toe and a fracture of a rib. His head’s injury also produced a subdural hematoma.

The accident victim was placed in an ambulance, and he was transported to Lutheran Medical Center, in Brooklyn. His hospitalization lasted four days.

The plaintiff’s treatment comprised a few weeks of physical therapy. He claimed that his concussion has produced lasting effects that include headaches, impairment of his ability to concentrate and impairment of his short-term memory. He further claimed that his residual effects prevented proper performance of his job’s duties and necessitated an early retirement.

The plaintiff sought recovery of damages for past and future pain and suffering.

The daughter sustained a fracture of her pelvis’s left superior public ramus, which is a component of the left hip, a fracture of her pelvis’s right superior pubic ramus, which is a component of the right hip, and a laceration of her right thigh.

She was placed in an ambulance, and she was transported to Lutheran Medical Center. Her right thigh’s laceration was closed via application of sutures. A doctor determined that she was too young to undergo surgical repair of her fractures, so the fractures were allowed to heal naturally.

The daughter retains a scar of her right thigh, but she does not suffer residual pain or limitations. Her father sought recovery of damages for his daughter’s past and future pain and suffering.

Defense counsel contended that the daughter’s injuries healed within a few weeks.

Defense counsel also contended that the injury victim did not sustain a lasting injury of the brain. The defense’s expert neuropsychiatrist opined that a post-accident psychiatric test produced normal results. Defense counsel contended that the plaintiff can resume his job.

Result:

During the trial, the parties negotiated a settlement of the daughter’s claim. The defendants’ insurer agreed to pay $150,000.

The jury found that the defendants were liable for the accident. It determined that the injured man’s damages totaled $900,000. That amount, plus the amount recovered via the settlement, totaled $1.05 million.

Father: $400,000 Personal Injury: Past Pain And Suffering; $500,000 Personal Injury: Future Pain And Suffering

Actual Award: $1,050,000

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Judge: Richard Velasquez

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

March 02, 2016 News
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Pedestrian accident leaves child with traumatic brain injury

New York – The driver of a car in Nassau County, Long Island apparently hit a pedestrian as she was crossing the street over the weekend. The victim, only 10 years old, was struck by a car and suffered a severe head injury. She was rushed to the emergency room of a hospital and listed in critical condition according to doctors. The accident victim was diagnosed with a traumatic brain injury but it is unclear how much brain function was affected. The car accident in under investigation, with investigators looking into the mechanical functioning of the car as well as the actions of the driver.

Trauma specialists explain that a head injury can cause a concussion, loss of consciousness and intracranial hemorrhage. Each of these may be classified as a traumatic brain injury and further investigation and treatment is crucial. A simple concussion may lead to post-concussional syndrome that can leave the victim disabled and unable to function. In addition, intracranial bleeding can lead to a person needing emergency surgery and a coma. Recent research on the topic of traumatic brain injuries in children suggests that treatment can be improved using nutrition. However, the victims and their families can be left with lifelong medical bills, pain and suffering. If you or someone you know suffered a head injury, you have the right to discuss the details of your case with an injury attorney.

Illustrative Image by U.S. Navy photo by Tom Watanabe. [Public domain], via Wikimedia Commons

January 29, 2016 News
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Trip and fall accident in Bronx elevator

New York – A senior citizen in the Bronx tripped and fell in an elevator that had just been repaired the day before. The injury victim suffered a fatal head injury and died of his wounds in the hospital the next day. The man reportedly tripped on his way into the elevator because the elevator floor wasn’t level with the hallway floor. Reports show that the location where the elevator accident occurred is a city public housing apartment building owned and operated by the New York City Housing Authority (NYCHA). The elevator apparently was serviced by workers of NYCHA the day before the slip and fall injury. Tenants of the building noted that they had been complaining about the broken elevator and the dangerous condition that it presented for many years. The repairmen replaced a part and claimed that it was safe for use after their inspection. However, public advocates state that this was obviously not the case. In fact, they point to the fact that after the man was fatally injured, the city inspector noted that the replaced part was a faulty part and likely caused the accident. They believe that the part malfunction caused a trip hazard that was not evident to the victim when the elevator door opened. Activists warned that there is a problem with regular negligent maintenance in the public housing buildings and this must be dealt with to prevent further injuries and wrongful death. You can check this article out for more about this fall injury.

Illustrative photo from Public Domain [License]

January 18, 2016 News
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Bus passenger ejected through windshield after driver makes short stop

New York – Officials explain that a private tour bus was driving into Manhattan when it suddenly stopped short, sending a passenger slamming into the windshield. The driver of the charter bus stated that he had to make the sudden stop when he realized that he was coming up to a red light. It is unclear how fast the bus was traveling at the time of the accident. The victim then crashed through the window and fell on the street, causing multiple injuries, including a head injury. The injured man apparently fell out of the window, which did not shatter but rather broke away from its frame. Safety activists familiar with the bus accident note that the windshield equipment should be investigated to find out why it failed. Negligent installation as well as improper maintenance could be responsible but a dangerous manufacturing defect must also be ruled out. Although some witnesses didn’t think the bus was speeding, police were also looking into why the bus driver had to stop short. Officials will also look into whether or not all safety standards were being followed prior to the injury. The injured bus passenger was taken to the hospital for evaluation in the emergency room. You can find out more here.

Illustrative photo credit: Chris Sampson [License]

October 28, 2015 News
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Seat back failures during car crash can cause serious injuries

Research data shows that during a car accident, the back of the driver’s seat can break, causing severe injuries. The worrisome thing noted by experts is that this is true even of cars that meet the most current National Highway Traffic Safety Administration (NHTSA) guidelines. The concern involves not just the driver’s seat but also the seat back of the front passenger, according to specialists. They note that the problem is not limited to any one car manufacturer and is a well-known dangerous condition that has been ignored for way too long. The car seat failure often occurs during a rear-end accident where the vehicle is hit from behind. The force of the crash is transferred into the seat back which then buckles and cracks under the pressure. The person sitting in the seat is then violently thrown and injured, even when wearing a seatbelt. Common injuries can include spinal injury, paralysis and internal bleeding from lacerated organs. Activists familiar with the problem explain that passengers in the rear seat of the vehicle, often little children, are also prone to suffer severe injuries and wounds due to the defect. Children have been known to suffer facial injuries, head injury and even death after being struck by pieces of the seat. Cases have been documented of the headrest breaking off and striking the back seat passenger as well.

Car safety advocates have expressed outrage over the fact that the federal government and car makers haven’t properly fixed the hazard. They insist that the federal regulations must be changed to force factories to reinforce the seats so that they don’t collapse or snap during a high force impact of a motor vehicle collision. Some have pointed out that not doing so may be considered negligence and expose the negligent parties to accident lawsuits. You can read more about the weak federal safety standards and deadly problem here.

Illustrative Photo (Altered to obscure license plate): Joe Shlabotnik [License]