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Tag Archives: traumatic brain injury

Driver under the influence of drugs crashes head-on into another vehicle

New York – This horrific head-on collision occurred when a speeding driver entered the Queens-Midtown tunnel heading in the wrong direction. The wrong-way accident vehicle slammed into a car coming in the opposite direction, when it couldn’t swerve out of the way in time. A dashcam video of the car accident was taken from the car that was struck by the wrong-way driver. The video shows the car crash and the vehicles colliding and ultimately coming to an abrupt halt. Police indicated that the driver of the car that entered the tunnel in the wrong direction was high on drugs. They believe that he had been using both cocaine and marijuana at the time of the motor vehicle collision. He apparently fled the scene of the accident with injuries. The hit-and-run accident was witnessed and a police officer who had just entered the tunnel stopped and arrested the fleeing man. In addition, that driver was apparently unlicensed and using his father’s vehicle. It is unclear if the father was aware or gave permission to the unlicensed man to use the car. Likewise, it is not certain whether or not the parent knew that his son would be driving while under the influence of drugs. Specifics of the injuries suffered by the car accident victim are not clear. However, trauma doctors note that this type of head-on accident can cause traumatic brain injury, spinal injuries and broken bones as well as internal injuries in the abdomen. See this article and video for more about this hit-and-run accident.

Photo for illustrative purposes only. Photo Credit: Chris Sampson [License]

Driver fleeing from police caused motor vehicle accident with injuries

New York – A driver who refused to pull over for police ran through a stop sign and then crashed into an SUV. This car accident caused the SUV to roll over and injured both the passenger and driver in that vehicle. In addition, the three passengers of the car that struck the SUV also suffered serious crash injuries. Included amongst those passengers were a one-year-old baby and two adults. The driver of that car that was fleeing police didn’t stop there. He apparently pretended that he was just an innocent bystander and left the scene of the accident with injuries. He has been found and arrested by police and brought up on multiple and extensive criminal charges. The injury victims are all being treated and face possible lifelong disabilities as well as pain and suffering. The injuries include broken bones, spinal injuries and internal organ injuries. The possibilities of nerve damage, traumatic brain injury and even wrongful death associated with their injuries remain a possible issues as well, according to a trauma specialist. Read more about this horrific SUV accident in this article.

Photo for illustrative purposes only. Photo Credit: Kim Scarborough [License]

Harlem construction accident injures workers with falling crane

New York – Two construction workers were injured when a mini crane fell from the side of a building that they were working on. The falling crane accident occurred when one of the workers was operating the crane but was apparently not trained to do so. The crane was lifting a heavy glass panel when it fell forward and off the side of the open floor. It rolled over during the accident and fell several stories onto the ground below. The crane collapse left two ironworkers injured, including the man operating the machine. According to reports, the crane was not properly secured to the work surface as is required by safety operating guidelines. In addition, the construction company operating the device didn’t have the required safety permit and is under investigation. Supervisors for the construction employer have been arrested and are being charged for assault due to possible negligence that led to serious injuries of the workers.

Hospital officials report that the workers suffered life threatening injuries. These include a head injury with traumatic brain injury that left one of the workers fighting for his life. The other injury victim suffered spinal injuries. The neck and back injury can possibly leave the workman paralyzed and disabled. Investigations continue into the specifics of this accident and the following of safety regulations at the construction site. See this article for more about the roll over work site accident and investigation.

Photo for illustrative purposes only. Photo Credit: johnrosman [License]

Truck accident leaves injured victims and one death in the Bronx

New York – Emergency workers responded to a van that rear-ended a truck on the Major Deegan Expressway in the Bronx. The van accident left the female driver of the van dead and several other people injured. Friends note that the woman was pregnant at the time of the fatal crash. Two children in the vehicle were passengers in the back and suffered serious injuries. Reports show that construction debris and other scrap metal objects were being transported in the van at the time of the collision. It is believed that the flying debris during the impact is what caused the critical wounds and injuries to the child passengers. One teenage girl suffered a significant traumatic brain injury with bleeding in her brain. She has undergone surgery for this as well as for a broken spine and she remains in a coma. The extent of her spinal injuries are still unclear.

In addition, a front seat passenger of the van suffered injuries and was also taken to the hospital. Doctors say that he has a leg injury and will receive treatment. The truck that was hit from the rear left the truck driver also injured. He was evaluated and given emergency treatment. Investigators were continuing to assess the damage and the cause of the truck crash. Find out more about this rear end collision here.

Photo for illustrative purposes only. Photo by Mohsan Dabiri-e Vaziri (Own work) [CC-BY-2.5], via Wikimedia Commons

Concerns regarding possible delayed recall of defective car seat

Potentially dangerous defective child car seats were recalled by the manufacturer several months after the company performed its own collision safety tests. Federal investigators have now been examining whether the manufacturer of the seats possibly delayed reporting the defective product and instituting the recall. Guidelines require companies to report safety problems within five days to the appropriate government agency, in this case the National Highway Traffic Safety Administration. However, evidence has shown that the business that produced the child restraint system had information several months earlier about the dangerous condition. This was based on safety problems that were evident on quality and safety testing that the company had conducted on the seats during a car accident. Product liability is a responsibility that manufacturers and distributors must take seriously. Concerned parents and safety advocates have voiced concerns regarding the situation, saying that this breech of public trust leaves the public in danger. Some have pointed out that negligent reporting of safety problems must be dealt with harshly. The potential dangers in this case could include head injuries leading to traumatic brain injury, internal organ bleeding, fractures and nerve injury. You can refer to this article for more about the car seat safety product recall.

Photo for illustrative purposes only. Photo Credit: Tetris L [CC BY-SA 3.0 or GFDL], from Wikimedia Commons

Bicycle accidents, broken bones and traumatic brain injuries

As warm weather moves in, increased bike accidents become more common and lead to serious accident injuries. Statistics show huge increases in the numbers and severity of these accidents despite safety efforts. Experts note that children and adults are wearing helmets and other safety equipment more than in the past. None-the-less, some have pointed to worsening speeding drivers, reckless driving and hazardous conditions that contribute to injuries and wrongful deaths during road accidents involving bicycles. They explain that a car crash involving a bicyclist is much more likely to cause serious or life threatening injury when the vehicle is speeding or if there is a distracted driver behind the wheel. Studies into bicycle collisions show wounds that range from lacerations that can cause nerve damage, to broken bones, to neck and back injuries and even head injury with a traumatic brain injury (TBI). Doctors say that helmets have improved the outcomes for accident victims injured in a bicycle accident. However, high speed motor vehicle collisions can still lead to these injuries. This article explains more about the recent research into bike accidents.

Photo for illustrative purposes only. Photo Credit: Luc Coekaerts [License]

One worker injured, another killed in Midtown Manhattan construction accident

New York – Two workers were crushed in a construction accident this week. One was a security guard who was killed and the other a construction worker who suffered on-the-job injuries when an unstable section of glass fell on them. The scene of the accident was on a loading dock of a construction site on West 57th Street in Manhattan. The piece of glass was standing up and was supposed to be installed into a tall skyscraper office building. For an unknown reason, the heavy glass panel tipped over and collapsed onto the two workers below. The crush injuries suffered by the security guard left him with multiple and severe wounds, including internal injuries and possibly a traumatic brain injury. He went into cardiac arrest and was declared dead by doctors in the hospital shortly after. The second injured worker was also rushed from the scene to the emergency room and treated for several injuries, including broken bones with a foot injury. The type of fracture may require surgery to repair the damage according to doctors. The New York City building’s department shut down the construction site and issued a safety violation to owner of the site. Additional investigation into the cause of the construction collapse will be needed to determine if negligence was involved. This includes determining if all equipment and construction debris was properly secured to prevent slipping and falling. See this article for more details.

Photo for illustrative purposes only. Photo Credit: Rob Young [License]

Police arrest Queens man after pedestrian accident with injuries

New York – The driver in a hit-and-run accident has been arrested by police nine months after the crash. Investigators have spent months looking into the collision that had occurred in December in West Hempstead, Long Island. They now believe that they have the driver in custody after he allegedly fled the scene of the car accident. The injury victim during the car crash was a senior citizen pedestrian who was crossing the street. He suffered serious wounds, including a head injury with traumatic brain injury (TBI) and a hip injury with possible broken bones. The forces involved in this type of accident can be quite severe on the human body according to experts. They note that there are several impacts, including the initial collision when the vehicle hits the pedestrian, again when the victim’s body falls and hits the ground and then the internal organs strike the inside of the body. Ultimately, this can lead to significant injuries, disability and even death. A trauma specialist explains that when the brain hits into the inside of the skull, it can cause a concussion with serious long-term effects. The victim in this case was hospitalized in the ICU for an extended period of time according to hospital officials.

Reports show that the driver that caused the collision was driving a white pick-up truck and was possibly speeding at the time. He kept driving and left the injured pedestrian on the road at the time. The alleged hit-and-run driver now faces criminal charges but may also face a civil personal injury lawsuit from the pedestrian accident victim. Check out this article for a video and more details about this truck accident.

Photo for illustrative purposes only. Photo by Kevin.B (Own work) [GFDL or CC-BY-SA-3.0-2.5-2.0-1.0], via Wikimedia Commons

School sports injury ends in student’s death

New York – A Long Island teenager died from a head injury while doing football training drills in his high school. The injury victim was doing heavy lifting exercises with his classmates when a heavy log that they were working with fell on his head. Witnesses explain that they were carrying the wooden beam over their heads when the fall occurred, striking the teen with extreme force. Ambulance personnel and paramedics rushed the boy in critical condition to Stony Brook University Hospital, the closest trauma center in Suffolk County. An emergency room team worked on the injured teen and noted a serious traumatic brain injury. He was pronounced dead after rescue and medical intervention efforts were unable to help him. Investigators are now looking into the specifics surrounding the case to determine if any negligence was involved. Public safety activists in New York say that schools must take an active role in maintaining students’ safety, especially when exercising or playing sports. They demand more safety equipment, better training and medical staff on-site. It is unclear if the football players were provided with safety helmets while they were doing these exercise drills. You can read further details about this sports injury death here.

Photo for illustrative purposes only. Photo Credit: Ralph Arvesen [License]

$2.75 Million Premises Liability — Woman Suffers Broken Neck, Brain Injury From Falling Object

New York – A woman was walking along when a piece of stone facade collapsed off the side of a Brooklyn building. The collapse debris hit her in the head and neck, leaving her with a spinal fracture in her neck and a traumatic brain injury with concussion. After being hospitalized for several weeks and undergoing fusion surgery of her neck, the woman sought the legal guidance of the experts at Morrison & Wagner to file a negligent repair negligence lawsuit. They settled the case with the defendants agreeing to pay the injury victim $2,750,000.

Photo for illustrative purposes only. Credit: Bruce Monroe [License]

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Woman’s neck fractured by falling piece of building’s facade (VerdictSearch by Priya Idiculla)

Settlement: $2,750,000

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Court: Kings Supreme, Kings County, New York

Injury Type(s): brain damage; cognition, impairment; compression fracture; concussion; corpectomy; discectomy; effusion; finger; fracture, C4; fracture, neck; fracture, vertebra; fusion, cervical; hand; hardware implanted; head; memory impairment; physical therapy; pneumonia; shoulder; sutures; traumatic brain injury; trigger point injection; vertigo

Case Type: Premises Liability – Negligent Repair and/or Maintenance – Falling Object

Date: November 4, 2016

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY

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Facts & Allegations:
On Sept. 22, 2014, the plaintiff, an unemployed woman, was struck by a limestone fragment that had fallen off of the fourth-story facade of a building located in the Sunset Park section of Brooklyn. The woman sustained injuries of her head and neck.

The woman sued the premises’ owner and the premises’ manager. She alleged that the defendants were negligent in their maintenance of the premises. She further alleged that the defendants’ negligence caused the accident.

The plaintiff’s counsel contended that the accident was a result of prolonged neglect of the building’s exterior. He contended that photographs depicted chips, cracks and other irregularities of the facade.

Defense counsel contended that the accident may have been a result of erosion caused by power-washing of the building, but he ultimately conceded liability.

Injuries/Damages
The injury victim’s head was struck and lacerated by the limestone fragment. She was placed in an ambulance, and she was transported to Lutheran Medical Center, in Brooklyn. Doctors determined that she sustained a concussion and a compression fracture of her C4 vertebra. Her scalp’s laceration was closed via application of sutures. After four days had passed, she underwent surgery that included a corpectomy, which involved excision of her C4 vertebra; a discectomy, which involved excision of the anterior portion of her C3-4 and C4-5 intervertebral discs; fusion of the anterior region of her spine’s C3-4 and C4-5 levels; and implantation of a stabilizing cage. During her convalescence, she developed pneumonia and pleural effusion. Her hospitalization lasted about two weeks. She subsequently underwent physical therapy and a pain-management regimen, which included administration of painkilling trigger-point injections.

The accident victim claimed that her head’s injury caused damage of her brain, with residual effects that included confusion, disorientation, vertigo, and impairment of her memory and other elements of her cognition. She also claimed that her neck remains painful, that the pain radiates to her shoulders, and that her fingers and hands experience occasional tingling sensations. She undergoes periodic physical therapy.

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

Defense counsel contended that the woman did not sustain an injury of the brain.

Result
After selection of a jury, but prior to the scheduled start of the trial, the parties negotiated a settlement. The defendant’s primary insurer tendered its policy, which provided $1 Million of coverage, and the defendant’s excess insurer agreed to pay $1.75 Million. Thus, the settlement totaled $2.75 Million. Defense counsel claimed that, had a trial occurred, a discovery issue may have prevented the plaintiff’s counsel’s presentation of a safety expert who had been retained.

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Judge: Judge Donald Kurtz

Editor’s Note: This report is based on information that was provided by plaintiff’s counsel and defense counsel. Additional information was gleaned from court documents.