Articles Posted in Bicycle Accident Injury

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A man worked for a Greek restaurant as a dishwasher and as a deliveryman for food ordered for delivery. The Greek restaurant in Staten Island gave the deliveryman a bicycle to use for delivering its food products. On August 5, 2006, the deliveryman was en route to making the last of the fifteen deliveries he had to make during his shift. He was on Pershing Street and was turning left on Manton Street in Briarwood, New York when a car struck him.

The Queens deliveryman was knocked off his bike and he hit his head. He was not wearing a helmet. He his skull and suffered bruising in his brain. His brainwas swollen and so he filed a complaint in damages against the lady driver and owner of the car that struck him on the road. The deliveryman based his claim on the negligence of the lady driver on the road.

The lady driver and owner of the car also filed a complaint against the Greek restaurant, the employer of the bike deliveryman. The lady driver wants the Greek restaurant to indemnify her or at least contribute to the payment of damages claimed by the deliveryman.

The lady driver claims that the Greek restaurant was also negligent. It allowed the deliveryman to ride a bike without giving him training or instructions as to how to ride a bike safely. She claims that the Greek restaurant also failed to provide the deliveryman with a helmet to use when he rode the bike to make his deliveries. She claims that wearing a helmet is required by law and the deliveryman’s failure to wear a helmet contributed to the extent of his injuries.

She also claimed that the Greek restaurant scheduled too many deliveries so that the deliveryman was pressured to ride his bike recklessly on the streets. The lady driver also claimed that the Greek restaurant failed to supervise the deliveryman in the course of his employment.

The Greek restaurant, for its part, filed a motion for summary judgment. It claims that under the Workman’s Compensation Law, the employer can only be made liable to indemnify the lady driver for the claims made by the injured deliveryman if the lady driver succeeds in presenting proof that the deliveryman sustained grave injury. The Greek restaurant claims that it can only be made liable only if the deliveryman sustained a brain injury that resulted in a permanent and total disability.

The lady driver opposed the motion for summary judgment filed by the Greek restaurant but the trial court granted the motion for summary judgment. The lady driver appealed the order of the trial court.

The only question before the Court is whether or not the trial court committed an error when it granted the motion for summary judgment of the Greek restaurant.

The Court found that the Workmen’s Compensation Law has a specific and exhaustive list of injuries that it considers grave injuries. One of these enumerated injuries is a brain injury that results in permanent and total disability. The Court held that the term ‘permanent and total disability’ means that the employee can no longer be employed in any capacity as a result of the brain injury he sustained.

The Court found that since the deliveryman has presented medical evidence that details the swelling and clotting and paralysis of some parts of his brain which resulted directly from the fall and fracture he sustained while making his deliveries.

The extent of the brain injury he sustained has raised an issue of material fact which must be tried before a jury. The issue of material fact is whether or not the brain injury resulted in a permanent and total disability.

The Court reversed the order of the trial court and remanded the case for further proceedings.
Are you like the lady driver in this case who is being made to pay damages for injuries.
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Prevention of an injury is always better than curing one that’s already occurred. Doctors believe that it is an important part of public policy to educate people on ways to remain safe, in both developed and developing countries. Such programs require a national effort, building community awareness, and policies that promote both political and public education in order to reduce the number of injuries from occurring.

Such a program was undertaken by the American Association of Neurological Surgeons (AANS) and the Congress of Neurological Surgeons (CNS) in the mid-1980s, called the ‘Think First Prevention Program’. Its goal was to alter risky behavior with a study course aimed at youth. It reinforced public education methods and also sought to influence government policy. Neurosurgeons and lay members would give lectures, show videos, and even made a film called ‘Harm’s Way’.

The most common means of sustaining a head injury remains transport-related accidents, according to studies. Thus, the main focus of such educational efforts focuses on changing the environment in which the motorist, pedal cyclist, motorcyclist, or pedestrian operates. Public awareness programs can be used to both raise public awareness or to insist upon better public safety standards. Such policies have shown success in car advertisement, for example. Car safety as become as big, or a bigger, selling point for cars than the capacity for speed or power. Airbags and reinforced passenger capsules are options that are now standard in most vehicle models whenever possible. Hospitals in Nassau and Suffolk are aware of these situations.

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Laws that require mandatory helmets for motorcyclists show results similar to those requiring seatbelts, studies have found. They decrease both the incidence and severity of head injury, whenever they are enacted. This is evident not only when such laws are implemented, but when they are repealed as well. More than half of all fatalities in motorcycle accidents are due to head injury and the death rates are significantly higher in states that have no mandatory helmet laws.

Study after study shows that incidences of head injury rise when helmet laws are repealed and fall when the laws are reinstated. Not only are such injuries reduced, but medical costs can be reduced by millions of dollars every year thanks to safety laws making the chance of injury so much lower than it otherwise would have been.

This still does not do much to help cyclists and pedestrians who have very little protection against motor vehicles. Pedal cyclists can also wear helmets, and those that do are far less likely to suffer head injury, according to doctors, not to mention fatal brain injury. A number of states have made the use of helmets for children mandatory and placed and emphasis on educating children and their parents on bicycle safety. Such measures have, of course, reduced the number of head injuries and fatalities in bicycle accidents. Even when head injuries do occur, they tend to be much less severe for helmeted bicyclists than for those who do not wear helmets.

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Head injurypatterns differ between children and adults, New York Brain Studies have learned. In the case of children, falls are the most common cause of injury. Most of those that required admission to the hospital were minor. In the case of serious injuries, most of them were pedestrian injuries from motor vehicles. Falls were only second here, followed closely by pedal cycling injuries and being an occupant of a motor vehicle. The most common component of severe injuries was injuries to the head. Falls were more likely to cause injuries both at ages 0-1 and again in adolescence. This was confirmed by hospitals in New York City and Westchester.

Head injury is the major cause of increase in severity, when it comes to children. Such cases often included abdominal injury and pedestrian accidents were the most frequent cause of injury, according to accounts. Severe head injuries for children in general are linked to vehicle accidents. Many of these accidents occur when the children are playing and not in a vehicle, and very close to the child’s home, often in the afternoon between 3 p.m. and 9 p.m. Such accidents were also more likely in less affluent neighborhoods.

Once more seatbelts play a high role in making a difference to the frequency of severe injury when the child is a passenger in a vehicle, studies have affirmed. Those children without seatbelts showed more injuries and more severe injuries, with longer stays in the hospital. They were also more likely to suffer long-term impairment.

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Motorcycle riding has many inherent risks. To those who love the freedom of this transportation mode, though, the beloved vehicle gets too much flak for being dangerous. Enter the National Motorcycle Safety Awareness month.
As for the statistics, motorcycles make up only 3% of all registered vehicles in the U.S. A New York Brain Injury Law Officer reports, though, that they account for almost 15% of all traffic fatalities.
This May take a chance to review driving safety tips. For example, simply wearing a helmet halves the chances of dying in a crash. Wearing protective clothing can help avoid some of the more minor abrasions that can happen.
Safety tips should also include how to drive, not only what to wear. Remember that motorcycles are easily hidden in the blind spot of a vehicle, so try not to ride there.
An Attorney says that one of the most common injuries reported is head trauma. The brain can be seriously injured when the body is thrown in an accident, or twisted up in an accident. Contusions, bruising, bleeding, and swelling occur when the head is turned quickly and violently – like in a crash of any type. Blood clots, also known as hematomas, can occur either on the brain’s surface or deep within brain cells. A New York Brain Injury Attorney says that these injuries are considered emergencies and must be treated promptly by professionals. These findings are of great help to doctors in Long Island as well as Manhattan in treating similar injuries.
It is possible to drive a motorcycle safely, and, just like every other vehicle on the road, it is extremely easy to drive them recklessly. But, bikers are especially prone to serious head trauma, and adequate precautions and safety procedures should be in place to save lives.
With all the talk of the negatives of driving a motorcycle, there are positives. For instance, bikes are easier to maneuver and riders sit higher than a car’s driver. It is easier for a biker to see oncoming danger.
Motorcycle safety is important for enthusiasts and those who avoid them at all costs. Regardless, vigilance and awareness while driving will keep everyone safer on the roads.
Unsafe driving by any motorist can easily cause severe impact on all those on the roadway with them. During motorcycle awareness month, let’s all try to driver safer.
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An off-duty bicycle accident has forced a Mason, Ohio police officer off the job, have learned. It has been a difficult time for all law enforcement officers in Warren County, where Mason is located.
The wife of the injured police sergeant explained that her husband suffered a fall from his bike and sustained a traumatic brain injury. He has been unable to speak since then and has been put on a ventilator to assist his breathing. Doctors have been unable to give the wife a prognosis, as of yet.
“He’s now opening his eyes and he’s moving around. All of his limbs are moving, so that’s a good sign,” she told New York Brain Injury Lawyers after a Peace Officer memorial service.
It happened at about 6:30 p.m. on May 9th, not far from the sergeant’s neighborhood. He had their dog, a black Labrador, with him. Police sources believe he was riding his bike and walking his dog at the same time, but no one is really sure exactly what happened.
The 43-year-old police sergeant was not wearing a helmet, according to his wife. He remains at University Hospital in critical condition and is suffering from other conditions, like pneumonia. Hospitals in The Bronx and Brooklyn treat these kinds of accidents on many occasions with great success.
Needless to say, the whole time has been very difficult for his wife and family.
“The Mason Police Department has just been a phenomenal, huge support system,” she said to New York Brain Injury Lawyers. “I can’t say enough about them, what they’ve done for us.”
The sergeant has been a member of the department for more than 16 years. A fellow officer has described him as well-liked, well-respected, and an excellent officer.
“We’re… very hopeful that he will make it back totally and be back in the department at some point,” the officer explained. He also said the sergeant “is in our prayers and we hope it has a happy ending in the end but it was a taxing week.”
The sergeant and his wife have three children, 17, 14, and 11 years of age.
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