On Behalf of Simon & Gilman, LLP | Nov 28, 2022 | Motor Vehicle Accidents |
Even a few small mistakes on the road can lead to a serious crash when truck tires lose their grip on the road.
When dealing with heavier and larger vehicles, a rollover accident can become even more dangerous than most car accidents.
Speeding without precautions
According to the Federal Motor Carrier Safety Administration, a truck that gathers speed can eventually become harder to handle. When an obstacle appears, the driver could struggle to turn out of the way in time to prevent a crash.
This kind of momentum can lead to a truck jackknifing, which is when the driver’s part of the vehicle and the other back area bend toward each other. When the truck starts to lean forward, it could be impossible to stop a rollover.
Distractions
A trucker trying to use their phone or even just looking off in the distance may set off a series of events that ends in a rollover collision with a car or motorcycle. Taking their eyes off the road while trying to unwrap food or talking to another person inside the vehicle are common ways that truckers can miss other vehicles around them.
Truckers overcorrecting their steering can also make it easier for their vehicles to lurch forward and roll over.
Heavy cargo
If someone overloads a truck with heavy materials or items, a rollover accident could happen if the driver turns too quickly or stops too suddenly. Cargo can influence how far the truck leans to one side or another.
When you are around trucks with distracted drivers and extreme loads, you may suffer from serious spinal cord or head trauma after a crash.
What compensation can you get after a car accident?
On Behalf of Simon & Gilman, LLP | Nov 22, 2022 | Firm News |
A major injury from a car accident could result in considerable financial harm. Getting compensation can help you protect your quality of life after an accident has compromised it.
The damages that you can recover will depend on the severity of your injuries. Likewise, changes to your income and day-to-day life could bear on the compensation that you should seek in a personal injury claim.
Lost wages
If you are unable to work for a considerable length of time after sustaining injuries in a car accident, the responsible party may be liable for the total value of the earnings that you have lost. If you are uncertain about when you will be able to return to work or your condition is permanently disabling, you may need to seek restitution for your future lost wages.
Medical expenses
Regardless of whether you have insurance, you have the right to seek the total cost of treating injuries. An insurance carrier could try to recoup medical expenses that they have paid to providers on your behalf if your claim is successful.
Additional expenses
Having to pay for services that you did not need prior to an accident such as help with housekeeping or childcare could merit compensatory damages. Likewise, the cost of making modifications to your home to accommodate a disability could count towards the value of a personal injury claim.
In effect, the remedy that personal injury claimants seek should be proportionate to the degree of harm that they have sustained. Pursuing a remedy could ultimately help get through your recovery with less stress and uncertainty about the financial repercussions of an accident.
Can a back injury hurt your career?
On Behalf of Simon & Gilman, LLP | Nov 11, 2022 | Personal Injury |
Back injuries are the most common reason for workers taking time away from their job due to health concerns.
At the same time, most people think of back injuries as temporary setbacks to their work that will not affect them for long. But a few back injury sufferers have to deal with the effects of these injuries indefinitely.
Factors determining damage
Mayo Clinic discusses how back injuries can impact a person’s career. Essentially, the true damage of a back injury depends on several factors. This includes things like the health and age of the victim, previous medical conditions, the type of injury sustained, its location, and more.
Based on these factors, it is possible to pinpoint a rough healing timeline. However, back injuries often take much longer to heal from than a person might think.
On top of that, it is a poor idea to return to work with a back injury still in the process of healing. Any additional stress or strain could worsen the damage already done, eventually leading to even more medical attention.
Potential job loss on the horizon
Some people, however, may not actually be able to return to their former position anyway. In some cases, a person will not be able to return to their previous state of capability or mobility. With severe back damage, some people can no longer bend, lift, stretch, or complete other physical actions that may be necessary for a job.
In this way, a back injury can actually impact a person’s chance of staying employed. This is why back injury sufferers must take action for compensation damages.
3 Symptoms of a Basilar Skull Fracture
On Behalf of Simon & Gilman, LLP | Nov 1, 2022 | Slip, Trip And Fall |
If you hit the back of your head when you slip and fall backward, it could result in a basilar skull fracture. Many skull fractures require only minimal medical attention, but according to Johns Hopkins Medicine, a basilar skull fracture is the most serious type and may require hospitalization.
A basilar skull fracture could result in a brain injury. Stat Pearls describes its distinctive symptoms, and you should seek medical attention immediately if you observe any.
If you’ve experienced a skull fracture due to someone else’s negligence in Queens, NY and you would like to speak with an attorney for help perusing the compensation you may be entitled to, contact Simon & Gilman, LLP now.
3 types of FOOSH injuries
On Behalf of Simon & Gilman, LLP | Oct 15, 2022 | Personal Injury, Slip, Trip And Fall |
“FOOSH” is an acronym used in orthopedic medicine; it stands for “fall onto an outstretched hand.”
There are many types of injuries that can result from FOOSH. They range in severity and some can take a long time to heal or require surgery. Healthline describes some common injuries that can result from a fall onto an outstretched hand.
1. Distal radioulnar joint fracture
The radius and the ulna are the two main bones in the forearm. The distal radioulnar joint is the point where they meet. When a fracture occurs at this joint, it can be difficult to restore the bone fragments to their anatomic position for healing. This type of injury usually requires surgical treatment.
2. Cellulitis
If the fall breaks the skin, the wound becomes contaminated or the patient has a compromised immune system, he or she could develop cellulitis, a deep skin infection at the fracture site. The infection could spread to the bone, a potentially dangerous situation.
3. Scaphoid fracture
The human wrist consists of eight small bones, one of which is the scaphoid. The scaphoid bone is on the thumb side of the wrist. A scaphoid fracture is one of the most common FOOSH injuries. However, it is also prone to misdiagnosis because it does not typically cause any deformity of the thumb or wrist. Therefore, people often mistake a scaphoid fracture for a sprain or strain of the thumb.
While most patients recover fully from FOOSH injuries, they can have serious complications. For example, cellulitis can lead to sepsis if the infection spreads elsewhere in the body. A scaphoid fracture can lead to reduced blood flow, which could lead to gangrene.
Avoiding auto collisions as a pedestrian
On Behalf of Simon & Gilman, LLP | Oct 3, 2022 | Motor Vehicle Accidents |
Auto accidents involving pedestrians can be the most serious kind. A car or truck weighs a lot more than you do and can therefore exert tremendous force on your vulnerable body.
According to the National Safety Council, pedestrians account for more than 17% of all deaths from motor vehicle accidents. Most of these deaths occurred among people ages 45 to 74, but all ages are susceptible. Becoming a pedestrian from time to time is unavoidable, so here are some tips to help keep you safe when you have to walk congested urban streets.
Avoid distractions
If you are using your phone when walking, you are not as aware of your surroundings. Put it away so you can watch where you are going and keep an eye out for any approaching cars.
Avoid using earbuds while you are walking. While you may be able to keep your eyes on the road while using them, you may not be able to hear auditory clues of an impending collision.
Avoid drugs and alcohol
Intoxicants can impair your walking ability just as they can your driving ability. It is harder to avoid a collision when your movement is erratic and unpredictable.
Know where to walk
Whenever possible, you should stay on the sidewalks. However, these are not always available. If there is no sidewalk, walk on the left side of the road so that you can see approaching traffic.
Be visible
Wear brightly colored or reflective clothing when walking, particularly at night. Before crossing the street, try to make eye contact with approaching vehicles.
As either a driver or a pedestrian, you should always follow the rules of the road, not only because they are the law but because behaving predictably helps prevent accidents.
3 most common types of construction accidents
On Behalf of Simon & Gilman, LLP | Sep 23, 2022 | Construction Accidents |
Construction accidents can cause severe worker injury or even death. Many hazards exist in a construction workplace.
The construction industry usually has more accidents and fatalities than any other private sector area in any given year. Here are the top three types of construction accidents.
1. Falls
Falls are one of the leading causes of construction site accidents. Workers could fall from ladders or scaffolds. They might trip and fall on equipment in the job site area. An employee can also fall into a shaft, hole, or running machinery. Any fall can cause serious injuries. Workers face a greater risk of severe damage if they fall from a high height or into a deep shaft.
Employers can mitigate fall risks at the construction site by putting up guards and barriers around elevated areas, holes and running machines. The construction site manager should make sure to post adequate warning signs.
2. Impact injuries
An impact injury occurs when a piece of falling equipment or flying debris hits a worker. As workers try to complete their jobs, some items might become loose through vibration or other use. The construction site manager should remind workers to check their equipment to secure it regularly.
3. Electrical shock
Another common cause of injury on a construction site is an electrical shock. Unsafe wiring can cause workers to sustain electrical burns leading to severe skin damage. Employers should make every effort to make sure to encase all wiring on the site.
Due to the high rate of accidents on a construction site, contractors should employ all proper safety techniques to avoid injury to workers.
Under New York law, construction workers may be eligible to file a personal injury claim in addition to a workers’ compensation claim, in some cases where a third party was responsible for the injury.
Unique danger of truck accidents
On Behalf of Simon & Gilman, LLP | Sep 15, 2022 | Motor Vehicle Accidents |
Any motor vehicle collision has the potential to cause serious and possibly life-threatening injuries. Nevertheless, the likelihood of severe injuries increases if you are in a collision with a large commercial truck.
According to the Federal Motor Carrier Safety Administration, there are several reasons why a collision with a truck poses a unique danger. Fortunately, there are also things you can do to avoid colliding with a tractor-trailer.
Why are truck accidents more dangerous?
An 18-wheeler is significantly larger and heavier than you and your vehicle. Fully loaded, a large truck may weigh up to 80,000 pounds. The more a vehicle weighs, the more force it can exert on your vehicle and your body.
In addition to significant weight, a tractor-trailer also has a large center of gravity, making it more likely to tip over. For this reason, trucks also have to slow down to take a curve or use a ramp. The weight of the vehicle makes both acceleration and braking slower for a truck. You may also experience wind gusts when a truck passes you which can make it more difficult for you to maintain control of your vehicle.
What can you do to avoid a collision with a truck?
When you pass a truck, make sure not to return to your lane too early. A truck needs a stopping distance of up to 200 yards, which is the equivalent of two football fields. Trucks have larger blind spots than passenger vehicles, so try to avoid lingering in them.
To know if you are in the truck operator’s blind spot, try to look in his or her side mirror. If you cannot see the operator’s face, you are not visible to him or her either.
What to do after a hit-and-run accident
On Behalf of Simon & Gilman, LLP | Sep 13, 2022 | Motor Vehicle Accidents |
A hit-and-run accident occurs when one party flees the scene. You may be driving your vehicle or have parked it somewhere.
If you have ever been in an automobile accident, you understand the stress of the recovery process. However, if you experience a hit-and-run accident, you may not even know where to start. These are steps you should take after this type of accident.
Identify any injuries and get to a safe location
If you get hit, check yourself and your passengers for injuries. Call an ambulance if necessary. If you are still on the road and have the ability, see if you can pull off. Carefully watch oncoming traffic.
Gather information
Your first instinct may be to follow the driver that hit you. Instead, gather information, including the make and model of the vehicle and its license plate number. Describe the vehicle, including color, stickers or other distinguishing features.
Then, photograph the scene, your vehicle, and the other vehicle if you can. Write down the accident time, date and cause.
File a police report
Contact the police immediately. Fill out the police report completely. Then, ask for a copy of your report and any findings the police wrote down.
Check your insurance coverage
Contact your insurance provider and ask about your insurance coverage. For example, your insurance company may cover your damages if you have underinsured or uninsured motorist coverage. However, if you do not have these coverages, you may qualify for Motor Vehicle Accident Indemnification Corporation compensation.
To get compensated for your accident, get legal help. Your legal team can help you calculate your needs and prepare your insurance claim as well as any recovery if the police find the hit-and-run driver.
Can you get a brain injury from a fall?
On Behalf of Simon & Gilman, LLP | Aug 31, 2022 | Slip, Trip And Fall |
Slip and fall incidents often get attributed to older people who have accidents in their own homes. However, slip and fall incidents can happen to anyone of any age, in any location.
On top of that, these falls can actually have enormous health impacts and consequences that can last a long time.
How slip and falls cause brain trauma
Mayo Clinic discusses trauma to the brain. This can occur for any number of reasons, but surprisingly, many incidents of brain injury come from slip and fall incidents.
For example, a person could walk across a concrete floor that recently got mopped but does not have proper warning signs and end up slipping. If they do not catch themselves in time, they could easily crack their head against the concrete.
This can result in concussive damage. Many victims of slip and falls do hit their heads on the ground in some way. In particular, it is common for these people to hit the back of their head, though it is also possible to hit the front or the side depending on how one falls.
Factors that influence damage
Concussive damage and brain trauma in these cases can vary greatly depending on several factors like the strength behind the hit, the distance to the floor, the type of ground a person fell on and so on. Some people may end up with mild damage, while others can face a potentially large amount of trauma.
It is important for anyone who suffered from a slip and fall incident to get medical help immediately. This can potentially prevent a head injury from going undiagnosed.
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