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Archive for July, 2009
Blunt Force Trauma and TBI
Traumatic brain injury is more commonly known by its medical name as either a coup and/or contrecoup injury – the initial impact and the counter impact.
One of the leading causes of death in the U.S. for people under the age of 45 is traumatic brain injury. In fact, a TBI happens every 15 seconds. “Furthermore, there are roughly 5 million Americans that, right this moment, suffer from some form of TBI as a result of car crashes, falls and sports injuries,” explained Lance Sharp, an Austin personal injury lawyer at The Sharp Firm.
While one may be excused for thinking the skull is tough as nails, the brain on the other hand is a great deal more fragile, more fragile than we might think. “Not only is it one of the most complex organs we have, but it is also very soft and extremely vulnerable with a general consistency of slightly firm pudding,” outlined Sharp. It’s no wonder that it is susceptible to bruising injuries when it is smacked about inside the cranium.
The brain may be traumatized in two ways. In one instance the cerebral cortex may suffer a contusion after the head has hit a hard object or an object has struck the head (windshield or a bat). In another form of TBI, the deep white matter may suffer from something called diffuse axonal injury, as the result of the head being whiplashed about without striking a hard object, etc. “Depending on how serious the whiplash is, the axons may be stretched so far out of shape they are badly damaged,” said Laura Sharp, an Austin injury lawyer at The Sharp Firm.
The bruising of the brain, or the creation of the contusions, mostly happens to the tips of the frontal and temporal lobes, largely because this is where the brain tends to hit when the head impacts an object or is hit by an object. “No matter how mild, moderate or severe the TBI happens to be, these kinds of injuries must be seen and assessed by a medical professional. Time is of the essence in these cases as well,” added Laura Sharp.
The symptoms of TBI vary dramatically and are not always easy to identify, however some people may present with headaches, dizziness, nausea, vomiting, difficulty balancing, a spacey feeling, poor motor skills, one pupil larger than the other, seizures, slurred speech, numbness and either/or a mood or personality change.
In all cases where TBI is suspected, contact a highly qualified personal injury lawyer immediately and discuss the case with them. The attorney will assess the case based on the details and advise how to proceed to justice. One such firm, with attorneys offering over 40 years of combined legal experience is The Sharp Firm in Austin, Texas.
To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
Tired Deadly Truck Drivers
While there are many reasons why big rig truck accidents happen, one of the more common cited reasons is being dead tired at the wheel and still trucking.
It’s hard to imagine that one of the more common causes of large commercial truck accidents is fatigue, although it makes sense when the whole picture of the trucking industry is brought into focus. Jockeying a big rig doesn’t always pay the best rates and drivers often need to drive for much longer than the legally allowable maximum time on the road. “Approximately 750 people die every year and over 20,000 are injured because of fatigued drivers on the roads with their rigs,” outlined Lance Sharp, an Austin, Texas, attorney at The Sharp Firm.
It’s not too hard to figure out that being sleep deprived will make a trucker, or other driver, drift off while driving, causing the vehicle to swerve into another lane. Other dangerous results due to a lack of sleep may include jackknifing, rollovers and improper down-braking. Unfortunately, when a big rig is involved in an accident, it often winds up involving multiple vehicles. “Over 600 truck drivers a year meet an untimely end as a result of accidents they cause themselves while driving their rigs while not completely awake and alert,” said Sharp.
“Even though it is a legal requirement that log books must be kept, there have been cases where two books are kept instead of one – one showing the required hours a trucker has been driving, and the other showing the actual hours on the road,” explained Sharp. Finding these logs are helpful when it comes to litigating big rig accidents. In addition, if a truck has a “black box” on board, it will help reconstruct what happened prior to the accident.
“Dealing with a large truck accident is most often a mass confusion of overlapping regulations and laws. In most instances trucking accident lawsuits are brought against the trucking company and driver,” commented Laura Sharp. However, there may also be another entire cast of characters thrown into the mix that involves insurance companies, mechanics, government agencies, manufacturers and maintenance companies.
In cases like this, the complete history of the truck, its inspections etc., are crucial to establishing what condition the vehicle was in prior to a collision. Road conditions and maintenance will also play a part in this story.
When there has been a large truck accident, it is vital to contact a large truck accident attorney to have the case dealt with expeditiously. One such law firm in Austin, Texas, is The Sharp Firm, where Lance and Laura Sharp have over 40 years of combined legal experience at your service.
To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
The Other Guy Is Responsible
If you’ve been in a car crash and it’s the other person’s fault, you have the right to file a personal injury claim.
If you have some experience with being involved in an accident, then you know that at the scene the first thing that seems to happen is that everyone points fingers and says “It was the other guy’s fault,” not that this gets anything settled or makes things easier for those involved in the accident.
Basically, the most crucial thing you will need to know, prior to filing a personal injury lawsuit as the result of a car crash, is who is responsible for the accident. In some states there is the concept of comparative negligence or proportionate responsibility, and Texas is one of them. This means that if both parties are at fault for the accident, the award is apportioned according to the percentage of the liability as determined by the courts.
In these kinds of lawsuits, your attorney is required to prove to the court the other party was at fault due to his or her failure to drive with reasonable care. If it can be proven that the other driver was under the influence of a drug or alcohol, on a cell phone or speeding, and that these circumstances caused your accident, the court may award you the damages you are seeking. If it is proven that you were also on your cell phone and were partially responsible for the accident, your damages will be reduced by the percentage of your determined liability.
When it comes to the question of proving who is legally responsible, there are certain things that the courts must see. Your attorney must demonstrate there is a legal duty to provide due care and attention or care and responsibility. Secondly, you must also prove the other party involved in the accident did not exercise due care and by not doing so, was the direct cause of the accident and your injuries.
Being able to prove these things to a court’s satisfaction will usually mean you may be able to recover compensation for damages to your body or personal property. If you have been involved in a car accident and sustained significant injuries, consult a highly skilled personal injury attorney who will discuss your potential case and advise you on how to proceed. Each case is based on the facts and not all cases will go to court.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
Why Motorcycle Accidents Happen in the First Place
There are numerous reasons why motorcycle accidents happen, and many of them are the result of another motorist’s negligence.
It’s unfortunate, but true, that just about one third of all motorbike crashes come about as the direct result of another vehicle turning right in front of them. Even though the speeds involved in an accident such as this may be relatively slower, compared to being on a main roadway, the lack of protection a bike rider has will still spell serious injury or death. Motorbikes don’t stop on a dime either and even if the rider has excellent reflexes, there may still be some significant damages personally and to the bike itself.
It isn’t just the fact that other motorists casually turn in front of bikers that is the problem, it is also incidents that involve driving under the influence of drugs or alcohol, driving recklessly in lousy weather and on poor roads, breaking basic traffic rules and regulations, running stop lights, driving without proper corrective lenses if required and yes, even sleep deprivation. The causes for accidents are legion; the results unfortunately are often very serious injuries or a fatality.
Aside from other motorist’s not paying attention to the rules of the road and acting in a negligent manner, motorcycle crashes may also happen as a result of a mechanic’s negligence. Two wheeled vehicles like this need extra care and maintenance and if a mechanic fails to do what is required with due diligence and care, this puts the biker at a huge risk on the road.
For instance, if a nagging engine problem was not corrected properly, a misaligned tire wasn’t fixed or a balding tire was left rather than putting a replacement on, this failure to do what was necessary to make the bike safe may result in a nasty pile-up later. This is one of the reasons why it is important to know the precise cause of a motorcycle accident in order to correctly apportion liability where it belongs.
While not many people give this much thought, roadways are a major headache for bikers. If those roadways are not properly maintained and cared for and a motorcycle hits loose gravel or potholes, they are likely to skid or flip. In circumstances like this, the bike accident may be attributable to local official negligence.
If you have been in a motorcycle accident and suffered severe injuries, or have lost a loved one to such an accident, contact a highly qualified motorcycle accident attorney who will advise you of your rights. Once s/he knows the details of your case, you will be able to discuss how you want to proceed to justice.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.
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