Welcome to HurstInjuryLaw.com, the personal blog of William W. Hurst, Attorney at Law in Indianapolis. This is where Bill will post his research notes, case studies, and legal news for public viewing. Feel free to browse the site and use any content you find for your own blogs so long as you properly cite our site. For information on Bill's legal practice, please visit his business website at BillHurst.com.

Category: Personal Injury Cases


A concussion is a traumatic brain injury (TBI) that may result in bad headaches, altered levels of alertness or even unconsciousness.  It interferes with the way your brain works and it can affect memory, judgment, reflexes, speech, balance, coordination and sleep manner.  A concussion can result from a slip and fall accident, sports activities or car accidents. Significant movement of the brain in any direction can cause you to lose alertness.  How long you remain unconscious may be a sign of severity of the concussions but all concussions don’t involve a loss of consciousness and indeed most people who have a concussion don’t ever “black out.”  In a motor vehicle accident head injuries that result in a concussion are often associated with injury to the neck and spine; especially in rear end auto collision.  Immediately after such a concussion you may be withdrawn, easily upset or confused.

You may have a hard time focusing or concentrating and have headaches.  Certainly young people with a concussion from sports should avoid playing sports until your doctor releases you to return to normal activity.  Some children may need several months before it’s okay to participate again as multiple concussions can lead to severe permanent problems.  Severe concussions can include bleeding in the brain or brain injury that results in permanent physical, emotional or intellectual changes.  The second impact syndrome is when a person gets a second concussions while still having symptoms from the first one. This raises the risk of brain swelling which can be deadlyhttp://www.ncb.nlm.nih.gov These are often seen in sporting events and are more recognized as a risk for football players of all ages.

 

Although concussions are usually caused by a blow to the head they can also occur when the head and upper body are violently shaken.  Often a person who is in an automobile accident can have this type of concussion and not realize it.  Every concussion injures your brain to some extent and these injuries need time and rest to heal properly.  While most concussive traumatic brain injuries are mild and people usually recover fully, a certain percentage do not.  www.mayoclinic.com/health/concussion/DS00320 It is the rotational movement of the brain inside the cranium and the shearing forces affecting the upper reticular formation that create torque which leads to the typical loss of consciousness.  These forces cause the brain to move in a swirling fashion and contact the inner prominences of the skull.  Such movement makes the brain bump into the interior of the skull at the point of impact as well as the opposite side of the skull, resulting in contusions (bruises) that damage two sites of the brain.   A concussion involves a host of effects that emerge several hours or days after the trauma.  It is critical that a physician monitor these secondary tissue damages as they are frequently the origin of significant long term effects including brain damage, cognitive deficits, psychosocial/behavioral/emotional changes, and bio mechanical changes at the cellular level.

Concussions and other brain injuries are fairly common.  About every 21 seconds someone in the United States has a serious brain injury and, once again, the most common reasons people get concussions is sports injuries such as in football, boxing and hockey.  This is true even with the use of protective head gear.  The symptoms of a concussion may include:

 

  • Seeing stars;
  • Feeling dazed/dizzy;
  • Memory loss – trouble remembering things that happened right before the injury;
  • Nausea or vomiting;
  • Headaches;
  • Blurred vision and sensitivity to light;
  • Slurred speech and saying things that don’t make sense;
  • Difficulty concentrating or thinking or making decisions;
  • Difficulty with coordination or balance;
  • Feeling anxious or irritable; and
  • Feeling fatigued

 

While someone who has a simple concussion usually has these symptoms and are better in 7 to 10 days, some concussions are more complex and people experience persistent symptoms over a long period of time.  During the first few days following a concussion people should rest.  Both physical and cognitive rest are important, and certainly if you have a more complex concussion you must see a brain injury specialist.  The doctor will do a thorough examination of the nervous system and rule out some of the more serious problems which may result, such as bleeding or other issues with the brain.  Certainly if the symptoms last longer than a week the patient may require further testing of thinking, memory and reaction time and other brain functions.

A person who has a concussion and hasn’t recovered within a few months is said to have post-concussion syndrome.  That person may have the same problems described above such as poor memory, headaches, focus issues, and irritability and these can last for a longer period of time and may even become permanent.  Someone who has these kinds of problems continuing after a concussion may also be referred to a rehabilitation specialist for additional help.  www.kidshealth.org>Teens> Staying>Safe  In the more serious cases of post-concussive syndrome a brain subjected to a violent force could be torn, sheared, crushed or displaced and tissue can be destroyed.  It can bleed, swell, and occasionally it might even shut down.  This condition is known as traumatic brain injury.  This type of injury can easily impair the ability to think, do and know.  Memory, mood and attention are the top 3 complaints of brain injury patients.  Often there are personality changes, including rapid mood swings, alternating with waxing and waning energy levels.  The overall effect can be profoundly disabling.For a brain injury checklist see www.headinjury.com/check also www.ncbi.nlm.nih.gov>Home> Diseases>And>Conditions

 

If you or  a loved one has suffered a brain injury at the fault of another, you should consult an experienced personal injury lawyer.  Our office has represented hundreds of seriously injured clients ; many of whom required long term care. You can see our website at www.billhurst.com or call for a free consultation at 1-800-636-0808.  We only charge a fee if we recover for your family.

www.indianapolisabogado.com

Moments after an automobile accident can be emotional and sometimes very confusing.  However, despite thus, during this period of time it is very important that certain things be done  by someone who is not to seriously injured in the accident to do them. Http://www.insure.com>car insurance> car insurance claims

The safety and health of everybody involved in and auto accident is the most important concern in any crash circumstance; and certainly if anybody injured their medical needs need to be dealt with quickly and completely.  Once you get past the stage of checking and caring for the injured, there are practical steps that you need to take.  You must not let your emotions make you do or say things that may effect your personal injury claim.  You can use the following steps as a guide. Generally, what you need to do are divided into categories, (1) what you do at the scene of the accident and (2) what you do immediately after the accident. http://www.dmv.org/insurance/first-steps-following-a-personal-injury-auto-accident.php

Here are some easy steps:

  1. Call for Help. After an accident whether minor or not you should call the police or 911.  The police will be able to control the accident site and make an official report which will save you from getting into an argument later about what occurred and who caused the accident.

2. You should never leave the the scene unless told otherwise by the police.  However in some circumstances if it is a minor collision it is certainly advisable to move your vehicle to a safe position.  In any case always put on your hazard lights and get  yourself in a safe area.

3.  You will need to write down all your contact information with whom ever else was involved in the accident and if possible obtain the names of the witnesses.

 

4. Take pictures on your cell phone if you have the capability.  Pictures are often very important later if you end up making a claim.  As you know pictures are better than a thousand words! This will often determine who is at fault in an accident.

 

 

5.  Make sure you get treated for your injuries.  Of course if anyone else is hurt you must, if physical able, assist in getting treatment for those people also.  This is the most important thing you can do and the very first thing that should be done. Unfortunately injuries at the scene can get worse in time.  Particularly if you have a head injury.  When in doubt you need to seek medical attention even if it seems like a minor crash.

6.  Don’t talk about the accident once you have gathered the information. Don’t say anything about the accident, admit fault, or blame.  Always be polite and never use vulgar language.

 

 

7. If your vehicle is being “towed”  you should remove all valuables and personal items in your vehicle .  You should find out exactly where it will be taken so you can pick it up later.

 

8. After the accident you should call your car insurance company to report that you have been in an accident.  Answer all necessary questions but do not volunteer a lot of information. In particular if they are recording your statement please be concise and directly respond to the question without volunteering any extra information.

9.  Immediately after the accident you should visit your doctor and when you are examined you must tell the doctor about your accident and the specific details of what happened.  When you get home remember to make notes, diagrams and put them in a place where you can find them later.

 

 

10.  While you do not discuss fault with driver or passengers at the scene you should also not discuss fault with anyone other than (later),  your attorney, or to some extent your insurance company.  You are required to cooperate with your own insurance company or you can void/ lose your coverage.  It is important that you get legal advice prior to making any claim against any insurance company including your own.

 

11. You should get a vehicle repair estimate at a reputable body shop or dealer.  You should also know what your insurance covers for expenses related to an auto collision. In the event you do not know this it should be reviewed immediately.  Once again if you have an experienced personal injury lawyer he can help advise you regarding to your coverages and your rights!

 

 

12. Never accept a final insurance settlement without knowing what your future medical conditions are or what the medical subrogation liens may be on the sums advanced to you. (e.g. – medical payments, health insurance payments and reimbursements.)

 

13. Never ever give a statement to the claims adjuster for the other parties. These statements will reappear months or sometimes years later and impact your ability to testify.

 

14. Keep in mind it is always important to have your drivers license, insurance card, and registration in your car at all times. www.teenhelp.com/teen-issues/car-accidents.html

 

What to do after an automobile accident that is not your fault

You likely will be contacted by the insurance carrier of the party who was at fault in the accident.You will be filing claims with that persons insurance company. Even if the other driver is solely at fault, you do have the obligation to file a claim with your own insurance company and make claims under the appropriate coverages.  The claim you have with your own company is known as a first party claim.  This means that you have a contract with your own insurance company, and the company agreed to fulfill certain conditions set forth in your policy once you make a claim for expenses arising as a result of a collision.  The claim you are making against the wrong doer is known as a “third party” claim, in this case you have a direct contract with the wrongdoer’s insurance company. The parties  obligation to you is through his/her policy, this insurance company has no contractual duty to you and may or may not honor and pay your claims.

Once you have made a claim with the other drivers’ insurance carrier, it will investigate the claim; and if it deems their insured is at fault will offer you a settlement if they determine their insured is responsible.  Generally an insurance company will not settle your claim unless you sign a “Release For Damages.”  A “release” means you agree to a certain amount of money and that is all you will ever receive from the other driver and or his/hers insurance company.  You will, therefore, be barred from making any further claims.

Often you may agree to the amount of the property damage, but not be ready to settle your injury claim due to ongoing treatment.  An insurance company likely will not refuse to pay your property damage simply because your bodily injury claim is outstanding; and if the release they present you is written properly it will not prevent you from making a personal injury claim later. www.Insurance.Illinois.gov/AutoInsurance/auto_other_co_claim.asp

In some instances, the other driver may not have any insurance at all.  In the State of Indiana fault is not determined based upon who has or has no insurance.  This usually is a fairly common occurrence.  In such a case, in the event you have “full coverage” on your automobile, you will  have coverage known as “no fault” insurance. Offers of  money to compensate for your  loses from an uninsured person who caused an auto accident generally,  will simply be difficult and likely minimal, as the burden could not afford insurance he likely, will not have the funds to pay you.   Also if you have a significant claim, the person who caused the accident can file bankruptcy to prevent you from making any recovery.  Your policy (probably) has uninsured motorist coverage. This coverage will be unable to compensate you up to the limits of you purchased. In this event, you must contact you insurance company immediately and let them know that you will be making a claim.  Often proof is required that the other party does not have liability coverage.  Contacting an experienced attorney following a personal injury accident is important to ensure all of the conditions pf your insurance contest involving an uninsured party may be complied with. http://web.finweb.com/insurance/car-accident-with-no-insurance-what-are-your-options.html

In an uninsured motorist claim,  your insurance company “stands in the shoes” of the other driver’s insurance company and compensates you just as if he had these coverage and limits.  Indiana Law requires that every policy sold must include uninsured and under-insurance protection unless waived in writing. http://www.in.gov/idoi/2579.htm

Seeking the advice of an experienced attorney is very important whether you are the uninsured driver facing or losing your drivers license; or if you are the injured driver of the car involved in an accident with an uninsured motorist or an insured motorist.  Only an experienced personal injury lawyer can provide you with sound legal advice.  If you or any member of your family has been involved in a vehicular accident where you are injured whether the other party is insured or uninsured, you may contact William W. Hurst, an experienced personal injury lawyer who has limited his practice to personal injury  at 1-800-636-0808 for a free consultation.

Our office will represent you without fee until you recover money or I’ve won your case.  For a description of our legal services see www.billhurst.com

www.indianapolisabogado.com

 

In Indianapolis on March 12, 2012 a bus driver and a 5 year old girl were killed and at least 10  more students injured in a school bus crash in Indianapolis.  There were 50 students on board a bus carrying Lighthouse Charter School students that crashed into a bridge abutment on the way to school.  Two young boys are still in critical condition.  http://www.theindychannel/news/30658347/ detail.html In Chesterton, NJ, on March 13, 2012, drivers involved in a fatal school bus crash received citations.  This crash happened on the morning of February 16th at the intersection.  A school bus was struck by a dump truck.  The crash killed an 11 year old and injured 17 others.  http://www.abclocal.gov.com/wppn=news/local&id=8579506 Every school day over 22,000,000 ride in the yellow buses back and forth to school, as well as to various activities associated with their education.  Despite these statistics data regarding accidents and injuries related to students’ transportation are poorly maintained, inaccurate and are often misleading.

The National Highway Traffic Safety Administration (see NHTSA 2002 report to Congress) states that on average during the past 11 years school buses have been involved in over 26,000 crashes resulting in less than 1,000 incapacitating injuries and slightly more than 7,000 non-incapacitating injuries.  However, close examination makes it appear that there is something wrong with these statistics as the 1992 injuries and deaths included more than half of the incapacitating injuries.  These statistics have been subject to criticism.   These statistics show that 42% of the overall fatalities are from a side impact or non-collision such as a rollover accident. It is for this 42% of fatal accidents that seat belts have the greatest potential for saving a life.  Since 1977 NHTSA has relied on “high-backed” padded seats to provide passenger restraint during school bus crashes.  However, a 1999 special investigation regarding bus crash worthiness concluded that the current method of restraining school bus passengers is incomplete and it does not protect passengers during lateral impacts with a vehicle of large mass and in rollovers because in such accidents the passengers do not always remain completely within the seating compartment.  www.ncsbs.org/testimonials/fatalities_and_injuries.htm.

So as it has been known for many years that seat belts would be of value in preventing death and incapacitating injuries, the question arises, “why haven’t seat belt laws been instituted regarding school bus transportation?”  The answer lies in the statistics that tell us that school buses have a rate of .02 deaths per 100,000,000 miles traveled; a rate of deaths in automobiles in eight times higher.  So over a span of 11 years from 1994 to 2004 a total of 71 passengers on school buses died in crashes, and in 2004 alone traffic accidents killed 31,693 people in cars and light trucks.  So, school bus travel is much safer without seat belts than traveling in an automobile.

We know that by law “kids” on bikes have to ride helmets and “kids” in cars must be secured, so it’s often a surprise to learn that Federal Law does not require seat belts on most school buses.  In a few States buses are equipped with seat belts.  The states of New York, New Jersey and Florida have their own laws requiring lap belts on all school buses but not belts that go over the shoulder and lap or a 3-point safety restraint.  All small buses in the U.S. are required to have lap belts.  Essentially these bus types are usually built on van frames; however, the conventional big yellow school bus is designed to meet a different federal safety standard.  Unfortunately the NHTSA contends that compartmentalization alone (above described) is adequate crash protection and that to mandate seat belts in addition would be messing with success.  Seat belts will limit the number of kids who can squeeze into a bus seat and that might mean some schools would have to buy more buses or else tell kids to find another way to school.  Opposing this advice the American Academy of Pediatrics wants to see a 3-point safety belt in every school bus and this is a position that’s held by the Academy since 1996.  The Academy cites too little information is known about injuries in school bus accidents to truly conclude that buses are safe enough without seat belts.  Certainly under no circumstances if a bus rolls over does compartmentalization protect the passengers.  Often cited is an October, 2005 accident which happened in Plainfield, NH.  A bus taking kids home from school ran off the road and flipped over on its side.  None of the 28 children on board were injured and all but one were wearing seat belts.  www.webmed.com/parenting/features/child-safety-school-bus-still-best- The National Highway Transporation Safety Act on July 11, 2007 held a public meeting to discuss the effectiveness of seatbelts on school buses.  An NHTSA administrator at that time made a public commitment to investigate options for improving the safety of bus transportation. On November 21, 2007 as a result of this meeting the NHTSA released a notice of a  proposed rule making the FMVSS 222 regulation for bus seat design and performance to incorporate a performance specification for lap/shoulder belts.

According to the information reviewed by the NHTS in making this decision included data that in their 2002 report every day there are over 144 school bus accidents with approximately 26,000 a year and more than 9,500 children are injured in school bus accidents every year.  The American Academy of Pediatrics estimates that 51,100 school bus related injuries are treated in emergency departments between the years of 2001 to 2003 which averages about 17,000 children injured in school bus accidents every year.  According to the 2005 data reviewed by NHTSA in their rule making an average of 21 school age children die in school transportation related traffic deaths every year.  This number applies only to daily school routes and does not account for extracurricular activities that often take place outside the normal school hours.  The NHTSA research on lap/shoulder belts indicates that lap/shoulder belts in every vehicle in which they  have ever been introduced reduce injuries and fatalities by 45%. Increasingly school buses are traveling longer distances and children use school transportation to travel to sporting events and other activities outside their communities.  www.safeguard4kids.com/statistics.htm.  Most manufacturers estimate that seat belts would add about $2,000 to the cost of a new bus.  Retrofitting an existing bus would cost more, perhaps around $3,400.  Some parents believe it’s not the school bus but the driver that they should worry about.  There’s no federal law requiring background checks for drivers but a number of states and individual school districts do have that requirement.  Some states also require drivers to undergo extensive training on various aspects of their job, have frequent driving record checks and pass periodic drug testing and medical exams.  www.safetyissues.com/cite/school/school_bus_accidents_threaten_kis_safety.html

In Indiana in particular the accident that happened recently leaving a student and a bus driver dead has raised concerns in Indiana about school bus safety.  Another bus in Quincy, Washington that had to do with a rollover caused critical injuries.  In both of these accidents neither bus was equipped with a passenger seat belt, which the National Highway Safety Traffic Administration does not require in the larger school buses.  An NHSTA spokesman indeed claims that buses are “even safer than their parents’ cars” and therefore will not make any effort to currently enact any laws requiring seat belts on a federal level.  It’s true that the government did strengthen its compartmentalization rule in 2009 to require higher seat backs in school buses for better protection.  However, as to whether large buses are equipped with seat belts that decision has been left up to the states and individual school districts.  www.abcnews.go.com/blogs/headlines/2012/03/ school-bus-crashes-raise-the-issue-of-seat-belts-and-bus-safety/ In Indianapolis, Indiana, a local company manufacturers seats for school buses and have conducted research on bus safety.  This research concludes that restraints do work and all the seats that they’re currently building (IMMI) now come with seat belts and shoulder restraints.  The company notes that children are now used to climbing into the vehicle and putting on lap and shoulder belts, and sometimes they wonder where they are!  There are now six states that mandate seat belts on school buses but there is no effort anywhere to retrofit old school buses.  The cost apparently is the major factor.

The Governor apparently believes that it’s time for a new law requiring seat belts and now State lawmakers have taken up the discussion.  The need for school corporations to have the school bus safety reviewed by bus experts is needed immediately and should not wait.  www.wishtv.com/dpp/news/indiana/ will-school- bus-seat-belts-become-law  It’s clear that advocates of school bus seat belt laws are gaining steam in Indiana.  State legislatures who support such a requirement are becoming persistent in their efforts.  Unfortunately, the State Education Department’s Director of School Transportation a day after the deadly school bus crash in Indianapolis stated that while they would love to require safety belts in every school bus the system simply can’t afford it.  In defense of the current safety standards the Director stated that this past Monday’s accident was the first fatality of a school age child riding or getting on or off a school bus since 2009.  He indicated that it would cost approximately $160,000,000 to equip all of Indiana’s 16,000 school buses with effective restraints.  At this time the State nor individual districts could shoulder that cost.  Our current state laws require the Indiana State Police to inspect all school buses at least once a year.  Current legislators have stated that they can’t remember any legislative push prior to now to require the restraints on the buses in recent years.  However, now in view of this accident it may come up, particularly if the media coverage continues or another accident occurs.  He points out that only six states currently mandate that larger school buses are to be equipped with seat belts.  The director of the State’s Education Department does note that some districts are installing safety belts and covering the cost themselves.  But he fears that if this was a requirement of all public schools many would just stop providing the bus service all together rather than shoulder the cost.  www.ibj.com/indiana-can-t-afford-to-add-seat-belts-to-buses/PARAMS/article/33202

 

The Law office of William “Bill” Hurst has been in business since 1981 in the State of Indiana, representing Hoosiers across the State for personal injuries sustained in various kinds of accidents or events.  If you would like to contact our office to discuss a bus accident injuring you or your child you may contact this office for a free consultation at 800-636-0808.  You can also browse our personal injury website for more information at www.billhurst.com There is no fee unless there is a recovery and you receive money.

 

www.indianapolisabogado.com

A bus driver and a student were killed on March 12, 2012 in Indianapolis, Indiana and 10 other children were injured.  A school bus driver and a 5 year old student died this week in in a bus accident on the southeast side of Indianapolis.  Two other students were critically injured and several children were hurt.  The accident happened about 7:40 in the morning in the 900 block of S. Emerson near English Ave., two miles away from the Lighthouse Charter School where the bus was going.  The bus struck a railroad bridge abutment peeling back one side of the bus.

Speculation among the students and parent at the recent vigil on the cause of accident range from the bus driver being distracted by something to a sudden health problem such as Cardiac Arrest.  While the accident is currently under investigation, the cause is no known.

Indianapolis students that were injured in the bus collision were taken to Wishard Memorial Hospital and Riley Hospital for Children and all the children were released to their parents except for two critically injured who are still being treated at the hospital.  There were 50 children on the bus ranging in age from 5 to 16, and many of these students were trapped inside the bus after the accident for some period of time when in required extrication by the emergency rescue personnel.

Miller Transportation which owns the bus has hired experts including an accident reconstructionist to do an independent investigation.  There is a camera on the bus but apparently there were some problems in its operation.  Most of the kids all stated the the bus driver was very nice and well liked.

According to the National Association of State Directors of Pupil Transportation Services, bridges and tunnels such as the location involved in this accident are considered a hazard.  It has been recommended that School Districts and bus drivers take these hazards into account when planning bus routes.  The State Head of the Department of Education has indicated that a bridge like the one involved in Monday’s crash should be considered as dangerous.  It is clear that road hazards will be a hot topic at the State Transportation Conference this June, as well as this deadly bus crash.  www.theindychannel.com/news/30679918/detail.html.

In addition to the Indianapolis bus crash, there were at least two other bus accidents across the nation in a similar time frame, raising issues regarding bus safety.  Three hours after the Indianapolis bus crash, in Quincy Washington a school bus rolled over on its side with 38 students onboard.  The driver of this bus and three children were very seriously injured.  That same afternoon in rural Ohio a bus ran off the road and several students aboard suffered minor injuries that required medical attention.  All of these bus crashes in one day have many wondering if the seat belts should be required on buses.  Only six states currently require seat belts on school buses and it has been a long running debate in most state legislatures.  Some state officials, including Indiana, argue that equipping new buses and retrofitting older buses with seat belts would be too expensive; and that buses are generally safe anyway with the protection afforded by the “compartmentalization” of the seats seating and arrangements. http://www.whas11.com/news/Indy-bus-crash-2-other-across-nation-raise-questions-about-bus-safety-142497355.html

If you or your child is injured in a bus collision or other tragedy in a motor vehicle accident, you should consult with an experienced personal injury attorney immediately.  You may contact our office or call William “Bill” Hurst at (800-)636-0808 for a free consultation.  You can also browse our personal injury website for more information at www.billhurst.com.

There are over 200,000 automobile and truck crashes in Indiana every year.  Various organizations have studied these fatal accidents and have established accident statistics between 2000 and 2010.  The State of Indiana reported 754 deaths caused by traffic accidents for the year 2010 which are the most recent statistics.  These fatalities account for roughly 2.3% of all the car accident fatalities that occurred in the United States that year.

Between 2006 and 2010 Starke County, Indiana had the most fatalities per 100,000 population with 42.8 in 2006 and then 42.79 in 2010.  The county with the least overall fatalities statistically would be either Sullivan County or Wabash County.  http://www-nrd.nhtsa.dot.gov/departments/nrd-o/ncsa/STSI/18_IN/2010/18_IN_2010.htm This web site allows a person interested in determining the location and reasons for fatalities in Indiana to view the Indiana counties and their rankings between 2006 and 2010.  This website also looks statistically at the following facts involved in the fatal crashes.

  • fatalities involving alcohol
  • single vehicle crash fatalities
  • fatalities and crashes involving a large truck
  • fatalities and crashes involving speeding
  • fatalities and crashes involving a roadway departure
  • fatalities and crashes involving an intersection
  • crashes involving passenger car fatalities
  • light truck and van occupant fatalities
  • motorcyclist fatalities by county
  • pedestrian fatalities by county
  • bicyclist fatalities by county

The National Highway Traffic Safety Administration accomplished a study that further determines the area of the Indiana county where the automobile/truck/motorcycle crashes, and even further whether it’s a rural or urban area, whether or not the occupants were restrained or unrestrained and the age group involved.  In the case of motorcycle fatalities NHTSA statistics further determine whether the deceased motorcyclist was helmeted or unhelmeted.

The top five Indiana driver errors that play a role historically in causing accidents are (1) failure to yield (30,000), (2) following too closely, (3) unsafe backing, or (4) speed too fast for weather conditions.  The fifth reason stated for the least serious accidents involved “running off the road to the right”.  www.in.gov/cji/files/teenage_ drivers2-pdf

Indiana City accident statistics were compiled and cities were ranked for the most serious auto accidents.  In Indianapolis, fatal crashes and road traffic accidents in 2009 included 55 fatal accidents.  There were 90 vehicles were involved in these fatal accidents.  Of the fatal accidents 17 were caused by drunk drivers and pedestrians were involved in 15 fatal accidents.  These fatalities states were down from the 2008 deaths reported in Indianapolis.  The fatal statistics indicate that there were 79 fatal car accidents in Indianapolis in 2008.  http://www.city-data.com/accidents/acc-indianapolis-indiana.html During this same time period, in Muncie, Indiana there were 8 fatal car/truck accidents with 10 vehicles being involved.  The Muncie fatal accidents caused by drunk drivers involved 2 cases and no pedestrians were killed.  There are maps showing exactly where all these accidents took place each year at www.city.data.com/accidents/acc-Muncie-Indiana.html.

In 2009 motorcycles accounted for 13% of all traffic accidents and 60% of all accident fatalities.  In 2009 alone 4,462 people died in the United States in motorcycle crashes.  However this was down substantially from 2008.  Older motorcyclists account for half of all the motorcycle fatalities.  For example, in 2008 51% of all motorcyclists were age 40 or over compared with 33% ten years earlier.  In contrast fatalities among young motorcyclists have declined in the past 10 years.  www.nrd.nhtsa.dot.%20web%20report.htm

While these statistics include all sorts of vehicles, automobiles, motorcycles, semi trucks and straight trucks, tractor trailers and other commercial vehicles, it is clear that the vehicular accidents involving semi trucks generally result in the most serious injuries.  Semi-tractor-trailer and commercial vehicle accidents continue to rise annually.  The Insurance Institute for Highway Safety indicates that over 100,000 people sustain serious personal injury accident and over 5,000 people die annually in these vehicular crashes.  The National Transportation Safety Board (NTSB) also compiles similar statistics and reports for truck driving accidents in the United States and attempts to identify and correct hazards that face truck drivers.  Http://blog/billhurst.com/2012/02/

If you, a family member or friend has been killed or serious injured in a vehicular crash you should contact an experienced personal injury lawyer.  You may contact William “Bill” Hurst at our office for a free consultation.  If we agree to take your case we will charge on a contingency fee basis.  This means we will not get paid unless you receive a verdict or settlement.  You may call us at 1-800-636-0808 or in Indianapolis at 317-636-0808 for a free consultation.

 

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When a driver flees the scene of a car accident without leaving his personal information, a crime has been committed.  The State of Indiana has passed specific legislation that outlines the actions that must be taken after a vehicular accident which makes a hit and run event a crime.  Under Indiana Code  9-26-1-1, any driver involved in an accident resulting in injury, death, or entrapment in a vehicle must stop at the scene immediately (IC9-26-1-1).  The law mandates that each driver provide personal information, assistance to injured parties and/or facilitate transportation to a hospital.  Even if there are no personal injuries if an accident has caused property damage, the drivers involved must exchange information.  If there is more than $1,000 in property damage, the drivers must also report the accident to the local authorities.  Drivers who cause damage to parked vehicles must also stop immediately and provide personal information.  Under Indiana L aw, if you strike a parked car and the owner of the parked car is not available, the driver of the vehicle causing the damage must make efforts to find the owner and after exhausting those efforts, leave his contact information and a statement about the accident with the vehicle.  http://www.in.gov/legislative/ic/code/title9/ar26/ch1.html

The driver who commits a hit and run violation can be charged with a misdemeanor or a felony, depending on whether or not there were injuries involved pursuant to Indiana Code 9-26-1-8.  The penalties are much more severe when a death is involved or if the driver causing the injuries and damages is intoxicated.  Also, in a hit and run, if a report is not filed, the driver’s license of the person who commits the hit and run can be revoked or suspended – even if the injuries or damages caused are minor.

So what should you do after causing a hit and run accident? Did you “run?”  There are number of reasons why individuals do not remain at the scene of an accident:  panic, not having a proper driver’s license, being under the influence of alcohol, or a lack of proper insurance are just a few.  If you do leave the scene of an accident, you should return.  Police departments are highly sophisticated when it comes to tracking perpetrators that leave the scene of the accident; especially if there is an injury to a person, as it carries very severe criminal penalties.  In such an even, there are certain measures you should take to protect yourself.  First of all you should not volunteer any information to police officers.  You must be cooperative but only answer the questions asked  and keep in mind that whatever you say can be used against you in court.  Clearly, it is crucial to contact an attorney as soon as possible to obtain sound legal advice.  Only an experienced attorney licensed in your area can provide you with representation during the legal process.  For a discussion of what to do after causing a hit and run accident, see http://www.hitandrunaccident.com/resources/hit-and-run/hit-and-run-accident/hitting-car-running.htm. This is true whether you were in your automobile, on a bike or a pedestrian.

On the other hand, if you are a victim of a hit and run accident or you or your family member has received a personal injury, you should contact your auto insurance carrier immediately.  You may have a claim under the uninsured motorist portion of your policy which will cover your claims up to a specific limit or “dollar” amount.    Some insurance policies require you to know the name of the person (identify him or her) who caused the accident for you to be covered under the uninsured motorists provision of your auto policy.  You will have to read your policy to determine whether or not you do have hit and run auto insurance designed to protect you at times when another person leaves the scene, perpetually if the person is not found nor identified.  For a general discussion on hit and run auto insurance, the claim, and the coverage see http://www.carinsurancequote.net/hit-and-run-auto-insurance.html.

Often your auto insurance plan will have hit-and-run auto insurance built into the plan but the details are likely unknown to you as it was not discussed when you bought your policy. What is needed to make a claim for a personal injury or property damage varies from policy to policy.   When you are purchasing your automobile insurance policy, you should request a quote with a hit and run (uninsured motorist) provision added to the policy unless it is mandated by state law.  In addition, you should have an explanation made of what is necessary to make a claim when damage is done by a hit and run driver.  In some instances your agent may be able to compare policies and policy provisions for uninsured motorists coverage which usually includes hit-and-run coverage, and find you the most favorable.

When you find yourself in a hit-and-run situation, make sure you get the name, address, phone number of any witnesses who were around when the hit-and-run occurred call the police and promptly report everything to your automobile insurance company.  In the event there is any kind of an injury involved, you should never sign anything which might release your claim without the advice of a personal injury attorney even with your own insurance company adjuster.

For a review of the Indiana hit-and-run laws, and http://www.ehow.com/print/list_6899359_Indiana-hit-run-accidents-insurance.html.  This site will also inform you what the police involvement would be regarding criminal prosecution in a hit and run circumstances.

If you have been injured in a hit-and-run accident and need an experienced attorney who is knowledgeable with regard to the insurance law and injury law relating to hit-and-run accidents, contact William “Bill” Hurst who has represented hundreds of victims in hit-and-run accidents or call him at  (800) 636-0808 for a free consultation.  If Bill or his office takes your case, there will not be any fee paid unless you recover.  See our website at  www.billhurst.com

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Takeda Pharmaceutical Company is Asia’s biggest drug maker and they face tens of thousands of lawsuits in the United States courts over allegations that the Actos diabetes drug causes bladder cancer.  This drug was marketed for Takeda in the United States by the Indianapolis based Eli Lilly & Company from July, 1999 until March, 2006 and in several other companies up until this year. This drug, coupled with diet and exercise, was used as therapy to improve glycemic control for Type II diabetics.

U.S. regulators found in June that an analysis of a company sponsored study showed that some users of Actos faced an increased risk for developing the potentially fatal disease.  There has been other evidence linking Actos to an increased risk of other serious side effects such as blindness and macular edema. Personal Injury Attorneys across the nation are indicating that they are getting calls every day and believe that it may result in as many as 10,000 lawsuits.

Takeda officials this year recalled Actos, its top-selling drug, off the market in Germany and France because of the linkage to increased cancer risk.  The medication had sales of 4.8 billion in the last fiscal year and was 27% of the Japan based company’s revenue.

Pioglitazone hydrochloride, (Actos) was developed by Takeda and was distributed in markets since 1999.  Actos oral tablets were marketed as a medication which would help the body use insulin more efficiently.  There were a lot of warnings and contraindications that accompanied the drug and users were cautioned to have regular blood tests to monitor potential damage to their liver.  However, this list did not include the increased risk of cancer.  According to a December 1, 2011 article by the Associated Press in the Indianapolis Star, Eli Lilly, one of the distributors, lobbying costs in the third quarter of 2010 approached 2.3 million focusing on patent reform, trade issues and hospital discounts.  Actos sales in this article in 2010 were shown to be approximately 3.35 billion dollars with the drug going generic in 2012.  It is noted that not withstanding Takeda’s patent for Actos actually expiring last January, 2011, Takeda, and possibly Lilly and Glaxos Smith Klein, may be battling the forthcoming tide of Actos lawsuits.  Despite that Takeda has already agreed to several generic drug makers on the future marketing of a generic form of Actos.

Both Germany and France have suspended sales of Actos.  The suspension was effective July 11, 2011.  The Food and Drug Administration recently released a safety alert and required a label change for Actos regarding the risk of bladder cancer for users taking the medication for more than one year or taking it in the highest dose.  According to the FDA announcement, Actos can lead to a 40% increased risk of bladder cancer based on a study of more than 200,000 patients with Type II diabetes.  Since 2007 the competing diabetes drug Avandia was shown to increase the risk of heart attack the Actos sales have escalated to approximately 4.3 billion in 2010 alone.

The France Medicine Agency has suspended the sales of Actos after reviewing a cohort study conducted by the French Health Insurance linking Actos to bladder cancer.  Drug regulators in Germany have also disallowed new prescriptions for Actos pending further investigation.  The European Medicine Agency began a review of Actos in March, 2011 which has not yet concluded but may ultimately yield similar findings.  Between January and October of 2010, 2.3 million patients filled prescriptions for Actos according to the FDA.  Based on the 40% increase of risk the number of people who may develop bladder cancer since the drug’s approval in 1999 could easily number in the thousands.

On December 29, 2011, the U.S. Judicial Panel on Multidistrict Litigation ordered that all Actos lawsuits pending in Federal Courts nationwide be consolidated and centralized in the nearest District Court for the Western District of Louisiana and assigned to the Honorable Rebecca Dougherty.  This is a consolidation of all Actos lawsuits filed by individuals alleging that the Type II diabetes medication caused them to develop bladder cancer.  When reaching the decision to consolidate the Actos lawsuits the Panel determined that there were common questions of fact to warrant the transfer of these actions into one Federal District Court for coordination, consolidation and pretrial proceedings thereby eliminating duplicative discovery and consistent pretrial rulings and conserve the resources of the parties, their counsel and the judiciary.  At that time there were only a few, perhaps less than 20, Actos lawsuits currently pending in Federal Courts nationwide.  All of these lawsuits were filed after the June, 2011 determination by the U.S. Food and Drug Administration that Actos users are at increased risk for developing bladder cancer. 

 www.webmd.com/cancer/bladder-cancer/news/20110616/new-bladder-cancer-warning-for-diabetes-drug-Actos

 www.fda.gov/Drugs/DrugSafety/ucm259150.htm

http://www.ibj.com/takeda-lilly-may-face-thousands-of-suits-over-actos-cancer-claims/PARAMS/article/31087

http://www.bloomberg.com/news/2011-12-31/takeda-suits-on-actos-diabetes-drug-combined-in-one-louisiana-court.html

The side effects of Actos at http://diabetes.emedtv.com/Actos/side-effects-of-actos.html 

For several previously known side effects of Actos, including problems such as headaches, sinus infection, and upper respiratory infections.  More serious side effects would include low blood sugar, rapid weight gain, vision changes, pain, tooth problems, sore throat, water gain, edema.  Actos was also promoted as increasing the good cholesterol and decreasing triglycerides.  www.Actos.com

If you or a loved one has experience bladder cancer as a result of taking Actos,  contact our office or call William “Bill” Hurst at (800) 636-0808 for a free consultation.  Our office has successfully represented thousands of clients in .

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According to the American Academy of Orthopaedic Surgeons (AAOS), there are about 270,000 knee replacement operations performed each year in the United States. Many people receiving such surgery are over the age of 65 although the number of knee replacements performed on young adults is growing every year. http://www.surgery.com/procedure/knee-replacement/demographics. There are hundreds of companies that provide joint replacement products and one such Indiana based company is Zimmer holdings.  www.zimmer.com.  Traditionally, knee implants are attached to the femur with cement. Adhesive can break down and may lead devices to fail. Zimmer manufactures an uncemented knee replacement device, the Zimmer NexGen CR-Flex product. The Zimmer NexGen CR-Flex is a synthetic femoral implant which caps the femur (thigh bone) where it connects to the tibia at the knee, without cement.

The FDA recently recalled Zimmer NexGen Knee replacement devices, http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfres/res.cfm?id=86898, because they were malfunctioning in an unusually high rate of patients http://www3.aaos.org/education/anmeet/anmt2010/podium/podium.cfm?Pevent=434. A NY Times article points to Dr. Richard Berger out of Chicago, IL as the doctor who brought the defect to Zimmer’s attention. http://www.nytimes.com/2010/06/20/business/20knee.html. According to the article, Dr. Berger was a consultant for Zimmer and complained to them that one of the models was failing. Zimmer refused to comment on the issue. A number of other doctors have also had similar complaints with the Zimmer NexGen knee implant. If you or a loved one has questions about recent medical device recalls such as the Zimmer please visit the U.S. Food & Drug Administration website (http://www.fda.gov/MedicalDevices/default.htm)  to research recalled devices. If you or a loved one has a Zimmer NexGen knee replacement that causes pain and requires knee revision surgery or replacement knee surgery, contact us today.

We are experience personal injury lawyers.  Our office is currently reviewing Zimmer Knee replacement cases.  Contact us to review your case at no cost, or call us at 1-800-636-0808.

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           November 2, 2011 at the State Fair in Louisiana a 3 year old boy suffered serious critical injuries when a kiddie ride accidentally started while the ride operator was unloading passengers.  The child was left pinned for 20 minutes while workers used the jaw of life to free him.  He was seriously injured. http://www.coaster-net.com/news/1643-accidents-at-the-louisiana-state-fair/  October 31, 2011 there was a collision between two monorails at the Disney resort in Florida.  The accident and injuries to the occupants was caused by the failure of the monorail manager to verify the position of a switch.  There were several serious personal injuries

          On October 24, 2011 a 31 year old woman suffered a fatal fall from a tiptop ride in Dublin Ireland.  She was ejected from her bucket seat and landed on the metal steps leading to the platform. She died instantly.  August 30, 2011 at Bottoms Amusement Park in Berkshire, England, an amusement park ride called a Surf Rider malfunctioned and left seven riders hospitalized.  A gondola attached to one end of the arm remained horizontal throughout the ride keeping the passengers upright and the gondola crashed in a vertical position.  Firefighters had to use a hydraulic platform and ropes to extract all 22 riders who were trapped and injured. Many of these accidents and those mentioned above have been catalogued by RideAccidents.com, which is a non-profit research and education site which focus on Amusement Park Safety.

          The list of amusement park accidents around the world is lengthy.  The site has been established to bring awareness to the risks associated with rides.  A similar site reviews accidents and causations at www.amusementsafety.org\safety_news_11.asp.         Families around the world find amusement parks a favorite destination year round.   The public relies upon the parks and fairs to ensure the rides are safe for the public.  Behind the scenes there are several organizations that also work to provide safe and enjoyable visits for guests at the amusement parks.  There are State laws that require the states to certified rides and provide inspectors  to police the facilities.  The International Association of Amusement Parks and Attractions (IAAPA) and the National Safety Council (NSC) have worked together to establish a nationwide amusement ride injury reporting system for all facilities that have permanent amusement rides in the United States.  These organizations have; for example (in 2009) determined there were approximately  280,000,000 guests in U.S. amusement park facilities and enjoyed 1.7 billion rides.  Only 65 of these personal injuries were reported as serious.  http://www.iaapa.org/pressroom/AmusementRideInjuryStatistics.asp

The Consumer Product Safety Commission also tracks injuries related to amusement rides.  They have established charts and tables summarizing ride related injuries for the years 1997 to 2006 which include the victim’s age and medical diagnosis as well as a description of the incident.  In 2006 this organization estimated that amusement rides caused 8,800 injuries  and most of these involved “gokarts”. 

 http://www.saferparks.org/safety/injuries/us_injury_statistics.php        

 Although the statistical odds of injury apparently are low the consequences of an accident can be catastrophic, including death.  Some amusement experiences are more risky than others.  Consumers should be very careful in choosing rides particularly for children.  If the ride simply looks poorly maintained or the operator appears distracted or the child is not well restrained, don’t allow the child to board the ride.  Clearly those seeking to enjoy an amusement park ride or involve their children in a ride can significantly reduce the risk of injury to themselves and other riders by simply paying attention and following the rules and not “horsing around”.  One must be realistic and use common sense when choosing rides for small children; and if you or your child have a condition, limitation, or disability you need to take the time to really consider whether the amusement ride is worth it. 

          Here are 10 tips to making your day at the amusement park safer  for your children:

1.      Be aware of the safety equipment limitations.  Ride manufacturers provide seat belts, lap bars, and other safety equipment to reduce the risk of injury.  However, many safety devices used on children’s amusement rides often aren’t well designed to keep young children in their seats.  You should not rely on lap bars and seat belts to restrain children!  Solid metal lap bars only fit closely against the largest passenger in the car often leaving young children with room to slide around and out.  Shockingly, there are no mandatory federal standards for the design of amusement rides and their safety devices.  Amusement rides are neither childproof nor often child-safe!  Watch the children using amusement rides before you decide to put your child  on the ride to see how they get along and are protected.  After  observation, use your common sense judgment to determine if the ride is safe for your children.  Do not rely on a ride attendant’s representative that the ride is safe for your child.  Judge for yourself!  If you have any doubt, Don’t ride.  http://www.saferparks.org/faq/

2.      Discuss the ride with your child.  Read warnings out loud to your child and discuss each warning.  Tell your child that even if the ride  stops, he/she can not attempt to get off the rude until the ride attendant says it is time.  Tell to your child that if the ride gets scary, do not attempt to get off no matter what is happening.  It is too dangersous.  Explain that rides might seem scary, but they are safe as long as the riders stay seated and  keep their hands, and hold on tight.  Let your child know how to “behave” and set a good “example”.   

3.      Always obey height, age, and weight restrictions. If your child does not meet the necessary requirements, do not attempt to “sneak” them on the ride.  These restrictions are there for a reason!  The  manufacturer of the amusement ride take into account the forces exerted by the ride and the maturity required to ride safely.  A child who does not meet the ride requirements may not be physically or mentally able to stay safety seated.  Also keep in mind that  manufacturers base their guidelines on height/weight ratios of children based on the average child.  So for example, children who are tall for their age may not be mentally ready for a certain ride.    The bottom line is if you cannot count on your child to stay seated with hands and feet inside, don’t let your child on the ride! 

4.      Don’t put children on rides that could scare them.  Most children who get scared try to “run” and may try to “get off” the ride.  Children are hurt every year becoming afraid and try to exit a ride while it is still moving.  Don’t put a crying child on a ride.  Ared child will get hurt more often than those who are calm. 

5.      Follow any special instructions about seating procedures.  Spinning rides sometimes require that smaller riders sit on the inside (closest to the center pole) to avoid being “smashed” by the bigger riders as the spinning force increases.  Thus, small children should be seated away from open sides.  If you ignore these instructions and reposition your child after the child has been seated , you may be endangering your children. 

6.      Never seat your child in your lap on rides.  If your child is on your lap and the safety bar is above the child’s lap, that position could cause the bar or belt to put too much pressure on your child’s small body.  If the ride doesn’t have restraints and the ride takes an unexpected turn, your child could slip out of your hands and out of the ride. 

7.      Stay out of the sun.  Statistics show that heatstroke and exhaustion out number all other injuries put together.  Stay hydrated and remember alcohol dehydrates. Use sunblock and wear comfortable shoes. 

8.      Teach your kids what to do if they get separated from you.  Have each child wear an ID (such as an ID bracelet, or personalized tag) that includes your cell number so that a security can call with the location of your child if lost.  Play the “What if…” game with your children so they know to stop a security guard if they get separated.  If you can afford it, consider a child locator or tracking device. 

9.      Don’t Over Do It:  If you have eaten a large meal or consumed alcohol, you should consider waiting an hour before riding a ride that spins.  Otherwise, you may not only feel sick, but also have an “bad”  experience.  Most people do better at amusement parks eating and drinking small amounts (plus lots of water) throughout the day. 

10.    Focus on your children: Do not leave your children on their own while you play games and ride rides. If your children are old enough to be on their own you should stay in contact by meeting at designated places and times to see how and what they are doing.  You should have fun but be responsible.  Pace yourself. 

The foregoing is found in The Safety Report – Summer 2011, Vol. 2, Ed. 3. P. 16-19 and Child Safety Techniques to prevent  Amusement Park Injuries at http://www.saferparks.org/pdf/child_safety_guidelines.pdf       

  These tips can be reviewed along with other suggestions at

           www.themeparkinsider.com/safety

 At least 44 States have regulations requiring inspection and safety enforcement.  In Indiana see: http://www.in.gov/legislative/iac/T06850/A00010.PDF?

          For other states see http://amusementsafety.org/states_beta.asp. The U. S. Consumer producer Safety Commission is authorized to investigate accidents and work with manufacturers to correct defects in carnival rides.  The State and Federal government are responsible for safety for rides in the United States.  Full burden regulatory saftey for permanent rides fall to the State government.  www.saferparks.org/regularion/

          We have successfully represented clients injured at amusement parks, carnivals, and fairs.  If you or a member of your family has been injured in an amusement park fall or carnival contact the Law Office of William (Bill) Hurst for a free consultation.  We would be happy to talk to you for free.  You may call us at (800) 636-0808 and see our website at www.BillHurst.com.  We do not charge a fee unless we win your case. 

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Eye injuries are very common and affect in excess of one million Americans every year.  There is increased litigation for the negligence doctors and clinics as well as lawsuits arising out of accidents where negligence is claimed by an injured  person causing the injury.

While eye injuries can be caused by uncommon circumstances like failed laser eye surgery, too much exposure to ultra violet rays in places like tanning salons, defective contact lenses, the majority are from ordinary car accidents and injuries that are work-related eye injuries.  Each day more than 2,000 U.S. workers seek some form of medical treatment because of an eye injury sustained at work.  More than 800,000 work-related eye injuries occur each year particularly at construction sites.  In 70% of these cases the injury is sustained by contact with an object or equipment.  The remainder for the most part were caused by exposure to harmful substances or environments.  This information was determined by the National Institute for Occupational Safety and Health (NIOSH). www.cdc.gov/Features/dsworkPlaceEye/

In an attempt to minimize eye injuries, the Food and Drug Administration (FDA) require the use of protective goggles, in many instances; e.g. tanning salons, and this requirement has lessened the amount of eye damage and injuries from that source.  The Occupational Safety and Health Administration (OSHA) and twenty-five states operating their own job safety and health programs have concentrated on programs and regulations reducing eye injuries.  It has been reported that 3 out of every 5 eye injuries in the work place was caused by the worker not wearing eye protection at the time of the accident or wearing the wrong kind of eye protection.  As the most common cause of eye injury is particles flying, and these particles are typically smaller than a pin head.  The use of mandated eye protection is the primary form of prevention on the job.  However, other injuries caused by objects swinging like tree limbs, ropes, chains or tools which are pulled into the eye while the worker was using them are usually the most severe.  These types of accidents are much more difficult to prevent despite the use of protective eye wear.   OSHA Regulations mandate that the employer ensure that employees use appropriate eye and face protection when exposed to eye or face hazards, whether it is particles, flying objects, liquids or gasses.  http://www.eyesafety.4ursafety.com/OSHA-eye-safety-regulations.html For a resource about various types of protective eye wear see http://www.eyesafety.4ursafety.com/styles.html  This website has the pictures and descriptions of the latest and safest styles of safety glasses.

 

There is a wide-array of treatments for eye injuries depending on its’ severity.   Some types of eye injuries such as deep puncture could require immediate treatment or surgery to prevent permanent eye damage resulting in vision loss.  Minor surface scratches may only need simple monitoring after initial visit to the eye doctor to make sure that complications such as infections don’t occur.  Scratched eyes or corneal abrasions are commonly caused by getting poked in the eye or rubbing the eye when a foreign body is present such as dust or sand.  While abrasions can be uncomfortable they are usually treatable.  However, as scratches can make your eye susceptible to infection which can lead to very serious eye problems.  It is absolutely necessary that the eye be cleansed and treated as early as possible even in the most insignificant injury.  If you have a scratch, you should not rub it and don’t patch the eye either, as bacteria like dark places to grow.  See your doctor as soon as possible!  If a foreign object such as a piece of metal which may penetrate the eye must be treated at the emergency center immediately.  You may cause more injury if you attempt to remove an object that has become impaled.  It should be removed and treated as soon as possible by an experienced physician.

http://www.freemd.com/injury-of-the-eye/treatment.htm 

Chemical burns occur often in the work place, and cause eye pain while others can result in serious injury.  The basic makeup of the chemical involved makes a lot of difference regarding the victims outcome.  For example acid, while it causes considerable burning can be washed out fairly easily.  An alkali burn is much more serious but may not seem so because they don’t cause as much immediate eye pain.  Some examples of alkali substances are oven cleaners and  toilet bowl cleaners.  If you have been splashed in the eye by one of these substances, put your head under a steady stream of fairly warm tap water for about 15 minutes.  Let it run into your eye and down your face, then call your eye doctor and emergency room to see what is recommended for your eye injury.  Tell the person exactly what kind of substance got into your eye.  If you know your eye is at risk, then perhaps you should immediately go your eye doctor or emergency room after you have rinsed it with water.  You can put on a cool, moist compress or icepack on your eye on the way, but don’t rub it.  http://www.webmd.com/eye-health/tc/burns-to-the-eye-topic-overview

When the eye is struck and it bleeds, it usually looks worse than it is.  These hemorrhages can occur even with a minor injury and may be limited to a small section in the eye.  The hemorrhage is painless and does not cause temporary or permanent vision loss.  No treatment is usually required.

 

 

Traumatic iritis is inflammation of the colored part of the eye that surrounds the pupil.   After an eye injury this can come from a blow from an object, and it usually requires immediate treatment.  Even with medical treatment, there is a risk of permanent or decreased vision.  http://www.allaboutvision.com/conditions/eye-injuries.htm

          Another serious injury involves orbital fractures are fractures, cracks or breaks in the facial bone surrounding the eye.  These are serious eye injuries and medical emergencies.  They are caused by a significant blunt force trauma to the eye such as getting hit by a bat, baseball, hockey stick, kicked in the face or you fall striking the steering wheel or dash in an auto accident . These are very serious and need to be treated immediately.  http://webeye.ophth.uiowa.edu/eyeforum/trauma.htm

You should treat all eye injuries as a potential emergency and never hesitate to see an eye doctor.  Don’t take risks with your eyesight.  For more information about eye injuries visit http://www.allaboutvision.com/safety/

An eye injury lawyer can help you after an accident involving serious injury to your eye caused by someones negligence.  If your injury was caused by a wrongful conduct, someone may be liable in a lawsuit.  Eye injuries are often catastrophic and may lead to partial or complete loss of vision, and thus serious disability.  Clearly those who are responsible should be held accountable for all your losses, present and future, including medical costs, wages and pain and suffering.  If the injury is severe, often expert assistance with daily living and activities may be need; and those expenses must be recovered by your attorney.

If you or a loved one has an eye injury, contact the Law Office of William “Bill” Hurst has the experience to access fully the extent of the other parties’ responsibility and to obtain fair financial compensation for you and your family.  You can call Bill for a free consultation at 1-800-636-0808 or see our website at www.billhurst.com.

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Bill Hurst is a partner in Mitchell, Hurst, Dick & McNelis, LLC.
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