It’s becoming more commonplace to see many drivers on their cell phones, reading maps or newspapers, putting on lipstick or eating lunch while driving. But don’t look now, the driver cruising in the lane next to you may be checking Facebook or surfing the Web. New in-car services, such as Toyota’s Entune and BMW’s ConnectedDrive, demonstrate how automakers are hoping to attract new customers by integrating smart phone and Web access into vehicle control systems. In addition, some cars come loaded with electronic features that are guaranteed to boggle the brain.

Toyota’s Entune system allows drivers to use their smartphones to access onscreen Web information such as weather reports or stock quotes, send texts, Tweet or post to Facebook. Other manufacturers are producing cars with complex electronic features and complicated controls. For example, the 2011 BMW 750i requires six steps and ten seconds to manually tune a radio station frequency, using voice commands and rotating a controller knob.

For some car manufacturers, such as Toyota, offering more, unrestricted complex technology for drivers represents a departure from the past. In older Lexus RX350 and 400h models, drivers were locked out of most functions, initiating calls and GPS mapping, while the vehicle was moving. But automakers say that drivers are already using those functions via smartphones. So why not offer the same features with voice interaction or touch screens and buttons in vehicles.

As car manufacturers struggle to balance safety with technology and marketing, results in a 2006 Virginia Tech study of car crashes should be considered. The study found that driver inattention played a role in 80 percent of accidents, five years ago when technology was less prevalent. With driver distraction currently a significant issue, expanding in-car technology and electronics available to drivers in motion increases the likelihood that the rate at which serious accidents and injuries occur will dramatically increase.

Many experts agree that automakers, under pressure to place in-car electronics in vehicles to increase sales, are not making safety a high-level priority. Experts worry that drivers are using their eyes, hands and brains in such a way that competes with driving.  Self-regulation does not work as people don’t have the skills or intuition to monitor whether they are running red lights or driving erratically because they are distracted.

The National Highway Traffic Safety Administration is currently evaluating in-car technology to develop criteria to assist automakers gauge the risks in their systems. Results should be available later this year.

The Centers for Disease Control and Prevention estimate that about 48 million, or one in six Americans, will become sick from tainted food this year; 3000 will die. In a report that was made public in December 2010,  scientists said the statistics do not offer insight or guidance into how to prevent major outbreaks. Knowing the food source that is linked with the disease is key in answering questions around, for example,  how much salmonella is coming from pork vs. beef, chicken or eggs. Researchers admit that little is known about foodborne illnesses. In fact, four-fifths of foodborne illnesses reported each year are caused by “unspecified agents” that may include pathogens or chemicals in food that have not been discovered or identified as the cause of illnesses.

Despite the large number of Americans who are sickened every year by tainted food, there are a number of simple things you and your family members can do to avoid becoming a statistic:

1. When shopping, always check the freshness date on the product to make sure that you are not buying spoiled food.

2. Use care when buying pre-ground hamburger,  as this cut of meat can easily become contaminated with fecal matter from cows.

3. Always thoroughly wash and drain fresh vegetables and fruit before use.

4. Buy your groceries from reputable stores that have a high turn-over of food items, as your chances of buying safe, fresh food are increased.

5. Use two different cutting boards, one for meat and another for fruits and vegetables. Clean cutting boards with hot, soapy water after use. Wash your hands before and after preparing foods.

6. Trust your senses. If the food looks or smells bad, don’t eat it!

7. If possible, keep hot food at 150 degrees and cold food under 40 degrees. Foods prepared with mayonnaise are especially susceptible to bacterial growth in the summertime heat.

By following these easy tips for preparing food, you can reduce the risk of exposing yourself and your family to foodborne illnesses. However, if you or a family member experience the symptoms of food poisoning, nausea, vomiting, watery diarrhea, fever, fatigue, or abdominal or stomach pain/cramps, you should see your physician or go to the emergency room to be evaluated. If possible, save a sample of the food that you suspect may be the cause of your illness.  If you believe you have been sickened by food you have consumed at a restaurant, or at a public or private gathering , call your local health department to report your illness and check whether others who may have eaten at same restaurant have made reports. Although the majority of food poisoning cases cause mild symptoms, food poisoning can be life-threatening.

If you or a loved one have been the victim of a foodborne illness, have been hospitalized or have sustained a serious injury from tainted food, please call the attorneys at the Law Offices of Henry Hanflik. We can help you now!

In February 2011, Dave Duerson, a former NFL safety for the Chicago Bears and a two-time Super Bowl champion, ended his life because he feared that he had traumatic brain injury (TBI) stemming from the many concussions he suffered as a football player. Posthumous testing of Duerson’s brain, which he donated to research,  confirmed that he was suffering from life-altering injuries to his brain, injuries that were often invisible to others. But the effects of TBI can produce persistent behavioral challenges, including severe depression, lack of concentration, mood swings, and in Duerson’s case, suicide.

A brain injury may be sustained in a variety of situations. According to the Centers for Disease Control and Prevention (CDC),  over half of all brain injuries are caused by falls (35%)  and motor vehicle accidents (17.3%),  with over 1.7 million people sustaining TBIs every year. Fortunately, nearly 80% of patients seen in the ER are treated and released from the hospital. However, 52,000 people will die and 275,000 will be hospitalized as a result of a TBI.

Traumatic brain injury is caused by a bump, blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Most TBIs are concussions or other forms of mild TBI. Severe TBI may involve an extended period of unconsciousness or amnesia. A brain injury may affect the way the a person thinks, feels and acts and can change functions within the body, such as temperature, bladder and bowel control. For those with significant brain injury, special services may be required  including in-home care, neurological assessment and counseling, financial assitance as well as physical therapy.

What can you do to prevent concussions or other forms of TBI? There are a number of ways to reduce the risk of injury:

1. Wear a seat belt every time your drive/ride in a motor vehicle.

2. Use a child safety seat, booster seat or seat belt (according to your child’s weight, height and age) every time your child rides in a motor vehicle.

3. Wear a helmet, and make sure your children wear helmets when playing contact sports, skating, riding a bike, skateboarding or snowboarding.

4. Protect seniors from falls by removing trip hazards, installing grab bars in showers and bathrooms and improving lighting in the home.

5. To keep children from falling out of open windows, install window guards. Place safety gates at the tops and bottoms of staircases when youngsters are in the home.

6. Never operate a motor vehicle while you are under the influence of drugs or alcohol.

7. Use shock-absorbing materials, such as cedar mulch or sand, under and around your child’s play equipment.

In the event that you or a loved one suffers an injury to the head, look for the warning signs of TBI, and immediately seek medical attention  if any of the following symptoms are present: numbness, excessive drowsiness, severe headache, weakness in arm/leg, dizziness or loss of speech, slurred speech, loss of consciousness or confusion, vomiting or nausea or inability to find the right word. This is only a partial listing of symptoms listed on the CDC website, and is not meant to represent medical advice. Symptoms can appear days or months after an injury, and are often recognized when the victim begins to resume her/his daily schedule.

If you, a family member or friend has sustained traumatic brain injury, you may need an attorney to represent you. The experienced and compassionate attorneys at the Law Offices of Henry Hanflik can help you now! Call 810-720-4000 for a free consultation.

U. S. Coast Guard statistics show that July was the month of the year 2010 with the greatest number of personal watercraft incidents: 1140 accidents and 108 deaths.  The total number of personal watercraft-related accidents in 2010 was 4607, including 672 deaths. The year 2011 is shaping up to be a similar year as many seek  to escape the oppressive heat of the summer on personal watercraft.

The number of personal watercraft fatalities are second only to those involving open motorboats. At the top of the list of injuries occurring in 2010 and involving personal watercraft, are broken bones, lacerations, scrapes and bruises, concussions, and hypothermia. The least publicized injuries are those to the groin and abdominal area.  Victims are seriously and permanently injured when they fall off the backs of their personal watercraft and suffer severe damage from the jet nozzle. Because injuries to the vagina, anus and rectum have received little attention from the media, most operators and owners of personal watercraft are unaware of the dangers. Those who rent personal watercraft are often given little instruction on how to operate the vehicle and race away without the benefit of supervision or training.

While some safety experts are calling for manufacturers to redesign and improve personal watercraft by adding a reverse thruster, braking-type system to help slow the vehicle when approaching a hazard and install protective seatbacks that would prevent the driver or passenger from falling directly behind the craft into the jet nozzle, operators of personal watercraft can take some simple precautions to prevent accidents:

1. Pay attention at all times while operating the craft.

2. Seek knowledge and training on how to safely operate the vehicle prior to leaving the dock. Log on to PWCSafetySchool.com for information.

3. Do not use alcohol while operating the craft.

4. Use a proper lookout.

5. Avoid congested or hazardous waters.

6. Load the craft properly.

If you or a loved one are injured in a personal watercraft accident, you may need an attorney to represent you. The experienced and compassionate attorneys at the Law Offices of Henry Hanflik can help you now.

As a followup to our April 20, 2011 blog about the importance of lawnmower safety, we are again stressing the urgency of operating lawnmowers with the utmost of care, especially when young children  may be present. In a tragic accident, a 5-year-old West Michigan girl died May 17, 2011 when her father ran over her with his riding tractor.  The father of the girl said he did not see his daughter until his machine hit her and ran over her. The Kent County sheriff’s office investigated the accident and says that the child may have run out of the house to play during the evening hours, and then tripped in the grass, making it difficult for her father to see her. The sheriff’s office stated that the man may not have been paying attention as he was operating the tractor, was looking in another direction, and he”never noticed her until the tractor was on top of her.” Another report states that the tractor may have rolled sideways or backward over the child, which may indicate a failure of the lawn mower manufacturer to install adequate safety systems, such as rollover protection or a “no mow in reverse” system, that may have contributed to this accident.

The attorneys at the Law Offices of Henry Hanflik have extensive experience in handling lawn mower-related accidents and injuries. If you or a loved one have suffered a serious injury as a result of a defective lawn mower, contact us at 888-905-4632 for a free consultation.

The U. S. Consumer Product Safety Commission (CPSC) has issued a warning to consumers to stop participating in a new activity called water walking.  Water walking is the newest craze among children and teens, is popular at malls, carnivals, amusement parks, resorts and even at children’s birthday parties. Water walking involves a large, transparent plastic ball, sometimes called a hamster ball,  that is large enough to hold one person. An individual climbs into the ball as it is inflated with a blower through a zipper opening. Then the zipper is closed, making the ball essentially air-tight. The ball, with the individual locked inside, can then roll around on various surfaces, including grass, ice, water and pavement.

While water walking may sound like a fun-filled activity, several non-fatal, but serious injuries have been reported in the relatively short period of time this product has been available. In one instance,  a child was inside a ball for only a few minutes before becoming unresponsive, and emergency medical treatment was sought. Because the ball is airtight, the air supply inside the ball may be inadequate as the oxygen becomes depleted and carbon monoxide increases. In another case, a person fell from from an above-ground pool, while inside a ball, onto a hard surface and suffered a broken bone. The risks to water walking “riders” include suffocation, as there is no emergency exit available from inside the ball, and a potential for drowning if there is a leak or puncture when the ball is used in open water.  Brain injuries, skull fractures, spinal cord injuries and even death can occur if the head comes in contact with a hard surface. Individuals with pre-existing medical conditions, involving lung, heart or breathing issues may experience an exacerbation of their symptoms while locked inside a water walking ball.

The CPSC has informed state amusement ride officials about the potential dangers associated with this product. While some states have already banned water walking balls, others have allowed water walking balls to be marketed and sold to amusement parks and to private individuals as well.

If you or a loved one has suffered an injury water ball-related, contact the experienced injury attorneys at the Law Offices of Henry Hanflik. Call us at 888-905-4632. We can help you!

Warmer weather is just around the corner. Soon the buzzing sound of lawn mowers will be heard throughout cities, towns and the countryside, a sure sign that summer has arrived. Just as the power lawn mower provides a convenient and easy way for homeowners and lawn services to mow lawns, the power mower can also be one of the most dangerous tools around the home, especially for children and adolescents.

According to the U.S. Consumer Product Safety Commission, in 2007, nearly 210,000 people, including 16, 200 children under age 19, were treated for lawn mower-related injuries. Lawn mower-related injuries often require a team of doctors with various specialties to perform reconstructive surgeries on hands, feet and faces. Patients may experience long and painful recovery periods. The lawn mower operator or those nearby may be at risk for serious injuries; deep cuts, loss of fingers or toes, burns, injuries to the eyes and broken bones. These simple precautions must be observed to help prevent injuries from occurring:

- Children should be at least age 16 to use a ride-on mower. Children under 12 should never operate a push mower.

- Do not wear loose fitting clothing that can become entangled in mower parts. Do wear sturdy shoes-not sandals or gym shoes- when mowing.

- Before you begin mowing, pick up sticks, stones and other objects from the lawn to prevent injuries from flying debris. Use a collection bag for grass clippings or install a plate over the opening where grass clippings are released.

- Wear safety glasses and hearing protection.

- Shut off mower before refueling, making repairs or adjustments. Allow engine to cool before refueling. Refuel and start the engine outdoors-not inside a garage.

- Never carry passengers on a riding mover. A riding mower is designed to carry one person.

- Beware of slopes, holes and hidden hazards. Generally,  it is safer to mow slopes in a up and down pattern, but do not attempt to mow a steep slope where the mower loses traction.

- If you prefer a push mower, use a mower with a control handle, that when released, will prevent it from moving forward.

- Avoid pulling backward or mowing in reverse unless essential. Be extra careful to look for children behind you.

- Blade settings and adjustments to dislodge debris should be done by adults only. The mower should be off and the spark plug removed/disconnected to prevent injuries.

- Children should be away from the area you are mowing.

If you observe all of these precautions, chances are you will prevent a lawn mower-related injury from occurring. However, lawn mower manufacturers may fail to install adequate safety systems, such as rollover protection or “no mow in reverse” systems, that contribute to a wrongful death or serious injury. The attorneys at the Law Offices of Henry Hanflik have extensive experience in handling lawn mower-related accidents and injuries. If you or a loved one have suffered a serious injury as a result of a defective lawn mower, contact us at 888-905-4632 for a free consultation.

According to the Home Safety Council, a non-profit safety education and resource organization, accidents that occur in homes across the U.S.A.  result in over 20,000 deaths and 21 million injuries every year. Home owners and their families can avoid accidents by being proactive in identifying areas around their homes that pose safety risks and taking corrective measures to remove potential dangers. This process needs to be ongoing. A homeowner should inspect her/his property looking for safety hazards on a monthly basis. Using the whole-house safety approach, we recommend the following:

1. If children are in the home,  childproof furniture, cover hard corners, and install locks on cabinets containing poisons or prescription medicines. Be sure to inspect your garage for poisonous products, such as pesticides, paints and automotive fluids.

2.  Gate off stairs and other unsafe areas, cover electrical sockets if there are small children at home.

3.  Remove boxes, electrical cords or items that could be a tripping hazard.

4.  Make certain that heavy appliances or furniture cannot fall over by anchoring them to a wall with braces, brackets. Secure flat screen TVs to the wall. In your garage, make sure shelving is not overloaded and is anchored to the wall.

5.  Stairways should be well-lighted. Install handrails on both sides of the stairs to prevent falls.

6.  Clean up spills as quickly as possible to avoid slipping and falling. Make people in the house aware of a damp or wet floor, especially after cleaning.

7.  Regarding your fireplace, be certain that the flue is operating properly and the chimney is not clogged with chemicals or other material. Hire a professional chimney sweep.

8.  Never stand a chair to reach for high items. Use a ladder or step stool.

9.  Have a fire extinguisher available in your kitchen in case of cooking fires.

10. To prevent accidents involving hot pots and pots on the stove, use the back burners and turn pot handles toward the back of the stove. Never wear long, flowing sleeves while you cook!

11. Adjust the water temperature on your hot water heater to 120 degrees Fahrenheit or just below the medium setting. When running bath water for a child, start with cold water, and run your hand back and forth in the water to check temperature before placing a child in the tub.

12. Unplug all electrical appliances in the bathroom, i.e. hair dryers and shavers, when not in use.

13. Install smoke detectors in each bedroom and hallway. Check detectors twice a year and change batteries yearly.

14. Install carbon monoxide detectors on each level of your home.

15. Never leave a car running inside a garage, as carbon monoxide can seep into your home.

16. Test your garage door reversing sensor by placing a roll of paper towel in the door’s path. Have the door repaired if it does not immediately reverse.

17. If you have a pool or spa, install a fence at least five feet high with an automatic locking gate.

18. When using an outdoor grill, position it three feet or more away from your home, trees and shrubs or a wooden fence. Use long-handled cooking implements and gloves to prevent burns.

19. Areas under play equipment should be covered with 9 to 12 inches of soft material such as sand or mulch. The soft materials should extend 6 feet on all sides of the play area.

20. Don’t wear sandals or gym shoes to mow the lawn! Wear protective clothing, leather shoes and safety glasses to prevent accidents.

21. Outdoor lighting is important to safety and security. Make sure that walkways and stairs leading to your home are well-lighted to prevent injuries to  family members and visitors .

On November 30, 2010, a 41-year-old Lapeer, Michigan man broadsided a vehicle in Lapeer County, killing a 78-year-old woman. On March 9, 2011, the Lapeer man was charged with causing death while texting and driving, the first such case of its kind in Michigan. The state trouper who investigated the accident said that texting was a contributing factor to the accident because the offending driver failed to stop at the stop sign.

Texting while driving, as in the Lapeer accident, is only one form of distracted driving that can cause serious injury or death. Many sources of distracted driving tend to be located within a vehicle, including talking with passengers, phone use (including texting), and focusing on other technology, such as an ipod, cd changer or radio. Simply reaching down to pick up an item from the floor or observing the actions of passengers in the vehicle are distractions.

So what does distracted driving mean?

There are three principle types of distracted driving:

1. Visual – taking your eyes off the road

2. Manual – removing your hands from the steering wheel

3. Cognitive – loss of focus, attention to the task of driving

Distracted driving has become such a serious, life-threatening practice that the U.S. government has created a website, distraction.gov, to disseminate information and issue warnings about this dangerous practice. While many states (including Michigan) have adopted laws that ban the practice of texting while driving, cell phone use, with some restrictions for younger drivers, is still permitted.

When driving while using a cell phone, a driver is distracted by each of the types of distractions listed above. The driver is manually distracted when picking up the phone to operate it, leaving one hand on the wheel. The driver is visually distracted when looking away from the roadway to dial a number or accept a call. Lastly, the driver is cognitively distracted because he/she is thinking about something other than driving and may miss audible or visual cues to avoid a crash. Even hand-free devices are cognitively distracting and will degrade a driver’s performance.

The reasons for distracted driving are numerous. Many people rely on cell phones or Blackberrys as a primary source of communication and feel the need to be in contact at all times, even when driving. Distracted driving can involve children or pets that can visually, manually and cognitively distract a driver. Stressful jobs and busy lifestyles are contributing factors to distracted driving.

The key to safe driving is to be vigilant when behind the wheel and avoid, unless it’s a true emergency, using a cell phone. For your own safety and the safety of others, pull off the road if you need to talk, take care of children or pets or rearrange items in your vehicle.

The United States Justice System is among the best in the world. If you, a friend or your loved one has been seriously injured by a corporation or person, and you are unable to reach a settlement, generally you or your loved one will receive a just result in our court system.

A key component to receiving fair compensation is choosing an experienced personal injury lawyer who has the resources and commitment to represent you. Personal injury refers to both psychological and physical injuries that a person suffers as a result of someone’s negligence, their intentional actions, or strict liability. Negligence simply means failing to act as a reasonable or careful person or business would act under the same or similar circumstances. For example, if you are injured in an auto accident, caused by a driver who was on the phone or texting while driving, then you would suffer personal injury as a result of that driver’s negligence. Intentional actions refer to a person who purposefully and deliberately sets out to harm another individual, such as in an assault. Strict liability means that an individual or corporation may be held financially responsible if they produce, sell or distribute a defective or unsafe product that kills or injures someone.

While these scenarios may or may not also result in criminal charges brought against the offending party, generally they result in civil penalties. Civil penalties may include compensation for lost wages and medical bills as well as money damages for pain and suffering.

Types of Personal Injury Cases:

Car, Truck and Motorcycle Accidents

Construction, Industrial and Work Place Accidents

Hospital and Medical Error

Nursing Home Negligence

Defective/Unsafe Products

Airplane & Cruise Ship Accidents

Not All Attorneys are Equally Qualified to Handle Personal Injury Cases

In order to prove your case in a court of law, you must be able to show that your injury was caused by the negligence of another party. The personal injury lawyers at the Law Offices of Henry Hanflik will help you to determine if you have a valid claim. After your case is carefully analyzed and evaluated, our attorneys will discuss with you the best course of action to follow. Filing a law suit may not always be in the best interest of the client. Virtually every case handled by the Law Offices of Henry Hanflik is on a contingency basis; that means our office advances the costs necessary to handle your claim.  A fee is charged only when we make a recovery on your behalf.

Call us now for a free case evaluation at 810-720-4000 or toll-free at 888-905-4632.