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.

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.

Winter driving poses higher risks for crashes and injuries to the traveling public as the number of crashes typically rises on snowy days. Some  factors that contribute to the rise in the number of crashes is that many drivers fail to adjust to hazardous driving conditions. Snowy, overcast skies can reduce the contrast you can see between your car, the vehicles around you and the passing landscape, so that you feel that you are going slower than your actual speed. Consequently, you may unwisely increase your speed to compensate. One illustration of this phenomenon is provided by a researcher at the University of Minnesota who found that snowplows are more frequently struck from the rear in snowy conditions despite their bright orange color, reflectors and flashing lights. To help avoid accidents and injuries, follow these simple tips:

CLEAR SNOW AWAY FROM YOUR TAILPIPE IF YOU ARE STUCK IN A SNOWBANK. Be sure that exhaust from your tailpipe is not blocked by snow, as fumes may enter your car and cause carbon monoxide poisoning.

IF YOUR VEHICLE BEGINS TO SKID ON ICE OR SNOW, ALWAYS STEER IN THE DIRECTION OF WHERE YOU WOULD LIKE THE FRONT OF YOUR VEHICLE TO GO. Using cruise control can be dangerous when driving in wintery conditions since your wheels will continue to spin when your tires lose traction.

WET SURFACES CAN DOUBLE YOUR STOPPING DISTANCE, WHILE ICE AND SNOW CAN INCREASE STOPPING DISTANCES UP TO TEN TIMES OVER DRY CONDITIONS. To compensate for these hazardous driving conditions, keep an eye on the speedometer and focus on traffic and conditions as far ahead as possible.

WINTERIZE YOUR VEHICLE. Check the tread on your tires by placing a quarter into the tread. If you can see George Washington’s head, then you need to replace your tires as the tread has worn below the recommended 4/32 of an inch limit. Keep your tires properly inflated as tires lose about one pound of pressure for every 10 degree drop in temperature. An underinflated tire leaves less rubber in contact with the roadway surface. Cold weather is tough on batteries.  Have your battery, starter and alternator checked to be sure that they are in good working condition. Replace worn windshield wipers, and use a  scraper to remove ice and snow instead of clearing your windows with your wipers.

BE PREPARED IF YOU GET STUCK IN THE SNOW. Carry kitty litter to help you get out of snowbanks. Pack boots, gloves, a snow scraper, a collapsible shovel, a blanket and a flashlight with fresh batteries.

FIND THE BEST “PERSON-TO-VEHICLE” FIT. Check your line of sight to be certain that you can see at least three inches over the top of the steering wheel. Adjust your seated position upward if you are lower. Be sure you are at least 10 inches away from your steering wheel to insure proper deployment of the airbag in the event of a collision. To efficiently operate the brake and gas pedals, you should be able to operate them with the ball of your foot, without excessively stretching of your leg or foot.

Have a Safe and Enjoyable Winter Driving Season!

According to a recent report from the U.S. Surgeon General, there is no safe level of exposure to tobacco smoke. Even an occasional cigarette or breathing second-hand smoke can cause serious and immediate damage to your body, altering your DNA and increasing the risk of developing cancer. In fact, nearly one-third of all cancer deaths involve cigarette smoking. Exposure to cigarette smoke may cause cardiovascular disease and trigger a heart attack or stroke, because the smoke rapidly damages blood vessels throughout the body, making blood more likely to clot. Cigarette smoke contains over 7,000 different chemicals and compounds, hundreds of which are toxic: seventy are known to cause cancer. These chemicals found in tobacco smoke inflame the delicate lining of the lungs, reducing the ability of the lungs to efficiently exchange air, leading to chronic pulmonary lung disease, emphysema and chronic bronchitis.

Of course the longer a person smokes, the more damage is created by the toxic chemicals that can weaken the immune system and reduce your body’s ability to fight off cancers, including those  cancers that are not associated with smoking. If you are trying to become pregnant, women should avoid all exposure to tobacco smoke, as chemicals in the smoke interfere with how your fallopian tubes function, and increase the risk for miscarriage or low birth weight. Men should be aware that chemicals in tobacco smoke can damage the DNA in sperm and may reduce fertility or adversely affect fetal development. Diabetics should understand that tobacco smoke interferes with the regulation of blood sugar levels, putting them at higher risk for heart, lung, kidney and eye diseases and increased problems with circulation and nerve damage.

The report explores why cigarettes are addicting, and concludes that cigarettes are designed to addict. Cigarettes produced today deliver nicotine more rapidly to the heart, lungs and brain, making them more addictive than ever before. Nicotine is the leading ingredient that causes addition, but certainly not the only ingredient that promotes dependency and addiction. Cigarette manufacturers seek to “improve”  the design of their products by adding more powerful compounds to affect the nicotine receptors in the brain and thus sustain the additive effects of cigarettes. Adolescents are at greater risk for addiction to cigarettes as their bodies are more sensitive to nicotine. Smoking “light” or low-tar cigarettes did not significantly reduce the risk of smoker-related diseases. Rather, these versions of cigarettes may have interfered with campaigns that encourage people to stop smoking.

“It is never too late to quit” smoking tobacco products. The report states that the risk of developing smoker-related diseases begins to drop as soon as an individual quits. Fortunately, there are medications available, both over the counter and by prescription, to help a smoker to “kick the habit”. To learn more,copy and paste this link into your browser: http://www.cdc.gov/tobacco.

Halloween is a favorite time of the year for children. As you assist your children in picking out a costume for an evening of trick or treating, keep these safety tips in mind:

1. Look for the words “Flame Resistant” on costumes, masks, beards and wigs. While flame resistant clothing can catch fire, it will be easier to extinguish should the object catch fire.

2. Make certain that your child can be seen in the dark. Use reflective trim on costumes that will glow in the headlights of a vehicle or dress your child in bright, visible colors. Children should carry glow sticks or flashlights, if possible.

3. Costumes should help  children to be more safe, not put them at risk for falling. Clothing should be short enough to prevent tripping and shoes should be sturdy. Tie hats and scarfs securely to prevent them from covering up eyes. Accessories, such as knives and swords, should be made of soft, flexible materials.

4. Use makeup  to apply masks rather than purchase an ill-fitting mask that can make it difficult for a child to see and breath.

5. When trick or treating, advise your child to walk, not run,using side walks, not lawns or streets to move from house to house.

Although the American Academy of Pediatrics says that children are more likely to get hurt from falling,  from problems with their costumes or hurt by a vehicle on Halloween rather than from tainted Halloween candy, it is always a good idea to check your kid’s candy for tampering before they eat it.

Have a Safe and Happy Halloween!

According to new research unveiled by the National Highway Transportation Safety Association, fewer children died as a result of roadway crashes in 2009 than in previous years. Officials credit the decrease in deaths to increased and more appropriate use of child safety seats. However, motor vehicle crashes remain the primary cause of fatalities in children between the ages of 3 and 14. On average, four children, under age 14,  were killed and nearly 500 were injured every day in 2009. Parents and caregivers are encouraged to have their children’s safety seats inspected at one of the thousands of free safety inspection centers located throughout the country. Click here to find a center near you. NHSTA

In late 2009, Toyota’s sudden acceleration problems became international headline news. But Toyota’s unintended acceleration problems have persisted for more than a decade. In fact, the National Highway Traffic Safety Administration (NHTSA) ordered Toyota to recall vehicles as early as 1986 because of speed control issues. Toyota’s current generation of problems began in 2002 when Toyota notified its dealers that some Camry models could experience engine surging, which required electronic calibration to repair the problem. In 2003, the Toyota Sienna was the subject of internal communications that dealt with an “unwanted acceleration” incident that occurred during testing. Toyota reported the incident to NHTSA five years later, thus establishing a pattern of deception that has continued to the present. The current cover-up at Toyota has caused the deaths of at least 56 people and hundreds more have been injured, as consumers were uninformed about the safety issues that have plagued Toyota.

Some safety experts claim that Toyota does not know how to fix the current sudden acceleration problem. Instead, the company has blamed drivers for pressing the accelerator instead of the brake. They also blamed floor mats for entrapping gas pedals, and then later claimed that gas pedals were sticking, not returning to idle position. Data shows that Toyota’s unwanted acceleration problems began in 2002 with the introduction of electronic throttle controls. Complaints of sudden acceleration rose by 500% after Toyota incorporated these systems into their vehicles.

Although the cause(s) of Toyota’s acceleration problems may never be fully disclosed, the solution is easy and inexpensive: install the “smart pedal.” The “smart pedal” has been used for over ten years by Chrysler, Nissan, BMW, Audi and Mercedes Benz and costs as little as $1.00 per vehicle. This technology works simply: if a driver inadvertently applies both the accelerator and brake simultaneously or if an electronic malfunction occurs which mimics this situation, the engine automatically shifts into idle, permitting the driver to slow and come to a stop. Toyota says it will begin using this technology in its 2011 models.

Unfortunately, Toyota has gone great lengths to avoid taking responsibility for its mistakes by attacking the research and tests of David Gilbert, an Automotive Technology Professor at Southern Illinois University. While Toyota claimed that their systems could not cause sudden acceleration, Gilbert’s tests showed the opposite: Toyota’s electronic systems could fail to prevent sudden acceleration in certain instances. Toyota told the United States Congress that they would work with Dr. Gilbert, but instead hired Exponent, a research firm, to refute the professor’s findings.

Toyota has refused to accept responsibility for its acceleration problems for years. Rather than addressing this significant safety issue by finding solutions, the company has focused on avoiding safety recalls. Toyota hired investigators away from NHSTA in an effort to stall or shut down NHTSA investigations. Internal documents at Toyota show that the company saved more than $100 million by avoiding a recall because of the sudden acceleration problem. Just one month after Toyota bragged about their cost savings “win”, a family was four of killed in their Lexus after it accelerated out of control.

While Toyota is working on a solution to its sudden acceleration problems, drivers of Toyota and Lexus vehicles should know what to do if they experience sudden acceleration.

Consumer Reports magazine reports that test drivers found the most effective strategy was to hit the brake pedal hard and hold it.

“Don’t start pumping or pounding on the brakes. That negates the vacuum assist and makes the brakes less effective. Toyota goes a step further. It advises stepping on the brake pedal with both feet, using firm and steady pressure.

After hitting the brakes, shift the transmission into neutral.

After disengaging the engine, pull safely off the road, turn off the car and park it.”

How can you be prepared?

Be sure you know how to get your car into neutral. This varies greatly by make and model and is not always intuitive. You want to know how to do this before you find yourself in an emergency situation.

People may be tempted to turn off the engine, but shifting into neutral is a better option. That’s because turning the engine off stops the power steering system and will make it harder to control the vehicle.

Still, if you can’t get it into neutral, don’t fool around. Shut the engine off.

But even this can be tricky if you are not prepared.

Toyota said if its vehicle is equipped with an “engine start/stop” button, you need to push the button firmly and steadily for at least three seconds to turn off the engine. Do not tap the start/stop button.

Other car makers, however, use different on-and-off systems, so be sure you know how your vehicle works.

Sources: The Safety Report, Consumer Reports

With the increase of the number of motorcyclists and bicyclists enjoying bike routes and trails throughout the State of Michigan this summer, there is a corresponding increase in the number of  accidents. It is estimated that nationally, a bicyclist is fatally injured every six hours, every day of the week. Deaths from motorcycle accidents are on the increase. Most catastrophic injuries, primarily head injuries, sustained in biking accidents are a result of a collision with a motor vehicle. Wearing the proper fitting helmet will help to prevent head injuries leading to death or serious disability. Helmets act like brakes or shock absorbers, as they have rigid outer shells, liners, padding and chin straps. Some experts believe that helmets should be replaced every five years because the resins and other materials in helmets can degrade over time. Read more about helmets and helmet safety: Snell Foundation FAQ