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Schenectady Personal Injury Law Blog

Is it serious? Minor health conditions of truckers and crash risk

In New York, you might encounter quite a few commercial vehicles on your commute every day, thanks to consumer demand for goods bolstering the trucking industry. While the growing need for increased shipping across the nation’s highways indicates a healthy economy, the physical strain from long hours on the road may be detrimental to the individual health of truckers. According to Science Daily, the lifestyle that comes from long days on the road and difficult shifts is linked to health conditions that compromise commercial vehicle operators’ ability to drive, as well as your safety on the roads around them.

Many truckers receive treatment for common health problems that arise from the nature of the job, such as sleep apnea, diabetes and high blood pressure. While issues from a serious condition may keep a trucker off the road, new research indicates that three relatively minor concerns could just as easily lead to a crash. In fact, you are much more likely to be in a truck accident with a driver who has diabetes in conjunction with high blood pressure and sleep apnea, even though no single one of these would prevent him or her from passing the required physical examination.

Ways you can help a family member suffering from a TBI

A traumatic brain injury may cause any number of changes for your loved one that do not disappear after he or she leaves the hospital. Most people in this condition require care and support, and if you plan to provide these at any level, there are things you can do that may make a significant improvement in quality of life, or at least minimize some of the emotional and mental effects of the brain damage. We at the law office of Bendall & Mednick have provided advice to many families dealing with TBIs after an accident.

The Brain Injury Association of America warns that loss of memory and the ability to remember new things can cause anxiety and depression. They can also make it difficult or impossible to function normally because of an inability to make plans and carry them out. You may be able to ease these impacts by making life predictable and obvious. A schedule with activities that are within your loved one’s capabilities and organization of the home with easy-to-understand labels may help in these situations. Also, integrating structure into the injured person’s life may boost self-confidence and independence.

Broken bones can lead to lifelong pain issues and nerve damage

If you were recently injured in a car accident or workplace accident, you may be grateful that the only injury you sustained was a broken bone. For many people, a broken bone can be set and allowed to heal, resulting in a full or nearly full recovery of function. In some cases, however, broken bones can cause secondary issues, such as nerve damage and chronic, long-term pain. Complex Regional Pain Syndrome (CRPS), which can have lifelong impacts on a person, can develop after a broken bone due to trauma. Just when you think you're done healing, you start experiencing even worse pain.

If you believe you are experiencing a serious medical condition like CRPS as the result of an accident, you need to speak with an experienced personal injury attorney. Much like brain injuries, which can take weeks or months for symptoms to develop, CRPS may not be evident immediately after an accident. Also like brain injuries, CRPS can impact a person's ability to work and quality of life forever. An attorney can help document your injuries and seek out appropriate compensation to offset the expenses and pain you experience as the result of a broken bone.

Is the hospital’s emergency department safe?

During a serious health event, you should not hesitate to seek medical attention, and you want to be able to trust the doctor who treats you. According to the Emergency Medicine Residents’ Association, although emergency department staff and health care providers have specific training for the hectic conditions that are often present, there are distinct risk factors to seeking care at the ER. In some cases, a physician who drops the ball may be guilty of negligence, but you may be able to mitigate the potential for a mistake.

Every doctor who examines you has a duty to provide the best level of care possible. If you are harmed because you did not receive the attention or treatment that any physician would have reasonably given, it may be a breach of duty. In that type of situation, the person responsible for your harm may be at fault.

Hitting the New York highways with your dog

Seat belt laws have been around in New York so long, you and your passengers probably buckle up without even thinking about it. Since your dog lacks opposable thumbs, it relies on you to provide this protection. Our team at Bendall & Mednick have represented many clients who were injured in motor vehicle accidents that occurred because an animal was roaming free in a vehicle.

Forbes points out that there are many options designed to keep your dog safe in your vehicle. Of course, you want your pet to be comfortable and enjoy the ride. You also want to examine the ratings of your choices, to see how well they have performed in crashes. Not only that, it is important to make the choice that is designed specifically for your dog’s body type, weight and size.

Drunk driving penalties for CMV drivers

Whenever alcohol enters the system, alteration of focus, concentration and mental clarity begin to occur. The New York Department of Motor Vehicles claims that alcohol can cause jerky starts and improper passing as well as preventing drivers from staying in their lanes. Drunk drivers also commonly run red lights and fail to use signals. Even at low blood alcohol concentration levels, drivers may be less alert and find that their vehicle operation skills are impaired.

 

Premises liability for business owners

As a New York business owner, you have to keep your eyes open for possible liability issues. Keeping your business safe for employees and customers is important to avoid legal issues. At Bendall & Mednick, we see many cases where an oversight by a business owner has led to customer injuries. In order to avoid such situations, you need to be aware of the aspects of premises liability.

Forbes explains that it does not matter who gets injured. Someone who is not authorized to be on your property may even have some protection under the law for any injuries sustained while on your property. Even if you rent your establishment, you are still going to be held liable for almost any injury that occurs on your property. It is your duty to make sure that you keep your property in good condition and provide safe areas for employees, customers and anyone else.

Smartphone recall illustrates consequences of a product defect

With the prevalence of cellphones, tablets and other electronic devices in nearly every American household, many people may assume these products are safe and harmless, including for children. For the most part, electronic devices are safe when used appropriately. However, a serious design or manufacturing defect may be devastating for consumers in Schenectady and elsewhere, especially if the affected product uses electricity or contains hazardous chemicals.

Both of these factors were applicable with the recent design defect in the Samsung Galaxy Note 7. Reportedly, a large number of these smartphones were catching fire when faulty or substandard batteries ruptured, leaked or overheated. Officials from the Samsung company issued a recall on the entire line of phones. The company went on to take more aggressive actions to protect consumers when it became evident that not all of the phones had been returned or exchanged. Some of these measures included sending an automatic update that would disable the phones, to charging consumers the retail price of the phone if they had received a refund but had not returned their device. Company executives also assured consumers that future devices would contain superior batteries that posed little risk to the public.

NFL news conference reaffirms serious injury fears

A previous blog post discussed the risk of degenerative brain disease resulting from football injuries. In this post, it was pointed out how concussions and even repeated minor hits to the head could spell out future health problems related to head trauma for those who played football. These complications may include memory problems, depression, aggressive behavior, early-onset dementia and death. Perhaps most frighteningly, it is not just professional NFL players who face the disturbingly common risk of degenerative brain disease. Those who played high school and college football in New York and elsewhere may receive enough injuries to result in long-term complications.

Recently, a news conference was held by National Football League officials to address this growing concern. The NFL asserts that all possible measures are being taken to ensure the safety of its players, including developing better helmets and safety equipment. However, helmets are not a guarantee that players will avoid head injuries. Football players often clash with each other or are thrown to the ground, resulting in repeated bumps to the head and minor concussions, regardless of helmet use.

Even a mild traumatic brain injury can derail a life

Brain injuries are some of the least understood ailments, when it comes to the general public. Even though we all understand that brain injuries are a serious and real injury, there is often something about them that is taboo and "other."

Perhaps it is something off-putting about the relationship between our brains and our personhood, the idea that an injury to the brain might make a person not quite themselves. For whatever reason, many people simply choose to not carefully and prudently consider the consequences of a brain injury.

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