Most people know, and if they don’t they should, that texting while driving is dangerous. Really dangerous. And so it makes sense that if you’re texting and you cause an accident that you’re responsible.

But what if you’re the one sending the text messages to the driver: should that person be held responsible if the receiver of the text message causes an accident due to his texting?

Well that is exactly what two plaintiffs in personal injury lawsuit in New Jersey have alleged.

The plaintiffs, David and Linda Kubert were riding their motorcycles when a young man texting while driving ran into them head on. Each of the plaintiffs lost a leg in the accident. The negligent party, the driver who was texting, pleaded guilty in municipal court to using a hand-held cell phone while driving as well as careless driving and failure to maintain his lane.

The Kuberts filed a lawsuit against not only the driver but his girlfriend who he was texting with when the accident happened.

According to media reports, the driver’s girlfriend stated in deposition that she didn’t know whether he was driving or not, but also stated that she might have known. If the judge allows the suit to go forward against the girlfriend, it will be the first time that a person sending a text has been put before a jury on the theory that she was responsible for the accident in the same way the driver was responsible.

If the plaintiffs go forward on this theory and are successful, an entire new theory of responsibility in car accident cases may be created. Personal injury attorneys are watching this case closely for its precedent setting nature.

As reported by the San Francisco Chronicle, there are a multitude of events taking place across the Bay Area for Memorial Day weekend – Golden Gate Bridge Anniversary, festivals, and fireworks on Sunday.

Unfortunately, according to the National Highway Traffic Safety Administration (NHTSA), more accidents will also take place over this weekend than nearly any other time of the year. And many of these accidents are preventable.

For instance, in 2010, 397 individuals were killed in automobile accidents and collisions during the 3-day period of Memorial Day. And approximately 40% of those deaths were alcohol related.

The leading cause of accident deaths and accidents during Memorial Day, as well as most other times of the year, is driver distraction.

So, this Memorial Day weekend take a few steps to insure that you and your family are accident free.

First, have a designated driver for any activities that involve alcohol. In other words, simply do not drink a drive, even if you do not believe that you are intoxicated. And do not drive if you have taken any drugs that may impact your reaction time, make you drowsy, or effect your judgment.

And second, if you are driving, put your cell phone away, don’t text and don’t eat or drink until you arrive at your destination.

And finally, wear a seat belt and make sure your passengers all wear their seat belts.

And that’s it. Don’t be distracted and don’t drive if you have had anything to drink or used any drugs. And enjoy the Memorial Day weekend.

As reported by the San Francisco Chronicle, a jury in San Francisco federal court has awarded an injured truck driver $11.4 million in a personal injury and product liability lawsuit brought against the manufactures of the truck and equipment he was operating.

The plaintiff was a Waste Management employee and driver for over 20 years when the front wheel of the truck he was operating collapsed causing him spinal compression injuries.

The driver went through three different spinal surgeries but was left with severe back pain. And though the plaintiff returned to work and attempted to continue with non-driving duties, the pain was simply too much and he is now unable to work at all.

He sued Consolidated Metco, the manufacturer of the front wheel hub that collapsed, as well as the maker of the truck, Volvo, and Wittke Manufacturing, who designed the truck. His lawsuit alleged that each of the defendants knew that the hub was defective and failed to warn drivers or the public.

He was awarded damages for his lost wages, medical costs, and pain and suffering. His wife was also awarded damages for the loss of marital and family relations.

The case took three weeks and was tried in federal court in San Francisco.

The US Consumer Product Safety Commission has announced a product recall of Ridley bicycle stems due to product defects that could lead to falls and accidents.

The stems support the handlebars and because of a defect can crack or break, creating a risk of a fall or accident and possible injury to the rider.

One injury due to a handlebar stem breaking has been reported so far.

The stems are manufactured in Taiwan and distributed by Sinclair Imports of Reno, Nevada and Quality Bicycle Products of Bloomington, Minnisota.

The stems were sold at various bike shops from January 2005 to April 2010. They are made of a light weight carbon and are threadless.

Some of the stems were sold as after market components and the recall includes all 4ZA 31.8 bicycle handlebars. The stems range from 90mm to 130mm in length.

For more information you can contact Quality Bicycle Products, Inc. at (877) 745-7703 vist the Ridley Bikes website.

According to the San Francisco Chronicle, a group of plaintiffs recently filed a lawsuit against Facebook Inc. seeking $15 billion in damages for what the suit claims is a violation or the plaintiffs’ privacy rights.

The lawsuit was filed on May 17 and in federal court in San Jose. The plaintiffs’ allegations are, in essence, that Facebook improperly tracked users even after they were logged out.

The allegation is that this is done to gather information about users activities across the Internet so it may be utilized by advertisers for a price.

Numerous actions similar to the ones filed by these plaintiffs have been consolidated with the federal court in San Jose. The company has stated that these claims are meritless and that Facebook intends to defend against them strenuously.

The idea of tracking users is not new. Many companies are suspected of it and have been accused of it. But if the plaintiffs in these cases are successful against Facebook, who just when public, the tide could turn in consumers’ favor regarding privacy rights on the Internet.

Recently an article in Science Translation Medicine took a close look at factors both environmental and genetic that contribute to degenerative brain disease.

And what researchers have found is that there is a genetic varient that when combined with traumatic brain injury increases the risk of long-term degenerative brain disease.

The genetic varient is APOE-4 status and it is associated with higher risks for Alzheimer’s disease. When exposure to traumatic brain injury is added it is also associated with a higher risks for long-term degenerative brain disease.

Both traumatic brain injury and mild traumatic brain injury are devastating disease brought on by trauma or sudden acceleration or deceleration of the brain.

Over 1.5 million individuals are effected by these diseases or injuries every year. But what this new research regarding APOE-4 may shed light on is why some individuals recover with no long-term problems and others simply do not.

For instance, in the area of MTBI or mild traumatic brain injuries, everyone working in the field knows that about 85% of those patients will recover from a MTBI with little to know long-term consequences. But the other 15% will not. And many of those individuals will suffer debilitating and disabling symptoms.

So, in the near future genetic testing may be able to determine a persons risk regarding the development of long-term degenerative brain disease due to exposure to traumatic brain injury. And this, in turn, could allow individuals – like athletes or potential soldiers – to make informed decisions about activities and careers.

As reported by the San Francisco Chronicle, the driver of a Prius was physically beaten after an accident in which he collided with two motorcyclists Sunday morning around 8am.

According to San Francisco Police, the Prius driver was filming a group of motorcycle riders when he veered into them, apparently distracted by his filming and driving at the same time. He then bounced off a protective wall and collided with a second motorcycle.

After the accident the Prius driver was reportedly attacked and beaten by several other motorcyclists and threatened with a knife.

According to the Chronicle, San Francisco Police cited the driver of the Prius and are conducting an investigation regarding the alleged assault.

Both the driver of the Prius and the motorcycles were taken to San Francisco area hospitals where they were treated for minor injuries.

A recall of cookware manufactured by Meyer Corporation has been announced by the Consumer Product Safety Commission.

The cookware sets contain 5-quart sauté pans with glass lids. These lids may shatter or break during normal use. There have been numerous reports of product malfunctions and lids shattering but no injuries have been reported.

The saute pans and accompanying glass lid are part of 13-piece sets. Meyer Corporation manufacturers these products in China and Thailand.

The sets are sold Costco retail stores under the brand Circulon Cookware.

If you have been harmed by this product or any other defective product please seek medical care immediately and contact the CPSC at (800) 638-2772.

A mild traumatic brain injury (MTBI), also known as a concussion or head injury, is a very common neurological disorder and impacts over 1.5 million Americans every year.

This post summarizes helpful information regarding traumatic and mild traumatic brain injury presented by the Centers for Disease Control and Prevention (CDC). If you or a loved one has suffered an head injury, concussion, MTBI, or brain injury of any sort, pleas seek medical attention immediately.

And if you would like more information on this subject, or would like to read the CDC’s Heads UP: Facts for Physicians About Mild Traumatic Brain Injury (MTBI) report, please visit the CDC’s website.

First, according to the CDC, it is important to remember that while MTBI symptoms may appear mild at first, they can lead to serious impairment and impact an individual’s physical, cognitive, and psychological functioning.

So, what exactly is an MTBI or mild traumatic brain injury? In other words, what is the conceptual definition of MTBI?

The CDC defines MTBI as “the occurrence of injury to the head arising from blunt trauma or acceleration or deceleration forces with one or more of the following . . . ”

The following can be observed or self-reported:

• A loss of consciousness lasting less than 30 minutes; or
• Memory dysfunction at or around the time of the injury; or
• Confusion, impaired consciousness, or disorientation.

Additional neurological or neuropsychological dysfunction that may be observed:

• Fatigue, dizziness, irritability, headache, or poor concentration; or
• Seizures immediately following the injury to the head; or
• Vomiting following a head injury, lethargy, or irritability.

As a personal injury attorney who deals with traumatic brain injury victims (both TBI and MTBI), it is important to note that many injury victims simply don’t recall what they do not remember.

They don’t know if they experienced retrograde amnesia or any memory dysfunction at all. Often, this information can only be obtained by careful questioning by a health care professional who is trained in treating brain injuries.

What are the signs and symptoms of a MTBI?

The signs and symptoms of MBTI may include cognitive, physical, and behavioral issues or problems, according to the CDC, including the following:

Cognitive issues: orientation problems, problems concentrating or focussing, and attention difficulties.

Physical issues: seizures, headaches, fatigue, dizziness, insomnia, uneven gait, nausea, and/or blurred vision.

Behavioral issues: loss of initiative, anxiety, depression, irritability, sleep disturbances, and/or problems regarding employment, marriage, relationships, home life or school life.

What are the long-term consequences that can result form suffering a mild traumatic brain injury or MTBI?

• Sensory problems – changes in vision – post-concussion syndrome.
• Pain,
• Confusion,
• Fatigue,
• Mood changes,
• Changes in sleep patterns,
• And of course, cognitive and/or memory issues and problems.

How many patients or injury victims will experience long-term problems?

• According to the CDC this number is not fully known because we are uncertain how many individuals suffer MTBI but do not receive treatment. Based on best estimates, however, approximately 15% or all mild traumatic brain injury patients will sustain persistent disabling problems.
• And as a direct result of all traumatic brain injuries or TBIs treated in the United States an estimated $56 billion is spent annually.

What are the leading causes of traumatic brain injury including MTBI?

• Falls,
• Motor vehicle crashes,
• Firearm use, and
• Sports and recreational activities.

What groups are most at risk for traumatic brain injury including MTBI?

• There are primarily two groups who are most at risk: older adults (ages 65 and up) and adolescents and young adults (ages 15 to 24).

What steps can someone take to avoid and prevent TBIs of all types?

• Never drive under the influence of alcohol or drugs and never ride in or on any vehicle where someone is driving under the influence of alcohol or drugs.
• Wear a seatbelt; in a car, a bus, a truck, a van etc. if a seatbelt is available use it. And make sure any child with you is using an age and weight appropriate seatbelt or child seat.
• Wear a helmet if you are: skiing, snowboarding, biking, motorcycling, riding a horse, skateboarding, playing a contact sport or baseball, softball, skating, or operating heavy machinery or working on a construction site.
• Avoid falls by making sure that you have your vision tested regularly, remove tripping hazards from your home, and if you must reach for items on high shelves use a step stool with a grab bar, make sure that there are handrails installed in your stairway, put non-slip mats in the bathtub and shower floors, and exercise regularly focussing on strength, balance, and coordination.
• If you have a firearm, make sure that it is stored in a locked place and unloaded.
  
• Look for shock -absorbing surfaces where your children play.

It is also important to avoid and prevent secondary injury resulting from a head injury. MTBI is associated with a greater risk of secondary injury because it impacts reaction time and even judgment.

Therefore, it is vital for individuals who have suffered a traumatic brain injury of any type to obtain and follow their doctors instructions regarding return to regular physical activities.

As reported by the San Francisco Chronicle, San Francisco’s Superior Court is facing the same budgetary issues that the entire judiciary is facing in California and it’s impacting access to justice.

Since 2008, San Francisco courts have cut staff by 31% and closed eleven civil courts. And all of those cuts took place prior to the budgetary shortfall that is now facing state legislatures. The state is now considering an additional $544 million additional cuts to state courts, which will only aggravate the problems brought on by the lack of courts and court staff.

What this will mean for individuals, and as the San Francisco paper points out, it is creating a two-tier justice system – one full of lengthy delays, a lack of resources, and postponed trial dates. And another system where arbitration is utilized far more extensively, which tends to favor corporate defendants and repeat players.

And as more and more courts close and budgets are cut, parties in personal injury actions or any type of litigation will find it harder and harder to have their day in court, so to speak.

The specific fear among San Francisco injury attorneys, and personal injury attorneys throughout the state, is that trials may be pushed out far in excess of our current fast-track deadlines.

And this will in turn cause settlement to become more and more difficult. In other words, if a case is set for trial three years from a given date, what incentive does the defense have in settling the claim in a reasonable time and manner?