+ Auto Accidents

Auto accidents are the most common type of personal injury cases filed with our courts. According to the National Transportation Safety Board, an auto accident occurs every ten seconds in the United States. Statistics show that in 2005 there were six million auto accidents in the United States, resulting in 43,443 deaths and 2,699,000 injuries. Motor vehicle accidents are the leading cause of death for Americans between the ages of 3 and 33.

Frequently cited causes for auto accidents and car crashes include: inattentive or distracted drivers; drunk driving or drug or alcohol-related crashes; and speeding or reckless driving. Other causes of auto accidents include defective products, such as defective tires or brakes, malfunctioning traffic signals, and improper design or maintenance of the roadway. If you have been in a car crash and have sustained injuries, contact our auto accident lawyers today.

Most Accidents Are Caused by Negligence

Automobile accidents cases are generally decided using the law of negligence. Negligence is generally defined as the failure to use reasonable due care to avoid a foreseeable harm to a person, place or thing. A person who negligently operates a vehicle may be required to pay any damages caused by his or her negligence, either to person or property. Generally, people who operate automobiles must exercise “reasonable care under the circumstances.” Failure to use reasonable care is the basis in most lawsuits for an award of damages caused by an auto accident.

Courts consider a number of factors in determining whether or not a driver was negligent. Examples of these factors include, but are not limited to, the following:

• Inattention to the actions of other drivers
• Driving too fast or too slow
• Disregarding weather, road conditions or traffic conditions
• Failure to observe traffic signs or signals

Car Accidents Caused by Intentional or Reckless Conduct

Accidents may also be caused by intentional or reckless conduct by a driver. An example of an accident caused by intentional conduct of the driver would be a road-rage accident. An example of reckless conduct by a driver would be when a person drives unsafely, with willful and wanton disregard for the probability that their driving may cause an accident.

Auto Crashes Caused by Product Defects or Other Factors

Accidents may also be caused by factors that are completely unrelated to the conduct of a driver. For example, under the laws of product liability, an automobile manufacturer or parts supplier may be responsible for a defect in a vehicle, or a component of the vehicle. A products liability suit is a lawsuit brought against the seller of a product for selling a defective product that caused physical injury to a consumer or user.

Accidents may also be caused by other factors beyond the driver’s control. Some examples of these factors include:

• Improper design or maintenance of the roadway
• Malfunctioning traffic signals
• Poor lighting
• Failure to provide proper warning of construction or other road hazards
• Trees, utility poles or other hazards that obscure a driver’s field of vision

Auto Accidents Caused by Drunk Drivers

According to a 2005 National Highway Traffic Safety Administration (NHTSA) report, alcohol-related motor vehicle crashes kill someone every 31 minutes and nonfatally injure someone every two minutes. Unfortunately, drunk drivers can be uninsured or underinsured, and have few assets to pursue a lawsuit. Under limited circumstances, it may be possible to seek recovery from the person who provided the alcohol to the driver. Under California law, a bar, liquor store or restaurant may be responsible for damages caused by a person’s drinking if it sold alcohol to an obviously intoxicated minor. Cal Bus & Prof Code § 25602.1

California law does not impose liability on social hosts who serve alcohol in a social setting, such as at a party or at their home. California also does not have a “dram shop act” (“dram” was once a common term for “liquor”); California law does not impose liability on those who sell alcohol to people of legal drinking age. Cal Bus & Prof Code § 25602

Seatbelt Issues in Automobile Accidents

California law requires drivers and passengers to wear a seatbelt. Cal Veh Code § 27315

If you are injured in an auto accident but were not wearing your seatbelt at the time of the collision, insurance companies, and their defense attorneys will argue that you would not have been injured, or would have incurred a less serious injury, had you been wearing your seatbelt. In making this argument, the defense is asserting “comparative negligence”; that your own negligence in failing to wear a seatbelt contributed to, or caused your own injuries.

Since the most severe injuries in auto accidents often occur when the injured party was not wearing a seat belt or was ejected from the vehicle following a collision, it is important for the plaintiff to show that the injuries were caused by the negligent driver, not by the injured person’s failure to wear a seatbelt. Accident reconstructionists and biomechanical engineers are often used as expert witnesses to demonstrate that serious injuries would still have occurred even if the injured party was wearing a seatbelt at the time of the auto collision.

Seek the Advice of an Auto Accident Lawyer

Personal injury matters are extremely time-sensitive. It is important to act promptly to preserve evidence, investigate the cause of the accident, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one have been involved in an auto collision, contact The Bains Firm at 510-474-0028 or by email at info@thebainsfirm.com for a no cost, no obligation consultation.

+ Motorcycle Accidents

Riders should be aware of several different types of motorcycle crashes:

• Crashes involving cars and trucks: about 75% of all motorcycle accidents involve other vehicles. Most of the time the other vehicle does not see the motorcycle and will change lanes or turn into the path of the motorcycle.
• Single-bike accidents: many times the police report will indicate the motorcycle operator to be at fault for single-bike accidents. However, much of the time road debris (see below) can be the real cause. Different types of single-bike accidents include the high-slide, the low-slide and the “endo” (flipping the bike by hard breaking of the front brake).
• Chains and ropes across trails: motorcyclist who ride off-road should be aware of property owners who install chains and ropes across trails to keep bikers away. Property owners are not allowed to install traps such as these and can be held liable for any accident cause by a chain or rope placed across a trail.
• Rear-end collisions: other vehicles are heavier than motorcycles and cannot stop as fast.
• U-turns: when making u-turns, both legal and illegal, some car drivers do not look for oncoming traffic, and, if they do, they may not see a motorcycle.
• Road debris: sometimes a motorcycle operator cannot avoid the grease, motor oil, loose pavement, uneven concrete or blacktop surfaces, tire treads or potholes in his path.
• Car doors opening unexpectedly: many people exiting their cars do not look for oncoming traffic—especially the smaller motorcycle.

California Motorcycle Laws

Motorcyclists in California should be aware of the various statutes concerning motorcycles and their operation.

• Helmet law: Helmets are mandatory in California. Motorcyclists must wear a DOT approved helmet when riding in California.
• Lane splitting: Lane splitting is legal in California. If a lane-splitting motorcycle is involved in a collision, the police will generally blame the biker for the crash and indicate that on the traffic collision report.
• Statutes of limitations: you only have a certain amount of time to file a lawsuit, depending on the type of case. It is, therefore, important to consult with an attorney soon if you are involved in a motorcycle accident.
• License and permit requirements: to ride a motorcycle in California, you must have an M-Class license. The Department of Motor Vehicles will issue an M endorsement after passing both a written test and a road test.

Seek the Advice of an Motorcycle Accident Lawyer

Personal injury matters, such as motorcycle accidents are extremely time-sensitive. It is important to act promptly to preserve evidence, investigate the cause of the accident, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one have been involved in a motorcycle accident, contact The Bains Firm at 510-474-0028 or by email at info@thebainsfirm.com for a no cost, no obligation consultation.

+ Truck Accidents

Accidents involving large trucks and commercial vehicles are among the most serious and deadly in the United States. With big rigs and 18-wheelers weighing in at up to 80,000 pounds (as opposed to the 5,000 pounds most passenger vehicles weigh), it is a matter of simple physics; a larger vehicle impacting a smaller vehicle is likely to result in catastrophic damages. The risk of being in an accident involving a large truck or big rig is particularly acute here in California; we have the highest volume of truck traffic of any state in the United States.

It is a common misconception that accidents involving large trucks are simply personal injury cases involving a larger vehicle; there are specific laws and regulations governing the safety of commercial motor vehicles and issues which are unique to cases involving commercial vehicles. These cases require a thorough understanding of commercial vehicle regulations on both the federal and state level.

Accidents involving tractor-trailers, 18-wheelers, or other large trucks require specialized knowledge of the issues unique to such cases. The success of your case depends not only on the merits of the case but on your attorney’s understanding of both federal and California law applicable to trucking accidents. You need an attorney who understands the complexities and nuances of the law and has experience in dealing with these types of cases.

Seek Legal Help From a Truck Accident Attorney

It is important to act promptly to preserve evidence, investigate the cause of the accident, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one have been involved in an accident with a large truck or commercial vehicle contact The Bains Firm at 510-474-0028 or by email at info@thebainsfirm.com for a no cost, no obligation consultation.

+ Traumatic Brain Injury

Traumatic Brain Injury (TBI) is defined by medical professionals as brain damage suffered as a result of a sudden physical force or impact. TBI may result from an accident, such as when the head hits an object such as a dashboard or windshield, or from severe whiplash caused by the body being thrown in a back and forth motion in an accident. Injuries caused by a direct blow or severe shaking of the head are called hyperflexion-hyperextension injuries. These injuries occur when the brain impacts the bony ridged surfaces of the skull, tearing the axons (wire-like structures) and neurons connected by the axons and causing bruising and bleeding in the brain. TBI may also result from child abuse or a violent assault, such as in infants who are shaken or when an object pierces the skull and damages brain tissue.

It is a common misconception that brain injury occurs only at the time of the accident. Brain injuries often result in gross or microscopic bleeding in the brain. As with other parts of the body, when the brain is injured this triggers a chemical response within the body. This release of chemicals, enzymes, immunoregulatory proteins and amino acids causes changes within the brain, and can result in enhanced damages to the brain over time.

Symptoms of TBI

Symptoms of TBI may be mild, moderate or severe depending on the extent of the injury to the brain.

Symptoms of a traumatic brain injury include can include, but are not limited to:

• Loss of consciousness; however, loss of consciousness may not occur in some concussion cases
• Dizziness, balance problems
• Headache
• Confusion
• Slow pulse
• Vision changes (blurred vision or seeing double, not able to tolerate bright light, loss of eye movement, blindness)
• Dilated (the black center of the eye is large and does not get smaller in light) or unequal size of pupils
• Spinal fluid (thin, water-looking liquid) coming out of the ears or nose
• Respiratory failure (not breathing)
• Coma (not alert and unable to respond to others) or semi-comatose state
• Paralysis, difficulty moving body parts, weakness, poor coordination
• Slow breathing rate, with an increase in blood pressure
• Vomiting
• Lethargy (sluggish, sleepy, gets tired easily)
• Ringing in the ears, or changes in ability to hear
• Difficulty with thinking skills (difficulty “thinking straight”, memory problems, poor judgment, poor attention span, a slowed thought processing speed)
• Inappropriate emotional responses (irritability, easily frustrated, inappropriate crying or laughing)
• Difficulty speaking, slurred speech, difficulty swallowing
• Body numbness or tingling
• Loss of bowel control or bladder control

Once brain damage has occurred, it generally cannot be reversed. A person with a suspected TBI should go to the emergency room immediately, or call 911 for medical assistance in the case of an emergency.

Medical personnel will attempt to stabilize an individual with TBI and will focus on preventing further injury. Primary concerns include insuring proper oxygen supply to the brain and the rest of the body, maintaining adequate blood flow, and controlling blood pressure.

Imaging tests help in determining the diagnosis and prognosis of a TBI patient. Patients with mild to moderate injuries may receive skull and neck X-rays to check for bone fractures or spinal instability. For moderate to severe cases, the imaging test is a computed tomography (CT) scan. Moderately to severely injured patients receive rehabilitation that involves individually tailored treatment programs in the areas of physical therapy, occupational therapy, speech/language therapy, physiatry (physical medicine), psychology/psychiatry, and social support.

Concussions are Brain Injuries

Health care professionals have been at odds for years regarding the classification of concussions. Oftentimes an accident victim who has sustained a blow to the head or severe whiplash will be given a CT scan, and if no damage is apparent, the patient is discharged from the emergency room with a diagnosis of a simple concussion. However, a CT scan or MRI may not detect brain injury.

You should not have a false sense of security if you are discharged with a diagnosis of a concussion. If you experience any of the symptoms of TBI listed above, or feel that things are not returning to normal from a cognitive standpoint, you should speak to an attorney with experience in brain injury cases to determine your legal rights and treatment options.

Prognosis for TBI Patients

According to the National Institute of Neurological Disorders and Stroke, approximately fifty percent of severely head-injured patients will need surgery to remove or repair hematomas (ruptured blood vessels) or contusions (bruised brain tissue). Disabilities resulting from a TBI depend upon the severity of the injury, the location of the injury, and the age and general health of the individual. Some common disabilities resulting from TBI include:

• Problems with cognition (thinking, memory, and reasoning)
• Difficulty with sensory processing (impaired sight, hearing, touch, taste, and smell)
• Impaired communication (expression and understanding)
• Behavior or mental health issues, such as depression, anxiety, personality changes, aggression, acting out, and social inappropriateness

A serious head injury is often a life-altering event. More serious head injuries may result in stupor, an unresponsive state, but one in which an individual can be aroused briefly by a strong stimulus, such as sharp pain; coma, a state in which an individual is totally unconscious, unresponsive, unaware, and unarousable; vegetative state, in which an individual is unconscious and unaware of his or her surroundings, but continues to have a sleep-wake cycle and periods of alertness; and a persistent vegetative state (PVS), in which an individual stays in a vegetative state for more than a month. According to the National Center for Injury Prevention and Control, 5.3 million Americans are currently living with some form of TBI and require some form of assistance or long-term care.

TBI Cases Require Experienced Legal Counsel

If you or a loved one have suffered a traumatic brain injury, contact The Bains Firm at 510-474-0028 or by email at info@thebainsfirm.com for a no cost, no obligation consultation.

+ Burn Injuries

Burn injuries are considered to be one of the most painful and traumatic personal injuries a person can suffer. According to the American Burn Association, each year in the United States, 1.1 million people sustain burn injuries requiring medical attention. Approximately 45,000 of these injuries are so severe as to require hospitalization. Every year, approximately 4,500 people die as a result of a burn injury and as many as 10,000 people die each year of infection while hospitalized for a burn-related injury.

Skin is the largest organ in the body, and it serves as a protective barrier against bacteria and evaporative water loss from the underlying tissues. Dehydration, infection, hypothermia and damage to internal organs are frequent short-term complications resulting from a burn injury. Long-term complications include severe emotional and physical scarring. The financial, physical and emotional toll of recovery from a burn injury is staggering

Definition of Burn Injuries

A burn is defined as tissue damage caused by a variety of agents, such as heat, chemicals, electricity, sunlight, or nuclear radiation. Burns caused by scalds, building fires, and flammable liquids and gases are the most common. Several factors are used to determine the severity of a burn, including the patient’s age, location of the burn, and depth and size of the burn.

Classification of Burn Injuries

Burn injuries are classified into the following categories:

• First-degree burns affect only the outer layer (the epidermis) of the skin. A common example of a first degree burn is a sunburn.
• Second-degree burns damage the epidermis and the layer of skin beneath it (the dermis). Scalding commonly results in second-degree burns.
• Third-degree burns involve damage or complete destruction of the skin to its full depth and damage to underlying tissues. People who experience such burns often require skin grafting. This type of burn frequently results from flame or contact injuries.
• Fourth-degree burns destroy both the epidermis and dermis, damaging underlying tendons, bone, fat tissue and muscle. High-voltage electrical injuries may result in a fourth-degree burn.

Inhalation Injuries

Burn victims who also suffer inhalation injuries are more likely to die as a result of their injuries. According to the United States Fire Association, 75% of all burn deaths are attributable to smoke inhalation of toxic gases produced by a fire, with actual flames and burns accounting for only 25% of all fire-related deaths.

Fire is associated with three types of inhalation injuries:

• Damage from toxins. Over one hundred known toxic substances are present in burn smoke. Toxins prevent the body from properly absorbing oxygen and may cause permanent organ damage.
• Damage from smoke inhalation. It is estimated that 75% of fatalities resulting from burn injuries are attributable to smoke inhalation.
• Damage from heat inhalation. Heat inhalation occurs when one directly breathes in a heat or flame source, or when high pressure forces heat into the victim.

Legal Issues Related to Burn Injuries

Burn injuries are often caused by someone’s carelessness or failure to act (negligence), or by a defective product.

Negligence

Negligence is the failure to use reasonable due care to avoid a foreseeable injury to a person, place or thing. If you are negligent and your negligence results in injury to another person to whom you owe a “duty of care”, you may be liable for payment of damages for any injuries caused by your negligence.

A person may be considered “careless” or negligent if he or she fails to meet the standard of due care that is called for in a particular situation. The law generally requires that an individual exercise the same level of “due care” that a reasonable person would exercise under similar circumstances. This is referred to as the “reasonable person” or “reasonable man” standard.

Defective Products/Product Liability

Product liability refers to responsibility for harm caused by a defective product. A product liability claim may be brought against any member of the distribution chain of a dangerous or defective product, including the designer, manufacturer, supplier of component parts, the wholesaler, and the retail store that sold the product.

Product liability claims may arise out of negligence, breach of warranty or strict liability.

Statute of Limitations

With any lawsuit, the statute of limitations restricts the amount of time you have to file a lawsuit. In California, the statute of limitations for negligence is two years. Cal Code Civ Proc § 340 However, it should be noted that the statute of limitations is much shorter if a lawsuit is filed against a public entity, municipality or public employee; such claims must be filed within six months from the date of the accident. Cal. Code Gov. § 911.2

The statute of limitations for product liability cases in California is one year. Cal Code Civ Proc § 340 The statute of limitations begins to run when the plaintiff has knowledge of the injury and suspects wrongdoing. The existence of such knowledge is a factual determination for a jury to decide. A jury will consider the following factors in making this determination: 1) knowledge of the injury; and (2) knowledge of facts creating, or which in a reasonable person would create, a suspicion of negligence on the part of someone.

Under California’s statute of limitations, a plaintiff must bring a cause of action for wrongful death within two years of the date of death. Cal. Code Civ. Proc. § 377.60 However, if the plaintiff is a minor under the age of eighteen, the statute of limitations is tolled (suspended) until the plaintiff attains the age of eighteen. If an heir or beneficiary is comparatively negligent for the decedent’s death, negligence of an heir will merely be a ground for reduction of his damages.

There is no legal recourse for failing to file a lawsuit within the statute of limitations. Therefore, it is essential to contact an attorney as soon as possible to preserve your legal rights before they are barred by law. It is important that an investigation of the facts of an accident or injury be undertaken as quickly as possible in order to secure evidence which otherwise could be destroyed or lost and to take statements from witnesses who could disappear or whose memories could fade.

Workers Compensation and Industrial Accidents

Many burn injuries are the result of industrial accidents at the workplace. California’s Workers’ Compensation Act provides the following benefits to workers who have been injured on the job:

• Payment of medical expenses
• Disability payments
• Vocational rehabilitation payments
• If the employee’s injuries are fatal, payment of death benefits and reasonable burial expenses

Seek Qualified Counsel to Advise You Regarding Your Burn Injury

Cases involving burn injuries are complex and require an attorney who has a thorough understanding of the symptoms, prognosis and treatment of burn injuries and is experienced in successfully handling cases involving burn injuries. You need a burn injury lawyer with the right combination of legal experience and medical knowledge to advise you about your legal rights and treatment alternatives to ensure that your rights are properly protected.

Burn injury cases are extremely time sensitive; it is imperative that measures be taken to ensure your proper diagnosis and treatment, preserve evidence, prove the nature and extent of your injuries, and enable experts to establish the cause of your injuries.

If you or a loved one has suffered a burn injury, contact The Bains Firm at 510-474-0028 or by email at info@thebainsfirm.com.

Don’t delay-you may have a valid claim and may be entitled to compensation for injuries, but a lawsuit must be filed before the applicable statute of limitations expires.

+ Bicycle Accidents

There are four major causes of bike accidents: 1) Rider Error; 2) Fault of a Motorist; 3) Product Defects; and 4) Roadway Defects. This article will discuss the causes of most bicycle accidents, common defenses and legal issues involved in cases involving bike accidents.

Rider Error

Rider Error is a common defense to any bicycle accident; the defendant will simply claim that the bike rider caused the accident and therefore should be responsible for any damages or injuries arising out of the accident. Bike riders are held to the same degree of care as motorists and must comply with California Motor Vehicle Code regulations related to bicyclists. Careless conduct on the part of the cyclist is frequently cited as a contributing factor in an accident. Excessive speed, unsafe lane changes, cutting in front of cars and other reckless maneuvers are all examples of careless conduct.

Failure to wear a helmet may be used as an affirmative defense in a bicycling accident involving a head injury. California law requires all bicyclists under the age of 18 to wear a helmet. Head injuries account for 75% of all serious injuries and fatalities from bicycle accidents.

Improper assembly or failure to maintain a bike can also be attributable to the rider, since many cyclists prefer to perform their own assembly or maintenance. Factors leading to a bike accident include improper tube or tire installation or pressure, loose parts, or component fatigue. Riders should examine their bike before every ride to ensure that the bike is in good condition, with all components properly installed and maintained according to the manufacturer’s specifications.

Fault of a Motorist

Collisions with cars account for only one-third of all bicycle accidents, however, they account for the majority of serious injuries and deaths. Common causes of accidents involving motor vehicles include:

• Drunk driving
• Inattentiveness
• Failure to safely pass a cyclist
• Unsafe turns
• Failure to yield the right of way

When a cyclist is involved in an accident with a car, it is important to have a police report. The cyclist may be unable to give a statement due to injuries; therefore the investigating officer may only be able to obtain a statement from the driver of the vehicle, which is likely to be biased in the driver’s favor. The opinions of the investigating officer are inadmissible in court to prove fault, but the facts included in the report, including any statements, are admissible. It is therefore important to obtain the police report as soon as it is prepared and correct any errors or misstatements before they can be used against you.

Product Failure

Like any other type of product, bikes may have defects attributable to poor design, faulty components or assembly, improper manufacturing techniques, or failure to properly instruct or warn. If product failure is suspected as a cause of an accident, it is critical to keep the bicycle and all component parts for examination by an expert. The bike and its parts must be kept in substantially the same condition as they existed at the time of the accident; do not send your bike in for repairs or to the manufacturer for inspection until your bike accident lawyer and experts perform their own examination and inspection. If the bike or its components are repaired or lost, it may be difficult or even impossible to prove a case of product defect.

Common examples of product defects involving bicycles include:

• Defective tires and/or tube failure
• Faulty brakes
• Faulty welding on aluminum frames
• Bolt failures due to fatigue or improper manufacturing
• Defective design causing the chain to fall off

Roadway Defects

Claims against governmental entities are governed by statute, and require special expertise. Cities, counties and states have many defenses available to them under the law, including the defect being “open and obvious”, or a “trivial defect” that is considered too insignificant to hold a government entity responsible. If you are filing a lawsuit against a public entity or municipality, you must file a claim within six months of the date of the accident. Cal. Code Gov. § 911.2. With every bicycle accident, it is important to analyze the accident scene carefully to determine whether a roadway defect caused or contributed to the accident.

Bicycle Accident Cases Require Experienced Legal Counsel

Bicycle accident cases pose unique issues and often involve a combination of negligence, defective products and roadway defects. Cases involving bicycle accidents require legal counsel with specialized knowledge of the issues unique to bicycle accident cases.

Personal injury matters are extremely time-sensitive. It is important to act promptly to preserve evidence, investigate the cause of the accident, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one have been involved in a bike accident, contact The Bains Firm at 510-474-0028 or by email at info@thebainsfirm.com for a no cost, no obligation consultation.

+ Fracture/Joint Injury

A fracture, simply put, is a broken bone. However, a bone can be fractured in many different ways. There are three main causes of fractures: trauma, osteoporosis, and overuse. A fracture caused by overuse is sometimes called a stress fracture or hairline fracture. Osteoporosis is a disease that causes the bone to “thin.” This thinning makes the bone weak and more susceptible to fractures. Finally, a fracture can be caused by a severe trauma such as a fall, an automobile accident or a gunshot wound. Even though bones are hard, they do have the ability to bend and “absorb” an impact. However, if the trauma exceeds the bones ability to bend, the bone will break.

Common causes of fractures include:

• Automobile accidents
• Skiing accidents
• Bicycle accidents
• Slip and fall accidents
• Motorcycle accidents
• Sports accidents
• Gunshot wounds

Types of Fractures

A fracture may be classified in many different ways depending on how the bone was broken. The four main classifications are:

• Incomplete fracture: a cracked bone that does not break all the way through
• Complete fracture: a bone that is broken all the way through
• Simple fracture (closed fracture): a broken bone that does not pierce the skin
• Compound fracture (open fracture): a broken bone that pierces the skin

Doctors also use the geometry of the break to describe the fracture. Different geometries lead to different levels of stability, resulting in different healing times. The less stable the geometry, the harder it is to fix. Some of the more common forms of geometry include:

• Greenstick fracture: an incomplete fracture on one side of the bone that is common in children. This fracture resembles green tree branch that is bent too far, causing one side to break and the branch to bend.
• Transverse fracture: a complete or incomplete fracture that is perpendicular to the bone—most common trauma fracture.
• Impacted fracture: a complete fracture where the bones are jammed together—this form is sometimes difficult to diagnose.
• Spiral fracture (torsion fracture): a complete or incomplete fracture caused by traumatic twisting such as in a ski accident.
• Comminuted fracture: a complete fracture where the bone breaks into more than two pieces.
• Displaced fracture: a complete fracture where the bones remain parallel but are misaligned.
• Avulsion fracture: a fracture where the tendon or ligament is separated from the bone due to some trauma.

Diagnosing Fractures

If you have any of the following symptoms, you may have a fracture injury and should seek medical attention:

• Movement or touch causes extreme pain
• The skin near the break is bruised
• The limb seems shorter than normal
• You cannot support your weight
• You have a bump or swelling
• In extreme cases, the bone may be seen protruding through the skin

A doctor will x-ray the area of the suspected fracture to diagnose the fracture and to help formulate a treatment plan. Occult fractures, impacted fractures and hairline fractures are difficult and sometimes impossible to spot with an x-ray. In these cases, the doctor will have to rely on a physical examination.

Joint Injuries

A joint is the place where two bones meet. Besides bone, joints are made up of ligaments, tendons, and cartilage. Ligaments are the thick tissue that holds bones together whereas tendons are the thick tissue that attaches muscles to bones. Cartilage is the tissue that coats the ends of the bones to help the joint move freely.

Ligaments and Tendons

A sprain is an injury to a ligament whereas a “strain” is an injury to a muscle or tendon. The different levels of severity for tendon and ligament damage follow:

• Grade 1: stretching of the ligament or tendon with minimal disruption of fibers
• Grade 2: tearing of up to 50% of the ligament tendon
• Grade 3: a complete rupture of the ligament or tendon

Signs of injury of both ligaments and tendons include swelling, pain, limitation of movement, and instability. Recovery time can range from days to years depending on the severity of the injury. The National Institute of Arthritis and Musculoskeletal and Skin Diseases suggests you see a doctor under the following circumstances:

• You have severe pain and cannot put any weight on the injured joint.
• The injured area looks crooked or has lumps and bumps (other than swelling) that you do not see on the uninjured joint.
• You cannot move the injured joint.
• You cannot walk more than four steps without significant pain.
• Your limb buckles or gives way when you try to use the joint.
• You have numbness in any part of the injured area.
• You see redness or red streaks spreading out from the injury.
• You injure an area that has been injured several times before.
• You have pain, swelling, or redness over a bony part of your foot.
• You are in doubt about the seriousness of the injury or how to care for it.

Cartilage

The human body incorporates three types of cartilage—fibrocartilage, elastic cartilage, and hyaline cartilage. The surfaces where bones meet (the joint surface) are coated with hyaline cartilage. The purpose of this type of cartilage is to provide shock absorption and a frictionless surface that allows the joint to move freely.

Most cartilage injuries are caused by direct trauma. Although cartilage damage can be seen on an x-ray if there is accompanying bone damage, an MRI is usually needed for a proper diagnosis. Arthroscopy can be used by a surgeon to diagnose the extent of the injury, to clean out any floating pieces, and repair damaged cartilage.

When do I need a bone fracture lawyer?

If a fracture or joint injury is caused by a third party either intentionally or indirectly through their negligence, you should consult with an attorney to determine your rights of recovery. In our legal system, the victim of negligence or an intentional act is entitled to be “made whole” by the person responsible.

If you or a loved one have suffered a fracture or joint injury, contact The Bains Firm at 510-474-0028 or by e-mail at info@thebainsfirm.com for an immediate assessment of your case. Personal injury matters are extremely time sensitive – act now to protect your right to recovery.

+ Boat Accidents

Boating Under the Influence (BUI)

Boating Under the Influence (BUI) can be just as deadly as drinking and driving. Alcohol consumption on the water is considered by the Coast Guard to be even more deadly than alcohol consumption on land. The rationale is that the marine environment (the motion of the water, wind, vibration, sun and spray) accelerates a drinker’s impairment. These stressors cause fatigue which leads to lapses in judgment, impaired coordination, and delays in reaction time. Alcohol impairs your vision, balance and coordination. Statistics show that in boating accidents involving alcohol, over half capsized their boats or fell overboard.

Alcohol is also considered more dangerous for boaters than drivers because boat operators are generally less experienced and less confident on the water than on the highway. Most boaters average about 110 hours a year on the water, whereas most operate a motor vehicle on a roadway on a daily basis. In California, you do not need a license to operate a boat; anyone over the age of 16 may operate a boat, even if they have never taken a boating safety course.

The Coast Guard and the State of California have stringent laws governing Boating Under the Influence. The legal limit for boating is the same as for driving a car-a blood alcohol level greater than .08. A conviction for BUI may result in suspension or revocation of your driver’s license for up to five years and a fine of up to $1,000. If the Coast Guard determines that a boat operator is intoxicated, they will operate or have a competent, unintoxicated person aboard the boat operate the boat back to the dock. The intoxicated boat operator may be arrested by the Coast Guard, detained until sober, or turned over to local authorities.

Product Defects and Boating Accidents

The Recreational Boating Product Assurance Division of the U.S. Coast Guard is responsible for developing and enforcing federal safety standards, interpreting federal standards, and investigating consumer complaints. In addition, this division also does the following:

• Inspects and tests boats for compliance with safety standards
• Investigates consumer complaints about alleged safety defects and non-compliance with safety standards
• Interprets federal safety standards
• Handles requests for exemptions from federal standards
• Encourages the development of voluntary safety standards by national and international boating organizations
• Assigns Manufacturers Identification Codes (MIC) to boat manufacturers
• Publishes the Boating Safety Circular newsletters
• Issues recalls of recreational boats and related equipment

The Coast Guard maintains a Recall Database where consumers can search for safety alerts and recalls on recreational boats by hull number, manufacturer, model number or by description of the problem. To access the database, visit www.uscgboating.org.

Carbon Monoxide Poisoning on Boats

Defective boating equipment may result in carbon monoxide poisoning onboard. Carbon monoxide is an odorless, tasteless, colorless gas that is produced by the burning of carbon-based fuel, such as gasoline, propane, charcoal or oil. Sources of carbon monoxide leaks on recreational boats include engines, gas generators, cooking ranges, and space and water heaters.

Early symptoms of carbon monoxide poisoning include dizziness, nausea, headache, irritated eyes and weakness. Since these symptoms often accompany seasickness or intoxication, it is often difficult to detect carbon monoxide poisoning. Prolonged exposure to carbon monoxide leads to death.

A common recreational activity known as “teak surfing” has resulted in numerous cases of carbon monoxide poisoning. Teak surfing involves holding on to the swim platform or transom of a boat to bodysurf behind the vessel. Effective January 1, 2005, teak surfing is against the law in California.

The Coast Guard has checklists of maintenance suggestions that boaters should follow. Some of the items should be checked before every voyage, others require inspection by a qualified marine technician at least once a year.

California requires that beginning May 1, 2005, all motorized boats, whether new or used, sold in the State of California must bear carbon monoxide warning stickers on the transom and helm. For more information on carbon monoxide poisoning, or to place an order for stickers, visit the California Department of Boating and Waterways website.

Personal Floatation Devices-Life Jackets

A Personal Floatation Device (PFD) is a life jacket approved by the U.S. Coast Guard. Statistics show that two-thirds of all boating accident victims drowned. Of those who drowned, 90 percent were not wearing a PFD.

California law requires all children under the age of 12 to wear a PFD while on a waterway in any boat less than 26 feet. People who are towed behind a vessel (such as waterskiing) or riding a personal watercraft such as a jet ski must also wear a PFD. However, it is advisable for all passengers and boat operators to wear a PFD.

Reporting a Boating Accident

California law requires you to file a written report of a boating accident with the California Department of Boating and Waterways if the accident involves:

• A death
• A disappearance
• An injury requiring medical attention beyond first aid
• Damage to a vessel or other property exceeding $500, or complete loss of a vessel

Boating Accident Cases Require Experienced Legal Counsel

Boating accidents often involve a complex mix of product liability, negligence, and insurance issues. If you or a loved one have been injured in a boating accident, you need a personal injury attorney with experience in handling boat accident cases. Contact The Bains Firm at 510-474-0028 or by e-mail at info@thebainsfirm.com for a free consultation today.