Friday, 21 May 2010 22:07

Railroad Crossing Litigation

Written by Law Offices Of Gary Green

A train kills someone every one hundred minutes in America. There are more than 300,000 public rail grade crossings in the United States:

  • More than 80% do not have lights and gates
  • One third have no active warning device of any kind
  • For many of these crossings, warning time is often minimal to nonexistent and pedestrians and motorists are made unknowingly susceptible to the liability of an approaching train
  • Occupants of a motor vehicle that collides with a train are 40 times more likely to die, than if they had collided with another motor vehicle
  • More than half of all railroad mishaps occur at these unprotected crossings

With all this information it is hard to consider any damage sustained by unsafe railroad crossings as simple accidents. For those lucky enough to survive, the injuries sustained are typically life threatening, requiring extensive surgical intervention, many necessitating amputation. The injuries resulting from a child playing on or around railroad tracks or a motor vehicle’s collision with a train only emphasizes the need for limited access to railway areas and increased warning devices.

Trains cannot stop in time to prevent a collision from occurring. While an automobile traveling 50 miles per hour requires approximately 50 feet to come to a stop, it takes a train over a mile and a half, more than 150 times longer, to stop traveling from the same rate of speed. While grade crossing warning signals have become more high tech and rail traffic has steadily increased, the railroads responsible for maintenance have continuously reduced their workforce, leaving the public at increased risk.

At Law Offices of Gary Green, we have experience and familiarity with railroad crossing litigation. Liability can be established against the railroad by proving vegetation was allowed to grow too high in the right of way, blocking the view of both the engineer and the driver of the vehicle. Often, engineers do not blow the required whistle sequence because the whistle is so deafeningly loud in the cab of the train. However, the train’s black box can be retrieved which will show use of the whistle and speed of the train prior to impact. Communications between the train crew and dispatchers are recorded. These recordings, through contentious discovery, can be key in establishing liability against the railroad.

If you or a loved one has had an injury involving railroad crossings or a train collision, or if you have questions or need additional information, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:06

Traumatic Brain Injury

Written by Law Offices Of Gary Green

Traumatic brain injury (TBI), often referred to as a “closed head injury,” is typically, but not always, preceded by an external blow to the head. Injury to the brain caused by lack of oxygen or blood supply to the brain is called an “anoxic injury.” While the injury may not have seemed detrimental and no loss of consciousness occurred, any type of trauma to the brain can lead to impairment in brain functions with permanent damage.

You may have suffered a traumatic brain injury if any of the following conditions resulted from trauma to the head:

  • Loss of consciousness for any period of time
  • Loss of memory either before or after the incident
  • Any modification in one’s state of mind at the time of the incident e.g. feeling confused, disoriented or dazed
  • Any sort of neurological deficit e.g. numbness or tingling sensations, loss of balance, dizziness, paralysis or loss of muscle control of any type, inability to speak
  • Any sensory loss such as hearing, vision, sense of smell, or taste.

While not all of these symptoms may occur immediately following the incident, it may precipitate a series of events that can be adverse. The possibility of significant damage should be a concern if any of these symptoms follow a head injury. While the listed symptoms may be evident, other inconspicuous symptoms such as irritability, inability to concentrate, and fatigue may signify that trauma has indeed occurred.

A traumatic brain injury will not always show up on an MRI or CAT scan. Dangerous or severe brain injuries can exist while imaging studies appear negative or normal. For example, shear injuries occur at the cellular level where the damage is microscopic in nature, which would not be revealed in conventional imaging techniques. Although it may not be obvious at the time, if you have suffered another serious injury as the result of a specific event, the probability of a brain injury greatly increases. If you suspect that you have been the victim of a traumatic brain injury, yet conventional testing reveals no damage, you should seek a reputable neuro-psychologist who can test your brain function capacity.

The role of an attorney representing an individual who has suffered a traumatic brain injury is vital. Often it will be your lawyer who makes the referral to a neuro-psychologist and Life Care Planner. Our attorneys become your advocate in the medical and insurance community. They help ensure that you get the necessary specialized treatment–especially in cases where misdiagnosis or mistreatment is suspected. We have the experience and compassion necessary to act successfully on your behalf in your best interests.

Law Offices of Gary Green is a corporate sponsor of the Brain Injury Association (BIA) to whom a donation is given for every victim we represent. If you suspect you have suffered a traumatic brain injury call us toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com if you have questions or need additional information.

Friday, 21 May 2010 22:04

Wrongful Death

Written by Law Offices Of Gary Green

It is nothing short of a tragedy when a loved one’s death could have been avoided. In terms of the law, a wrongful death claim is when a person dies due to the negligence or misconduct of another individual, company, or entity. Immediate family members of the deceased can file a wrongful death claim to recover damages from pain and suffering, lost wages, mental anguish, loss of companionship, medical costs, and other expenses.

These situations are not accidents when there is someone at fault. Most of our practice is devoted to wrongful death and personal injury claims. We know what to expect in your attempt to be compensated for a loss. We have the experience and the acumen to help you find justice and peace during your time of duress.

We accept wrongful death claims on a contingent basis. All cases are unique, so call us toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com if you have questions or need additional information.