Chicago Brain Injury Lawyer Blog

One of the most common causes of Illinois brain injuries that our Chicago brain injury attorneys have seen through the years involve auto accidents. Most of these injuries are caused by severe trauma to the head. When an individual is thrown around at high speeds after being involved in a car, truck, or motorcycle accident, that trauma often results. Many local residents have had their lives turned upside down in an instant after suffering one of these injuries following a traffic accident.

As we have frequently reported, there remain precious few scientifically viable treatments for many brain injuries. Medical experts are still hard at work unraveling the mysteries of the human brain, and therefore many of these victims never fully recover to their normal selves. Instead they are forced to spend years relearning many things, and even then, some skills remain out of grasp. However, out of tragedy often comes triumph, and many brain injury victims have made the most of their situation and are working to help other struggling through the consequences of these injuries.

The Sheboygan Press published a story this week that shares the story of a man whose life changed forever when he suffered a traumatic brain injury following a car accident. In April 2005, the man reports that he was stopped an intersection of two highways when his small car was rear-ended by an 80,000 pound semi trailer truck. At first the man thought he was going to escape the accident relatively unscathed. He had a CT scan at the hospital, and everything seemed fine. His doctors told him that his headaches and dizziness should go away.

Unfortunately, they never did.

Instead the man reports that he slowly began having trouble doing basic tasks. He began wandering around his office forgetting where he was or what he was doing. Eventually he was diagnosed with a closed-head trauma caused by the car accident. It has now been six years and he is still working to get his life back to normal. However, as unfortunate as the situation is, the victim in this case has used the situation as a call to advocacy. He is working now to educate others about the effects of traumatic brain injuries and to raise funds to help finds better treatments for victims.

As this man explained, the lack of awareness of these injuries is particularly troublesome, because many people are suffering with the problem and not receiving proper treatment. Far too often victims are not aware that they have actually suffered a serious injury. Instead they simply believe that they have a personal failing and are not able to act normally. It is very important for these individuals to take steps to improve their lives. While a “cure” may not exist, steps can certainly be taken to help brain injury victims function better within society and handle the unique ways that injury affects them. As one leader in the field summarized, “Brain injury is always different and it’s always unpredictable. And you have to take it on a case-by-case basis and really come to get to know the person as they are after the brain injury and not expect them to be what they were prior to the injury.”

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Our Illinois personal injury attorneys were sad to hear about an Illinois motorcycle accident, which left one passenger dead and two others seriously injured. The motorcycle accident occurred this past weekend when one motorcycle attempted to make a u-turn and struck another motorcycle that was heading in the other direction. The drivers of both motorcycles were injured, and the passenger of the motorcycle suffered serious brain injuries. According to the State Journal-Register, none of the riders were wearing helmets at the time of the motorcycle accident and the young woman that died as a result of her injuries suffered severe head injuries after she was thrown of the motorcycle during the accident.

Our Chicago brain injury attorneys strongly encourage all motorcycle drivers and riders to always wear a helmet whenever they are on a motorcycle. Given the danger of severe head injuries in a motorcycle accident, the importance of wearing a helmet is very high, and wearing a helmet will hopefully keep tragedies like this from occurring again. Though the state of Illinois unfortunately does not require helmets when driving or riding on a motorcycle, it is something that each motorcycle driver or passenger should definitely choose to do themselves anytime they get on a motorcycle. While you or a loved one may feel that you are very safe on a motorcycle and will not get into an accident and therefore do not need a helmet, it is important to realize that not everyone else out there on the road may be as careful, cautious, and skilled of a driver and could cause an accident that you may be unable to avoid.

Unfortunately, the overall usage of helmets has been decreasing greatly in recent years and a 2010 study showed that only 54% of drivers and passengers wear a helmet when riding a motorcycle. This incredibly low percentage of helmet usage even includes those states where wearing a helmet is required to ride a motorcycle. According to the National Highway Traffic Safety Administration, as of 2010 only 20 states and the District of Columbia required helmets on motorcyclists. It is upsetting that so many states do not require helmets, because helmets can offer so much protection when a person is thrown off of a motorcycle and can protect against traumatic brain injuries and even against fatalities.

So even if the law does not require it and you feel that you are a safe motorcycle driver, please remember that others may cause an accident and that a helmet can make the difference between life and death. If you or a loved one have suffered a brain injury as a result of another driver’s negligence and feel that you may have a case against that person, please do not hesitate to contact our Chicago personal injury lawyers today to discuss what has happened to you or your loved one and what options may be available to you.

According to the National Trauma Databank, 62,840 cases of motorcycle collisions were reported between 2002 and 2006. According to a new study by Johns Hopkin’s University School of Medicine, motorcycle injures have increased by about 5,000 injuries per year since 1997 and motorcycle fatalities have nearly doubled. As the weather warms up, more motorcyclists will share the road and with this comes an increase in motorcycle accident-related brain and spine injuries. Chicago brain injury lawyers and spine injury lawyers recommend that everyone wear helmets at all times in order to prevent serious personal injury or death.

Trauma caused by a motorcycle collision can result in brain and spine injuries, as well as death. The newest study from Johns Hopkin’s University School of Medicine suggests that helmets dramatically reduce the risk of those injuries. Contrary to popular belief, the study also concludes that wearing a helmet while riding a motorcycle can lower one’s risk for cervical spine injury. According to the study, wearing a helmet can reduce the likelihood of suffering a cervical spine injury by 22 percent and reduce the odds of death by 37 percent. This new information contradicts a popular 25 year-old study often cited by anti-helmet lobbyists that found that the weight of a helmet can cause neck injury that damages the spine. However, improvement in helmet technology has created lighter, sturdier, and overall more protective helmets.

Today only 20 states have laws that require the use of a helmet when riding a motorcycle. Some states, such as Pennsylvania, Florida, and Texas, have repealed their mandatory helmet laws. As for Illinois, although Illinois does not currently require the use of a helmet, on January 27, 2011, a new bill was introduced into the Illinois House of Representatives to require the use of helmets for those operators and passengers of motorcycles who are under the age of 27.

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Nearly three decades ago Terry Pomatto “lost” her son to a motorcycle accident. Steven Paul Fowler, Terry’s son, suffered a traumatic brain injury while riding his motorcycle when an animal ran into the road in front of him. Unable to stop Steven crashed, killing one passenger, while personally suffering a traumatic brain injury. Steven did not pass away, but his life was never the same. After weeks in a coma, Steven woke up unable to do even the most mundane tasks. “It took months just for him to learn to open his mouth, to chew food, to swallow," Pomatto said. Steven eventually regained the ability to speak, and eat, but only in a limited capacity, and he was never able to truly function as he was before the accident. Steven never made it out of the nursing home.

Steven’s mother had bought him a helmet a few weeks prior to the accident, but unfortunately Steven was not wearing it when he collided with the wild animal on May 31, 1981. A few days after the accident, Steven’s mother went to his house to pick up a few things and found the helmet sitting on the kitchen table. As a mixture of emotions swelled inside her, Terry picked up the helmet and threw it against the wall.

Steven suffered from a traumatic brain injury. The Mayo Clinic describes a traumatic brain injury as “the result of a sudden, violent blow to the head — which launches the brain on a collision course with the inside of the skull. This collision can bruise the brain, tear nerve fibers and cause bleeding.” Additionally, According to the National Institutes of Health, “half of all traumatic brain injuries are caused by collisions involving cars, motorcycles and bicycles.”

To limit these injuries, it is important for an individual riding his/her motorcycle to wear a helmet at all times. Although a helmet will not completely eliminate the chance of a traumatic brain injury, it can reduce it significantly.

Currently, there is no law in Illinois which requires an individual to wear a helmet while riding a motorcycle. Although there have been attempts to create one in the past, the legislature has never successfully passed a law to such effect.

How many more cases like Stevens' will it take before Illinois understands the severity of brain injuries? Illinois, after many years of traumatic injury, passed a law in which individuals in motor vehicles had to wear seat belts. I suspect (and hope) that a law requiring the use of helmets for motorcyclists is not too far away. It will save many future families from the heartache and pain suffered by Steven’s family.

Our Chicago accident attorneys at Levin & Perconti recommend that all motorcyclists wear helmets to help avoid potential brain injuries and death. We offer our deepest sympathy to Steven’s family and all other families who have suffered a loss caused by a motorcycle accident.

In the summer months there are an increased number of motorcycles on the road and with this, the number of injuries and fatalities among riders increases. According to the Insurance Institute for Highway Safety, 40% of motorcyclist deaths in 2008 occurred during June-August, compared to only 9% during December-February. They also reported that helmets are about 37% effective in preventing motorcycle deaths and about 67% effective in preventing brain injuries.

Brain injuries can be life altering and severe. Even if you suffer a minor brain injury such as a concussion, it can render you inoperative for some time. According to Dr. Angela F. Gardner in The New York Times, “Every concussion increases the likelihood that you will have an injury to the brain if another concussion occurs.” In addition, “You don’t have to be going fast to hurt your brain.”

Many states, including Illinois, do not require riders or passengers to wear helmets. However, your chance of survival in a motorcycle accident begins with wearing one. The Illinois Department of Transportation offers additional safety tips on their website. These tips include staying out of trucks blind spots, driving defensively and cautiously, wearing high visibility clothing and performing proper maintenance and safety checks on your motorcycle.

Our Chicago accident attorneys at Levin & Perconti recommend that all motorcyclists wear helmets and remember these safe riding tips to avoid brain injury or death. Riding a motorcycle can be an exhilarating experience, but it is important to take these precautions to ensure your safety.

The Chicago City Council approved a $3 million settlement on behalf of a woman seriously injured when the car she was riding in was hit by a stolen vehicle during an unauthorized police chase, the Chicago Sun-Times reports. The stolen vehicle was driven in excess of more than twice the speed limit when it slammed into the woman’s vehicle, and the collision was so strong that her body was thrown from the car and landed on the ground forty feet away. Doctors had to place the Chicago woman in an induced coma for two days and she was in the hospital for over two weeks. The woman suffered permanent brain damage as a result of the crash.

Mayo Clinic reports that half of all traumatic brain injuries occur as a result of car, motorcycle and bicycle collisions. When the head is struck too strongly, such as can occur in a collision, the brain can slam against the inside of the skull and cause bruising of the brain, bleeding, and torn nerve fibers. Sudden braking or stopping as a result of a car collision can also cause this to happen. A traumatic brain injury can be fatal. When serious brain injuries are not fatal, the consequences can still be severe. Traumatic brain injury can cause cognitive impairment, affecting a person’s thinking and reasoning skills, memory, and multitasking ability.

To help prevent against serious brain trauma, always wear a seatbelt while driving in a car. Motor vehicle collisions are sometimes unpreventable, but by taking the extra precaution of wearing something as simple as a seatbelt or child booster seat, lives can be saved and people can take steps toward recovery, whether by medical intervention, lawsuits, or both.

Head Injuries are the leading cause of death for Malaysians under 45, according to a Malaysian newspaper. The periodical notes that motorcycle accidents accounted for nearly 60% of Malaysian traumatic brain injuries in 2003 even in the face of national legislation requiring all riders to wear helmets. The article continues by noting that treatment for traumatic brain injuries is limited, but improving. To more about how traumatic brain injuries are affecting other nations worldwide, please click here.

Recently, the Illinois Senate rejected a bill that would require Illinois motorcyclists to wear a helmet. The bill was introduced by Sen. Donne Trotter and opponents voiced the opinion that riders should have the right to choose whether or not to wear a helmet. Many believe that the number of motorcycle deaths and brain injuries could be reduced if helmets are required.

As warmer weather approaches, more and more motorcyclists will be on the road. Helmets can help to protect riders who are involved in accidents from traumatic brain injuries or death. According to a report by the The National Highway Traffic Safety Administration, there were 157 motorcycle fatalities in Illinois in 2007. Of these, 121 riders were not wearing a helmet. Read more about the motorcycle debate in Illinois by following the link.

If you or a loved one has suffered a brain injury in a motorcycle accident, we encourage you to contact our attorneys to discuss your case.

Collisions involving cars, motorcycles, and bicycles are the contributing factors for half of the United States’ reported brain injuries. According to the article, “the risk of traumatic brain injury is highest in young men ages 15 to 24.” One symptom of someone suffering from a traumatic brain injury is the occurrence of a seizure within the first week after the injury. The article lists several other conditions that may result after the traumatic brain injury, but the most common are short term memory loss and communication problems.

For the full story, click here.