California Injury Attorney Blog

The National Transportation Safety Board has been very clear with the public over the past few years about the dangers of using tech devices while driving. Recently, the agency asked that all states ban both calling and texting while driving. But there is something very new about this recommendation. The Board went beyond the previous recommendations and has asked states to include even hands-free devices in the ban.

California has always been a leader when it comes to safety, but we might be surprised to learn that the feds say banning all devices is really the best approach to safety. States have different laws in this area. California allows hands free conversations, but bans texting or hand held calls while driving. This law can be found at California Vehicle Code section 23123.

Probably most of us believe that when we are using a hands-free device while driving we are safe enough. After all, we talk with passengers in our vehicles while we are driving. However, there is reason to believe that there is a distinction with a difference when it comes to talking to someone while using a device. Our behavior changes in subtle ways and when we talk with a passenger in our vehicle, that person can also pay attention to the road and warn us of hazards. A person on the phone with us cannot do that.

Although the NTSB does not have the authority to make the states enact a prohibition on the use of mobile devices -- some states might consider enacting a ban given the strong recommendation made by the feds. The poster case for this is a terrible tragedy that occurred a couple of years ago. Two people were killed and 40 were injured when a person who had been texting while driving, gave rise to a huge and tragic pile-up accident in Missouri. With more accidents resulting from texting and driving, one can only expect the focus on how to stop this practice, will become more in focus over time.

What the NTSB wants us to do is concentrate on our driving. As noted in the statistics from the agency, over 3.000 people die annually due to distracted driving. The agency warns that a routine trip can become tragic in a distracted driving situation. If we put down these devices, many deaths and injuries would be avoided.

If you have been injured in an auto or other motor vehicle accident, the California injury lawyers of Hersh & Hersh can help evaluate your legal rights. Contact us for a free consultation with one of our experienced personal injury and accident lawyers. We have helped many injured victims in our decades of law practice and we want to help you and your family.

Earlier this week, an Alameda woman was arrested for having allegedly assisted a teen in buying alcohol late last year. The teen was a friend of the woman's child.

Hours after the alcohol was purchased, the teen was dead. She had consumed alcohol and was a passenger in a vehicle that was driven by another intoxicated teen who had been at a party where, presumably, the alcohol was consumed.

As California auto accident lawyers, we are aware of the terrible impact that drinking and driving can have. Families suffer tremendously when a loved one is injured or tragically killed as a result of this dangerous behavior.

The Alameda woman has been arrested on suspicion of furnishing alcohol to a minor. The South San Francisco store clerk and co-owner where the purchase was made has also been arrested. The teen is alleged to have purchased the alcohol, but this is disputed by the store clerk's attorney who reportedly told SF Gate: "[t]here's no evidence that any alcohol was sold directly" to the teen. He noted that the adult made the purchase.

This tragedy unfolded in the early morning hours of the day after the alcohol was purchased. The teen was riding in a vehicle driven by a 19-year-old who was driving at 60 miles per hour on Highway 101. He was unable to stop in time to avoid traffic that was stopped due to a previous crash. Veering at a high rate of speed into the next lane, he rear-ended the car in front of his vehicle. The deceased teen who was riding in the back seat of this vehicle was thrown into the front of the car. She died later at a local hospital.

The teen driver's blood-alcohol level was 0.15 percent, nearly twice the legal limit. He has now pleaded no contest to several charges that include felony drunken driving causing injury, as well as misdemeanor vehicular manslaughter without gross negligence. These crimes carry a sentence of up to four years and four months in prison.

Impaired judgment is only one impact of drinking and driving. Mothers Against Drunk Driving has been battling this behavior for years and has gathered statistics on its website state by state and keeps these up to date. California ranks 21st in DUI deaths nationally with 29 percent of the our fatal road deaths attributed to DUI. California requires ignition interlocks for all convicted drunk drivers in only four of our counties: Alameda, Los Angeles, Sacramento, and Tulare.

The San Francisco law firm of Hersh & Hersh has a long history of improving the public's health and safety. We have a long and stellar history of creating protections for victims of injury.

If you have any questions about our representation of victims and their families in personal injury and auto accident cases, contact our California office to speak directly with one of our attorneys.

The stunning story last week of a man whose car plunged 200-feet in a Los Angeles forest ravine is truly remarkable. He beat the odds and survived for six days in the wilderness and with injuries.

In the case last week, the injured man is lucky to be alive. He is recovering from broken ribs and a broken arm, as well as a dislocated shoulder. His family would not give up in their search for him and went on a hunt that tracked cell phone usage and witness interviews to find him. The trauma surgeons are amazed by his fortitude and resourcefulness.

But his accident is actually the type of accident that is being studied. The renown researchers at the Virginia Tech Transportation Institute (VTTI) are studying the causes of what are known as single vehicle accidents. In this case, the man reported to authorities that he swerved to avoid oncoming lights and went up on the side of the road and then over the edge and down into the ravine.

The current studies underway at VTTI's Center for Injury Biomechanics are researching the causation mechanisms of traumatic road departure motor vehicle accidents. The studies will take place over a period of two to four years and will involve the study of passenger vehicles and motorcycles crashes.

According to VTTI, there are about 10,000 people who are fatally injured in road departure crashes often due to "collisions with trees, poles, side slopes, and other hazards." The studies will look at guide rails, signs and other devices that might play a part in these accidents. The hope is to reduce the severity of these crashes by studying
the conditions under which road departures occur, such as happened in the Los Angeles accident and to reduce both the severity and frequency of these crashes. In addition, the biomechanics of injuries resulting from these accidents will be studied.

Sadly, another vehicle went off the road in the same location. The man in that vehicle was deceased as the second driver clung to life and survived.

The California injury law firm of Hersh & Hersh has worked for the safety and well-being of consumers for four decades. If you have been injured in a bus, car, or other motor vehicle accident, contact our law firm for a free consultation with one of our lawyers.

The Centers for Disease Control recently published a list of the states with the highest cost of fatal motor vehicle crashes. California has the dubious distinction of being first on the list -- and as lawyers who represent those impacted by serious accident, we know full well the costs to victims of these tragedies as well as to their families.

The total estimated cost of these accidents in $41 billion -- and half this cost is from only ten states. California's $4.16 billion in costs for medical and work losses exceeds all other states. We are followed by Texas, Florida, Georgia and Pennsylvania.

The findings were based on data from 2005 -- the most recent available. The reason for the high costs is not explained in the findings, but it is clear that the costs of fatal crashes is very significant and in the opinion of the CDC, preventable. The CDC has issued some safety recommendations along with the findings.

The CDC noted that nearly $856 million in costs were associated with crash deaths of children and teens. Recommending compliance with child safety laws and graduated licensing laws as a way to lower fatalities for children and teens, the CDC is urging states to "strengthen and enforce these laws ... to protect young lives."

Four recommendations were made overall to bring the medical and work loss costs down: 1) primary seat belt laws are in place, but need to be enforced because they are proven to lower the risk of death; 2) child passenger safety is critical to the safety of young passengers; 3) graduated licensing for teens has also been shown to lower risks by 40% the risk of teen car crashes for drivers who are 16 years of age; and 4) the use of motorcycle helmets and laws requiring them, have a major impact of saving lives reducing deaths by one-third and the risk of brain injury by nearly 70 percent.

As California personal injury lawyers, Hersh & Hersh has represented the families of victims of fatal car crashes on behalf of their deceased loved ones. If your family has suffered such a tragedy, please contact our offices for a free consultation with one of our experienced trial lawyers. We are here to help you and your family.

As California consumer and injury lawyers, we have seen the tragic consequences of serious accidents of all kinds. Among the most likely to cause catastrophic injury, are those that occur when cars and people or bicyclists collide.

Recently, a Ventura County driver hit and ran after striking and killing a bicyclist -- he was arrested in his driveway. Two other bicyclists were hit but not killed by this driver.

We are all aware that pedestrian accidents and injuries can happen at any time and tragically, can result in serious injury and even death. We sometimes forget how vulnerable we are when simply walking across a street or riding a bicycle on a country lane. But pedestrians and cyclists cannot protect themselves from a driver under the influence who is not obeying the rules of the road.

That is what happened last week in San Francisco when a pedestrian was killed in a hit and run at Masonic Avenue at Turk Boulevard. The 61-year old pedestrian died at the scene and had been crossing at the intersection when a suspected drunk driver struck him while on what ended up as a hit and run rampage.

The driver of the car also hit several cars after striking the pedestrian and finally slammed into planters at the St. Mary's Medical Center on Stanyan Street.
The driver was injured and taken to the hospital. He was also arrested and will likely be charged with vehicular manslaughter.

Tragically, the Masonic and Turk intersection has been the scene of a fatal hit and run. Last year a German tourist was killed at that intersection as he rode a bicycle.
Masonic Avenue is under study for redesigns to make it safer.

The executive director of the pedestrian advocate group Walk San Francisco was quoted as saying that Masonic Avenue is under a redesign process that should lead to safety measures. Sadly the changes have not yet been made and another life has been lost.

Hersh & Hersh can help victims of bicycle and pedestrian accidents. Please contact our offices for a free consultation with one of our lawyers.

A decade after recommendations were made for truck and bus safety, the conversation continues. As California injury attorneys, we are pleased that, at the very least, safety is being discussed.

The national forum on truck and bus crashes and safety began earlier this week in Washington, D.C. The two-day forum which convened at the National Transportation Safety Board goes through today. Live webcasts and other information can be found at the NTSB website.

The NTSB has been raising the level of awareness in the areas of truck and bus accident safety and the forum is intended to bring together industry experts including safety, regulatory and the trucking and busing industry to talk about the continued dangers of transportation. Long-standing recommendations have yet to be enacted or implemented.

The Associated Press report on the forum, reminds us of one of the major safety issues being discussed during the forum -- the terrible consequences of truck driver fatigue. For example, some remember the 2009 accident in Oklahoma in which a truck failed to stop to avoid a fender bender in its path. Although there was plenty of time and space for the truck to avoid the cars in front of it, the truck drove through the sitting traffic. Ten people were killed as the truck rode over passenger cars dragging them until it stopped. The investigation revealed that the truck driver had slept only about five hours the night before the accident and had been driving for nearly 10 hours.

The forum is looking at fatigue as a big factor in these crashes, roughly 40 percent are due to fatigue. The Obama administration is seeking to ensure measures like mandatory rest breaks, reduction of hours behind the wheel and other rules are put in place to manage driver fatigue.

Although truck fatalities have improved in the past few years, dropping from 2005 to 2009 by about 2,000, there are still too many such tragic incidents.

Similarly, bus fatalities have continued with recent fatal crashes, including one this past March in New York involving a casino trip to Connecticut in which 15 people were killed and 18 injured. Many injuries in bus crashes involve ejection of passengers from the vehicles.

Bus safety improvements are part of this conversation. For years, the NTSB has had a recommendation that buses have similar safety measures as cars, such as seat belts, stronger bus roofs, windows that open and other basic measures that could save lives in a bus accident.

Hersh & Hersh has represented the victims of serious car and truck accidents for many decades. We applaud the conversation about safety, but would hope that recommendations are implemented that would help save lives.

If you or a family member has been injured in a motor vehicle accident, please contact our San Francisco office for a free consultation with one of our lawyers. We represent accident victims throughout California and can help support you and your family through this most challenging time in your lives.

As San Francisco personal injury lawyers, we are all too aware of the dangers of driving since we represent those who have been involved in serious accidents and have suffered often traumatic injuries.

And even though California law prohibits drivers from holding a cell phone or texting while driving, there are many other distractions that can result in a serious accident. If you thought it was just cell phones, you are wrong.

Recently, the New York Times reported on the other areas of distraction that many drivers engage in daily that carry the same risk as driving while under the influence. These include opening a bag of chips or nuts, programming a GPS, getting something off the car floor your child dropped, searching for a CD or putting on makeup.

According to the experts, none of these activities is safe since cognition is compromised and all are just as big a problem as holding a cell phone or texting while driving. As noted by the NYT piece, experts say that: " '[d]riving while distracted is roughly equivalent to driving drunk.' "

Sobering isn't it? So much so that the American Academy of Orthopaedic Surgeons and the Orthopaedic Trauma Association, have started a "Decide to Drive" campaign. Its amazing that we even need such a thing, but since Americans seem to think that they should multi-task while driving, this campaign seeks to educate drivers of the dangers of doing so while driving.

The numbers are truly staggering. The National Safety Council has stated that just this year so far there are over 300,000 accidents related to distracted driving.

The thing to do, according to the experts, is to get everything you can organized before starting the car or pull over if you need to attend to something other than driving. The long term consequences of doing otherwise are just not worth the potential for tragedy.

Hersh & Hersh represents the victims of serious injury, including that caused by car accidents or other motor vehicle accidents. If you or a loved one have been injured in an accident, please contact us for a free consultation with one of our experienced trial attorneys.

As California brain injury lawyers, we have represented victims and families dealing with the devastation of head injuries. These injuries can range from mild traumatic brain injury which can itself have devastating symptoms, to traumatic brain injury which can result in tragic medical consequences. The word "mild" does not actually mean that the symptoms are mild. In fact, a mild traumatic brain injury can cause life-changing symptoms and have a major impact on such functions as memory, cognition and other areas of brain function.

And now a medical research project at the VA San Diego Healthcare System which started about three years ago to discern post-traumatic stress disorder from traumatic brain injury, is gaining national attention and could help all patients who are suffering brain injuries.

Mingxiong Huang and his colleague Roland Lee are medical researchers at the University of California San Diego. They have focused on the specific diagnostic tool magnetoencephalography, or MEG, and diffusion tensor imaging to determine whether this tool might be a better diagnostic method than MRI (magnetic resonance imaging).

According to the report in the North County Times, these research findings are so promising that Huang is headed to Washington to brief officials as to how these advanced brain-imaging techniques might just be the answer for more accurate detection of not only mild traumatic brain injuries, but distinguishing these injuries from the post traumatic stress disorder.

We are aware that MRI does not reveal some brain injuries after car accidents for example, because we have represented clients that had normal MRI's, but suffered severe symptoms after an accident, such as a rear-end vehicle collision. As it turns out, the research reveals that in fact 70 percent of traumatic brain injuries are not found on MRI which is the most commonly used device for scanning and diagnosing brain injuries.

These researchers have found that "damaged areas of the brain appeared on MEG scans as having slower-than-normal brain waves, while diffusion tensor imaging recorded those areas as black holes or as frayed or weakened fibers." This will not only help doctors distinguish brain trauma from post-traumatic stress disorder in about 90 percent of the cases, it will also help diagnose mild traumatic brain injuries.

Continue reading "San Diego Brain Injury Research Could Provide Better Diagnosis" »

The Los Angeles Times reports that several important steps are being taken to protect pedestrians as they browse the Santa Monica Farmers Market. The system of protections will include signs, barricades and nets that are able to stop vehicles.

The planning for all of this started several years ago. It was prompted after 10 people were tragically killed as an elderly driver went off the road and crashed into pedestrians at the Farmer's Market. Santa Monica and additional defendants paid $21 million in damages for the loss of life and other injuries. As injury lawyers, we know the shock and sorrow that families experience in tragic accidents.

The nets are reported to be relatively safe for those in the car or other vehicle, but are capable of stopping even a very heavy vehicle. They are similar to tennis court nets, and are strung with cables on the top and the bottom of the net.

As can happen with elderly drivers, the man who was driving at the time of the tragic loss of life, hit the accelerator thinking it was the brake. He was sentenced to five years probation after his conviction in 2007 of ten counts of vehicular manslaughter with gross negligence.

After the elderly driver car accident, various entities concluded that not only were the signs inadequate, but there was no hard barrier system to keep traffic out of the market.
Other cities have used the nets to keep traffic out of areas such as construction zones.

Continue reading "Protecting Pedestrians Against Injury" »

The tragic bus accident that killed 15 passengers earlier this year in New York, is a sad ending to the many lives lost. Now it has been determined that the bus was traveling 78 miles per hour when it crashed and flipped. The wrongful death and injury lawyers of the California Injury Attorney Blog know that this indicates the accident could have been avoided.

This news was delivered last month by the National Transportation Safety Board (NTSB) which found that the bus was traveling at the highest rate of speed possible for the vehicle only 45 seconds prior to its departure from I-95. At the time of the crash, the bus was traveling between the Bronx and a casino in eastern Connecticut.

In addition to the work of the NTSB in putting together the pieces of this tragedy, the New York State Police are involved in the investigation and have been interviewing witnesses and conducting studies of the crash. The purpose of the investigation is to determine whether the bus driver will be charged criminally.

The bus driver's account of the accident included a claim that he was trying to avoid hitting a tractor-trailor that had passed him and veered towards the bus. And now it has been revealed that he had served time in prison for manslaughter and larceny convictions -- his license has been suspended.

In fact there is no evidence that the accident happened the way the driver described it. Another truck driver came forward as a witness and has said that the tractor-trailer that is alleged to have swerved towards the bus, did not do so.

The investigation has revealed that the bus reached its fastest speed of 78 miles per hour in the 45 seconds before the crash. The speed limit was 55 miles per hour.

There is some thought that the driver may have fallen asleep at the wheel of the bus according to some of the surviving passengers.

Continue reading "Fatal Bus Crash -- Speed Possible Factor " »

Last November, a Los Altos woman who was riding a bicycle in Portola Valley was struck and tragically killed when a truck hit her as she was traveling on property maintained by San Mateo County. The woman's family has filed a wrongful death action against the driver of the truck and the company that employed him. But the driver and his employer are seeking to make sure that the County pays for any judgment against them that might be awarded to the woman's family.

The defendants in the wrongful death case claim that the accident occurred due to a dangerous condition on public property. But it appears for now that the claim for indemnity could be rejected by the County, as they say the California Highway Patrol determined in their accident investigation that the truck driver made an unsafe turn and that the accident was not the result of any dangerous conditions. There were no eyewitnesses to the crash which occurred near an onramp to I-280.

On the other hand, the defendants in the wrongful death case say that the road is dangerous and poorly designed. And although a new investigation is still pending, there are some possible changes underway for the area in which the accident occurred. The County has met with the Silicon Valley Bicycle Coalition and has applied for grants to make changes to the area where the tragedy occurred.

As California injury lawyers, the attorneys of the California Injury Attorney Blog support all efforts to make roads safer for both bicyclists and motor vehicles. If we are to share the road, we must ensure the safety of all who travel, regardless of whether they are driving a truck, motorcycle, car or riding a bicycle.

We want to remind all readers to slow down, look carefully, and follow the law: do not use devices that can distract you from driving safely.

Hersh and Hersh has represented many clients dealing with injuries sustained in bicycle accidents, as well as motor vehicle accidents of all kinds. If you or a loved one have been injured in an accident, please contact us for a free consultation.

The Sacramento Bee reported recently that an effort is underway in California to pass a consumer-related bill that would protect consumers from renting or buying a car from a rental car company that is subject to a federal safety recall.

California Assembly Bill 753 is supported by the mother of a young woman and her sister who were both killed in a tragic crash in Monterey County in 2005.

Carol Houck's daughters were killed in a head-on collision on Highway 101 when they were driving a rented Chrysler PT Cruiser that had been subject to a safety recall. Ms. Houck has been dedicated to getting legislation passed to protect drivers from what happened to her children.

The bill's author is Democratic Assemblyman Bill Monning of Carmel who is pushing for the legislation to ensure that all rental car companies are required to protect consumers from recalled cars that have not been repaired. Some companies have voluntarily decided to do this, but that is not enough according to Monning and Ms. Houck who is also involved with Consumers for Auto Reliability and Safety (CARS), which is pushing for the bill's passage.

The deceased sisters' family was awarded $15 million in a wrongful death case filed against the rental car company and its holding company that rented them the recalled vehicle. The vehicle in which the young women were killed, had been rented repeatedly, despite the federal recall for a potentially dangerous leak in the steering wheel hosing which was never repaired. The rental car company eventually admitted negligence.

Some rental car companies have changed their policies regarding recalled cars, but others say the legislation should be narrowed to include only recalled cars for major safety issues.

What is the National Highway Safety Commission's position on this issue? "All safety recalls resulting from defects present an unreasonable risk to safety." The California Injury Attorney Blog agrees.

The San Francisco law firm of Hersh & Hersh has a long history of improving the health and safety of the consuming public. We support legislative efforts that protect consumers and we have a long and stellar history of creating those protections for victims of injury.

If you have any questions about our representation of victims and their families in personal injury and auto accident cases, contact our California office to speak directly with one of our attorneys.

The New York Times and other news services reported last month on a major turn-around for parents and caregivers of young children with regard to car safety. The California Injury Attorney Blog often focuses on child safety and accident avoidance and wants to ensure that all parents and others are aware of the new recommendations that pediatricians have recently issued for infants and toddlers.

The new recommendation is that children should ride in rear-facing car seats until the age of two -- twice as long as was previously recommended. The prior recommendation was that infants could move to front-facing car seats at one year or 20 pounds.

The journal Pediatrics published the safety recommendation which is supported by research that found kids under the age of two years are 75% less like to die or suffer serious injury when they are seated facing the rear. Parents and caregivers can consult the safety chart on the healthykids.org site for specific information and guidelines.

The evidence is in - when infants and toddlers sit rear-facing, head, neck and spine injuries are less likely and/ or severe - especially when the impact is from the front of the vehicle. This is because sitting facing the rear, the force of impact is spread throughout the body.

When forward-facing seats are used correctly they also provide good protection. But unfortunately, many car seats are installed or used incorrectly which diminishes the protection.

Many forward-facing car seats are convertible and can be safely turned to the rear. Contact your manufacturer to determine whether that is the case with your child's car seat. But once your child has been facing forward, reversing that might not be so easy. We highly recommend that parents and caregivers take this safety measure to protect their little ones.

The California injury attorneys of Hersh & Hersh take pride in their preeminent work in child safety and infant protection. We have been at the forefront of some of the largest crib and bassinette recalls in United States history and have represented children and their families from around the nation in tragic matters such as wrongful death, as well as serious accident and injury cases. Please contact our law firm to talk with one of our compassionate lawyers, dedicated to the health and well-being of infants and children.

Over a decade ago, the National Transportation Safety Board made recommendations for bus safety, but the Transportation Department did not implement them and Congress did not act either. Now that bus crashes have taken the lives of many from skiers to college baseball players to slot machine seekers -- Congress is interested in safety legislation.

California bus accidents and deaths have taken a toll as well. In 2009, five people were killed and 38 injured in a tour bus accident involving mainly French nationals. In July 2010, a Greyhound bus traveling from Sacramento to LA ended up crashing with sixth deaths. These are only examples of what is becoming a common tragedy.

In fact, so many people have been killed or seriously injured in California and across the nation when a bus accident does occur, it is impossible to continue to ignore the safety issues. One basic recommendation has been around for a long time, installation of seatbelts in buses. Another recommendation includes the use of recorders that track how long a bus driver has been driving. Another still another calls for stronger roofs, windows that can be opened and more advanced glass windows that are less likely to injure passengers in an accident.

One chilling statistic is hard to ignore. Deaths occur in bus or motor coach accidents due to rollovers and most of those deaths happen because passengers are ejected.
The safety board plans to hold hearings soon on the implementation of the recommendations made so many deaths ago.

Although Transportation Secretary Ray LaHood has a plan to implement the recommendations, only one has been put in place. No texting by bus or truck drivers while driving. Apparently, the Secretary is working with police in over ten states with what the AP called "surprise bus inspections."

New driver testing standards are also in the works, as are ways to avoid testing fraud. Drivers apparently also have a lot to do with bus crashes. In fact, the NTSB says that 60 percent of deadly bus crashes relate to issues with drivers.

Although the current administration is reported to have greater enforcement than the prior one, there is much more to do to stop bus accidents and deaths. It would cost nearly $90,000 to implement new safety standards in new buses. But many believe that consumers would be willing to pay more to ride a bus they know is safer.

California injury and consumer law firm, Hersh & Hersh has represented those injured in bus and other motor vehicle accidents for decades. As a highly-respected injury and consumer firm, the lawyers of Hersh & Hersh have a dedication to clients and their families that is unsurpassed. Please contact our offices for a free consultation with one of our experienced injury trial lawyers.

According to the federal Centers for Disease Control, 1.5 million Americans sustain traumatic brain injuries annually and 75% of those are considered what is deemed "mild."

But the California Injury Attorney Blog wants Americans to know that even a "mild" traumatic brain injury can be very serious and devastating. In fact, about 15% of those patients with mild traumatic brain injury can suffer disabling and persistent problems.

Recently, San Francisco's injury law firm Hersh & Hersh, which is affiliated with the California Injury Attorney Blog, achieved a substantial settlement for a man injured in a rear end accident. Rear end accidents are common, but can result in persistent injury, including what is called Mild Traumatic Brain Injury (MTBI). The firm established through the medical evidence that a low impact rear end accident which causes a whiplash can also cause MTBI and vestibular (inner ear) injury which, when combined, can result in serious, lengthy disability.

The settlement for the MTBI of the injured victim was obtained despite the fact that the defense attempted to characterize the crash as low impact with "experts" that would likely not have been allowed to testify as such at trial because they did not have proper credentials in the area in which they were attempting to testify. The defense hired a neurologist/psychiatrist and a neuropsychologist to try to prove the plaintiff was malingering and/or emotionally disturbed so that he had no injury but imagined it. Those theories were rebutted by the testimony of treating health care providers and a lot of hard work by counsel.

MTBI is an injury that is very commonly overlooked and not diagnosed. However, the injury can be devastating. It can be the result of the forceful motion of the head or impact that causes a brief change in mental status such as confusion, disorientation or loss of memory and can also involve a loss of consciousness for less than 30 minutes. Some symptoms can persist including: fatigue, headaches, memory loss, trouble concentrating, sleep disturbance, dizziness, balance problems and other symptoms.

Mild traumatic brain injury can result in a brief loss of consciousness and/or confusion or disorientation. Brain scans such as MRI and CAT scans can be normal in MTBI, but the victim of this injury can have cognitive and concentration problems, headache, memory problems, mood swings and other symptoms which persist.

The victim of MTBI will often look and act normal even though in fact they are not feeling or thinking in a normal way. If you have been in a rear-end or other auto accident, you may have suffered a MTBI without knowing it. You could be suffering a disabling injury and need medical and other support, including recovery for loss of time at work. Contact the California injury lawyers of Hersh & Hersh for more information on MTBI and your legal rights. We can provide a free consultation and assessment of your situation.