Archive for the ‘Car Accident Law’ Category

Study Finds Brain Imaging Can Predict Pain Intensity

Thursday, April 11th, 2013

fMRI Detect Pain 300x194 Study Finds Brain Imaging Can Predict Pain IntensityPain and suffering is often difficult to measure, even by the most experienced pain specialists.  Patients are typically asked to rate their own pain on a scale of 1-10.  Although there are objective ways to confirm physical and psychological injuries consistent with pain, the nature and extent of pain is typically measured by the patient’s own subjective self-reporting.

A new study published in the New England Journal of Medicine finds that brain imaging can be used to objectively assess pain — both physical and emotional pain.

The study involved a total of 114 patients who underwent functional magnetic resonance imaging (fMRI) — a unique and new form of neuroimaging — while being stimulated with heat-induced pain, as well as “social pain.”

What is Functional Magnetic Resonance Imaging (fMRI)?

fMRI is a relatively new form of neuroimaging used to measure brain activity by detecting changes in blood flow that occur in response to certain stimuli. fMRI can identify the parts of the brain that are involved in certain mental processes.

fMRI use is controversial, because it is a relatively new neruoimaging technique.  However, fMRI can be extremely beneficial to identifying a brain injury in patients who are symptomatic of neurologic dysfunction, yet have “normal” brain scans using typical imaging techniques.

As the above-mentioned study demonstrates, fMRI can also be extremely helpful in identifying pain.

fMRI to Identify Physical and Emotional Pain

The study found that in those patients who were subjected to heat-induced pain while being imaged with fMRI, a “nerologic signature” emerged:  increased brain activity in the thalamus, posterior and anterior insulae, secondary somatosensory cortex, anterior cingulate cortex, periaqueductal gray matter, and other regions of the brain.

Even more interesting, the study found that fMRI was helpful in identifying emotional-related pain — related to depression, post-traumatic stress disorder (PTSD), or other events that cause emotional pain.  When subjecting such patients to “social pain,” the fMRI showed that many of the same brain regions were activated as with physical pain.

In general, the study found fMRI to be over 90% sensitive (or accurate) in identifying physical and emotional pain.

This is a huge breakthrough for pain research and treatment for those with chronic and acute pain — both physical and emotional.  Based on this research, new treatment may be developed to focus on these specific areas of the brain that are triggered, rather than on the conventional approach to attempting to block pain impulses from getting into the spinal cord and the brain.

At Passen Law Group, most of our clients have experienced significant pain — both physical and emotional — as a result of serious motor vehicle accidents, medical malpractice, and other contexts which produce pain.  We welcome these new developments addressed at identifying pain, and hopefully leading to beneficial treatment for pain.

For a Free Consultation with one of our attorneys, Call us at 312-527-4500.

Teen Drunk Driving is Decreasing

Sunday, November 11th, 2012

teendrunkdriving Teen Drunk Driving is DecreasingOur top Chicago auto accident attorneys have some good news to report regarding the incidence of teenage drunk driving.  The Centers for Disease Control and Prevention (CDC)  recently reported that for teens between the ages of 16 and 19 years old, the percentage who drink and drive has dropped by more than half:  since 1991, it has declined by 54 percent.

The CDC believes that this decrease is in large part due to legal changes across the United States.  Specifically, many states have now adopted “zero tolerance” laws on teenage drunk driving:  laws that make any level of blood alcohol above zero a punishable offence for teens.

Illinois has had a “zero tolerance” law since 1995. Under Illinois drunk driving law, anyone under the legal drinking age (21 years) who has any alcohol, even a trace amount, in their system can have their driver’s license revoked. Teens stopped for other traffic offenses can be asked to take an alcohol test, and if they refuse the test, the penalties are even stiffer.  And, importantly, adults who let teens drink at their home can face fines and even jail time.

The CDC also believes that tighter restrictions on teenage licenses have also helped.  In Illinois, for example, the number of months a teen must have a “practice” license has been increased. And after getting her license, a teen can only have one other non-relative teen passenger in the car (for one year), and cannot talk on a cellphone at any time.

Finally, the CDC cited the increase of other ways to communicate, such as texting, chatting, and “skyping” (video calling via computer or smartphone) as a factor  -  as well as the increased cost of gas.  Because of these factors, the CDC believes, teens are more likely to “hang out” with friends while staying home, rather than gathering away from home and drinking.

Another notable factor in the decrease is the ever-more-realistic awareness campaigns put on by high schools aiming to stop drunk driving accidents. Schools in the Chicago area stage accidents, zip simulated corpses in body bags, and have victims, parents of victims, and those who have caused fatal drunk driving accidents speak to students.  Local high schools also revoke the right to participate in sports and other activities if students receive a DUI.

The report did contain some discouraging news:  one in ten teenagers, or 10 percent, still regularly drives drunk.  Of that 10 percent, 85 also engage in binge drinking.

Interestingly, the rates of drunk driving in teens also breaks out by gender and race.  Female teens are less likely to drive drunk than males.  White and African-American teens are also less likely to drive drunk than Hispanic teens.  Female African-American teens are the least likely to drive drunk of any teenage demographic group.

While the decrease is encouraging, our auto accident attorneys believe that there is far more work to be done. One in ten teens drinking and driving is still far too high a number. We encourage parents, educators, and legislators to continue the fight against drunk driving, to make the roads safer for teens and others.

For a free consultation with an experienced Chicago drunk driver injury lawyer at Passen Law Group, call us at (312) 527-4500.

Recall of Nissan Altimas

Wednesday, November 7th, 2012

nissanaltimarecalljpg 300x190 Recall of Nissan Altimas  In yet another automotive recall, Nissan Motor Company has announced that it is recalling Altima sens due to the improper installation of bolts. The bolts, which are not themselves defective, were installed incorrectly:  they were not properly tightened.  Thus, the bolts can fall off, leading to a crash.

The recall extends to nearly 14,000 vehicles.  All are from the Altima’s 2012 and 2013 model years.  The sedans subject to the recall were manufactured in Canton, Mississippi during a period spanning from May 10 to July 26.  It is unclear why the bolts were not installed properly during this period.

The defectively-installed bolts were four transverse link bolts and two rack bolts in the power steering system.  Nissan describes the problem as the bolts not having been “torqued to the proper specification.”  Put in simple English by our products liability attorneys, someone neglected to tighten them all the way.

This means that the bolts can come loose or fall off entirely while the car is in operation.  This can cause everything from a simple rattling noise to a steering failure and a dangerous or deadly collision.

Nissan has not reported any accidents or injuries as a result of the defective installation of the bolts.  Drivers who experienced steering failure or an unexplained accident in an Altima may not have realized, however, that their injuries and damage were the result of the defective installation.

Altima owners who experienced crashes in sedans subject to the recall should consult with an experienced product liability attorney.  Your attorney can help you to determine whether the defectively-installed bolts were the cause of your accident.  If so, Nissan may be liable to you for their negligent failure to install the bolts correctly.

Altima owners who have not yet experienced a crash should take their car in to an official Nissan dealership, where the bolts will be properly tightened, free of charge.

For a free consultation with an experienced Chicago products liability lawyer at Passen Law Group, call us at (312) 527-4500.

Keep Your Children Safe From Others’ Negligence on Halloween

Tuesday, October 30th, 2012

halloween drunk driver 300x240 Keep Your Children Safe From Others’ Negligence on Halloween  Halloween may be the best night of the year for children:  costumes, candy, and staying up past bedtime are an unbeatable combination.  Unfortunately, it has become an adult party-holiday, as well, leading to sharply increased risks for the little ones from negligent and drunk drivers.

In fact, as our Chicago auto accident attorneys know only too well, American children are an astounding four times as likely to be struck by a car on Halloween than any other night.  And according to the U.S. Centers for Disease Control and Prevention, children are also far more likely to suffer other injuries, such as burns or eye injuries.

While those who suffer injuries caused by the negligence of others can be compensated in court, this is of course no comfort to the parents of children who are injured or killed.  The best option is naturally to avoid injury in the first place.

Although parents cannot completely eliminate Halloween risks, there are steps they can take to minimize them, and to protect their children from drunk drivers and the other risks of the holidays.

The most important safety precaution you can take on Halloween is to ensure that your child is visible, and will even catch the attention of a distracted or intoxicated driver.  Costumes should be brightly-colored, and equipped with reflective tape or reflective striping.  Reflective tape and striping should also be added to bags, hats, and costume accessories for added visibility.  Give each child and accompanying adult a flashlight loaded with fresh batteries.

You can also take steps to ensure that your child avoids injuries from falling – whether the injury comes from the fall itself or from falling into the path of a driver.  Make sure all costume shoes fit well, and that the costumes themselves are not so long that a child will trip.  If your child is wearing a mask or hat, ensure that it fits properly so that the child can see fully.

Children, particularly younger children, should always be accompanied by an adult when trick or treating.  For older children who are permitted to go alone, agree in advance on a route that keeps the children away from busy streets where drunk drivers are likely to be, and preferably on streets with sidewalks so that children will not run afoul of drives heading home from parties to their homes in the neighborhood.  Children should be required to return at a reasonable hour, before most party-going adults head home and onto the roads.

These simple precautions cannot completely eliminate the risk of injury, but they can help to reduce it.  By following these rules, you can keep your children as safe as possible from negligent drives during trick or treating.

For a free consultation with an experienced Chicago auto accident lawyer at Passen Law Group, call us at (312) 527-4500.

Counterfeit Airbags Put Americans at Risk

Monday, October 22nd, 2012

20121022 153235 Counterfeit Airbags Put Americans at Risk

If you are like most drivers, you rely on safety features in your car, such as seatbelts and airbags, to keep you safe in the event of a collision. While your seatbelt provides a visible reassurance that you are protected, your airbags are hidden, leaving you to trust in this unseen safety shield.

But what if your airbag isn’t really an airbag?

Unfortunately, our auto accident attorneys have learned that is the case in a large number of vehicles on the roads today. The National Highway Traffic Safety Administration recently announced that vehicles which had an air bag replaced at a repair shop – not a new-car dealership – could potentially have a counterfeit airbag installed. These counterfeit devices will not inflate in the event of a crash.

To make matters worse, these counterfeit airbags sometimes do deploy. But when they do, they often expel metal shrapnel in the process, making the deployment just and dangerous as the alternative.

Making these products more dangerous is the fact that they are virtually indistinguishable from the real thing. They even are marked with the insignias and brand names of major automakers.

The warning applies only to airbags replaced in the past three years. Airbags are typically replaced after a crash occurs, to make the car safe in the event of a future auto accident.

As of yet, the NHTSA is unaware of any deaths due to the counterfeit bags. If they are left in operation, however, it is only a matter of time until such deaths occur. Transportation Secretary Ray LaHood identified the counterfeit bags as a “serious safety concern” and urged vehicle owners whose cars might contain the bags to have their vehicles inspected as soon as possible.

If you have had your cars airbag or airbags replaced by a private repair shop within the past three years, you should contact an automaker call center to arrange to have your vehicle inspected and, if needed, the airbag replaced.

For now, the NHTSA is operating on the assumption that the presence and use of these counterfeit airbags is the result of criminal activity. The Agency is working with several other federal agencies and departments to identify the perpetrators, bring them to justice, and ensure that this type of problem does not recur.

In the meantime, auto accident attorneys such as those at Passen Law Group stand ready to assist the victims of these counterfeit airbags, and help them to obtain compensation should injuries occur.

For a free consultation with an experienced Chicago auto accident lawyer at Passen Law Group, call us at (312) 527-4500.