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Personal Injury Attorney - Michael Ehline
Personal Injury Attorney – Michael Ehline

Welcome to the ELFPI.com law blog. Here we discuss everything and anything about serious personal injuries in Greater Los Angeles. So the topics covered here go from drone injuries, commercial driver-less vehicles and beyond.

More than anything, public figure Michael Ehline and invited guests to discuss the many territories of accidents, injuries, science, biomechanics, legislation, court cases and more. Come check out our blog now.

Will DOT Be Taking Action Decrease Pedestrian Casualties?

Sports car rushing to hit pedestrian
A man at a pedestrian crossing seen through the window of an oncoming sports car

By accident attorney Michael Ehline – So we now have attention deficit disorder and distracted driving. But wait, there is a new crisis for a government agency to use to justify its existence. It is called “Distracted Walking.”

The Department of Transportation has become concerned with the rise in pedestrian deaths in recent years. As always, the government’s answer is always more fees, taxes, fines, and regulations (some would say “over-regulation”).

This intrusion is always accompanied, of course by a need for more tax-payer funded public employees, a govt employee union, and bloated benefits and pensions. And of course, these are typically much greater and better than a typical worker in the USA.

So do the apparent benefits of more regulations reduce societal problems? Or does the bloat and overreach come to the point of diminishing returns? Does common sense, and just being a decent human being play more or less of a role in avoiding pedestrian deaths than it was? If so, why, or why not?


What the DOT is Saying About Distracted Walking

Department of Transportation Secretary Anthony Foxx has termed the rise in pedestrian deaths as “distracted walking,” since this more significant number of pedestrians being injured and killed while texting or listening to music. Foxx also said that drugs might also have contributed to this increase in pedestrian deaths. So if you are bee-bopping down street stoned on a joint of marijuana or playing with your cell phone, you could get hurt! Figure?

It looks like we need a new law right away to hurt the law-abiding and restrict their freedoms to justify what we did as elected officials and government agencies right? Here it comes.

The data for pedestrians that were killed and injured by the Department of Transportation showed a rise from 4,109 in 2009 to 4,432 in 2011. The evidence further indicates that there were 69,000 pedestrians were injured. Oh, my god!


LA and Chicago Strike Again With the Highest Pedestrian Death Rates

Interesting that dense and overcrowded cities have more people getting hurt on foot. I propose we make big cities illegal. In any event, this data shows Los Angeles, Chicago, and New York have the highest percentages of pedestrian-vehicle collision deaths. (See also, the pedestrian accident attorney blog here.)

The rate of pedestrian deaths due to motor vehicles in Los Angeles is 42%. It is 30% in Chicago and 51% in New York. According to a report by the U.S. Product Safety Commission, over 1,500 pedestrians were treated in emergency rooms during 2011. All of these were injured while walking. Or perhaps they were walking and using electronic devices such as a cell phone.


First Step More Enforcement and a Safety Campaign – Enter the Federal Grants.

So rather than looking at population increases, DOT wants to increase “enforcement” and so-called “education” (“Here is your ticket, now pay up and don’t be distracted sir again”). The answer Foxx said is education and more enforcement, as there would be in a pedestrian safety campaign.

There are as many as twenty-two cities that are battling the increase in pedestrian harm and fatalities. These cities have until August 30th to apply for federal grants that have 2 million dollars allocated to deal with distracted walking.

Remember, grants can be like the Hotel California. Pure and straightforward, this is a way for the feds to get control over your state. So follow the money. According to Foxx, who plans a pedestrian advocacy summit in the fall that will include the national nonprofit America Walks. This summit is a coalition of groups who advocate improving conditions for pedestrians.

National Highway Traffic Safety Administration, Administrator David Strickland said that everyone should play a role in pedestrian safety. And he stressed that driver’s need to adhere to driving laws.


The Safety Data.

Figures by the Department of Transportation data shows several details, including 3 out of 4 pedestrians die in urban areas. I fact, at least 2 out of three of these fatalities occurring at locations other than intersections. The highest rate of pedestrian deaths at approximately 70% happens between 8:00 p.m. and 12:00 a.m. is proven in the compiled data.


What are The Flaws in the Study?

All I can say is no duh. More people get hurt in crowded cities who are on foot. And many of our clients are hit by government buses. So perhaps the government should consider that it is distracted government employees, and maybe not pedestrians.

The study also fails to distinguish that in California, the pedestrian has the right of way in most cases. But in New York, the car operator has the right of way unless the person on foot is disabled or blind.

So it would be interesting to see how many of these cases are just govt employees running people down. Then all they must do is blame a cell phone or headphones of the person walking down the street, etc.


Safety Yes, DOT Regs, and More Enforcement No.

At common law, all persons are required to act reasonably. This code is a social code of conduct that is supreme even above a criminal law. It is the basic rule for life. And if a person violates this code, he or she can be sued for negligence, or be hurt or run over by a car, for example.

So education and safety are essential. But it is the job of the individual to take responsibility for their actions, get off welfare and government mind control, and be a sovereign unto themselves and their neighbor, always acting with benevolence and graciousness.

So yes, right now, I am doing my part, and it did not take a new government employee, or traffic cop to raid your bank account. You just learned from me.

Hey, be careful out there and stop screwing around. In any event, there is zero evidence that big government, govt safety campaigns or anything like that reduces anything. Like the war on drugs, this is a problem that educated individuals, not their government minder, can figure out themselves, once they are left alone to use their brains. Semper Fi.
Other Sources of Information:

  1. LA Times Propaganda on Pedestrian Safety
  2. Official US Govt Propaganda on Distracted Walking
  3. More USDOT Distracted Walking PR
  4. LA. Pedestrian Lawyer Site: https://www.elfpi.com/pedestrian-lawyers/

Video About Pedestrian Accidents:

Kids and Damage to the Brain – What Parents Must Know

Brain on fire
Brain disease and burn out icon as a medical neurology and health care symbol with a picture of a human head getting burnt with fire flames as a concept of Alzheimers and dementia illness.

Traumatic brain injury can have long-term effects on the lives of children. These effects can impact a child’s life in many different ways. Physical disorders, memory, and intellectual effects can all result in traumatic brain injuries. So just recently some researchers from Australia conducted a thorough study on the subject.

Because of and thanks to this painstaking effort, they have graciously presented their findings. In a nutshell, traumatic brain injuries can have many residual effects on children.

There are many causes of these injuries. These can include:

  • bouncy houses,
  • sports, slips,
  • falls, abuse and more.

Usually, the changes are permanent. So they are not healthy for the long-term outcome of the child. These effects are almost always long living. Hence, even with proper medical care, they need to be cured for an extended period for a child to recover fully. So let’s see how The Individuals with Disabilities Education Act defines traumatic brain injuries.

Traumatic Brain Injury Defined.

Brain injuries by a customary child during birth aren’t considered traumatic brain injuries. Hence, similarly, degenerative brain injuries are not classified as traumatic brain injuries either. Thus, for a brain injury to get called a TBI, it must be from an external force (Learn more here.)

Most of all, the effects of the external force have to result in some impairment. So the disability must relate to some of the psychosocial aspects of the child. Also, it must be associated with his/her functional impairment.

A Partial Disability Still Requires Money for Extra Care Like a Total Disability.

Any injury to the brain is dangerous. Either way, the disability can be partial or full. In other words, you aren’t always a vegetable but could be later. Sadly, any head injury can bring lifelong consequences to you and your family. You could improve. But more likely, a person will remain at their level of disability. Thus, you may need future living assistance. And you may need a lot of help down the road from caregivers, or just a little.

Also, these injuries can be open headed and closed headed, or both. The effects of these injuries can be life to change for the child. Thus, a child can have his psychosocial behavior, information processing, and speech affected.

In addition to these effects, the child can also experience difficulties and disabilities in:

  • thinking,
  • memorizing things,
  • concentrating on things,
  • solving problems,
  • cognition,
  • sane reasoning,
  • judgment and much more.

In short, the traumatic brain injury will have a direct effect on the education of the child. Furthermore, it changes how he performs the necessary tasks in his life. Thus, maintaining a healthy social life would become a challenge for the child too.

What Experts Say About Traumatic Brain Injury In Children

How severely a child is affected by a traumatic brain injury depends on the severity of the injury. Because of this, its location on the head means a lot when diagnosing. Hence, when brain injuries affect the physical functions of children, they may alter the senses.

Because of this, it can make the child lose the average strength of his/her feeling of animate being such as:

  • tasting,
  • hearing,
  • smelling,
  • seeing,
  • speaking.

The damage can be partial where the senses are only affected partially. Furthermore, it can be permanent and full. Thus, it can make a child lose his sight, speech or hearing power completely. Also, there are some severe effects of TBI on memory and intellectual ability of the child.

Attendant Long and Short Term Memory Loss Issues

Hence, a child with traumatic brain injury and the presence of its residual effects might not be able to focus and concentrate on things properly. Furthermore, victims might lose track of what they were doing very soon.

Scientists call this “short-term memory loss.” Moreover, long-term memory loss is a possibility. Forgetfulness often makes people; especially older males feel helpless and vulnerable.

Because of this, some victims may lash out unexpectedly. So all types of behavioral issues could arise. Thus, mood swings are also among common symptoms. Because of this, the child will suddenly shift from a happy mood to a bad feeling. So depression and anxiety are other important impacts of brain injury.

Brain Injuries Need Rapid Medical Care.

Experts opine that it is in the best interests of the child that parents seek immediate medical help. So this means right after a brain injury event has taken place. Vicki Anderson is a researcher of child ailments, from Autism, ADHD, and others. Also, she is the top author of a study conducted on children.

She says children can recover from a traumatic brain injury frequently and naturally. But his recovery was observed. Ultimately it was tested to be slower than children who go to rehabilitation. Also, children who take up rehab continue to recover for many years.

Mandeep Tamber works at University School of Medicine and Children’s Hospital of Pittsburgh. Also, he is an assistant professor in the department of pediatric neurosurgery. He has advised parents of children with residual effects of traumatic brain injuries.

So he has told parents to seek medical help and rehabilitation for their children as soon as possible. Furthermore, this so their kids can be in a position to face their problems. Last, it helps quickly find ways to live a normal life. Most of all, this is crucial for those suffering after-effects of traumatic brain injuries.

Real Examples Of Real Children.

There are thousands and millions of kids in the world living with the challenges of TBI effects. One of those children is the 7-year old Susan. While riding her bicycle, she had an accident with a car resulting in head injuries and a broken arm. Susan did not show any signs that would worry the parents.

Certainly, they had no idea about traumatic brain injury. Particularly relevant here, her normal behavior was only a mask. Hence, it was covering up the real ongoing condition inside her brain. She is now having troubles in reading simple things.

She would forget things very soon. Also, things that are easy and straightforward are difficult for her. So she would take a long time in performing those little things. Sam is the other child who is only 13 years of age who hit his head on the hard road when he lost control of his motocross bike. This accident sent Sam to rehabilitation for two years.

So Sam joined school three months after the accident, but the effects of his injuries remained with him. Hence, he still has troubles with his memory and can forget things very shortly. However, the two years of rehabilitation have proven to be great in his life. Also, he has recovered a great deal from his noticeable effects of the accident.

What Parents Need To Know.

You might not be able to see the signs of traumatic brain injury and its residual effects yourself. Even a pure sport like soccer and low head impacts are enough to cause brain trauma to our little ones. There has also been a stunning increase in closed head injuries to kids that play sports lately.

It is then highly recommended that you get your child tested. IDEA (the Individuals with Disabilities Education Act) gives a real relief. So it’s probably a very good idea for the parents to enact a free evaluation of the child. This should get done as soon as the young one shows any signs of disabilities.

After evaluation, it gets decided whether to continue with regular education or special education. Typically, this will be an institution for special children. Also, IDEA provides services that can be acquired by parents to help their children. So when it comes to infants and toddlers IDEA has a program that would cure the child.

Importance of Brain Injury Intervention By Age Three.

Most of all, this is through intervention when they are below the age of 3. Because of this, a disabled child goes to a particular school or pre-school. Furthermore, the law allows many other services above and beyond special education for the child. And this could include subsidies money for things like eating and speech disorders.

Also, it is in the hands of the parents and teachers to bring the child back to normal life. IEP stands for Individualized Education Plan. Most of all, it should be planned soundly. Also, it must get implemented by special teachers and parents.

Because of this, you can make sure the child gets educated according to his/her abilities. Also, the program should be flexible to allow any changes. Thus, these might be required in the future. So as the child progresses and his/her needs are discovered, things must adapt.

The Help Of An Attorney.

While talking about this particular matter, you could completely forget about legal action. So if your child’s life was altered because of an accident, you must take immediate action. Parents must act swiftly as guardians ad litem to bring the offender to justice.

Most of all, this is done by getting in touch with a lawyer that deals with personal injury cases. One reputable injury law firm for Los Angeles citizens is Ehline Law Firm. Last, this is where some of the best and most seasoned top lawyers dwell. So we have team members in the region busy right now. Particularly relevant here, we are providing help to several victims of injury cases daily.

Ehline Law Firm deals with all types of personal injury cases including:

  • pedestrian accidents,
  • bicycle accidents,
  • motorcycle accidents,
  • car accidents,
  • bus accidents,
  • train accidents,
  • plane accidents,
  • wrongful death,
  • medical malpractice,
  • slip and fall cases,
  • dog bite cases,
  • defective product cases etc.

They also help with admiralty and maritime claims. Also, the founder, Michael Ehline, is internationally known as the “Motorcycle Rider’s Friend.”

Reach Out to a Seasoned Brain Injury Legal Specialist.

Call us if you, someone in your family or relatives or anyone you have any acquaintance is a victim. Those suffering due to negligent behavior on the road deserve help. So get in touch with Ehline Law Firm to obtain full compensation for your damages.

Let’s work
together

Ehline Law Firm
Personal Injury Attorneys, APLC

633 W 5th St #2890
Los Angeles, CA 90071

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