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Michael A. Schafer Blog

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Blog Category:

Auto Accidents

    11/11/2008
    Mike Schafer
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    A New Trend in Car Accident Services

    In July of this year the small town of Radcliff, Kentucky put into effect a new ordinance that requires payment for services after an auto accident.  These services include police and fire services.  Radcliff has modeled their ordinance after a similar one in effect in Erlanger, Kentucky.

    Basically, the ordinance states that if you are the cause of an accident and don’t live in that city you will be charged for police and fire services.  The thought process behind the ordinance is that the tax payers of the particular city should not have to pay for accidents caused by people from out of town. 

    After an accident in one of these cities a bill for the services are sent to a recovery service that will then bill the driver’s insurance.  Some insurance companies will pay the fee but most won’t. They will then forward the bill to the driver.  Many worry that insurance costs will rise due to the taxes that are surfacing in many towns across the country.  According to an article in USA Today during the past few years cities in at least 15 states have passed ordinances requiring at-fault drivers to pay up.

    Other concerns relate to the thought process that a driver may have after an accident, should they call the police and what will the charges be if the police respond.  Lack of an accident report because of no police response can affect the speed that an accident victim receives payment for their property damage and rental car from the at-fault insurance company. The insurance adjuster will have to speak with their driver to determine fault. If there is an accident report prepared by the police a determination can be made without a statement from the at-fault driver if the cause of the accident is obvious from the report.

    I have concerns with this type of procedure. Should I be taxed or charged for the police and fire department doing their job?  Will this have an affect on public safety if response is based on payment? How long will it be before all at-fault drivers are charged regardless of their county of residence. What type of affect can this have on an individuals credit when they might be billed hundreds of dollars they had no idea they were incurring? I believe this is a dangerous precedent. I would like to see the statistics from the collections and the affect on the drivers as well as the cities that are imposing the fee.

    For more information on Louisville, Kentucky  personal injury attorney Mike Schafer go to www.mikeschaferlaw.com.

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11/5/2008
Mike Schafer
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Pedestrian Fatality November 3rd

Monday evening, November 3rd at about 7 p.m. a man was hit by a car in the 3800 block of Breckinridge Lane.  The victimhas been identified as 41-year-old Travis Caudell, Jr.  Mr. Caudell, dressed in dark clothes was crossing the street when a car driving south struck him.  He was transported to University Hospital where he died not long after arriving.  The cause has not been released.

The Louisville Metro Police traffic unit is currently investigating and say that more than likely there will be no charges placed against the driver.

Fall is the time of year when pedestrian fatalities are highest.  It is dark during rush hour traffic and drivers can be distracted.  It is vital for both motorists and pedestrians to pay very close attention to their surroundings.  This could prevent accidents that could injure or kill people.  For more information on Louisville, Kentucky personal injury attorney Mike Schafer go to www.mikeschaferlaw.com.

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11/4/2008
Mike Schafer
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Automobile Industry Attempts to Protect Pedestrian From Injury and Fatality

In a news article I added to my website last week, “New Auto Designs May Help Reduce Pedestrian Injuries and Fatalities”, I outlined some information offered by a report by the National Transportation Safety Administration on automobile and pedestrian crashes.  Also in this article I addressed some information on changes the automobile industry is making to their designs which should lessen the severity of injuries and fatalities to pedestrians.

Some of the changes include that instead of having hood ornaments the car emblem is imbedded in the grill or if there is a hood ornament it is designed to collapse on impact.  Exterior mirrors are now mounted on springs and door handles are recessed.  Hood designs are being changed as well.  They are now designed to collapse on impact from above.  One issue that is causing some design problems is the front bumper.  Giving more crush room may interfere with the sensor which activates the interior airbags. 

Paying attention and being aware of your surroundings is one way as a motorist or pedestrian to avoid crashes. Technological advances are important to pedestrian , as well as bicycle, safety in these accidents. However, these advances will only decrease the severity of injuries sustained in these accidents. Prevention is still the best way to avoid serious injuries. For more information on Louisville, Kentucky personal injury attorney Mike Schafer go to www.mikeschaferlaw.com.

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11/4/2008
Mike Schafer
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Pedestrian Fatalities and Injuries

Last week I put an article on my website entitled “New Auto Designs May Help Reduce Pedestrian Injuries and Fatalities”.  In this article I outlined some information released in a report by National Highway Transportation Safety Administration.  In this report there is some good news in  trends as related to pedestrian fatality and pedestrian injuries involving motor vehicles.  Since 1997 number of pedestrian fatalities has declined.  Included in this report are several interesting findings.

•    More than 60% of pedestrian fatalities occurred in urban areas where the number of pedestrian traffic is higher. 
•    January 1st and October 31st are the two days of the year with the highest incidences of pedestrian fatalities.
•    Males are more likely to be killed in a crash than females.
•    People in the older age group (over 64 years old) are more likely to be killed than any other age group.
•    Pedestrians are more likely to be killed in dark conditions than in light conditions.
•    Fall is the deadliest season for pedestrians.
•    Between the hours of 6 p.m. and 9 p.m. the number of pedestrian fatality is higher than any other time period.
•    The majority of drivers in pedestrian fatal accidents were males between the ages of 21 and 25 who were not speeding or drinking.

Since it is getting darker earlier pedestrians will be less visible so as a motorist it is important to be diligent in being aware of your surroundings.  As a pedestrian be aware that cars may not see you and check twice before crossing the road and several times as you cross the road.  Being struck by a car can lead to injuries that can effect you for the rest of your life.   Losing a loved one to a pedestrian fatality can haunt you as well.  Be safe as a motorist and a pedestrian.  For more information on Louisville, Kentucky personal injury attorney Mike Schafer go to www.mikeschaferlaw.com.

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10/30/2008
Mike Schafer
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Deadly Truck Crash Causes State to Make Road Changes

On May 1 in Falmouth,  Kentucky 16-year-old Daniel Wood was killed when a dump truck crossed the center line striking his school bus.  Daniel Wood was killed instantly and ten other students were injured.  Among those ten students were Daniel’s younger brother an sister. 

No charges were filed against the driver and the investigation has shown the driver was traveling within the 55 mph limit.  This particular stretch of road has steep hills as well as sharp curves.  It has also been the site of approximately 100 accidents since January of 2005.

The family of the victim gathered almost 2,000 names on a petition for safety improvements.  They also commissioned a study of the road which revealed serious safety issues with the road.  The efforts of the Wood family has prompted the Kentucky Transportation Cabinet to conduct an audit of the road which found blind spots, visibility issues and sharp turns.

Since then the speed limit has been changed to 45 miles per hour along the 14 mile stretch of the road.  The shoulders of the road have been built up and trees have been trimmed.   There are about 15 new speed limit signs that may go up soon in hopes of reducing accidents in the future.

When driving on roads that are steep with many turns and bad visibility it is a good idea to lower your speed to give yourself more control of your vehicle.  Car accidents can be painful both emotionally and physically.  For more information on Louisville, Kentucky personal injury attorney Mike Schafer go to www.mikeschaferlaw.com.

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10/24/2008
Mike Schafer
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Avoiding the Halloween Car Accident

As we look back on our trick-or-treating days I can remember the excitement.  It was a magical night that is looked to as one of the most anticipated nights of the year.  Children get to dress up and get candy.  So many aspects have children looking forward to this day more than any other.  What kind of costume to wear, which houses have the best candy and how to convince parents to let them stay out later. 

Halloween is also the night when the number pedestrian fatalities quadruple.  Kids dressed in dark costumes with masks that may cover their eyes coupled with the excitement of the night may lead to disaster.  The USDOT shows that:
 
* Fatal collisions between motor vehicles and young pedestrians (under 15 years of age) happen most frequently between 4 p.m. and 8 p.m. — prime trick-or-treating time.
* 84% of deaths among young pedestrians occurred at non-intersection locations (indicating children are most likely to dart and dash from mid-block into the street).

Halloween is also dangerous because of the number of parties that take place.  Of all the highway fatalities that take place on Halloween two-thirds of them are alcohol related.  The Kentucky Office of Highway Safety has issued tips for safe driving on this dangerous night:

* Don't use a cell phone while driving through neighborhoods. A single distraction could lead to a tragedy.
* Stay well below the posted speed limit.
* Pay attention to what's happening on sidewalks and roadways. Watch for children darting across streets, especially between parked cars.
* Be extra alert when pulling in and out of driveways.
* Do not assume children can see you or are paying attention. You need to take that responsibility.
* Drivers should also check that all lights on their car work.
* Do not pass other vehicles that have stopped in the roadway. They could be dropping off children.
* If you're driving a group of children, but staying in the running vehicle at the curb, be sure to put on your hazard lights to alert other motorists.
* And if you're driving to a Halloween party, put that mask on after you park the car.

Also a few tips for parents to help drivers on Halloween night:

* Make sure drivers can see the children. Give them flashlights and glow sticks. Dress kids in bright, reflective clothing or use reflective tape on their costumes.
* Use makeup, rather than masks, so children have a clear, unobstructed view of their surroundings.
* Be sure children know how to cross a street -- look left, right and left again before crossing.
* Instruct children to stay on sidewalks and to cross only at corners or crosswalks.
* Accompany your children as they trick or treat.

Watch out for ghosts, goblins and skeletons on Halloween.  Safety is paramount any night but especially on All Hallows Eve.  Have a safe Halloween. For more information on Louisville, Kentucky personal injury attorney Mike Schafer go to www.mikeschaferlaw.com.

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10/22/2008
Mike Schafer
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MRI Use After A Car Accident

I just added a news article  on my website on MRIs.  In this article I have attempted to explain how they work and what the difference is between an MRI. and a CT scan.  MRIs use powerful magnets and radio waves to take internal pictures of the body while CT scans use radiation. 

MRIs have generally been accepted as very effective ways to get accurate information on internal issues.  Bulging and herniated disks are common injuries from car accidents.  Many of these issues could have been caused by a car or truck accident and an MRI  is ordered to get a better picture of potential injuries.  Occasionally there will be a problem there that the MRI did not pick up.

As with any injury or illness listen to what your body is telling you.  If an MRI shows that there is no damage and you are still suffering symptoms get another opinion or a second test.  For more information on Louisville, Kentucky personal injury attorney Mike Schafer go to www.mikeschaferlaw.com.

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10/22/2008
Mike Schafer
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Deer Season Can Cause More Automobile Accidents

The months of October through December can be even more hazardous on the road due to deer season.  In Kentucky 2007 almost 2,800 traffic accidents involved deer.  Of those near 2,800 crashes 76 resulted in injuries and three were fatal. Nationally each year these accidents kill around 150 people, injure thousands and cause over a billion dollars in vehicle damage.

During this time deer are on the move for several reasons.  It is mating season, hunting season and there are more hikers in the woods.  The Kentucky State Police have offered several tips for motorists to avoid hitting deer:

    * Be extra cautious in the early morning and evening hours. Deer are most active during these low-light periods when humans see worst and reaction time is slow.
    * Stay alert when driving through a known deer-crossing zone. If you see one deer, look for more. They often travel in herds.
    * Drive at a moderate speed, especially on roads bordering woodlands, parklands, golf courses and streams. However, remember that many deer crashes occur on busy highways near cities.
    * Use high beam headlights if there is no oncoming traffic. High beams will reflect in the eyes of deer on or near the roadway, providing increased driver reaction time.
    * Upon seeing a deer, immediately slow down. Do not swerve---this could confuse the deer about where to run. It could also cause you to lose control of your vehicle. It is generally safer to hit the deer than leave your lane, risking injury to passengers and other motorists.
    * Deer are often unpredictable, especially when faced with blinding headlights, loud horns and fast-moving vehicles. Don't expect them to stay where they are. They can dart in front of you at the last moment, stop in the middle of the road, cross quickly and return to the road or even move toward an approaching vehicle.
    * Deer whistles on cars provide little help and blowing the car horn doesn't always solve the problem. Blowing the horn may cause them to move, but not necessarily in the direction you want.
    * Always wear your safety belt. Historically, most people injured or killed in deer/auto collisions were not properly restrained.

As always being alert and attentive when you are driving can reduce your chances of getting into a crash on the road.  If you do hit a deer and are injured your medical bills are covered under your Personal Injury Protection or No-Fault Benefits.  For more information on Louisville, Kentucky personal injury attorney Mike Schafer go to www.mikeschaferlaw.com.



                                   

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10/7/2008
Mike Schafer
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Linking Text Messaging to Automobile Accidents

It wasn't too long ago that ext messaging was a activity used only by teens.  Anymore you will see people of all ages utilizing the messaging system known as "texting".  It is a simple and effective way to get a message to someone.  The problem with it's rising popularity is that people are text messaging while driving.  This takes your attention away from your driving and your awareness of the traffic around you.  An attorney, James Parrish, out of northern Virginia had written an interesting blog on the subject of linking text messaging to automobile accidents.  If you are in a position where you are driving but need to do something else that will take your attention away from driving please pull off the road.

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10/6/2008
Mike Schafer
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Louisville Bicyclist Dies After Being Struck

Jennifer Ellen Futrell died on Saturday afternoon at University Hospital.   Ms. Futrell was riding her bicycle southbound on Bardstown Road Tuesday afternoon when she was struck by a passing car.  She was sent to the hospital with serious injuries and died several days later.  Her death was delayed because it was her wish to have her organs donated.  Doctors told her family that about 100 body parts could be used to help others.  Ms. Futrell was 29 years old.

Thursday evening another cyclist was struck by a car not far from where this accident occurred.  The cyclist was struck on in the eastbound lane of Broadway near Baxter Avenue when the driver of a 1992 Buick Riveria struck her from behind.  She was sent to the hospital with non-life threatening injuries.  The driver, Robert Kahafer,  fled the scene and was later arrested.  He has been charged with leaving the scene of an accident, possession of a controlled substance, possession of marijuana, having an open container in the vehicle, lacking insurance and failing to notify the transportation department of an address change. 

With the cost of gas going up there will be more cyclist, motorcyclists and scooters on the road.  Anytime you take to the road whether it be in an automobile or bicycle awareness is one of the best preventions.

For more information on Louisville, Kentucky attorney Mike Schafer go to www.mikeschaferlaw.com.

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10/2/2008
Mike Schafer
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Drivers in Virginia Urged to Slow Down

I recently came across this blog from Virginia based  personal injury attorney Ben Glass and thought its message a very good to remember year round.  In his blog he reminds all drivers school is now back in session and that there is  much more traffic on the road.  More caution is needed to prevent  automobile accidents.

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10/1/2008
Mike Schafer
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Bicyclist Hit on Bardstown Road Suffers Life Threatening Injuries

On Tuesday afternoon around 3:30 a woman riding a bike down Bardstown Road near the Grinstead Drive intersection was struck by a passing van and was transported to the hospital.  Both the van and the bicyclist were in the right hand lane traveling south.  The identities of both the driver and the injured woman have not been released.  It has not been reported as to whether the woman was wearing a helmet at the time of the accident.  The investigation is still on-going which will include, among other thing, toxicology tests.  No charges have been filed against the driver of the van.

Many people don’t realize that there are several rules for both bicyclists and motorists that are intended to insure the safety of the many cyclist on Kentucky roads. One of the rules for cyclists is they must use the bicycle lane if there is one available. The Kentucky Driver's Manual suggests that a  motorist when passing a cyclist should only pass when there is at least three feet between their vehicle and the cyclist.  It should also be noted that bicyclists are not allowed to ride on the sidewalks.

As a bicyclists myself I have had many instances where vehicles have come very close to hitting me.  I urge all drivers to be careful and aware of bicycles on the road. Both the cyclist and driver of a motor vehicle must obey the same rules of the road. By doing this and being aware of the presence of others on the roadways many of these accidents can be prevented. In these types of accidents it is always the cyclist who suffers the most.

For more information on Louisville, Kentucky attorney Mike Schafer go to www.mikeschaferlaw.com.

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9/26/2008
Mike Schafer
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Ways to Avoid Fatigued Driving

Driving while fatigued, just like driving under the influence of alcohol or drugs, can be hazardous and can lead to an auto accident.  When a person is sleepy their reaction time is slower, their awareness is less acute, judgement is impaired and in some cases the driver experiences increased aggression.  All of these factors indicate a dangerous driver.  The National Highway Traffic Safety Administration has reported that fatigue is the cause of almost 100,000 accidents every year.  Of those 1,500 people are killed in these accidents and 71,000 are injured.  There are ways to prevent falling asleep while driving.

•    Stop driving if you feel sleepy.  Drink a caffeinated beverage but wait 30 minutes or so before taking the wheel again.  That’s how long it takes for the caffeine to enter the bloodstream..  You may use that 30 minutes to take a short nap.
•    Get lots of sleep the night before taking a long trip.  The more the better.
•    Don’t plan on working all day then driving all night
•    Drive at times when you are normally awake.
•    Avoid driving at “sleepy times” of the day.  Take a middy break for a short nap and find a place to sleep between midnight and dawn.
•    Avoid foods that are high in carbohydrates, they can make a person sleepy.  Opt for foods with high protein levels.
•    Avoid medications that make you sleepy such as cold and flu medications.
•    When driving long trips keep an awake passenger in the front seat with you.  A loud radio is no substitute for actual conversation.
•    Take a break every tow hours or so even if you feel you don’t need it.  Get out of the car and take deep breaths and maybe some stretching exercises.
•    Try to set a limit of 300 to 400 miles a day.

No matter how a person is impaired an impaired driver can make mistakes that can cause severe injury or death to the driver, passengers and even strangers.  Always be aware of how you feel and be responsible for your actions. Taking precautions to avoid an automobile accident by not being a fatigued driver may save your life.

For more information on Louisville, Kentucky attorney Mike Schafer go to www.mikeschaferlaw.com.

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9/25/2008
Mike Schafer
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Car Accidents and Cell Phone Use

A topic that is becoming more and more prevalent recently is the issue of cell phine usage while driving.  I came across an interesting piece written by Seattle based  injury attorney Chris Davis.  He has noticed a definite increase in the number of accidents where cell phone usage comes into play.

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9/24/2008
Mike Schafer
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Psychological Symptoms in Traumatic Brain Injuries

Traumatic Brain Injuries (TBI) are the result of a
sudden blow to the head or by an outside object entering the brain
tissue.  This is a complex issue that can be caused by many things
including but not limited to car accidents, falls, violent attacks and
explosive blasts.  Depending on the severity of the injury and the part
of the brain affected one of the many results can be cognitive
disabilities.
 
Cognitive disabilities  can show up as

Thinking issues
Reasoning
Problem solving
Information processing
Memory
Speed of mental processing
Judgement
Attention
Multitasking

A person who has suffered from a TBI may also exhibit personality
disorders.  These problems generally are one of the most difficult for
families to cope with after a TBI.  Brain injuries can interfere with
impulse control which will usually cause inappropriate behavior.  A
person may also be more irritable, anxious, or even depressed.  All of
these issues can impede the success of recovery and rehabilitation.
Injuries to the brain can cause memory problems, a person may not be
able to remember events immediately prior to the injury as well as the
ability to access new learned information.  The ability to learn new
tasks may be hampered as well.  Some of these problems may alleviate
over time but some may be permanent. 
 
If any of the above symptoms relate to you or someone you know please
seek medical attention.  Therapy, physical or psychological, may be used
to help regain lost skills or to develop compensation skills for those
that have been lost permanently.
 
If this injury is the result of an auto or truck accident it is
important to make sure that the treating doctor documents all the
symptoms and problems the injury is causing. Documentation is critical
in presenting a damage case to the insurance adjuster will help when
seeking damages from the at-fault party. Without sufficient
documentation of the injury you will not be compensated for it no matter
how devastating the injury has been. If theses symptoms are present make
sure you are evaluated by your doctor to get the proper medical care and
to document your damage case.
 
For more information on Louisville, Kentucky attorney Mike Schafer go to www.mikeschaferlaw.com.

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9/18/2008
Mike Schafer
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Different Types of Back Surgery

When you are involved in a car accident, a truck accident or a motorcycle accident there is a good chance that you will injure your back. The severity of this injury can vary. Some times rest will alleviate the pain. Other times a few months of chiropractic care will eliminate your pain. Unfortunately, there are times when surgery is the only option. As with any surgery that is recommended by your doctor it is always a good idea to get a second opinion.  This is particularly true when someone is faced with back issues.  They are often complex and can affect other parts of your body.  It can take a team of medical professionals to diagnose and treat various back traumas.
 
There are several different forms of back surgery that are available, you should be aware of the different options so you can be informed when discussing this very important issue with your doctor. Some of the different procedures are: 
 

  • Diskectomy    In this surgery a portion of a disk, the herniated portion, is removed to allow relief of pressure on a nerve.  It is done as an open surgery where the surgeon cuts skin and tissue to allow direct access to the involved organ.  This surgery will usually involve removing part or the entire back portion of a vertebra to access the ruptured disk.
  • Laminectomy   In a laminectomy the lamina which is the part of the back of the bony arch of each vertebra is removed.  This surgery will enlarge the spinal canal to relieve pressure caused by spinal stenosis.
  • Fusion  This is when two or more bones in your spine are permanently connected.  The fusion will add stability to a spinal fracture or when there is a lot of movement between vertebra which will reduce pain.  This surgery is also used to help with pain when the disk has been injured or has degenerated.
  • Intradiscal Electrothermal Therapy This is also referred to as IDET.  This treatment is where the doctor will insert a needle through a catheter directly into the disk.  At this point the needle is heated to a high temperature for as long as 20 minutes.  The result is the heat will thicken and also seal the disk wall which will reduce the disk bulge and the nerve irritation.
  • Vertebroplasty   This procedure is for fractured or compressed vertebrae to help stabilize fractures and relieve pain.  In this particular procedure the doctor will inject bone cement into the compressed vertebrae.  This procedure is used with another procedure where a balloon type instrument is inserted to expand the compressed vertebrae before the cement is injected.
  • Artificial Disks   This is a new treatment and is still being studied.  Artificial disks are implanted as an alternative to spinal fusion for relief from pain caused by degenerated or injured disks.  It is not clear whether these new devices are a viable surgery option.
     
    • Plasma Disc Decompression This is a new option for people who have suffered  a back injury in a car or truck accident and have not responded to conservative care. Individuals suffering from a bulging or herniated disc may be a good canidate for this procedure. In many cases Plasma Disc Decompression could provide an alternative to a more invasive back surgery, such as a disc fusions It is described as a minimally invasive procedure that allows you to go home on the same day of the procedure.

As you can see there are several options in varying range.  As with so many issues the smartest way to address them is to find out as much as you can about your options.  Do your home work so you can make an informed decision and hopefully achieve  a pain free life.

Mike Schafer is an accident attorney in Louisville, Kentucky. For additional information go to mikeschaferlaw.com

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9/12/2008
Mike Schafer
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Two TARC Accidents This Week Send Pedestrians to Hospital

Monday evening around 6:00 p.m. a man was hit by a TARC bus while crossing the street at 4th Street and Market Street.  Wednesday morning at the same intersection a woman was also struck by a TARC bus.  The conditions of the victims have not been released but both were transported to the hospital with injuries.  Neither of the victim’s identities has been released as investigations are still on going.

The accident that occurred on Monday evening has investigators relying on physical evidence to determine what exactly happened.  Initially, witnesses as well as the driver of the bus, claimed the victim was not paying attention and was not in the crosswalk when the accident happened.  Since then another witness, a passenger on the bus at the time of the accident,  has come forward and said the victim was clearly in the crosswalk when the bus struck him.  Also, one witness said the bus tried to stop before striking the victim while the other witness has said that there was no attempt to stop the bus.

A TARC representative has said that all drivers are trained on pedestrian safety particularly in areas where there is a high concentration of pedestrians.  The intersection of 4th and Market Streets is one of those areas being that it is in front of the convention center.  Before this week there have been three pedestrians hit this year by TARC busses.

 Having represented pedestrians that have been hit by cars and busses in the past I know the severe damage that can be done by this type of accident. I urge you not to assume that a car or a bus is going o stop just because you are in the crosswalk or have the light in your favor. Watch out for your own safety. If you don’t the consequences may affect you for the rest of your life. For more information on Louisville, Ky. lawyer Mike Schafer go to www.mikeschaferlaw.com.
 

 

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9/12/2008
Mike Schafer
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Louisville Metro Police Officer Involved in Crash

An officer from the 4th District of the Louisville Metro Police Department was involved in an accident early this morning.  As a result of the crash he was taken to University Hospital with injuries to his head.  It has not been released how critical his injuries are.  Nor has his identity been released, that information will be released today.  The driver of the other also suffered injuries but were minor and he was not taken for treatment.

The accident happened near Preston and Caldwell Streets, which is in the area known as Smoketown.  The officer was reportedly responding to a call involving an individual who had been robbed.  The officer was traveling westbound on Caldwell Street when the driver of the other car, which was northbound on Preston Street hit the officer.

An investigation is being conducted by the traffic unit of the Louisville Metro Police Department.  It has been indicated that at the time of the accident the police car did not have the lights and siren on. 

There is not a traffic light at this particular intersection so extreme caution needs to be observed.  As an attorney who has handled several automobile accident  cases it has become apparent to me that many could have been prevented with a bit more caution.  For more information on Louisville, Kentucky lawyer Mike Schafer go to www.mikeschaferlaw.com.

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9/10/2008
Mike Schafer
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Does Back Pain Need Surgery?

Almost everyone in their life has suffered some form of backache.  Backaches or injuries to your spine can be caused by aging, improper body mechanics and/or trauma such as an automobile accident or a fall.  These injuries will put pressure on your spinal nerves which will cause pain as well as other symptoms.

There are several treatment options available to address back aches.  Traditional remedies are anti-inflammatory medication(aspirin or ibuprofen), ice or heat therapy, massage, and physical therapy.  When these treatments don’t work a doctor may recommend back surgery.  The drawback to back surgery is that it may not help with all back pain which is why it is seldom offered.

Back surgery is usually offered when there is an indication when a nerve is pinched, when the spinal cord is compressed or there is too much movement between the spinal bones.  If there is pain the radiates down your legs or arms; have tingling or weakness in your arms or legs, or if you suffer loss of control in your bladder or bowel these are all indications of nerve damage. A direct injury to the spine can result in nerve damage by causing a bone fracture along the spine.

By exercising and keeping your back muscles in shape you may be able to prevent recurrent back problems.  Controlling your weight and using good body mechanics is also helpful.  For more information on Louisville, Kentucky lawyer, Mike Schafer go to www.mikeschaferlaw.com.

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9/10/2008
Mike Schafer
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Traumatic Brain Injury

There are a few different names for traumatic brain injury; it can also be called acquired brain injury or just a head injury.  The cause of these injuries to the brain is a sudden trauma which causes damage to the brain.  This can happen when the head is suddenly hit with force, like in an auto accident, or when an object damages the brain tissue by piercing the skull. When in a rear end automobile accident the motion that propels the head can cause the brain to come into contact with the inside of the skull and cause a mild close head injury. 

 

The symptoms of traumatic brain injury can range form mild to severe. A person who is experiencing a mild case of traumatic brain injury may lose conscious for a few seconds or even minutes.  Other symptoms may include headaches, confusion, dizziness, vision problems, fatigue, ringing in the ears, changes in sleep patterns, memory and attention issues.  These same symptoms can also be seen in a person with more moderate and severe brain injuries but may also have nausea, convulsions, not having the ability to wake up, slurred speech, dilated pupils, and numbness in arms or legs.  There are many other symptoms. If you think you may be experiencing any of these symptoms it is very important to get it checked out by a physician.

 

If there is a diagnosis of traumatic brain injury the treatments will vary depending on the severity of the injury.  There may not be a lot that can be done to reverse the brain injury caused by a traumatic event.  What medical personnel will do is try to stabilize the patient to prevent further injury.  They will make sure there is enough oxygen getting to the brain as well as insuring adequate blood flow throughout the body. X-rays will also be administered to check for fractures and spinal issues and for more severe instances a computed tomography (CT) scan will be administered.   Treatment is highly individualized and will be based on the needs of the patient.  These may include physical rehabilitation, therapy for speech, occupational therapy as well as psychiatry and various social supports.

 

If you would like more information on Louisville, Kentucky lawyer Mike Schafer go to www.mikeschaferlaw.com.     

  

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9/8/2008
Mike Schafer
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What is a Bulging Disk?

A bulging disk is a condition that manifests in the spine.  Bulging disks usually occur in the lower part of the back or  the lumbar region. The condition involves a disk that bulges through an opening in the spine.  Occasionally bulging disks can affect the neck as well.  Disks serve as a cushion for the vertebrae of the spine and are composed of a soft gelatinous material.  Usually, but not always,  a bulging disk is the result of aging.  Another cause of a bulging disc is a traumatic occurrence. This can be anything from a fall to an auto accident. The disk can shift out of its normal radius and can cause pain.

Bulging disks differ from herniated disks in that they usually develop over time while a herniated disk is the result of an immediate trauma or injury to the spine.  Commonly there is no pain associated with a bulging disk unless it becomes herniated or ruptures.  Because it doesn’t cause pain it often goes unnoticed and undiagnosed.  It can be diagnosed as a secondary condition and detected only through routine magnetic resonance imaging (MRI) tests. There can be pain from a bulging disc if the bulge comes in contact with the nerve root.

The good news is that the treatment of a bulging disk is generally conservative.  The treatment may involve rest and lifting restrictions.  Ice and heat therapy along with anti-inflammatory medication or cortisone injections are also different forms of treatment.  If pain is involved medication may be prescribed depending on the severity.  Occasionally back surgery may needed to relieve severe pain.

If you feel radiating pain from your neck to your shoulders and down through your arms that may be a sign that a nerve in the neck is pinched.  Similarly, if you feel radiating pain through your legs that may indicate a nerve in your lower back is being pinched.

As a lawyer who has handled many car accident cases it has become apparent to me that any back, neck, or head pain should always be checked out by a physician. 

For more information on me, a lawyer from Louisville, Kentucky go to www.mikeschaferlaw.com.

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9/2/2008
Mike Schafer
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Recognizing Serious Head Injuries From Your Auto Accident

If you have been involved in a car accident you may have suffered a
close head injury. This can occur even in a minor fender bender with
little or no property damage. It is important to be aware of the
symptoms and signs of a close head injury so you can consult your doctor
immediately should these symptoms arise.

The definition of a head injury is any trauma that leads to the injury
of the scalp, skull, or brain. The range of these injuries can run from a minor bump to
serious brain injury.  Head injuries can also be classified as open or
closed.  A closed head injury is when your head has received a
substantial hit from striking an object. There is usually some swelling
or bruising of the brain. This type of injury can occur in just about
any auto accident. An open head injury is when you have been hit with
something that broke through the skull and went onto the brain.  This is
a typical injury in a car accident when a person goes through a
windshield.

Serious head injuries can lead to brain damage that is irreversible or
prolonged.

Some of these injuries can cause
   
•    Changes in Personality
•    Paralysis
•    Seizures
•    Loss of sensation, hearing, vision, taste, or smell
•    Speech and language problems

As with any injury you should always have it checked out by a physician
as soon as possible.  Again, as with other injuries, brain injuries may
take time to manifest.  Even if there is no outward sign of head trauma,
a gash, bruise, or bump the brain may have still been injured within the
skull by banging inside the skull causing internal bleeding or bruising.

Signs suggesting a serious head injury are among others

•    Loss of consciousness or drowsiness
•    Low breathing rate
•    Convulsions
•    Fracture in the skull or face
•    Fluid draining from the nose, ears, or mouth.  Not necessarily
    blood.
•    Severe headache
•    Irritability
•    Slurred speech
•    Pupil changes
•    Blurred vision
•    Headaches
•    Nausea

If any of these symptoms arise get emergency help immediately.

Although most auto accidents do not result in a closed head injury it is
important to be aware of the symptoms so you can get medical help as
soon as possible. For more information on Louisville, Kentucky attorney Mike Schafer go to www.mikeschaferlaw.com.

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8/28/2008
Mike Schafer
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Thomas E. Murphy, Ironman Triathlete, Files Suit Against Many Organizations

 

On Monday, August 25th Thomas E. Murphy filed a lawsuit against Oldham Fiscal Court, the Police Department, and several others claiming they did not provide protection for bikers competing in the 2007 Ford Ironman Triathlon. 

 

Also named in the lawsuit are World Triathlon Corp., USA Triathlon, the Greater Louisville Sports Commission, former Oldham County police Officer Gerald Colston, the Oldham County sheriff’s office, the cities of LaGrange and River Bluff, and Sondrah S. Laden of Prospect.  Ms. Laden is the driver of the van that collided with Murphy during the race.

 

As a result of the collision at the intersection of U.S. 42 and Locust Circle, Mr. Murphy suffered five broken vertebrae and a head injury.  According to Lt. Col. Billy Way of the Oldham County Police Ms. Laden apparently did not see the police directing traffic at this intersection at the time of the accident and saw that the traffic light was green and proceeded through, hitting Murphy.

 

The Ford Ironman Triathlon consists of the athletes swimming 2.4 miles, biking 112 miles and running a marathon (26.2 miles).  Last year was the first year that part of the biking portion traveled through Oldham County on state roads. 

 

During last year’s race I had the opportunity to ride along side of some of the competing athletes.  They are incredible people who have trained both their minds and bodies for this excruciating event.  I felt honored to be riding with them.

 

A final note, last year my wife and daughter were on their way to church and were stopped by the police to allow the bikers passage.  They were stuck in the same spot for two hours; they ended up getting out of the car and cheering the bikers.  If you know you are going to be in the area of the race be proactive and find another route.  If you are unsure of the exact route go to http://ironman.com/events/ironman/louisville/?show=maps for the courses of each leg of the race.  As always, patience when driving can prevent accidents and injury. For more information on Louisville, KY attorney Mike Schafer go to www.mikeschaferlaw.com.

 

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8/20/2008
Mike Schafer
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State Fair Hit and Run Driver Turns Himself In

Over the weekend two people were the victims of a hit and run as they were leaving the Kentucky State Fair. The incident stemmed from an altercation with the occupants of the SUV and the pedestrians. The pedestrians have been identified as Shelly and Steven Riggs. The SUV was attempting to make a turn when the fight started with the Riggs. After the fight the SUV ran over Ms. Riggs and left the scene causing substantial injuries. Ms. Riggs is now in stable condition.

The driver of the SUV turned himself in to the police and has been charged with among other charges, assault and leaving the scene of an accident. The driver has been identified as 28-year-old James C. Moore Jr. and is now in custody.

For more information on Louisville, Ky. attorney Mike Schafer go to www.mikeschaferlaw.com.

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8/18/2008
Mike Schafer
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Man and Woman Both Struck by Car Leaving Kentucky State Fair



Saturday night at about 11:45 39-year-old Shelly Riggs and 31-year-old Steven Riggs were hit by a car as they were leaving the Kentucky State Fair.  Both were on foot and are from Louisville, Kentucky.

The car was reportedly leaving Gate #4 which exits onto Crittenden Drive when the two were struck.  Shelly Riggs’ injuries were classified as serious while Steven Riggs’ injuries were minor.

An investigation is ongoing but it has been reported that there may have been an incident earlier in the evening involving the driver and the Riggs.

Without knowing the exact facts and circumstances surrounding a case you cannot determine the actual insurance coverages. Cases involving pedestrians hit by cars have their own unique set of issues.  One being who will pay the medical bills for treatment of injuries sustained in the accident? This would be covered by the PIP insurance on the car that hit the pedestrian. If that car didn’t have insurance then the pedestrian’s PIP insurance policy would provide coverage. If the pedestrian did not have insurance then the Kentucky Assigned Claims Plan may provide coverage.

Second, is there coverage for pain and suffering? Yes if you can prove fault on the car that struck the pedestrian. If the car is at fault their liability coverage would be responsible for the injuries. If the car had insufficient insurance or no insurance then the pedestrian’s underinsured motorist coverage or uninsured motorist coverage would pay for the injuries. If neither had a policy than you would have to pursue a civil lawsuit and collect from their personal assets if any.

For more information on Kentucky automobile insurance and Louisville, Kentucky attorney go to mikeschaferlaw.com

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