Brampton personal injury lawyers understand the importance of early diagnosis and intervention in the case of Traumatic Brain Injury (TBI) following an accident.

Brain injuries can range from mild to severe. They largely depend on the area of the brain affected and the extent of injury. One of the main concerns with diagnosis and treatment of TBI is that the symptoms don’t always manifest immediately.

Causes of TBI

TBI may be of the open or closed type, where the skull is damaged or not. These injuries may occur due to several reasons, including:

• Direct blow to the head
• Gunshot wounds
• Violent shaking of head and neck
• Severe whiplash
• Sudden movement or momentum change
• Motor-vehicle/bicycle/motor-cycle/pedestrian accidents
• Slip and fall accidents
• Fall from a height
• Assault
• Being ejected from a moving vehicle
• Sports injuries
• Explosives

Additionally, if a person has suffered TBI previously, another severe damage to the head can compound the symptoms, especially if the first injured was not completely healed or resolved.

Statistically, young adults in the age-group of 15-19, older people above 65 and males across all age groups are more likely to sustain TBI.

Here you can read about Bad Habits that Can Hurt Your Brain

Diagnosis

TBI is initially diagnosed by physical examination and clinical interview with the victim following the accident. It is confirmed by CT scans, MRI etc but some cases of mild TBI may not show in imaging. In these cases, keeping the history of the person in mind and syncing it with the behavioral, emotional and cognitive aspects.

A multi-disciplinary team of professionals is involved in the diagnosis, which includes speech/language pathologists, audiologists, physicians, psychiatrists, nurses, physiotherapists, vocational and occupational therapists, social workers, employers, educationists etc.

In the case of children, infants or babies, the parent or care-giver’s report is important. Our experienced Brampton personal injury lawyers can assist victims by ensuring that the right diagnosis is obtained.

Signs and Symptoms

It is important for friends, family-members, co-workers and anyone else who is in regular contact with an accident victim to be vigilant and alert for certain symptoms that could indicate TBI.

Depending on the severity, they include:

• Cognitive deficits
• Mood swings
• Unexplained headaches
• Confusion
• Light-headedness
• Dizzy spells
• Blurred vision
• Ringing in the ears
• Excessive exhaustion
• Drowsiness
• Sleep disturbances
• Bitter taste in the mouth
• Light and sound sensitivity
• Behavioral or personality changes
• Inability to concentrate
• Physical problems like loss of balance, nausea, swallowing difficulty
• Thinking skills deficit: Processing information, problem solving, orientation, executive functioning, goal setting
• Seizures
• Speech disorders
• Social-Emotional problems

The list could go on, based on the type of injury and the area of the brain that is affected.

Treatment

Prolonged hospitalization, surgery and extensive rehabilitation are required. It can be a short or long-term or lifetime requirement.

Speech and physical therapies are essential. Psychiatric evaluation, neuro-psychological assessment and frequent monitoring of the person’s condition are required. Prevention of secondary complications and restoration of available functions is begun.

In the case of long-term/permanent disability, assistive technology and therapies are required, along with medications. Life-long care, vocational and re-educational aspects are also essential. Our car accident lawyers work with the family to analyze the future care of the person.

Brampton personal injury lawyers are proud that Ontario became the first province in Canada to pass a legislation aimed at preventing concussions among young sports-persons and athletes. Known as Rowan’s Law, this important piece of legislation has huge implications for amateur sports leagues across Canada.

How It Happened

17 year-old Rowan Stringer was a talented young rugby player from Ottawa who tragically died on Mother’s Day, 2013, following multiple head concussions over a short period of time while she was playing. Known as second-impact syndrome, she suffered head trauma for the second time in a week, leading to her death.

Second-impact syndrome (SIS) occurs when the brain swells suddenly, swiftly and dangerously soon after a repeat impact that happens before the effects of the first one have healed. It can take place minutes, days or weeks following the earlier one. Sports-persons are specially vulnerable, since they return to the sport too early after the first impact.

SIS results in low distribution of energy and lesser blood flow within the brain. If managed properly and with proper rest, the effects of the first impact need not have serious consequences. However, when the subsequent impact occurs, the brain, being already vulnerable is unable to cope with the additional trauma. This results in fatality. At that time there were no protocols in place that could have prevented Rowan from returning to play after the first trauma unless she had a doctor’s certificate.

Rowan’s Law

A coroner’s inquest into Rowan Stringer’s death resulted in 49 recommendations for prevention of such fatalities. They include:

• Awareness creation for athletes, sports-persons, parents, coaches and teachers about concussion injuries
• Better concussion identifying tools for coaches and trainers
• Concussion policies in place across Ontario school boards and sports bodies
• Increased training and education for health-care professionals to identify and manage concussion

The law passed  in June 2016 following the inquest findings has come to be known as Rowan’s Law. This was the first law that is  specifically aimed at protecting children and youth. It ensures that all sports related associations and educational institutions put rules in place that mandate how concussion should be dealt with.

A variety of laws were put in place for Ontario school boards, rugby and sports clubs as well as ensuring a fee waiver for treatment of possibly concussed students, including during the recovery period.

Rowan’s father Gordon Stringer is among the many people who believe that her death was entirely preventable. “We need to have everything we can in place to prevent this from happening to another child,” he opined, “We don’t want anyone else to have to go through it.”

As of now, aside from Ontario, only Manitoba has proposed such legislation that would force sports bodies and associations to put protocols in place regarding return-to-play.

Apart from fatalities, concussion can also have other effects on the injured person. A study conducted in 2014 revealed that Ontario teens who suffered head trauma are more likely to lead troubled lives, with suicide, criminal behavior, aggression and bullying being some of the features.

Our 24×7 injury lawyers can advise you in such cases, help you with recovery and get possible compensation.

Brampton personal injury lawyers know from experience that cycling accidents usually take a heavy toll on cyclists. On June 12, 2017, a 17-year old girl suffered serious injuries when she lost control of her bicycle and crashed the bike. She was part of a group of teenagers who were riding downhill at Chinguacousy Park in Brampton at night. The youngsters were riding on a trail located at the back of a popular ski hill. The victim was rushed to emergency care trauma center where her condition remains life-threatening.

Regional Police Constable Robert Fischer opined that although cycling is a great sport, he would like to remind everyone that they should ensure that they have the proper safety items with them, including a bicycle helmet, even when they’re off the road.

Cyclists are perhaps the most vulnerable of road users. They are nearly ten times as likely to suffer fatal injuries following an accident as compared to occupants of motor vehicles. In many cases, the victim was a person in the prime of life, in perfect physical and mental health, passionate about the outdoors and sports. Often, they may have just been out for a leisurely ride to relax after a hard day’s work at the office.

What Causes Cycling Accidents?

Hundreds of people in Ontario visit ERs in cycling related accidents and injuries and it is the opinion of health-care professionals that each one of these could have potentially been fatal. They also feel that while these accidents could not have been predicted, they were certainly preventable. As a result of the perceived dangers of cycling, civic authorities fear that people are less likely to cycle and more likely to discourage loved ones from cycling too.

Statistics show an alarming rise in cycling accidents. The reasons are not hard to find.

• Distraction
• Fatigue
• Poor visibility
• No helmet
• Stunt riding
• Alcohol/Drug Impairment
• Carrying heavy loads
• Failure to yield
• Ignored warning signs
• Ignored traffic lights
• Traveling in wrong lane/against traffic
• Emerging from behind parked vehicles
• Unsafe lane changing

Who’s Liable?

Unlike motor-vehicle drivers, cyclists aren’t required to carry insurance. Under Ontario laws, both motorists and cyclists are covered by the Statutory Accident Benefits Scheme (SABS) regardless of fault. A brampton car accident lawyer can help you with the claims process.

Cycling is a billion dollar industry in Canada. More than 65% of Toronto residents own at least one bicycle, as it is an extremely bicycle-friendly city. The Occupier’s Liability Act (OLA) governs municipal liability for accidents occurring on locations other than highways or roadways and the municipality has a duty of care to ensure that the premises remain in a state of reasonable safety.

However, the duty of care is restricted when it comes to recreational trails. If the cyclist had exercised due safety on such trails, or not acted recklessly, the OLA can be invoked only partially, based on the circumstances.

Our 24 hour injury lawyers can assess your case and provide you with a genuine, swift and comprehensive evaluation.

Brampton personal injury lawyers know from experience that collisions between animals and motor-vehicles pose unique road safety challenges. One of the issues that prevents us from gaining a real understanding of the magnitude of the problem is the fact that reliable data is not available in this sector. Transport Canada sources confirm that the available data captures only about 50% of animal/motor-vehicle collisions. A 2003 report entitled Collisions Involving Large Animals and Motor-vehicles in Canada confirms that in 95% of animal-vehicle collisions result in property damage which is often less than $1000, and this could be one of the reasons for under-reporting

Pedestrians and bicyclists are aware of road rules and safety issues but animals obviously are not. They tend to appear suddenly in one’s path and also behave unpredictably on the roads, especially if they are startled or frightened by the sight and sound of a vehicle. As our road networks expand and penetrate into the habitat of wildlife, it’s only to be expected that there could be an increase in man-animal conflicts.

Statistics show that there are 4 to 8 large animal collisions every hour in Canada. Data for 2014 reveals that there were 11, 466 animal vehicle collisions in Ontario according to the Ontario Provincial Police.

Drivers need to remain vigilant not just for wild animals while driving through forest tracts, but also for domestic animals like cows and sheep while passing through agricultural and rural areas, and for pets and smaller creatures while passing through more urban locations. Apart from collisions, many drivers being nature-lovers may tend to stop unexpectedly on the highway to watch, photograph, avoid or tend to animals, leading to unsafe conditions for other road users.

Reduce Your Risks

Drivers need information and awareness about how to react in case they encounter an animal on the road.

Obey The Signs: Watch out for Wildlife Warning signs. They are distinctive, yellow diamond shaped signs that warn drivers that there is a risk of encountering an animal there. Though there may not be any speed reduction warning alongside, it’s only common-sense to drive slower in such sections.

Slow Down: Speed prevents drivers from exercising other options like stopping in time, swerving, honking, flashing lights at the animal, etc. It’s important to keep your speed at reasonable levels in areas which you know to be risk-prone.

Practice Defensive Driving: Pay attention to both sides of the road and expect the unexpected.

Time-related: Dusk and dawn are particularly risky times, when animals are more active. Animals like moose are difficult to spot in low light, because of their dark coats.

Strategic Moves: Gut instinct invariably leads drivers to swerve when they spot an animal suddenly, but this could pose a bigger risk. You may also hit other vehicles. For smaller animals like deer, braking is a better option, while swerving is certainly the best way to avoid hitting a large animal like a moose. For very small animals, it may be unfortunate, but it’s wiser to make a choice of hitting it if there are other vehicles on the road.

Stay Focused: If you have hit an animal, call the RCMP or park wardens in National Parks. Never try to attend to wounded animals as they can be dangerous.

Contact the nearest personal injury lawyer in Brampton if you or a dear one has been in an animal-related collision. You may be entitled to compensation.

A 40 year old male pedestrian suffered suffered serious head injuries after being struck by a delivery truck at the Dundas St and Beverley St intersection on May 3, 2017. Paramedics who rushed to the scene were responding to a 7:15 am emergency call and the injured victim was rushed to the ER. Toronto police have issued an advisory that the intersection will be closed for reconstruction of the accident and investigation into the accident will continue. The truck’s dash-cam footage will also be examined as part of the investigation.

Such incidents bring into sharp focus the fact that pedestrian accidents are on the increase. In Toronto, they have spiked by nearly 15% over the last year, and Toronto police opine that nearly 50-60% of all motor-vehicle fatalities involve pedestrians.

This was one of the reasons that the Making Ontario’s Roads Safer Act was passed swiftly in 2016.

What Causes Pedestrian Accidents?

Accidents involving pedestrians are quite common. It’s a sad but true fact that many pedestrian accidents never get reported, especially when the pedestrian suffers minor injuries. Most pedestrian accidents are caused by driver error, fault or negligence.

Among the main causes of pedestrian accidents are:

• Driver distraction due to electronic devices
• Drug/alcohol impaired driving
• Driver unfamiliar with road
• Aggressive driving/Road rage
• Arterial roads/Highways/Busy Urban Centers
• Failure to yield
• Disobeying traffic signals
• Speeding
• Improper lane use by bicyclists
• Unmarked crosswalks
• Unsafe turns at intersections
• No warning while backing up or making U-turn
• Quieter cars
• Pedestrian inattentiveness: Texting, reading, window-shopping, listening to music, etc
• Pedestrian wearing dark clothes at dusk/dawn
• Poor lighting/visibility/weather-conditions
• Pedestrian ignoring Don’t Walk sign
• Pedestrian crossing road at intersection

Who is Liable?

Pedestrian safety is a good marker for a city’s overall safety parameters. These accidents are not inevitable. Most of them are preventable and avoidable. Motor-vehicle drivers have the added responsibility of ensuring that they drive safely, within prescribed speed limits and that they obey all signs and signals. They also need to make necessary adjustments for weather conditions like rain, snow, slush etc that could cause pedestrians to step off curbs or cross the road unexpectedly or at unmarked places.

Looking at the above causative factors, it’s obvious that most of the errors are committed by drivers, but a few of them could also be errors on the part of pedestrians. Hence in some cases, there may be an element of shared responsibility. Pedestrians are expected to obey traffic rules and signs, avoid jaywalking, remain alert and avoid distractions like texting, music etc. If possible, they should wear bright or reflective clothing especially at night.

Every province has its own set of traffic rules and most of them are in favor of the pedestrian’s right of way. They are most vulnerable and can suffer serious injuries in a collision, hence motor-vehicle drivers are expected to remain alert and cautious.

An experienced car accident lawyer can help you with the right advice, assistance and advocacy.