Jump to Navigation

San Francisco Personal Injury Law Blog

Photosensitivity Sensory Disorder Follows Traumatic Brain Injury

  • 02
  • February
    2012

As a traumatic brain injury attorney, I am always interested in new information on head injury.  I am proud to live in San Francisco where we can boast that our main city and county hospital has received a prestigious brain trauma certification in the treatment for traumatic brain injury (TBI).

As a San Francisco Brain Injury Attorney, it is a part of my job to show how TBI  dramatically affects the lives of brain injured people and their families. In many cases, these injuries leave individuals permanently disabled, or in need of months, and sometimes years, of rehabilitation and therapy.

Thumbnail image for !BRAIM3.jpgSensory disorders are common in those with TBI, including anomalies of vision, audition, and olfaction.  Recently I learned of a vision anomaly symptom evident in those with TBI:  photosensitivity, or photophobia, which presents as an elevated sensitivity to light in the absence of ocular inflammation or infection.

Photosensitivity in those with TBI has been reported:

  • In 20-40% in non-selected (i.e., not necessarily visually-symptomatic persons with TBI) samples
  • Up to nearly 50% in selected (i.e., visually-symptomatic persons with TBI)

The underlying facts behind these findings is fascinating.  Those TBI sufferers affected by photosensitivity--generalized to all lights and selective to flourescent light--report:

a) fatigue with higher level cognitive tasks, including multi-tasking

b) fatigue with physical activity

c) eyestrain

d) headache or migraine

Specific to flourescent light only:

e) malaise

f) nausea

g) disequilibrium, dizziness, and possible vertigo

h) increased sensitivity to motion of visual stimuli (i.e., scrolling on computers, watching scrolling tabs on television, and watching fast-edit programs)

i) increased sensitivity to being in environments with multiple visual stimuli (i.e., crowded streets, busy malls, supermarkets)

The neurological research by Ciuffreda's research team hypothesized that anomalies in the cortical or subcortical regions may be contributing to the perception of photosensitivity on those with TBI.  

  • the cortical hyperexcitability is non-uniform.
  • an increased magnitude of the hyperexcitability results in a corresponding increased susceptibility to visual stress symptoms.
  • a systematic application of tinted color overlays or tinted color lenses may reduce the effective non-uniformity of the cortical hyperexcitability by re-distributing the cortical response to visual stimulation. This is possible because of the variable spectral sensitivity and topography of cortical neurons responding to color in the human cortex. A reduction in the non-uniformity of the cortical hyperexcitability concurrently improves visual comfort for reading and viewing multiply-visually stimulating environments.  

From my experiences helping clients who've been affected by TBI, I too would recommend a complete vision evaluation, with a neuro-optometrist, ophthalmologist, or neuro-ophthalmologist for those reporting photosensitivity.  The tests would aim to rule out structural ocular anomalies as causes for the photosensitivity, such as certain anomalies of the cornea, iris, lens, retina, and optic nerve.

Photosensitivity in those with TBI may or may not resolve with time; however, by providing some means of alleviating the symptoms with tinted lenses, or the use of colored overlays, or recommending the wearing of brimmed caps (to block the illumination and visual stimuli from above) we can help the symptomatic patient.

In summary, photosensitivity/photophobia is a common symptom in those with traumatic brain injury.

About the author: Claude Wyle is an aggressive advocate for Bay Area traumatic head injury survivors. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a Bay Area brain injury lawyer, has fought to protect the rights of those with head injuries throughout his legal career.

Fatal Watsonville Bus Crash May Cost Santa Cruz Transit District $500K

  • 29
  • January
    2012

A fatal bus crash in February 2010 has resulted in a lawsuit filed by the family of the deceased 79-year-old Watsonville man who was killed.  The Santa Cruz Metropolitan Transit District is now facing a $500,000 fine. First of all we extend our heartfelt condolences to the family of this elderly gentleman.

The victim of this fatal Watsonville bus crash, Salvador Lopez Chipres, was using his walker while crossing in a crosswalk near the Metro Center, on Rodriquez Street and West Lake Avenue, on February 4, 2010 when he was struck by the bus driver as she was making a left turn.  The bus driver, 57-year-old Mary Ellen Miller, was determined to be at fault by the police investigation because she "failed to yield the right of way to a pedestrian crossing within a marked crosswalk."

While police reports are very often not the final word on liability, this report points out some very clear factors to consider. This would seem to be another example of a driver failing to keep a proper lookout. How could the driver have missed seeing a slowly walking pedestrian with a walker? In the crosswalk? Ms. Miller was most probably distracted by something or her mind was on something other than her driving. This pedestrian death is all the more frustrating because we expect that a bus driver who is a professional driver with extra training would pay more attention than the average driver. Why is this so rarely the case? Why do we have so many pedestrians run over by buses, particularly here in San Francisco?

ElderlyCrossing.jpgAs a San Francisco Bay Area Wrongful Death Attorney and Brain Injury Lawyer, I of course take cases such as these very seriously.  This pedestrian collision caused Mr. Chipres a severe head injury nd, after a 2 month coma, death.  The question to ask is could this pedestrian death have been avoided?   I believe that this collision was predictable if the driver had but maintained a proper lookout. And if it is predictable, it is preventable. The Santa Cruz Transit District is being made accountable for this tragedy for a number of reasons:

  • Pedestrians in a cross walk usually have the right-of-way
  • Extra caution should be used with elderly people with walkers
  • This crosswalk was clearly marked and the bus driver failed to see it or to allow the pedestrian his safe passage
  • Chipres' family spent at least $427,000 in medical, funeral and burial expenses

A potential wrongful death claimant should speak with lawyer who is experienced with the procedures involved in making the wrongful death claim itself as well as the nature and extent of the damages which can be recovered under California law.

Once again, my condolences go out to the Chipres family.

About the author: Claude Wyle is an aggressive advocate for Bay Area Mass Transit safety, particularly pedestrian safety. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco personal injury attorney, has fought to protect the rights of injured adults and children throughout his legal career.

Fatal Crash by UCSF Shuttle Driver: Distracted Driving

  • 26
  • January
    2012

shuttle4.jpgDistracted driving is one of my main topics lately on this blog for a reason.  Distracted driving is the cause of many automobile collisions, including fatal collisions.  In a recent post last month, I was happy to learn that due to concerns about distracted driving the NTSB recommends a ban on personal devices.  The NTSB has a focus on safety and that focus does not seem to be watered down by politics or inconvenience to cell phone users. Should all cell phone use be banned, even hands free cell phone use? This is an interesting debate and I would appreciate my readers adding their views.

Texting while driving remains a huge issue, but simple chatting with a passenger may have been the cause of a UCSF Shuttle driver fatal crash in July which left 52-year-old psychiatrist Dr. Kevin Allen Mack dead.  Apparently, while he was distracted by a conversation with a passenger,  the shuttle driver ran a red light, and crashed into a big-rig truck which threw Mack from the vehicle upon impact.  While I know that we can never make conversation in the vehicle illegal, I do wish to urge all drivers to maintain a proper lookout and to always keep your eyes on the road and your mind on your driving. A moment's distraction can cause massive destruction.

While it is not every day that you hear of a friendly passenger in a shuttle needing to fear for his life for answering questions by a friendly, interested driver, this incident makes you wonder if more factors in addition to distracted driving came into play in this collision.  What about the safety of the shuttle bus itself?  This was, in fact, not the only fatal crash by a UCSF driver this year.

As a San Francisco Automobile Accident Attorney, I am glad that the owners of the shuttle service are trying to improve safety--by admitting that although seat belts are not required on shuttle buses, they will be installed as safety devices in the wake of Mack's death.

About the author: Claude Wyle is an aggressive advocate for San Francisco pedestrians, cyclists and motorists. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco Wrongful Death Attorney, has fought to protect the rights of injured individuals throughout his legal career.

White Van Sought Hit-and-Run of San Francisco School Bus

  • 22
  • January
    2012

schools.jpgPolice are still looking for a white van that was involved in a hit-and-run with a school bus in San Francisco yesterday afternoon, Wednesday, January 18th at around 2:50 p.m. near Harrison and Cesar Chavez streets. If you have information regarding this hit-and-run please immediately contact the San Francisco Police Department.

The school bus was carrying 20 children. Luckily, no one was injured.  The other vehicle, a white van, drove off after the collision and the driver has not been found, according to CHP Officer Kevin Bartlett.

I regard hit-and-run drivers as a special kind of criminal. To negligently hit another vehicle is forgivable. As long as the offending driver is made accountable, then compensation for negligence is just like paying a debt. But, a hit-and-run driver is disregarding the rules that help us live together in our community, and that is not excusable. And to hit a school bus and not even stop... Come on, that is really low.

As a San Francisco Bay Area Personal Injury Attorney, and father, I care deeply about the safety of our younger generation. I dedicate myself to determining who should properly be made accountable for collisions whether they are pedestrian or bicycle or car or truck or even school bus accidents. The rules of the road say that when you act unreasonably and someone is hurt thereby, you are responsible for the harm you cause.

With a hit-and-run accident, however, no matter who really caused the accident, the driver who sped off is considered at least partially at fault.

About the author:  Claude Wyle is an aggressive advocate for Bay Area child safety and has handled many cases involving injuries to children. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco personal injury attorney, has fought to protect the rights of injured adults and children throughout his legal career.

San Francisco DJ Injured in Bicycle Hit-and-Run

  • 13
  • January
    2012

djtoph.jpgMusic lovers and San Francisco cyclists alike are thinking about DJ Toph One, who ended up in ICU at San Francisco General after falling from his bike and getting hit by a car in hit-and-run accident at Ocean and Geneva near City College on Sunday night around midnight, January 8th.

Identified as 41-year-old Christopher Evans, the popular DJ remains in the hospital with a broken pelvis requiring surgery.  Unfortnately, the hit-and-run assailant is still unknown. 

The San Francisco community has already come to his side, arranging benefits to help raise money to help him as follows:

  • Public Works on January 20th at 9 p.m., which will feature sets by J Boogie, Chris Orr, B Cause -- and more.
  • Som Bar on January 22nd with Sake One, DJ Stef, Doc Fu, and Rascue.
  • Facebook page, where fans can drop a note of support for Evans

Both events will accept donations and a percentage of bar sales will go toward Evans' recovery.

Although firefighters nearby witnessed the accident, there is no vehicle description and police have no details on the driver. However, if anyone did witness this accident and has information, please contact the Police Department's anonymous tip line at 575-4444 or send a tip by text message to TIP411.

About the author:  Claude Wyle is an aggressive advocate for Bay Area bicyclists. Claude has decades of experience representing those harmed by the wrongful conduct of other, and, as a San Francisco Bicyclist Accident Attorney, has fought to protect the rights of injured cyclists throughout his legal career. Claude is also an avid cyclist himself and member of the Marin County Bicycle Coalition, San Francisco Bicycle Coalition and Silicon Valley Bicycle Coalition and is a sponsor of Safe Routes to School.

Will By-passing This Dangerous California Road Reduce Car and Motorcycle Accidents?

  • 03
  • January
    2012

devilsslide.jpg

The infamous Devil's Slide stretch of Highway 1 (SR-1) is currently slated to be closed permanently to cars and motorcycles in late 2012 when the Devil's Slide Tunnel Project will be hopefully completed, offering a solution to this notoriously unstable and unsafe section of highway.

As the location of so many motorcycle and car injuries and fatalities, this stretch of Highway 1 on the beautiful California coast has developed a very bad reputation over the last decades as an accident location.  And also, as a landslide-prone section of highway, Devil's Slide is often closed whenever there is a storm, as sections of the highway give way and fall.

Highway 1 has also proven to be dangerous for many drivers and motorcycle riders since the highway is so narrow along the cliffs, with many blind corners. The drivers are drawn by the natural and dramatic beauty of the coastline. The riders are drawn by the challenging turns. Both drivers and riders have often found this stretch of road overly challenging and hazardous.

The coast between Pacifica and Montara is perhaps unsurpassed in scenic beauty and is surely a motorcyclist's dream.  But with the long history of closure due to rockslides and land slippage, and seemingly constant repairs, Devil's Slide will finally be by-passed by two inland tunnels, providing a safe, dependable highway between Pacifica and Montara.

As an avid motorcyclist, and San Francisco Motorcycle Attorney, I will miss riding my own motorcycle along this scenic stretch of coast, but I recognize the dangers from rockslides, and also the dangers with typical traffic traveling along the cliffs with narrow roads and so many blind turns.  While I don't like riding my motorcycle in tunnels, I support the building of a safer road for all travelers, both local and touring, even though I will miss this fun and challenging piece of our California coast.

The perk to this project, which many bicyclists and pedestrians will enjoy, is that the bypassed section of Highway 1, together with 70 acres of State right of way, will be available for public access and recreational use following the planned tunnel opening in late 2012.

About the author: Claude Wyle is an aggressive advocate for San Francisco Bay Area motorcylists, bicyclists and pedestrians. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco motorcycle, bicycle and pedestrian accident attorney, has fought to protect the rights of those injured throughout his legal career. Claude is also an avid cyclist and motorcyclist himself and member of the Marin County Bicycle Coalition, San Francisco Bicycle Coalition and Silicon Valley Bicycle Coalition and is a sponsor of Safe Routes to School. This year, Claude is going to lecture to End Distracted Driving. Please follow this blog for more details on future events aimed at ending distracted driving in California and nationally.


Pit Bull Attack in California Results in Death

  • 02
  • January
    2012

In August 2011, a thirty-two year-old woman in Pacifica, California died tragically after being attacked by her pit bull. The woman's husband came home to find the woman lying on the floor, severely injured. He called for medical assistance and the emergency responders who arrived pronounced her dead on the scene. Police officers had to shoot and kill the dog because it approached the emergency medical technicians (EMTs) who were trying to revive the woman. This unfortunate incident emphasizes the importance of knowing California's laws regarding dog bites and what remedies are available to those who suffer injuries as a result of an attack by a dog.

California Dog Bite Laws

In many states, dog owners are not held liable for dog bites until after their dogs bite others one time. After that, the law considers owners to be "on notice" that their dogs have the tendency to bite and they should take steps to prevent it.

Mission District Car Meets Bicycle Crash Sends Bicyclist to Hospital

  • 31
  • December
    2011

I must report that a Mission district bicycle car crash caused serious personal injuries a few nights ago.

cycling_nighttime.jpgA cyclist went out for a ride on Wednesday night, December 21st only to be struck by a car and to suffer personal injuries at about 8:19pm at 17th and Valencia in San Francisco.  The injuries were serious enough to necessitate a visit to the hospital.

Fortunately, the cyclist was conscious and talking as police blocked 17th Street to traffic to allow emergency crews to respond.

According to the police a four-door Toyota sedan with front-end damage was stopped near the scene of the bicycle accident.

As a San Francisco Bicycle Attorney my mind always goes to the question of who was at fault for the collision?

Was the car driver at fault for failing to keep a proper lookout or was the cyclist not paying attention?  Was the cyclist not properly dressed with glow-in-the-dark clothing?  Did the cyclist have proper lighting?  These questions will all have to be addressed in order to assure the appropriate parties are held accountable.

About the author: Claude Wyle is an aggressive advocate for San Francisco Bay Area bicyclists. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco bicycle accident attorney, has fought to protect the rights of injured cyclists throughout his legal career. Claude is also an avid cyclist himself and member of the Marin County Bicycle Coalition, San Francisco Bicycle Coalition and Silicon Valley Bicycle Coalition and is a sponsor of Safe Routes to School. He is also a member and lecturer of EDD, a group dedicated to End Distracted Driving.

Another San Francisco MUNI Bus Pedestrian Death

  • 27
  • December
    2011

ba-BusDeath_JPG_0504554999_part6.jpgWith sympathy, and frustration I report another San Francisco MUNI vs. pedestrian fatality which occurred last month. The MUNI death happened on Mission St. between 5th and 6th Streets on Sunday, November 13, 2011.

Over a month later, this injury news is still important, and should not be hidden and ignored.

Failing to pay attention while driving or driving recklessly can and often does lead to serious personal injuries or even deaths.  It is essential that the details and facts surrounding these types of MUNI accidents be uncovered, with hopes of learning from past mistakes.  Changing unreasonable conduct by MUNI will improve safety.

Questions to ask are how could this death have been avoided, and where was the MUNI operator looking before he struck and killed this man and where was the man walking from before he encountered the bus? Learning that this pedestrian was wearing a security guard uniform, and so was more visible than someone wearing normal street clothes, leads me to question whether the MUNI driver truly was paying attention.

Unfortunately, MUNI's record is already under scrutiny as it was just announced that, among other incidents, criminal charges could be filed against the MUNI bus operator who fatally struck pedestrian 23-year-old Emily Dunn on Aug. 19.

As a San Francisco MUNI Accident Lawyer, I cringed when I learned that the pedestrian was pinned under the bus until he died. Rescue efforts were valiant, and I do not mean to disparage anyone without knowing the true facts; however, questions should and must be asked. Too many pedestrians are killed in San Francisco and something needs to be done about this now.

My condolences go out to the family of this man.

About the author: Claude Wyle is an aggressive advocate for Bay Area MUNI safety. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco personal injury attorney, has fought to protect the rights of injured adults and children throughout his legal career.

NTSB Expresses Concerns About Distracted Driving

  • 22
  • December
    2011

The National Transportation Safety Board (NTSB) recommends a ban on all personal electronic devices while driving.  Despite the new fines imposed in California for texting-while-driving from a cell phone while driving an automobile, I still hear about fatal accidents and serious personal injuries which result from this most obvious form of distracted driving. 

texting_while_driving.jpgI am supportive of NTSB's recent decision to recommend a national ban on the usage of all personal electronic devices while driving a motor vehicle. 

NTSB bases its decision on findings from various national statistics on distracted driving, as I have also discussed in the past.  Recently the NTSB was highly influenced by the investigation of a fatal accident in Missouri where a 19-year-old pickup driver sent 11 texts in the 11 minutes before the accident, including one right before the impact that killed two people and injured 38.

The NTSB's recommendations urge all 50 states and the District

"to ban the nonemergency use of portable electronic devices (other than those designed to support the driving task)."

According to the Governors Highway Safety Association, 35 states, including Maryland and Virginia, and the District ban texting while driving.

While driving a car, concentration on driving must be the highest priority.  When we are taught to drive, did the instructor or our parents ever say that driving was just a part of multi-tasking? With so many things to pay attention to while driving, how could anyone actually think that they have the ability to also send texts and still drive safely? Roads are more congested than ever, and yet drivers are paying less attention than to driving than they did a decade ago.

Traffic accidents are the number one cause of death of teenagers, and does anyone believe that distracted driving is not largely to blame?

Why do I report wrongful deaths that happen in the San Francisco Bay Area? It is my view as a San Francisco Personal Injury Attorney that this injury news is important to keep in the public mind and not swept under the rug.

I believe that people should know that failing to keep a proper lookout or driving unreasonably can and often does lead to serious personal injuries or even deaths.  It is negligent.  And it is vitally important that the details and facts surrounding these types of accidents and others be discovered so that we can hope to learn from past mistakes, change unreasonable conduct and thereby improve safety.

With the Holiday driving season upon us, the message on distracted driving is simple: There's no call or text message that's so important that it can't wait.

I have joined a national group of attorneys who will be lecturing at high schools and other places to teens regarding the dangers of distracted driving. The group is called End Distracted Driving (EDD), and I hope to be able to blog more about this topic as our program takes off nationally.  I encourage anyone interested in this issue to join two distracted driving groups, endDD.org and noDD.org.

About the author: Claude Wyle is an aggressive advocate for San Francisco pedestrians, cyclists and motorists. Claude has decades of experience representing those harmed by the wrongful conduct of others, and, as a San Francisco Wrongful Death Attorney, has fought to protect the rights of injured individuals throughout his legal career.

Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Highly Respected in the Community
George Vasilios Choulos | Avvo Rating
Claude Armand Wyle | Avvo Rating
FindLaw Network

Privacy Policy | FirmSite® by FindLaw, a Thomson Reuters business.