Motor vehicle accidents account for more than 40 percent of mild traumatic brain injury. I found this to be an almost unbelievable statistic. Something most people don’t realize is that an injury to the brain can happen with or without a direct impact to the head. Often times, individuals injured in car accidents know they are experiencing neck pain or whiplash. It is obvious that there is an injury to the soft tissues of the neck. Many of these same accident victims experience symptoms associated with traumatic brain injury.

Many forces act on the brain during a motor vehicle accident that causes the twisting and shearing of brain tissues. Delicate axons in the brain can break. This break prevents normal electrical impulses from passing down the axons. This condition is called Diffuse Axonal Injury (DAI). DAI can lead to major and often permanent neurological disability. Individuals with DAI experience symptoms such as pain, memory loss, seizures, loss of consciousness and coma. DAI has two components: first, damage occurs at the time of the accident and second, delayed component resulting from nerve damage from chemicals released at the first stage.

Magnetic Resonance Imaging (MRI) is the favored diagnostic tool for DAI. A study published in the Journal of Neurotrauma, stated that victims should be imaged within 2 weeks of the trauma, as the damage is in the acute phase and is most useful for prognostic value. When trauma victims are manifesting symptoms of DAI, it is necessary that they receive an accurate diagnosis through a MRI of the Brain.

Do not let traumatic brain injuries go without treatment. Accident victims that experience symptoms like severe headache, seizure and memory loss should seek medical attention. Failure to diagnose a traumatic brain injury can be devastating to the accident victim and mean that they will not be fully compensated for their injuries.

I have had clients where family members observed noticeable differences in the behavior of their spouse after an auto accident. There were behavioral changes and memory loss. These changes were severe enough that they resulted in the loss of their job.  The TBI or DAI injury was never diagnosed and no personal injury claim was made. Often someone suffering from TBI or DAI does not know what is best for them. Make sure that they get the treatment and diagnostic tests they need so they can be fully compensated for this devastating injury.

A shocking report was released September 27, 2011 from the U.S. Centers for Disease Control and Prevention (CDC) showing of approximately 1.7 million people suffer a traumatic brain injury each year, many because of auto accidents.

Traumatic Brain Injury (TBI) is sudden, non-congenital physical damage to the brain from an external force that temporarily or permanently disrupts normal brain function.  Some form of traumatic impact such as a blow to the head, violent shaking or penetration of the brain tissue from impact falls, vehicle accidents and violence is usually the cause.  Half of all traumatic brain injuries are the result of a motor vehicle accident.  Any damage to the brain can impair physical and psychological activity.  In more serious cases of TBI, the complications can be fatal.  Injuries can range from mild, to severe but the long-term effects are often devastating and life-altering.  About 75 percent of TBIs are classified as mild, but many who suffer severe TBI require an extensive hospitalization.  The Centers for Disease Control (CDC) has even reported deaths due to TBI.

TBI is sometimes referred to as the “silent epidemic”, because it can manifest itself without outward signs of damage.  Jonathan Lifshitz, an assistant professor at the University of Kentucky Chandler Medical Center’s Spinal Cord and Brain Injury Research Center, stated that many people with TBI are “walking wounded” and suffer from injuries that are serious but not easily observable.  Consequently emergency care and surgery is frequently necessary, followed by medication, therapy and cognitive rehabilitative training when TBI occurs.  TBI can cause permanent changes in mental processing, including slowed thinking, dulled attention, memory problems and impaired judgment and change the victims life wholly.

You or your loved one can make a claim if you suffer TBI or serious injuries which are caused by someone else.  You should contact a personal injury attorney immediately after the incident in order to help and give you advice for any potential legal claims and any significant things for you to know.  Many times a Traumatic Brain Injury is left undiagnosed.  This can be due to coping by the injured or embarrassment.

Do not let traumatic brain injuries go without treatment. I had a conversation with only yesterday where a family member saw noticeable differences in the behavior of a niece after an auto accident. She was from behavioral changes and memory loss which caused her to lose her job. The TBI injury was never diagnosed and no personal injury claim was made. Often someone suffering from TBI does not know what is best for them. Make sure that they get the treatment they need so they can be compensated for this devastating injury.

I had to travel to Lexington last week.  As I was driving east on I-64 I saw a sign that read “52 deaths on Kentucky roads this year”.  We have all seen these electronic signs that dot the interstates in Kentucky. My immediate thought was it’s not even the end of January and there have been 52 deaths on Kentucky roads due to auto accidents! This is 52 fatal accidents. I wonder what the causes of these deaths were.  I was on my way to Lexington to file a lawsuit in a case where my client had been t-boned by a young teenage girl who was texting on her cell phone. She did not see the red light, ran it and slammed into the side of my clients’ car.  Unfortunately, the consequences were severe. My client suffered a traumatic brain injury with a permanent memory problem as a result of this accident. 

            I can’t believe that nothing has been accomplished in Kentucky to prohibit texting while driving. It is running rampant on Kentucky roadways, whether you are in Louisville or Lexington.  There are so many people, not only teenagers but adults, on cell phones and being distracted by other means.  This is making the highways more and more dangerous. 

Last week the Transportation Department announced a new rule that prohibits interstate commercial truckers and bus drivers from sending text messages while they are operating their vehicles.  Those drivers who break this rule will face civil or criminal fines that could go up to $2,750.00.  This rule became effective immediately. 

Texting while driving is just one of the problems that should be addressed.  Many truckers use computers while driving that are required by the companies.  These are dash mounted. As everybody knows multitasking makes driving more dangerous.   

I applaud the transportation department for making this rule.  I hope that the states that have not instigated bans on texting while driving will do so in the near future.  It will definitely save lives.  Hopefully this will help cut down on the 52 deaths that have occurred this year on Kentucky highways.  This is too many deaths from traffic accidents. Whether they are car accidents or truck accidents we need to take whatever steps we can to prevent them from occurring  in the future. The National Transportation Department has taken a big step. Will Kentucky be next?

I met with a client earlier this week to get an update on her recovery. She had suffered a mild traumatic brain injury. At least that is what it is classified as. Anyone who has been around someone that has any sort of “mild” classification knows that the effect that the injury has on life style, work and daily activities is anything but mild. The injury can cause a dramatic change in lifestyle and personality that affects the injured accident victim as well as her family and friends. These cases are sad to say the least.

What got me angry was the fact that this accident did not need to happen. The driver was texting at the time. Their attention was on their phone and not on the road. The result of this irresponsible behavior was an accident that caused an injury that will have to be suffered through and dealt with for a lifetime. What could have been so important? I am anxious to taker the deposition to find out. I thought using a cell phone without an ear piece was distracting, but text messaging? I hope that Kentucky enacts a law banning cell phones with out a hand free device and bans texting in the car during the next legislative session.

I recently read an article that has an interesting solution. A deliveryman for UPS had become so frustrated with drivers talking on the phone that he is developing what he hopes to be a solution that will save lives.  He, unlike me, is putting action to his frustration. Fred Wenz and John Fischer have developed a security device that can block the incoming and outgoing radio signal to and from cell phones. This can be effective for up to a 5-foot radius around the drivers’ seat. The criminal courts have used a similar device to prevent those convicted of multiple drunken driving offenses from driving while intoxicated.

 
Wenz and Fischer have applied for a provisional patent on the device.  The device is called an “Owner Compliance Key”. I hope they can get this device on the market as soon as possible.  As a parent, I believe this would be a great tool to make sure my daughters are not tempted to use their cell phones while driving.  Don’t text and drive! Texting and talking on the cell phone are distracting. The results can be devastating. You may cause a car accident and live with the consequences for the rest of your life.