Motorcycle Helmets and Preventing Traumatic Brain Injury

For decades, the proof that motorcycle helmets reduce death and prevent serious injury has been well documented. To illustrate the point further though, approximately 41% of those killed in a motorcycle accident were NOT wearing a helmet.

As far as traumatic brain injury, a common occurrence among motorcycle accident victims, motorcycle helmets are 67% effective. According to the same study from the Crash Outcome Data Evaluation System, motorcyclists not wearing a helmet were three times more likely to suffer a brain injury in the event of an accident.

Despite all the warnings and evidence of their value in the event of an accident, only 58% of motorcycle riders wear a helmet. Many simply refuse to wear a helmet when riding – all for a variety of reasons.

As far as finding a helmet that provides the protection you need, there are 2 well known standards in the U.S.

One set of standards come from the U.S. Department of Transportation. Helmets that comply with this standard have a “DOT approved” sticker affixed. The manufacturer does their own testing of course but the Transportation Department also does compliance testing and posts results online.

In a nutshell, approved helmets have a certain thickness and are designed to absorb a significant amount of energy, prevent most penetration and include a fastening system that will withstand massive force.

DOT compliant helmets will have a thick inner liner, usually a 1” thick polystyrene foam material. Although it isn’t always visible, you should be able to feel around for the inner liner. A compliant helmet will also have sturdy chin strap and rivets and will not have anything extending further than 2/10 of an inch from the helmet.

DOT compliant helmets will also include “DOT” somewhere on the outside to indicate the helmet meets U.S. DOT FMVSS 218 standards.

Other standards are issued by private organizations like the Snell Memorial Foundation and the American National Standards Institute (ANSI).

We can tell you from our work and personal experiences, motorcycle helmets are invaluable in the event of an accident. As motorcycle attorneys in Tennessee, we can think of too many stories where an owner or passenger suffered paralyzing injury and death.

There’s no doubt that if more were wearing a certified motorcycle helmet, their lived would have been saved lives or the severity of their injuries reduced.

Defective Airbags Prove Dangerous for Many Passengers

When airbags were introduced, car makers and safety advocates hailed it as a seminal moment in vehicle safety, comparing them to the advent of seatbelts in the 1970s.

While airbags have helped reduce the physical impacts of car collisions, they do carry some danger.

Anyone with a newborn is certainly, or at least should be, aware that their child should be seated in the back of the vehicle. If they must sit in the front (…like in a single-cab pickup), the airbag should be disabled. Elderly folks too have to be careful around airbags since the impact of one could prove devastating.

Even though airbags have helped make cars safer, they’ve also proved to be very dangerous in the event they malfunction.

“We’ve seen a lot of cases where the person has a fender bender, the airbag goes off and hits them in the face, and they’ve lost an eye,” explains Raymond Bodiford, senior partner at the Bodiford Law Group in Orlando, Florida.

Below are some of the common malfunctions that can occur with an airbag:

  • Failure to deploy
  • Accidental deployment
  • Late deployment

While many may be familiar with the first two types of malfunctions, the third can pose serious risks as well. Late deployment basically means the airbag deploys after the accident has occurred.

“It can actually cause additional damage because the force of the accident has usually positioned the occupant too close to the airbag at the time it deploys,” explains Bodiford.

One example of defective airbags can be found in Honda vehicles built between 2001 and 2003. Starting in 2008, thousands of Honda vehicles were recalled because of a defective airbag inflator on the driver’s side. This defect was said to have caused 12 injuries and at least one death.

Since the initial recall, Honda has expanded it to include various Accord, Civic, Odyssey, CR-V, Pilot and Acura models. The most recent recall was issued by the company on December 2, 2011.

Most injuries from airbags occur in the chest area since it deploys at over 100 mph. Deploying airbags though can also cause burns. More serious injuries can occur in the neck area if the driver/passenger is of a certain height.

Although rare, deploying airbags can cause fatality. From 1990-2000, over 175 fatalities from airbags were reported by the National Highway Traffic and Safety Administration. The agency though estimates that of the approximately 3.3 million airbag deployments, more than 6,377 lives have been saved and countless injuries prevented.

Effects of Traumatic Brain Injury

Just about any injury involving the head can potentially lead to brain injury. Falling off a ladder, being in a bad car accident or simply crashing into something can have effects on the brain that can take a long time to even appear.

It’s safe to say that brain injury can be quite unpredictable in its consequences and can have dramatic impacts on who we are, the way we think, act and feel.

According the U.S. Centers for Disease Control, over 1.7 million people each year sustain some sort of Traumatic Brain Injury (TBI). These injuries can be caused by a variety of things, with falls and motor vehicle crashes accounting for just over 50% of brain injuries.

A traumatic brain injury can have several lasting impacts. Functional sections or lobes in the brain are divided by left and right. Both sides are responsible for different functions. Injuries to one side or the other can result in general patterns of dysfunction.

If an injury occurs on the left side of the brain, it can cause:

  • Difficulty in understanding language
  • Difficulty in speaking
  • Depression, anxiety
  • Verbal memory deficits
  • Impaired logic
  • Sequencing difficulties
  • Decreased control over right-sided body movements

If an injury occurs on the right side of the brain, it can cause:

  • Visual-spatial impairment
  • Visual memory deficits
  • Left neglect (inattention to the left side of the body) Decreased awareness of deficits
  • Altered creativity and music perception
  • Loss of “the big picture” type of thinking
  • Decreased control over left-sided body movements

Diffuse brain injuries, or those that are scattered throughout both the left and right side of the brain can cause:

  • Reduced thinking speed
  • Confusion
  • Reduced attention and concentration
  • Fatigue
  • Impaired cognitive (thinking) skills in all areas

(List of symptoms and brain function illustration courtesy of the Brain Injury Association of America)

When a brain injury occurs, damage to neuron transmitters, nerve tracts or sections of the brain can severely limit or even destroy the ability to carry the messages that tell the brain what to do.

This can in fact change a person in who they are and how they think. Brain injuries can also have an effect on complex functions of the body such as temperature regulation, blood pressure, bowel and bladder control.

Changes like these can be temporary or permanent – it really depends on the individual’s situation. If the injury is bad enough, a complete loss of a particular body function could occur.

Remember, each of our brains is different which is why each brain injury is unique. A person with a brain injury is, and always will be a person first.

If you’ve sustained a brain injury caused by someone else’s negligence, you may be entitled to compensation for medical expenses, lost wages, property damage and pain/suffering.

The best way to determine if you have a claim is to speak with an attorney specializing in brain injuries. Sid Gilreath and associates here at our Tennessee firm have extensive experience representing clients who sustained a brain injury.

To discuss your case, contact Nashville brain injury attorneys at Gilreath & Associates today for a free consultation.

 

5 Most Common Causes of Brain Injury

Traumatic Brain Injury (TBI) is considered to be a serious public health concern by the Centers for Disease Control. Approximately 1.7 million people a year in the U.S. sustain some sort of traumatic brain injury, with thousands of these occurring in Tennessee.

Effects from these injuries range in severity from just a mild concussion to more serious, permanent disability.

And while the effects of brain injury can last a life time, the cause can occur in a split second.

Continue reading for a brief overview of the 5 leading causes of traumatic brain injury according to the Centers for Disease Control (CDC).

1.       Falls – 35.2%

The most common accident in general, falls are the leading cause of brain injury in both the U.S. and Tennessee. Among children ages 0-14, falls cause 50% of traumatic brain injuries. For seniors over 65, falls are the cause of an astounding 62% of TBIs!

2.       Traffic Accidents – 17.3%

Auto accidents constitute the 2nd leading cause of traumatic brain injury among all age groups. However, accidents like these are leading cause of death from brain injury.

3.       Striking/Being Struck By an Object – 16.5%

The third leading cause of traumatic brain injuries in general, striking or being struck by an object is in fact the 2nd leading cause of traumatic brain injuries (25%) among children ages 0-14.

4.       Assault – 10%

Physical assault is another common cause of traumatic brain injury, accounting for 10% of all TBIs in the U.S. Fortunately, assault was the cause for only 2.9% of brain injuries in children and 1% in elderly adults.

5.       Unknown/Other – 21%

Other causes or traumatic brain injury are in fact unknown or very rare. It’s sometimes difficult to pinpoint the cause of a brain injury since the effects may not show up for a long time.

Effects from brain injury vary far and wide ranging from very minor concussions to death. Of the annual 1.7 million brain injuries, over 275,000 require hospitalization and 52,000 die each year. Young children and the elderly are two groups who are at higher risk for brain injury. Separated by gender, males are more commonly diagnosed with a TBI (59%) than females.

Traumatic brain injury is a serious condition that can pose dramatic consequences for your life. Expensive, perhaps financially devastating medical bills, lost time from work and general stress are just a few of the consequences.

If you’ve sustained a brain injury caused by negligence, there are options available for you to  obtain compensation for your costs, lost time from work and pain and suffering. Brain injury attorneys and Nashville’s Gilreath and Associates are well experienced in helping injury victims seek justice. Our team possesses decades of experience helping injury victims get the compensation they need and deserve.

We invite you to contact us today to discuss your case and evaluate legal options.