Causes and Causative Forces

The most common occurrences that lead to traumatic brain injury include violence and accidents related to transportation, construction, and sports. In the US, between 1.6 and 3.8 million traumatic brain injury cases are a result of sports and recreation activities, while bicycle and motorcycle accidents are major vehicular accidents leading to head trauma. Among children, child abuse causes 19% of brain injury cases, with a high death rate among such instances.

Forces involved in such forceful occurrences leading to brain trauma include angular, rotational, shear, and translational forces. Contact or impact loading, where the head strikes or is struck by something, is usually responsible for focal or regionalized injuries, while noncontact or inertial loading causes diffuse injuries, which are distributed in a more general manner. 

Categories

Categorization of brain injuries can be mild, moderate, and severe. The most commonly used classification system is the Glasgow Coma Scale (GCS), which grades the person’s level of consciousness based on verbal, motor, and eye-opening reactions to stimuli. The lower the person’s standing is on the GCS scale, the more severe the injury. As well, duration of post-traumatic amnesia and loss of consciousness are also evaluated. For these additional criteria, the higher the values, the more severe is the person’s condition.

Complications

While most mild TBI cases do not cause permanent or long-term disability, all brain injury severity levels have the potential to create complications.

Medical problems that result from TBI include a broad range of physical, cognitive, emotional, and behavioral complications. Effects on consciousness include coma, brain death, and even a persistent vegetative state. Meanwhile, trauma to blood vessels can result in vasospasms and aneurysms.

Movement disorders associated with brain trauma often affect coordination and muscle function and also increases susceptibility to seizures.  Cognitive deficits that can follow injury include language problems, disrupted judgment, memory loss, and problems in executive functions. Emotional or behavioral impairments generally involve depression, anger, irritability, mania, emotional instability, and increased predisposition to psychiatric disorders. The worst of these problems often characterize chronic TBI.

Click here to visit The Law Offices of Elan Wurtzel, P.C. website, for more legal information.

This article is intended to provide only general information on the topic and not as legal advice.

In addition there are many federal laws that govern truck drivers. These cover everything from safe driving techniques, pre-trip checks, and training programs. Some attorneys who deal with truck accident laws consider these eleven federal trucking laws to be the most important. The full details of these laws are found on the Federal Motor Carrier Safety Administration website.

1. Commercial Motor Carrier Safety Assistance Program-Part 350

Pertains to various safety training programs on topics including size and weight enforcement, drug enforcement, traffic safety

2. Controlled Substances and Alcohol Use and Testing-Part 382

Contains detailed rules regarding substances and alcohol testing and penalties for truck drivers

3. Qualifications of Drivers-Part 383

Refers to the qualifications a truck driver must have. These include testing and licensing procedures, driver disqualifications, employer’s responsibilities, and required knowledge and skills

4. Commercial Driver’s License Standard; Requirements and Penalties-Part 383

Refers to the person who holds the license and the level of the license (CDL for commercial driver’s license)

5. Driving of Commercial Motor Vehicles-Part 392

Covers general driving, including railroad crossing, stopped vehicles, use of lights and reflectors, fueling precautions, and prohibited practices

6. Parts and Accessories Necessary for Safe Operation-Part 393

Pertains to the parts and equipment needed on trucks including lighting, wiring, brakes, fuel systems, coupling and towing devices, emergency equipment, frames, cabs, and body components, securing loads

7. Hours of Service of Drivers-Part 395

Pertains to maximum hours allowed, also the detailed log that truck drivers must maintain, recording their actions, or change of status, for each twenty four hours they are on duty. The status includes Driving, Sleeping, On Duty-Not Driving. This log can be kept in a specific form or can be entered into an automatic onboard recording device

8. Transportation of Hazardous Materials; Driving and Parking Rules-Part 397

Pertains to regulations on the transportation of hazardous materials, required driving techniques, and rules for parking with hazardous loads

9. Inspection, Repair, and Maintenance-Part 398

Pertains to the truck driver’s required pre-trip check of the complete truck to ensure safe and proper operating condition

10. Transportation of Migrant Workers-Part 398

Pertains to the transportation of migrant workers, including sections on non-residents

11. Employee Safety and Health Standards-Part 399

Pertains to safety practices including step, handhold and deck requirements, truck access requirements, and maintenance

The complete text of these eleven federal regulations are detailed and complex. This is one reason why truck drivers must continue their training throughout their career in order to keep up with current trucking laws. Often this is handled through regular training programs.

This article is not legal advice.

Additional Tools Regarding Truck Accident Laws: To find more information about Federal trucking laws please visit TruckAccidentLaw.org

First Offense (Class C Misdemeanor):

• 30 day suspension of driver’s license

• Up to $500 fine
• Between 20 and 40 hours of community service
• Must attend alcohol-awareness classes

Second Offense (Also a Class C Misdemeanor):

• 120 day suspension of driver’s license
• Up to $500 fine
• Between 40 and 60 hours of community service
• May have to attend more alcohol-awareness classes

The third offense penalties change depending on the age of the offender. No matter what age they are their license will be suspended for 180 days. If they are 17 or older it is considered a Class B Misdemeanor and the fine can range from $500 to $2,000. Also, if they are 17 or older they can also face up to 180 days in jail.

When a Minor Can Be Charged with DWI

If someone under 21 years of age is arrested with a Blood Alcohol Content (BAC) of 0.08% or higher they will face the same penalties as an adult driver and will be charged with a DWI instead of a DUI. BAC is determined using a blood or breath test. A DWI has stronger penalties and a driver under 21 years old will face additional charges related to underage drinking.

Underage drinking is a widespread problem in Texas. Texas has different laws for drinking and driving depending on the age and the Blood Alcohol Content of the offender. Texas is a zero-tolerance state, which mean that underage drivers getting caught after consuming any amount of alcohol will be prosecuted for DUI.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about Texas DUI Law.

The reason for this inflated number is simple. When we hear that an accident is related to drunk-driving, we automatically assume the man who caused the accident was the one drinking. No matter how much or little alcohol he had in his system and the person who caused the accident is sober, it is still seen as an alcohol-related accident. To most of us, alcohol related accidents are accidents caused directly by alcohol. If a man sitting in a parked car has had one drink and another man hits him, this is considered an alcohol-related incident. If a pedestrian who’s had a drink was run over by a car with a sober driver, this is also considered an alcohol-related incident. This should not be the case. This is just one of the many myths surrounding DUI statistics and facts. Here are some more myths and the truths behind them:

Myth: The best way to tell if someone is drunk is by conducting a blood alcohol test.
Truth: People that drink often begins to develop immunity to the strength of the alcohol and because of this their blood may not accurately measure how much alcohol they have actually consumed.