Charleston, West Virginia carbon monoxide death

Charleston, West Virginia, carbon monoxide is a colorless, odorless, and tasteless silent killer emitted from pool heaters and other gas fueled appliances.

Fitness Program Aids Traumatic Brain Injury Patients

Sadly, more than 7,000 Americans suffer from traumatic brain injury.  The Centers for Disease Control and Prevention, tell us that a brain injury is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain.  Symptoms of traumatic brain injury may manifest themselves both physically and mentally.  Specifically, traumatic brain injury symptoms may include:  dizziness, headache, confusion, seizures, personality change, vomiting, bad taste in your mouth, loss of concentration, and loss of coordination and numbness.  Too often, such injuries are acquired through accidents at work in labor driven occupations such as construction, coal mining, heavy equipment operation and blasting sites.   All too often, car and 18 wheeler accidents produce their share of traumatic brain injuries.  And, recent data suggests that there is a growing incidence of traumatic brain injury victims returning home from service in Iraq and Afghanistan.

I was heartened to read a recent article in the Charleston Gazette regarding recent advancements in the treatment of traumatic brain injury patients.  According to the article, San Francisco based company, Posit Science, has developed an in-home computerized  "Brain Fitness Training Program," with the assitance of medical professionals, that is designed to improve memory, listening skills and cognitive functioning for traumatic brain injury patients. 

Interestingly, the program is available free-of-charge through the Easter Seals Society.  The program lasts eight weeks, but as mentioned, can also be completed at home.  It is suggested that participants spend about an hour a day five days per week working with the program.  Early research suggests that the program has improved the memory of traumatic brain injury patients who have utilized the program.

I think it's fantastic that veterans groups, including West Virginia based Thanks! Plain and Simple, a nonprofit veterans advocacy group based in Cross Lanes, West Virginia, has taken the inititative to raise awareness regarding the issue of traumatic brain injury amongst veterans.  Too often, veterans, disabled workers, car accident and workplace injury victims are ashamed of the "negative stigma" and stereotypes that are created by others when someone speaks out or seeks assistance for their traumatic brain injury. 

Through my work as an attorney, whether that has been through assisting disabled West Virginians seeking Social Security benefits or through my work assisting traumatic brain injury victims to receive fair compensation for car accidents, truck accidents, motorcycle accidents, and workplace injuries, that were no fault of their own, I have personally witnessed the life altering effects of this horrific illness.  We at Mani Ellis & Layne, PLLC, applaud the efforts of the technology and medical community working to improve the daily lives of all those who suffer from traumatic brain injury.

 

 

Text Messaging and GPS Devices Are Serious Driving Distractions

     How often do you pass a driver on the road who has one hand on the wheel and one hand on their cell phone?  With the recent surge in techno gadgets aimed at providing the driving public more fingertip conveniences while on the road, there has also been a corresponding rise in serious injuries and deaths related to car wrecks caused by technologically distracted drivers.  While cell phones have been a consistant driver distraction for over a decade, recently, other high-tech eye-catchers such as text-messaging, cell phone cameras, global positioning systems (GPS), satellite radios, MP3 players,  and e-mail, have also began to contribute to street and highway accidents, injuries and deaths.

     Interestingly, researchers have noted that these devices have "intergenerational appeal."  Meaning, young and old drivers alike often utilize some or all of these technologies while driving.  Although, it has been noted that these technologies are used more pervasively by younger drivers.  This alone is cause for concern since younger drivers are often associated with riskier and deadlier driving behaviors than older adults.  In a recent edition of TRIAL, Journal of the American Association for Justice, attorney Robert L. Sachs Jr., cites a recent case in which five newly graduated females from Fairport High School in New York died when their SUV veered in front of an oncoming tractor trailer. 

     According to Sachs, press reports stated that a text message was sent from the driver's phone two minutes before the crash and that  response was received less than a minute before a 911 call to report the crash was made from a vehicle following the women.  Sadly, all of the occupants in the car died in the crash.  The American Automobile Association recently studied th problem and found that 13 percent of teen drivers admitted to text-messaging while driving, while AAA has reported the number may be as high as 46 percent. (See Am.Auto. Assn., Teen Risky Driving Habits Include Text Messaging Behind the Wheel (July 10, 2007).

     Currently, state laws governing the use of high-tech devices while driving have been slowly evolving and developing as the problems caused by their usage behind the wheel become known.  Many states now regulate cell phone use in a multiplicity of ways.  Some completely prohibit the use of cell phones while driving, some mandate the use of hands-free devices while using cell phones, while others list age categories or certain occupations who are prohibited from driving under the influence of cell phones.   

      The consequences of teen drivers driving with distractions are quite scary.  Not to mention, can you imagine the catastrophe that could arise from a tractor trailer driver who would become distracted by these devices?  Many commercial or Over The Road (OTR) truckers utilize a  multiplicity of communication devices that are available within their cab such as e-mail, voice mal, satellite load tracking and other fleet management tools.  Some governmental authorities have even began allowing truckers to electronically log their miles through a satellite communication system within the tractor.

     As you can see, there are a myriad of dangers presented by distracted drivers.  As a community, we need to be aware of the hazards of these devices while driving and take a proactive part in encouraging those around us not to utilize them while we are driving.  Let's not wait until serious injury or death visits our doorstep to take action against a very preventable problem.

     If you have been seriously injured by a technologically distracted driver, contact The Law Firm of Mani Ellis & Layne, in Charleston, West Virginia, to discuss your legal options.