Concussion Complications - Bailey Javins & Carter

Second Impact Syndrome and other Concussion Complications

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A concussion is a traumatic brain injury (TBI) that is considered by many medical professionals to be a milder form of TBI. According to the Centers for Disease Control and Prevention, concussions are “caused by a bump, blow, or jolt to the head or by a hit to the body that causes the head and brain to move rapidly back and forth. This sudden movement can cause the brain to bounce around or twist in the skull, creating chemical changes in the brain and sometimes stretching and damaging brain cells.”

The effects of a concussion are usually temporary, and signs and symptoms may include:

  • Temporary loss of consciousness
  • Headaches or head pressure
  • Ringing in the ears
  • Dizziness
  • Nausea and vomiting
  • Confusion
  • Fatigue
  • Memory loss
  • Slurred speech
  • Delayed response to questions
  • Irritability
  • Mood and personality changes

Some symptoms of a concussion may surface immediately, while others may take a few hours or even a few days or longer to develop.

Although a concussion may be considered “mild” compared to other forms of TBI, there are serious complications that can result from this type of injury. The Mayo Clinic lists several potential concussion complications:

  • Post-Traumatic Headaches: Some concussion sufferers experience ongoing headaches for as long as a few months after the injury occurs.
  • Post-Traumatic Vertigo: Dizziness or a sense that your head is spinning around can continue for as long as a few months after the injury.
  • Post-Concussion Syndrome: Headaches, dizziness, trouble thinking clearly/confusion, and other concussion symptoms can continue for several weeks or months after the injury occurs.
  • Cumulative Affects of Multiple Brain Injuries: The Mayo Clinic says, “it’s possible that some people who have had one or more traumatic brain injuries over the course of their lives are at greater risk of developing lasting, possibly progressive, impairment that limits function. This is an area of active research.”
  • Second-Impact Syndrome (SIS): This is a rare condition in which an individual suffers a second concussion before their first concussion has fully healed. When this occurs, it can cause rapid and severe brain swelling, and in many cases, the results can be swift and fatal.

The Dangers of Second-Impact Syndrome

Although SIS is a rare condition, it is more common among certain sectors of the population, such as athletes. That said, second-impact syndrome can happen to anyone who sustains multiple concussions within a short period of time. For example, if someone was unfortunate enough to be involved in two high-impact vehicle crashes within a few days of each other, they may be at risk for SIS.

Second-impact syndrome occurs most often with younger athletes (typically around high school age) who play high-impact sports. Although SIS is rare, some of the factors that contribute to this injury among young athletes are not. For example, it is not unusual for an athlete (who is in the midst of an adrenaline rush) not to notice a head injury and continue to play. As an aside, it is common for those involved in motor vehicle accidents to experience this same type of adrenaline rush, which may cause them not to notice various injuries until later on.

Even if the athlete feels the effects of a head injury, they may not think it is all that serious, so they don’t report it to a coach or parent. There may also be pressure put on the athlete (internally or externally) to continue playing in spite of the injury. The risk of second-impact syndrome and the depth of information now being learned about the cumulative effects of multiple brain injuries are major reasons the National Football League (NFL) now uses a concussion protocol.

To prevent second-impact syndrome from occurring and to minimize other concussion complications, it is important for those who experience any type of head trauma due to an accident or from playing sports to be examined right away by a qualified medical professional. It is also important to do everything possible to avoid another bump, jolt, or blow to the head while they are recovering from their current injury.

Suffered a Head Injury? Contact a Seasoned West Virginia Personal Injury Lawyer

If you or someone close to you has suffered a concussion or another form of traumatic brain injury and another party may have been responsible, it is important for you to understand your rights and legal options. For skilled legal guidance with all types of personal injuries in West Virginia, call Bailey, Javins, and Carter L.C. today at (800) 497-0234 or (800) 296-6979 for a free consultation. You may also send us a message through our web contact form.

Truck Accident Attorneys - Bailey Javins & Carter

Accidents with Poorly Loaded Trucks

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Trucking accidents are some of the deadliest that occur on the roadways. Thousands of individuals are killed each year in accidents involving commercial trucks, and the vast majority of those killed are occupants of passenger vehicles, motorcyclists, bicyclists, and pedestrians who are involved in these incidents. There are numerous reasons 18-wheeler accidents occur, and with many of these accidents, there are several contributing factors.

For example, an accident may occur because the truck driver is too close to the vehicle in front of them and unable to stop in time to avoid a crash when the other vehicle slowed down. However, upon further investigation, we may learn that the brake lines were faulty, which shortened the truck’s braking distance. We may also learn that the driver was tired and not paying close enough attention to the vehicle in front of them because they were on the road for too long.

Some of the most serious trucking accidents are caused by overloaded trucks or trucks with unevenly loaded cargo. Loaded commercial trucks typically weigh 80,000 pounds or more. And when they are overloaded or poorly loaded, they can create all kinds of hazards, such as:

  • Cargo falling out of the truck and striking other vehicles or individuals nearby;
  • Putting extra strain on key truck parts, such as the frame, suspension, springs, brakes, and tires;
  • Increased risk of jackknifing, tipping, or decoupling.

Last August, a semi-truck carrying 40,000 pounds of Hershey products rolled unto its side while traveling on Interstate 470 in Ohio County, WV. The accident resulted in hundreds of pounds of sweet treats being dumped onto the road. Thankfully, no one was hurt when the truck was tipped to its side, but this is an example of what can happen with poorly loaded trucks.

The Federal Motor Carrier Safety Administration (FMCSA) sets the Cargo Securement Rules for commercial vehicles. These rules state the following:

Cargo must be firmly immobilized or secured on or within a vehicle by structures of adequate strength, dunnage (loose materials used to support and protect cargo) or dunnage bags (inflatable bags intended to fill space between articles of cargo or between cargo and the wall of the vehicle), shoring bars, tiedowns or a combination of these.

Unfortunately, FMCSA standards are not always followed when trucks are loaded. Drivers and shipping companies are typically working under very tight (and often unrealistic) deadlines. This puts pressure on those loading the trucks to complete this task promptly. Trucks may also be loaded beyond their allowed weight limits when shippers are trying to consolidate more cargo into one load in order to save money.

Responsibility of Truckers to Secure their Loads

Both OSHA and the FMCSA have rules regarding how a commercial truck load should be secured. According to OSHA, a maximum legal load can only be achieved when the center of the cargo’s gravity is properly distributed ahead of the rear axle. The cargo must be braced properly and not blocked. Otherwise, there is a greater possibility that it will shift during transit and create a major hazard.

Shifting cargo can create a top-heavy or side-heavy load, which can result in the truck being overturned or flipping onto its side. Unsecured loads can also end up spilling out of the back of the trailer, which could cause severe damage to other vehicles (and injuries to individuals inside them) that are traveling nearby the commercial truck.

The FMCSA provides guidance with regards to the minimum number of tie-downs that are used to secure general cargo. Specifically, there should be one tie-down for items that are 5 feet or less in length and exceed 1,100 pounds. Two tie-downs should be used for items of any weight that are between 5 feet and 10 feet long. There are also commodity-specific requirements that apply to items such as logs and dressed lumber, concrete pipes, heavy vehicles, large boulders, and other specialty items.

How Poorly Loaded Trucks Can Cause Big-Rig Accidents

Overloaded trucks or imbalanced loads are often one of the hidden causes of a trucking accident. For example, jackknifing, tipping, and decoupling can happen for a number of reasons, such as ice, heavy winds, and other types of inclement weather. However, overweight trucks or poorly balanced loads can contribute to this situation.

Those who drive passenger vehicles probably do not think much about weight distribution most of the time, but it makes a big difference with an 18-wheeler. As mentioned earlier, a fully-loaded big-rig truck typically carries upwards of 80,000 pounds or more. A truck with too much weight or a truck with a poorly balanced load is much more difficult to handle even under the best of conditions. But when these trucks start driving up curvy, winding, mountain roads like what we have here in West Virginia, sometimes all it takes is a moderate gust of wind and/or a little bit of rain or ice to create an accident.

Injured in a Truck Accident in West Virginia? Contact a Nationally-Recognized Personal Injury Attorney

Accidents with commercial trucks can be highly complex cases because there are typically multiple contributing factors and several parties that could potentially be responsible. To get to the bottom of what happened, a thorough investigation is required, and this should be headed up by attorneys who thoroughly understand this area of the law and what it takes to recover full and fair compensation in these types of cases.

At Bailey, Javins, and Carter L.C., we have successfully represented countless individuals who have been injured in trucking accidents and all other types of personal injuries. We have over four decades of experience, and we have been highly acclaimed not only for our experience and skill, but also for our client-centered focus and our tireless commitment to providing the strong personalized representation our clients deserve. For a free consultation with one of our seasoned attorneys, contact our office today at (800) 497-0234 or (800) 296-6979, or send us a message through our online contact form.