Halifax Personal Injury Lawyer Blog

Last week I posted about how many drivers are not aware of the dangers posed by their car's rear blind spot. Yesterday I asked under what circumstances a persons driving privileges should be restricted.

Today I want to talk about another driver safety issue that is just starting to come to the public's attention. But it is an issue that is going to become more important in the near future. I also want to provide some information that may help improve the safety of our roads and highways.

Why Do I Care?

I represent the family of a young boy who suffered a serious brain injury as a result of a car crash. The driver that injured him, a senior citizen, backed out of her parking spot, accelerated backwards and crushed the child between two cars. The elderly driver had no explanation for how the crash happened.

In the twenty years that I have been representing accident victims I have heard similar stories time and time again.

Number of Elderly Drivers Increasing

There are nearly 3 million elderly drivers in Canada. But as baby boomers get older this figure will increase to more than 6 million within 25 years. According to the Canadian Medical Association Journal by the year 2025 1 in 4 Canadians will be 65 or older.

Drives age 65 or older account for the highest number of fatalities by age group.

Safe to Drive?

The Canadian Medical Association is calling for a simple test to help determine when a senior citizen is safe to drive. Provincial laws place an obligation on doctors to notify authorities if they suspect their patients are not safe to drive.

No Standards in Place

There is no set age that determines when a person should stop driving. However, in 2009 the Canadian Association of Occupational Therapists launched a research program to study driver safety for senior citizens.

Their research indicates that older drivers can be re-trained to improve their response times, increase their flexibility to allow them to do shoulder checks and check behind them and to improve their visual search abilities so they can be more aware of road hazards.

A Few Simple Questions

The Association’s website offers simple questions that senior citizens (or their family members)can ask which may indicate that the driver should be tested.

The questions include:

1. Have you noticed a change in your driving skills?
2. Do other drivers frequently honk their horn at you or show signs of irritation?
3. Have you lost confidence in your driving ability?
4. Have friends or family refused to drive with you?

No Call To Remove Driving Privileges

Surveys show that the majority of Canadians do not want to see elderly drivers stripped of their driving privileges. There is no question that many seniors are safe and capable drivers. My great uncle was driving safely when he was 90 years old!

Drivers Need to Take Personal Responsibility

But ever individual is different and each person has to be aware of how their own driving abilities may have deteriorated and the risks that this poses to themselves and other drivers and pedestrians.

What's The Answer?

So what do you think? Is the answer mandatory driver testing after a certain age? Increased public education?

More Information:

Traffic Injury Research Foundation

Senior Driver Safety Tips

Continue reading " Elderly Drivers: How old is too old? " »

A research study conducted by the University of Toronto over 7 years has found that teenage boys with Attention Deficit Hyperactive Disorder (ADHD) have a 35% higher risk of being hurt in car accidents, whether they are the driver or just a pedestrian.

The lead author of this study, Dr. Donald Redelmeier said that teenagers with ADHD:

“Should wear seatbelts, avoid excessive speed, restrict the use of alcohol and avoid distractions such as having a lot of passengers in the car and using a cell phone.”

Well duh!

At the risk of stating the obvious, all of the actions recommended by Dr. Redelmeier are things any reasonable, careful, and prudent person should do in order to reduce their risk of injury or accidents.

The problem, of course, is that teenagers, especially teenages with ADHD, are not always reasonable or prudent.

Medical Restrictions?

The question is whether persons with ADHD should have restrictions placed on their driver’s license. Just like people with reduced vision have restrictions placed on their driving privileges that require them to wear glasses when they drive.

Redelmeier told the Montreal Gazette:

"Maybe ADHD ought to be considered just like diabetes, epilepsy . . . or narcolepsy — that is the patient must show they are in good medical condition if they wish to maintain their driver's licence..."

The study points out that the increased risk to teenagers with ADHD is the same as for people with epilepsy. Every province in Canada has legislation that places some limits on the driving privileges of persons with epilepsy.

So what do you think? Should persons with ADHD have their driving privileges restricted?

What about senior citizens if age effects their sight or reflexes?

Let me know what you think.

Darren Cossar, Executive Director of Hockey Nova Scotia, has announced that the organization has approved a new policy to address concussions in children playing minor hockey.

The Globe & Mail reported Cossar as saying: “We’ve finalized concussion policy for return to play…the onus is on the coach that any player who is suspected of having a concussion has to be examined by a doctor before returning to play.”

Hockey Canada recently released the results of the Hockey Concussion Education Project which revealed a frequency of concussion in minor hockey that was 7x higher then previously thought. The authors of the report called concussions an “epidemic”.

It looks like amateur sports are finally starting to get the message. Concussions are serious injuries that can have permanent and lasting consequences.

More Information

What is a Mild Traumatic Brain Injury?

Concussions: Causes, Symptoms, Diagnosis and Treatment

8 Myths of Traumatic Brain Injury

Sports Concussions: Bryant Gumbel

Everyone who has learned to drive knows that all vehicles have “blind spots” in the back, sides and corners where the vehicles rear view or side view mirrors don’t provide adequate visibility.

Children Injured Every Day

Everyday, young children are injured when they are backed over by a motor vehicle. More than 70% of children injured in “backing up” accidents are hit by a driver who’s related to them, usually their parent.

Young children are particularly at risk. Toddlers up to 2 years of age represent 70% of all backing up victims. Young children simply don’t understand the danger posed by moving vehicles.

Blind Spot Increases with Vehicle Size

As the popularity of passenger vans, SUVs and pickup trucks has grown in North America, vehicles have gotten longer, higher and larger and the blind spots for these vehicles have gotten bigger.

Drivers are often to blame because they don’t understand, or underestimate, the risk presented by blind spots.

Edmunds.com conducted tests that showed for the average driver in a sedan the blind spot extends up to 10 feet behind the vehicle. For SUVs the blind spot is more than 20 feet and for a pickup truck is more than 30 feet! The shorter the driver is the larger the blind spot.

Completely Preventable

Fortunately, backings up accidents are preventable. Newer vehicles can be purchased with video cameras or rear sensor systems. After market products can be purchased so that older vehicles can have these systems installed.

Safety Doesn’t Have to Cost

Drivers don’t have to spend money to protect the safety of their children. There are a number of simple things that drivers can do to reduce the risk of backing up accidents.

Here is a list of safety tips to prevent or reduce backing up accidents. Although some of the tips may seem like common sense, as the old saying goes: “common sense is not all that common”.

1. Take a look behind your car before backing up.

2. Be aware of where your children are!

3. Tell children to move away from your vehicle before you move it.

4. Teach them! Teach your children that parked vehicles can move suddenly. Tell them that even though they can see the car, the driver may not be able to see them.

5. Know that steep hills and larger vehicles increase the size of the blind spot behind the vehicle.

6. Keep bicycles, toys and sports equipment out of your driveway.

7. Most Important. Pay attention!

The American Academy of Neurology (AAN) has issued a new physician’s statement with five recommendations for management of concussions in sports.

Concussion = Brain Injury

As I have explained here before, a concussion is, in fact, a minor traumatic brain injury.

For more information, take a look at these posts:

Brain Injury Myth: Mild Traumatic Brain Injury is not Disabling

Brain Injury Myth - Mild Traumatic Brain Injury Isn’t Permanent

Brain Injury Myth - Children Recover Quickly From Brain Injury

Brain Injury Myth - Effects of Brain Injury can be Identified Immediately

Unfortunately, the public in general and student athletes, coaches and referees in particular still don’t seem to be aware of the potentially devastating effects of concussions.

Concussions Can Have "Catastrophic" Effects

The majority of concussions resolve without any long-term consequences. However, Dr. Jeffrey Kutcher Chair of the AAN Sports Neurology Section points out that:

“Catastrophic results can occur and we do not yet know the long term effects of multiple concussions … We owe it to athletes to advocate for policy measures that promote high quality, safe care for those participating in contact sports.”

Take Time to Recover

The AAN recommends that athletes who suffer a concussion should not be allowed to participate in sports as long as they are suffering from symptoms of a concussion.

Medical Exams Needed

The report also recommends that a neurologist or a doctor with special training should be required to clear the athlete because they can return to their sporting activities.

More Education

The AAN recommends that education efforts should be maximized to improve the understanding of sports concussion by all athletes, parents and coaches. This is the recommendation that I think is likely to have the most positive effect.

I have lobbied for greater education for parents, athletes and coaches about the effects of minor traumatic brain injury.

Until the public is aware of the potentially devastating effects of brain injury due to concussions, children are going to continue to be hurt and disabled due to this entirely preventable injury.

Continue reading " Brain Injury Claims: Doctors Call for New Rules for Athletes with Concussions " »

According to a medical study released in Toronto on Monday, 25% of junior hockey players on the two teams that were the subject of the study suffered concussions (minor traumatic brain injuries) last year.

One of the co-authors of this study, Dr. Paul Echlin called the results “alarming”.

Multiple Injuries

Echlin said that 29% of the players studied who had a concussion ended up suffering from multiple concussions.

The authors point to the United States where 9 states have passed laws making concussion education mandatory for players, coaches and parents. Those states also require players to have a doctor’s letter before they can return to play.

More Leadership Needed

One of the co-authors of the study, Dr. Michael Cusimano wants to see Hockey Canada, the NHL and minor hockey leagues around the country to show more leadership regarding the issue of concussion prevention:

“This is a time we need real leadership because this season there is going to be at least 15,000 to 20,000 kids who suffer concussions needlessly … giving a two minute penalty or one game suspension is going to do nothing.”

The Canadian medical study, called The Hockey Education Concussion Project determined that athletes were suffering concussions at a rate 3 times higher than previously thought.

The study highlights the need for greater education to help athletes, coaches and parents identify the symptoms of mild traumatic brain injury.

Epidemic

Dr. Echlin suggested that concussions are: “occurring at epidemic proportions”.

Tip of the Iceberg

Echlin pointed out that the number of concussions being diagnosed is likely just the tip of the iceberg. He said:

“Those are conservative numbers because of those who have not come forward or those undiagnosed”.

Does Peer Pressure Play a Part?

There is a tremendous culture in sports to “shake it off” and return to play. Athletes are afraid to admit they are hurt because they don’t want to loose playing time. Coaches don’t want to lose star players and parents don’t realize the risks that their children are facing.

What Do You Think?

Are parents, players and coaches ignoring the problem or do they just not realize the risk they are running?

What do you think needs to be done? Let me know in the comments.

Continue reading " 25% of Junior Hockey Players Suffer Brain Injuries: Ontario Medical Study " »