Year in and year out, over 200 New Mexicans die because of crash caused by a drunk driver. That is almost half of the
people killed here in any kind of motor vehicle crash each year. (I am told these figures come from the National Highway Traffic Safety Administration.)
And it gets worse. Approximately 1745 New Mexicans were hospitalized with a brain injury in 2001, and alcohol was a
significant factor in approximately 50% of those brain injuries. (Most of the statistics in this article come from a very useful handbook: the New Mexico Traumatic Brain Injury Resource Manual
(“TBI Manual”), available from the New Mexico Brain Injury Advisory Council, <www.nmbiac.com> or 1-800-311-2229)
I represent, and have represented, many persons who have been injured because of people driving while DWI and DUI, and numerous
families of those who have died because of a drunk driver. It isn’t pretty. Often, families are torn apart because of the death of a loved one, or sometimes maybe even worse, because
a loved one has suffered a devastating “traumatic brain injury” (“TBI”).
One of the ironies of drunk driving crashes is that it is often not the drunk driver himself who is killed or who suffers the
brain injury. Why? Because the drunk is nice and relaxed when the impact happens, while the innocent victims often see the car coming at them and naturally tense up. This can lead to
more serious injuries and death.
Why do we have such a problem with drunk driving in New Mexico and why are there so many DWI & DUI crashes? I am not
going to try to answer those questions in this article, concentrating more here on the effects of those drunk driving crashes. But, I cannot resist making a few comments from personal
observations. In New Mexico, especially outside the Albuquerque/Santa Fe area, there has been a love-hate relationship with drinking alcohol. We say we disapprove of it and pass laws
restricting the sale and use of alcohol. But, we love to drink beer and other alcoholic beverages.
I have lived in Southern New Mexico for most of my life. Until a few years ago, if most anyone I knew was going to go
out-of-town, say to Albuquerque, or even up the road to Elephant Butte, the last stop on the way out of town was at a drive-thru window at a package liquor store or supermarket. A 6-pack per
person was needed for the drive there. While it is now illegal to have an ‘open container’ in a vehicle, if one goes to a party or goes out for an evening on the town, someone who
had a few ‘open containers’ may now be driving.
And our roads make it especially dangerous to be on the road at the same time as a drunk driver. For instance, we have had
a rash of bad crashes because of cars going the wrong way on the Interstate, then hitting victims’ cars head-on. These kind of crashes often lead to death or ‘traumatic brain
injuries’. The drivers of the wrong-way vehicles are usually drunk. So, it is their fault, but that is little consolation to the victims and their families. In the newspaper
articles about these head-on Interstate crashes highway officials are often quoted that they checked, and all the warning signs that are supposed to be up were properly located and
installed. So, I guess the state highway department concludes there is nothing they need to do. Well, given how often people go the wrong way, by definition there must be more the highway
department needs to do to protect us. By definition, there are more or different signs, warnings, or other protective devices called-for. But do not hold your breath waiting for them to do
anything, because they have checked, and all the signs that they put up are still up, so no more needs to be done. My guess is we will have to wait until a family member of a state highway
official gets maimed or killed before they do something.
Oh that’s right, I was going to talk about the effects of drunk driving crashes on the victims. The effects on the
victims’ families are pretty clear when the victim dies. But, what about when the victim lives, but has a ‘traumatic brain injury’?
First, what is a ‘traumatic brain injury’? This is what the TBI Manual says:
“The brain controls everything we do, say, feel, and think. It controls the very functions that keep us alive
including our breathing, circulation, digestion, hormones, and immune system. The brain allows us to experience emotion and express ourselves. Damage to this vital organ can have far
reaching implications and significantly impact an individual’s life and the lives of those around them for the rest of their lives.
A traumatic brain injury (TBI) is an insult to the brain caused by an external physical force that can produce a diminished
or altered state of consciousness (such as a coma). A TBI can result in physical, psychological, behavioral or emotional impairments and may be temporary or permanent. It can cause
partial or total disability. A TBI does not include degenerative (brain disease) or congenital (hereditary) injuries. Causes of TBIs include motor vehicle accidents, assaults, falls,
sports injuries, bicycle and pedestrian accidents, and shaking babies.”
The TBI Manual lists many interesting statistics, including: Every year, one and a half million Americans sustain a TBI, and
more than 50,000 of them die. Alcohol is involved over half the time, and males between 15 to 24 years old are at highest risk of a brain injury, because of their risk-taking behaviors and
lifestyles. “Vehicle crashes are the primary cause of brain injury for all age groups.”
The “Social Implications” of Traumatic Brain Injuries are stunning. The TBI Manual lists:
- The divorce rate for individuals with a traumatic brain injury is significantly higher than for the rest of the population.
- Loss of employment or not being able to hold a job is significantly higher than for the non-brain-injured population.
- Social reasoning skills are diminished in individuals with brain injury. They may not be able to consider
alternative approaches to a situation, are not able to plan ahead and may respond to a situation so that they may receive immediate gratification without thinking of the consequences of their
actions. They may not be able to process more long-term goals.
- Judgment can change and they make poor decisions.
- Social isolation is significant. Individuals withdraw form family, friends and others.
Participation in social activities can be one of the greatest challenges to people with brain injury. Social understanding
and judgment involves complex thinking processes. Even several years post-injury, many people with traumatic brain injury continue to experience problems with social interactions. These
social implications are startling and have devastating effects on the individual with a brain injury, family members, friends and others with whom the individual comes in contact. Brain injury
impacts countless people across the country every year. Many will experience social challenges for the rest of their lives.
People who receive a traumatic brain injury can be successfully treated. For many years, I have been helping people who
have been injured by negligent truckers and others get the money they need to get the treatment they need.
