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Atlanta personal injury lawyer blog Wednesday, February 3, 2010

  Elderly Mobility Scooter Driver Dies after Accident

A recent upswing in the use of scooters, motorized wheelchairs and other mobility devices has allowed those with diminished mobility - such as the elderly - to move about more freely than they have in the past. There is no doubt that the access to this technology, both through improvements in the mobility devices themselves and by way of greater availability, has improved the lives of many people who would otherwise find themselves with little or no ability to get around. These devices offer those who use them an increased degree of independence.

However, they also present challenges. As a society, it seems that we are still adjusting to this increased presence, and as such there are sometimes insufficient laws in place to protect scooter drivers, motorists and pedestrians in incidents where mobility scooters are a factor.

Franklin Flynn, a seventy-one year old Marietta man, died last week after an moving vehicle accident when his electric mobility scooter was struck by a sports utility vehicle.

Flynn was riding his electric scooter, a Hoveround, south in a northbound lane of traffic when he was struck by a Chevrolet Tahoe turning south out of a parking lot, according to police. Flynn was taken to Wellstar Kennestone Hospital, where he died several days later. The driver of the Tahoe was not charged in the accident.

In incidents like this, the course of action that law enforcement should take is sometimes unclear, due in part to the nature of mobility scooters. The exact safety and etiquette for scooters and scooter/driver interaction is often poorly defined. Are scooters treated like pedestrians? Cyclists? Are there explicit rules to govern their use on sidewalks? On streets? These questions are frustrating as well as relevant.

In the UK, the question has been taken a step farther to wonder if people who drive mobility scooters ought to receive training for them. After a spate of accidents involving elderly drivers on scooters injuring or, as in the case of a ninety year old who was struck while in a crosswalk, even killing others on the road, the Norfolk, Virginia Police began offering a voluntary training class for scooter drivers.

"We have listened to the issues and concerns of the public and, with the help of our partners, have developed a mobility scooter awareness course that enhances the users’ ability to use their scooter in a safe and appropriate manner," said a spokesman for the Norfolk Police.

While this seems like a sound start, and perhaps we can eventually see some sort of training programs in place stateside, it also seems to sidestep the other half of this equation. Safer driving on the part of scooters can hardly be a bad idea, but what about the drivers and pedestrians that they share the pavement with? Learning and understanding how mobility scooters and those around them can most safely coexist will, without a doubt, become a priority in years to come, and hopefully one day will lead to fewer accidents like that which killed Franklin Flynn.

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Friday, November 27, 2009

  Nine Year Old Recovering After Being Pinned Under Car

The incident took place Sunday, November 15th outside a Whole Foods on Roswell Road. Sandy Springs police responded to reports of an accident involving a young girl.

Outside the grocery store, they discovered that the girl, whose name has not been released, had been pinned under a car as she and her mother exited the building. The officers found that the driver, a seventy year old man, had briefly lost control of his car. The vehicle backed into a cement planter, then over the girl.

The girl was taken to Children's Healthcare of Atlanta at Scottish Rite, where she received treatment for severe abrasions. Luckily, she suffered no broken bones or head injuries. Several hours later, she was released from the hospital to recover in her family’s home.

It seems that the planter is to thank that the girl was not injured worse. Lt. Steve Rose, spokesman for the Sandy Springs Police Department, explained that the cement planter absorbed most of the car’s impact before it reached the child, protecting her from further injury.

No charges have been filed in this incident.

This incident, and those like it, will without a doubt add one more piece of anecdotal evidence to the fierce debate over the safety of elderly drivers. While it is impossible to say whether a younger driver might have had the wherewithal to either regain control of his vehicle more quickly, or even not lose control at the same time, the age of the driver still stands out.

I have mentioned before the challenges of being a society looking ahead to an increasing number of elderly drivers, and the measures some sources are taking to ensure their continued ability.

In the coming decades, one quarter of the American population will be considered elderly. By 2030, a predicted 69 million will be over the age of sixty-five. This change in demographics is driven by both the longer life expectancies of modern Americans, and the inevitable aging of the baby boom generation.

Many of these older drivers will remain safe, responsible motorists, and with the help of a realistic view of aging, we can help all drivers retain the freedom and mobility of having a car, and at the same time protect those with whom they share the roads – and parking lots.

When assessing your own capabilities, it is important to be thoughtful and realistic, and consider not only your driving ability and experience, but also your physical condition. Older drivers can self-evaluate themselves, to some extent, and take actions to protect themselves and others. You should consider your muscle strength, flexibility and range of motion – whether or not you are physically able to see and act in the ways demanding by driving. You should be aware of your coordination and reaction time, and your decision making abilities.

In reality, it is important for all drivers to be honestly aware of their physical abilities, and as we age, this knowledge only becomes more important.

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Monday, November 16, 2009

  How to Prevent Alzheimer's Patients from Wandering Away from Home

Police and family are breathed a sigh of relief last month when the search for Benson Hendrickson, a sixty-one year old Alzheimer’s patient, ended with the man admitted to Grady Hospital. Sandy Springs police had been seeking the man since the night before, when he wandered away from caregivers.

Hendrickson had no memory of how he came to Grady.

No foul play is suspected. The loss of cognition is a fear many of us face in our parents and grandparents. Wandering Alzheimer’s and dementia patients pose a danger to themselves and others, and caregivers may struggle with how to deal with the challenges this poses.

The National Institute of Aging, part of the U.S National Institutes of Health, offers a great deal of advice and information on Alzheimer’s to help caregivers cope with these unique problems.

They suggest several courses of action for wandering. These include insuring that obstacles and hazards which might injure or trip a patient be removed, making sure that the floors and the patient’s shoes help prevent slipping, attempting to remove clues or triggers – things such as keys, hats which might indicate to the patient that they ought to leave – and using locks and locking devices to ensure that the Alzheimer’s patient cannot leave the building. They even suggest using strategically placed signs on doors, reading things like STOP, DO NOT ENTER, or CLOSED.

They recommend medical alert bracelets which specify “memory loss,” as well as identifying tags on clothes, and informing neighbors and area police if you live with someone who is liable to wander.

Most importantly, elderly individuals with a history of wandering should not be left unattended.

Alzheimer’s disease is the most common cause of dementia in adults. It is a degenerative disease which is progressive and irreversible. Because of Alzheimer’s, an estimated 4.5 million Americans suffer from memory loss and impaired intellect. It primarily affects people in their sixties and older, but can on rare occasions strike people much younger.

There is no typical profile for the progression of an Alzheimer’s patient. At this time, it is impossible to tell how quickly the disease will progress, and which symptoms a particular individual might experience. The disease is marked by declining memory and cognitive function, but it can also include changes in behavior, agitation, irritability, or passiveness. They may wander, and they may potentially not be able to tell the difference between day and night. Alzheimer’s patients have been known to wake in the middle of the night, dress, and attempt to leave, believing that it is the beginning of the day.

Wandering becomes a particularly dangerous prospect when we realize that not all Alzheimer’s patients are able to understand and respond to dangerous situations.

Through prevention, understanding, and creativity, it is possible for caregivers to minimize the dangers to Alzheimer’s patients in their care. Understandably, many of us want to be able to keep our loved ones in our homes rather than consigning them to a rest home. The lifestyle, sense of belonging and comfort of a home is like nothing else. With work, caregivers can continue to provide that loving care, without compromising safety.

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Friday, November 6, 2009

  Drive Smart Computer Program Seeks to Preserve Driving Skills Among Elderly

By 2025, one quarter of Americans will be considered elderly, according to Peter Kissinger, president and chief executive of the AAA Foundation for traffic safety. This number does not represent the views of a few, or the lack of respect young Americans have for their elders. Rather, it is based on the basic reality that the Baby Boom generation is moving into their golden years. Next year predicts 39 million Americans over the age of sixty-five, and that number is expected to soar to 69 million by 2030.

The American population is living longer than ever, and with the number of people now approaching, old age, we as a people will find ourselves forced to deal with a new set of problems.

Fortunately, there are forces at work to mitigate the potential obstacles faced by both the aging population and those who share the road with them.

The dangers of older drivers are often difficult to face, but very real. As we age, we face the possibility of slowed physical and mental facilities. Our concentration, decision making abilities, night and peripheral vision, and reaction time can all suffer as we age.

As Bella Dinh-Zarr, the North American director of London based non-profit, Make Roads Safe, recognizes that “we may be wiser drivers when we’re older,” but the fact is that the changes that come with that wisdom can also put us at greater risk.

But help will is available. The AAA Foundation has recently announced a new computer program designed specifically for the purpose of helping older drivers retain the skills necessary for safe driving. The software, called Drive Sharp, released in partnership with brain fitness program provider Posit Science, is intended to delay the degeneration associated with aging by retraining the brain.

Drive Sharp uses two interactive exercises to improve a number of important skills, including the ability to track multiple objects, focus, and memory. These skills will help older drivers to navigate the complex and often fast paced situations of everyday driving can present – for example a busy intersection or understanding the flow of congested traffic.

“Most people buy into the ‘use-it-or-lose-it’ philosophy with respect to physical abilities,” said Kissinger about the program. “But the bottom line is, it’s the same thing with the brain – the most important muscle in your body.”

The point is very clear, and fits well with the increasing market of games and activities aimed at older individuals to help retain their mental function. While many of us like to believe that once we attain a skill, it becomes “just like riding a bike,” the fact is that it is not the case. Those capabilities and skills that we do not use regularly atrophy and eventually fade. As difficult as it may be for us to accept at times, understanding this may well allow us to take steps to insure that we can delay the eventuality of giving up driving and all of the independence and freedom it represents. Dinh-Zarr and Kissinger are both optimistic as to this program’s potential to do just that.

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