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Massachusetts’ Court Decision to Educate Defendant on TBI

Massachusetts tri-athlete Kenneth L. McDonnell, 58, was struck by a woman straying into the breakdown lane by her car while bicycling last fall, leaving him seriously injured. The woman was sentenced to one year probation, $350 in court fees and 100 hours of community service in a hospital or nursing home after her negligence caused a traumatic brain injury in the bicyclist. What makes this case interesting is that she must also complete the Brains at Risk program which is an “awareness and prevention court referral program that links dangerous driving behaviors to the devastating effects of traumatic brain injury,” according to the Brain Injury Association of Massachusetts’ website. McDonnell who is biking again was initially given a 1-in 4 chance of survival. He said doctors credit the fact that he was in good physical condition at the time of the accident which probably saved his life. McDonnell said he was wearing a helmet at the time, but it was smashed when he flew off his bike and onto the car. He said the brain injury has left him with short-term memory problems and personality changes. The court ruling is disappointing because he has little financial support while seeking a full-time position that allows for the uniqueness of his injury.

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