Personal Injury

Minor Traumatic Brain Injury Myths Dispelled

May 23, 2016 No Comments

Traumatic brain injury, concussions, and chronic traumatic encephalopathy (CTE) have been regular topics in the news, sports, and entertainment. Public awareness of these injuries is at an all time high thanks to movies like Concussion and as a result of the recent NFL settlements with former players. Even with this heightened public awareness, many people do not have a clear understanding of what constitutes a traumatic brain injury. Below, we dispel four myths about minor traumatic brain injuries: Traumatic Brain Injury Myth 1: You did not suffer a traumatic brain injury if you did not lose consciousness. Fact: Traumatic brain injuries, concussions and even CTE can occur after a head injury even if the victim never lost consciousness. Although someone who loses consciousness after a head injury is more likely to have suffered a traumatic brain injury, even those who do not lose consciousness may suffer serious and life-altering consequences of traumatic brain injury. Traumatic Brain Injury Myth 2: Traumatic brain injuries always result in a decrease in intellect. Fact: There are many different symptoms that can occur with a traumatic brain injury and a decrease in intellectual ability is only one of them. The symptoms of a traumatic brain injury depend on what part of the brain was injured. It is possible for a victim to maintain his or her I.Q. after a brain injury, but have struggles with work or school due to symptoms such as chronic headaches, dizziness, light sensitivity, sound sensitivity, depression, or short term memory loss. Other symptoms can include changes in the sense of smell or taste, visual disturbances, language difficulties, seizures, sleep disturbances or loss of coordination or spatial awareness. Some victims (or their loved ones) report changes in mood, personality, or energy level. Some pre-existing conditions such as insomnia or depression can make recovery from a traumatic brain injury more difficult. An experienced brain injury lawyer can help you locate qualified medical professionals to diagnose and treat these injuries. Traumatic Brain Injury Myth 3: Traumatic brain injuries only occur when something strikes the head. Fact: Traumatic brain injuries can occur when the brain suddenly moves within the skull due to rotational forces or sudden motion. The inside of the skull has bumps and ridges that can cause bruising or other damage to the brain if the head suddenly changes direction. For example, in an automobile accident, the victim may be sitting in a car that is moving at a speed of 70 m.p.h. If the vehicle hits a fixed object, the car and the driver will suddenly stop. This causes the brain to move forward or backwards in the skull. The brain can be injured as it moves within the skull even if the skull itself never strikes the steering wheel or another object. This type of force can cause a concussion or in severe cases, a subdural hematoma or subarachnoid hemorrhage (two types of brain bleed). Although a football player may suffer a traumatic brain injury as a result of helmet to helmet contact, it is also possible for a player to suffer a a traumatic brain injury by being suddenly slammed to the ground without hitting his head. Traumatic Brain Injury Myth 4: If a concussion doesn’t resolve relatively quickly, the person claiming a brain injury is faking. Fact: Everyone is different. Although the majority of concussions resolve within a matter of weeks or months, statistically we know that some victims will be plagued by brain injury symptoms for years or even the rest of their lives. The fact that the majority of concussions resolve does not mean that those that do not resolve are not real. If the brain injury is the result of someone else’s negligence, it is important to have a qualified brain injury lawyer who understands the situation and who will pull together a team of experts to prove the nature of the injury.

Texting and Driving Causes Car Accidents. Period.

May 11, 2016 No Comments

The National Safety Council has designated April “Distracted Driving Awareness Month.” Texting and driving has become one of the biggest distractions to drivers on Kansas City roads, and a growing number of car accidents are being caused by it. The NSC says it’s time to Take Back Your Drive. The National Highway Traffic Safety Association previously estimated distraction to be a factor in only about 14 percent of all teen driver crashes. But a March 2015 study by researchers with the AAA Foundation for Traffic Safety revealed that distracted driving is a factor in almost six out of 10 moderate to severe car accidents involving teenage drivers. That’s four times the rate cited in many previous estimates. The study examined in-car videos that showed what teen drivers were doing in the seconds before a wreck, and the results reinforced suspicions of Kansas City area traffic safety officials who believe distracted-driving incidents involving teens is greatly underreported. Researchers studied almost 1,700 videos, and reported that distraction figured into 58 percent of the car accidents observed. According to the researchers, the videos will make you cringe as you watch young people stare at cellphones or talk with friends while their cars drift back and forth between lanes, dart off the road or come up suddenly on vehicles ahead of them. Missouri’s Stance on Texting & Driving Currently, Missouri has a ban on texting and driving only for novice drivers (Missouri defines “novice driver” as a driver age 21 and under). If you get caught texting and driving in Missouri and you’re under the age of 22, you could receive a fine, reports Arrive Alive. Legislation in Missouri is pending that would extend the ban on texting and driving to drivers of all ages. Missouri has multiple campaigns dedicated to safe driving including Arrive Alive, sponsored by the Missouri Coalition for Roadway Safety. Kansas’ Stance on Texting & Driving Between 2009 and 2014, an average of 92 died each year in Kansas due to distracted driving, according to KDOT statistics. That means distracted driving contributed to nearly one in four fatalities. As a result, Kansas state law now prohibits drivers from using a cellphone to text or send emails. A proposed Kansas bill also would prohibit drivers from talking on a cellphone but still allow use of a hands-free device, but the bill’s chances appear slim. Texting and Car Accidents – Fast Facts In 2012, more than 420,000 people were injured in crashes involving a distracted driver.[1] The US Department of Transportation recently noted that the use of cell phones while driving plays a role in 1.6 million auto crashes each year, causing 500,000 injuries and 6,000 deaths. In a recent study released by Virginia Tech Transportation Institute it was found that truck drivers are 23 times more likely to be involved in trucking accidents when using cell phones for texting. The study also showed that the risk was considerably higher for those dialing or texting than it was for those simply speaking on their cell phones. Driving at only 55mph, you can cover the distance of a football field in the time it takes to glance at your phone for under 5 seconds. And we all know the devastation that can occur in “the blink of an eye,” let alone in a full “5-mississippi.” If texting and driving has become a habit, it could take some time to get used to just focusing on the task of driving. While behind the wheel, you’ll need to make a conscious choice to not pick up your phone. You can turn your phone off and stow it in a place that can’t be reached, or you can rely on self-control. Ask your friends and family to keep you accountable as well. Share your no-phone pledge with them and ask them to check-in on you every week. There are numerous third-party Apps available for use by parents and adults, including ones that block texting while driving (Cellcontrol, Drive Safe Mode, Live2Txt), and others that encourage you to be an all-around safer driver (SafeDrive, Drivemode, Drivesafe.ly) Some cellphone companies are also trying to do their part to help, including the AT&T DriveMode app for iPhone and the Sprint Drive First app for Android devices. Taking a stand to drive distraction-free is well worth it. Not only will you help make the roads a safer place for everyone, you just might save your own life. [1] “Distracted Driving – Key Facts and Statistics.” Distraction.gov. National Highway Traffic Safety Administration. http://www.distraction.gov/content/get-the-facts/facts-and-statistics.html.

Drunk Driving Accident – The Party’s Over

May 11, 2016 No Comments

Nobody starts their night-out saying “I hope I hurt or kill somebody tonight in a drunk driving accident.” But if you or somebody you care about is choosing to drink and drive, these are the real consequences waiting on the other side of that decision. Unfortunately, I’ve seen the devastating impact these consequences have had on our clients who have suffered personal injury, or the wrongful death of a loved one, at the hands of a drunk driver. Thankfully, many organizations are trying to do something about this epidemic. The City of Overland Park, Kansas is taking one such step by having the Overland Park Police Department conduct a DUI Saturation Patrol on Thursday, May 5, 2016 from 10pm – 2am. #dontdrinkanddrive In the recent past, organizations like The National Highway Traffic Safety Administration, MoDOT’s Traffic and Highway Safety Division, the Kansas Highway Patrol, the Missouri State Highway Patrol, and law enforcement from Missouri and Kansas have initiated programs like “Operation Impact” and “Choose Your Ride.” Through these programs, these organizations illustrate the choices and consequences of drinking and driving to local students and residents through additional patrol cars, sobriety checkpoint vehicles, taxi cabs, and . . . a hearse on display. They also choose the timing of their events to coincide with spring break for many universities and colleges, and when St. Patrick’s Day events and basketball tournaments are under way thus putting celebrating foremost on the minds of young drivers. One small way the attorneys and staff at Morefield Speicher Bachman have chosen to help is by supporting Mothers Against Drunk Driving (MAAD) by participating in their “Walk Like MAAD” event on June 11, 2016. Our goal is to raise $2,500 to go toward mission critical funds to put an end to the 100 percent preventable crime of drunk driving. In addition to raising funds, Walk Like MADD also provides an outlet for those impacted by a drunk driving accident to channel their grief into hope and healing, and provides communities the chance to surround and support those hurting by taking action to prevent others from suffering because of drunk driving. If, like us, you want to take at least one small step to help stop this problem, you can start by: Making a donation now and help us reach our fundraising goal Walking alongside us and taking steps to stop this violent crime, or Spreading the word about Walk Like MADD using the hashtag #DrunkDrivingEndsHere. We hope you’ll join our efforts to put an end to drunk and impaired driving. Mothers Against Drunk Driving® (MADD) was founded by a mother whose daughter was killed by a drunk driver. MADD is the nation’s largest nonprofit working to protect families from drunk driving, drugged driving, and underage drinking. MADD also supports drunk and drugged driving victims and survivors at no charge through local MADD victim advocates and its 24-Hour Victim Helpline 1-877-MADD-HELP.

Motorcycle Accident: Does a Helmet Help My Case?

April 15, 2016 No Comments

We hear the question a lot. “If I am injured in a motorcycle accident without wearing a helmet, can I still recover for my injuries, medical bills, and lost wages? The answer depends on where the motorcycle accident happened. In Kansas, the law does not require motorcyclists to wear a helmet. Therefore, no comparative fault can be assessed against the rider if the accident happened in Kansas. Still, it is wise to wear a helmet. Even though a Kansas jury cannot assess fault for failing to wear a helmet, it is not uncommon for members of the jury to carry some prejudice against a rider who chose not to wear a helmet. This may cause the jury to have a lesser opinion of your claimed injuries and the resulting damages. Missouri law does require motorcyclists to wear a helmet. Therefore, if the motorcycle accident occurs in Missouri and the rider suffers injuries related to head trauma, the defendant can argue that the plaintiff was partially at fault for causing his or her own injuries and damages by not wearing a helmet. A helmet-less rider that suffers traumatic brain injury, concussion, or other injury to his head as a result of the negligence or inattention of another driver may still be able to recover damages from that driver, including payment for medical expenses, but his/her total recovery could be reduced (sometimes significantly) by the percentage of fault assessed to the motorcyclist as a result of failing to wear their helmet. This is called “comparative fault.” On the other hand, if the injuries were unrelated to the head, such as a fractured leg or a herniated spinal disc, then it is unlikely that any comparative fault would be assessed for failure to wear a helmet.

After a car accident, should I give a statement to the other driver’s insurer?

December 11, 2015 No Comments

When you are injured in a car, truck, or motorcycle accident caused by someone else’s negligence you will likely be asked by the at-fault driver’s insurance company to make a statement about the wreck and your injuries. If you have hired an attorney to represent you, you should make your attorney aware that you have been asked to give a statement. If you do not have an attorney, the decision to give a recorded statement to any insurance representative should be made with careful consideration. You are not required to give your recorded statement, and there are many factors to consider, such as: who is taking the statement, what information is the person trying to discover, and what benefit will you receive from allowing your statement to be recorded. If you make the decision to give your recorded statement, it may be wise to schedule a specific appointment time so that you can avoid distractions, and be completely focused on what questions are being asked. Then, before this appointment, it is often a good idea to write out everything you remember about what happened in the accident. It is important to take plenty of time to make your best recollection, and then convey that recollection as clearly, briefly, and accurately as possible. If you are asked about injuries you suffered as a result of the accident, describe your symptoms in detail. Do not list your diagnoses. You are not your doctor and you likely have not reviewed all of your medical records. If you respond by trying to remember the different diagnoses your doctor may have discussed with you, you may end up leaving something out or misstating the injury or treatment. To give the most complete answer, state your physical symptoms. For example, instead of saying “I have a back strain” you might say “I have sharp stabbing pains, and a burning sensation, in my back and neck every day.” or “I have difficulty turning my head without pain.” If you decide to give a recorded statement, and you are unsure about any question you are asked, don’t hesitate to ask the insurance adjuster to rephrase their question so that you clearly understand what they are asking. Also, if you become uncomfortable with any questions, politely notify them that you are going to respectfully decline to answer that question. Finally, if you decide to give a recorded statement, be sure to first get their agreement on the recording to send you a full and complete copy of your statement after it’s completed.

Law for Non-Lawyers: Can I Recover Damages If I Was Partly At Fault?

September 12, 2015 No Comments

In negligence cases, one of the first issues a personal injury lawyer considers is who was at fault. In non-legal terms, negligence cases are those in which the injured person (the plaintiff) claims that someone else (the defendant) was not careful enough and this lack of care resulted in an injury to the plaintiff. In most Kansas and Missouri negligence cases, the judge or the jury will compare the fault of the plaintiff and the defendant (the party who was sued). Lawyers and judges use the term “comparative fault” to describe this process. At the end of a case that goes to trial, the judge or the jury will determine what portion of the fault belongs to each party. For example, consider a typical intersection collision. Let’s assume that John Smith was driving north on State Line Road through the intersection with 103rd Street. Assume that Sally Jones was driving east on 103rd Street where it intersects with State Line Road. The two drivers collide somewhere in the middle. If John Smith ran a red light, the wreck is probably 100% his responsibility. On the other hand, if Sally Jones was driving 95 miles per hour towards State Line Road, and John had a green light, the wreck is probably 100% her responsibility. But, what if Sally was driving too fast and John was making a left turn, but started his turn after the light had turned red? In that case, the jury or judge will have to determine what percentage of the fault belongs to John and what percentage belongs to Sally. How the judge or jury divides the fault will have a big impact on how much the defendant has to pay. Let’s assume that everyone agrees John suffered $100,000.00 in harms and losses from the wreck and that Sally has no losses. If John is 100% responsible, he recovers nothing. Sally only has to pay for her percentage of fault. If Sally is 100% responsible, Sally must pay the full $100,000.00. If Sally is only 60% at fault, she only has to pay $60,000.00 (60% of the $100,000.00 in losses to John). Can John recover money from Sally if John and Sally are equally at fault? The answer depends on whether the collision happened on the Missouri side or the Kansas side of the state line. In our example, the accident takes place close to the Missouri and Kansas border. If the collision happened in Missouri, John would still recover 50% or $50,000.00. Missouri uses a system called pure comparative fault. Everyone is responsible for their own negligence no matter how significant or insignificant their fault is. In fact, if John was 90% at fault and Sally was only 10% at fault, Sally would have to pay John $10,000.00 (10% of the $100,000.00 in losses to John). If the collision happened in Kansas, the outcome could be very different. Kansas uses a system called modified comparative fault. Under the Kansas system, an injured person can only recover from the other party if the injured person is less than 50% at fault. If John is 50% or more at fault in our example, he loses his lawsuit. Although many of the laws in Missouri and Kansas are very similar, there are many differences that can significantly affect the value of a case. If you have been involved in an accident and talk with an attorney, he or she will need to know where the accident happened and how it happened. If John and Sally were each 50% at fault and the accident happened in Jackson County, Missouri, John’s case would be worth $50,000.00. If the accident happened in Johnson County, Kansas, just to the west of the Missouri-Kansas border, the case would be worth nothing. If you are thinking about hiring an attorney, you need to know whether the attorney is licensed in Kansas, Missouri or both states and you need to be sure the attorney regularly handles cases in the state where your injury occurred.