Personal injury accidents come in all shapes and sizes. At this time of year — and as we move into spring and spring break vacations — lots of Missouri citizens take to the slopes for fun and recreation.

But skiing and snowboarding can be dangerous sports and can result in serious injury accidents and sometimes traumatic injuries, head injuries, permanent disability and/or even wrongful death.

There are about 150,000 to 200,000 injuries each year. Although most are minor injuries, according to the National Ski Area Association, serious injuries such as back, neck and spine injuries resulting in full or partial paralysis, or other permanent injuries, broken bones, traumatic brain injuries (TBI) and other types of injuries, occur at a rate of about 43.6 per year.

Most ski injuries are simply accidents, but sometimes – especially if another skier causes the accident or the ski area neglected to properly post trails – there can be liability involved. Most states hold skiers and snowboarders financially responsible to other skiers for negligent behavior that results in a collision, but the laws differ significantly from state to state.

Skiers and snowboarders are expected ski in control, exercise caution, maintain a lookout, yield to skiers already on trails, and avoid collision with skiers below. If a skier or boards violates those guidelines and collides with another skier, that can be considered reckless and the person who caused the accident may be liable.

For safety on the slopes, we recommend:
• Wearing a helmet
• Skiing within your ability
• Staying on marked ski runs
• Observing all signs and warnings
• Ski defensively: watch where you’re going and watch for other skiers.

We’re in the process of recording a Legally Speaking video program about ski injuries and accidents, so please visit that page if you’d like with more information.

While winter in Missouri is far from over, a few spring-like days and the spring equinox around the corner, remind me that bicycle riding season will soon be upon us, which means, unfortunately, that bike accident season will be with us as well.

Bike riding used to be an activity principally for children; and many bike accidents still involve children, which is why I spearhead the Missouri Child Safety Helmet Program to help protect kids from brain injuries as a result of bicycle accidents. But it’s not just kids on bikes anymore. With the rise in gas prices, the emphasis on fitness, and a growing increase in “green” practices to conserve energy and minimize pollution, adults have taken to bike riding in increasing numbers.

And this means more bike rider personal injury accidents in Missouri and throughout the U.S.

Many drivers consider cyclists on the road a royal pain in the neck and resent having to “share the road.” Drivers will often attempt to pass bike riders in an unsafe way. On the other hand, drivers often don’t even see bike riders, especially if a bike rider is coming up on their right as they go to make a right turn. Don’t assume the vehicle will stop at a stop sign or yield the right of way to a bike.

It’s not always the vehicle driver’s fault when there’s a bicycle accident. Sometimes the cyclist fails to obey the rules of the road and sometimes does not stay close enough to the side of the road to stay out of the way of a car, van, SUV, bus or truck. But no matter who is at fault, when a motor vehicle hits a cyclist, serious personal injury often results.

Until every street, road, avenue, and thoroughfare in the state of Missouri has a clearly marked bicycle lane, a bike rider is taking a risk when riding a bike in vehicle traffic. Wearing a well-fitting helmet and wearing it properly is as important for adults as it is for children. Brain injuries are a terrible risk for bike/auto accidents as are broken bones and, neck, back and spine injuries.

In addition to always wearing a helmet – even for a quick ride close to home — the most important guideline for cyclists who take their bikes on trafficked streets is this: You must ride defensively. Do not assume that the vehicle driver will see you and/or will follow proper protocols or yield the right of way. They probably won’t. Protect yourself from catastrophic personal accident with a bike helmet and a defensive driving attitude. And make it a safe spring

Studies reported by the National Highway Traffic Safety Administration in 2008 show that a rider without a helmet is 40% more likely to die in a motorcycle crash than a motorcycle rider wearing a helmet. Riders without helmets are three times more likely to suffer a brain injury.

Although many motorcycle riders want the choice to ride with a helmet or without, I daresay that any rider who has suffered a traumatic brain injury from a motorcycle accident now wishes that he or she was wearing a helmet at the time. My experience as a Missouri motorcycle accident attorney makes me confident in saying so. The after-the-fact regret is painful to see, as is the suffering of the loved ones of those brain injured or killed in motorcycle accidents.

We don’t seem to have a problem saying that motor vehicle drivers and their passengers must wear seatbelts for their own good and the good of the society at large. Dangerous drugs that erode society are outlawed or heavily regulated. Motorcycle helmet laws should be looked at in the same way.

Motorcycle helmets save lives in more ways than one. They not only prevent death in many cases, but by protecting the head, they can also prevent traumatic brain injury, which saves and preserves life in a different way. If you know people with traumatic brain injuries, you know they are not the person they were before, and that their previous life has indeed been taken from them.

The legislation to lift the motorcycle helmet law in Missouri for all but riders 20 and younger is a bad idea. Sometimes citizens need to be encouraged to do the right thing – wear seatbelts, don’t drink and drive, etc. This is such a case.

The National Highway Transportation Safety Administration (NHTSA) estimates that from 1984 through 2006, helmets saved the lives of 19,230 motorcyclists in the U.S. Nearly 20,000 people are alive today because of motorcycle helmet laws. They are, quite simply, a good idea.

Please let your state senators and representatives know that you are OPPOSED to the legislation to change Missouri’s requirement for motorcycle riders to wear helmets, and that you believe that helmet laws for all Missouri motorcycle riders are a good idea.

Among the most dangerous of personal injury accidents are closed head injuries, because the injured party is often certain he or she is just fine.

Case in point in the news this week is actress Vanessa Redgrave’s daughter Natasha Richardson, also a well-known actress. Richardson was skiing on a beginner slope in Canada when she fell, apparently hit her head, got up and insisted she was fine. It wasn’t until later, news reports say, that she began to say she wasn’t feeling well and the ski patrol insisted that she see a doctor.

What appeared at the start to be “nothing” has turned out to be a fatal head injury.

And therein lies the danger.
The statement from the ski resort reports:

She did not show any visible sign of injury but the ski patrol followed strict procedures and brought her back to the bottom of the slope and insisted she should see a doctor.
Her ski instructor and a member of the ski patrol accompanied Richardson to her hotel, where they again recommended she be seen by a doctor.
Mont Tremblant spokeswoman Catherine Lacasse said Richardson said she seemed fine at first. “An hour later she said she didn’t feel well. She had a headache, so we sent her to the hospital,” Lacasse said. “There were no signs of impact and no blood, nothing.”
We hope all our readers will take this unfortunate incident as a reminder that in any injury accident, if there has been any impact to the head, the person must be watched very closely for at least 24 hours after the accident, and if there are any indications whatsoever that the person is feeling “not well” in the least, immediate medical attention should be sought.

Freedom and safety are sometimes at odds with each other. When that happens, which value should win out – personal freedom, which is one of the hallmarks of our American culture, or safety concerns that affect the society as a whole?
These questions are currently at issue in the Missouri House and Senate as they consider legislation to repeal Missouri’s law requiring motorcycle riders to wear helmets. The proposed change to the existing motorcycle helmet laws contemplates allowing riders over 20 years old to decide for themselves whether or not they want to wear a helmet.
Although you could make a good argument for freedom of choice in this matter, as a Missouri personal injury attorney who has dealt with the horrendous after effects of Missouri motorcycle accidents – and seen the devastation they cause, including, often, life-altering and traumatic brain injuries or death, — I just cannot support “freedom to choose” in this particular case.
People often forget that it’s not just the motorcycle rider whose life is affected when brain injury, paralysis, or death occur from a motorcycle accident. The family, parents, siblings, spouses, children, friends, neighbors – all of their lives are effected as well.
Not to mention the other parties involved in these accidents, whether they were at fault or not. Do you think the other driver can ever forget an accident in which a person has died, become permanently brain damaged or paralyzed? It’s with you your whole life.
Society at large also has a stake. The resources marshaled to respond to fatal or serious motorcycle accidents are significant, as are the costs of health care and permanent disability. Missouri residents save millions of dollars and hundreds of lives by insisting on motorcycle helmets for riders and their passengers.
Please join me and The Brain Injury Association of Missouri in protesting any changes to the current Missouri Motorcycle Helmet Law. Please let your state senators and representatives know that you would like them to vote against HB165 and SB02.
To find the names and contact information for your representative and senator, visit www.moga.mo.gov and click on “Legislator Look Up” or call the Senate at 573-751-3824 or the House at 573-751-4043 for contact information.

A faithful reader reported that on a recent hospital visit to see a friend, she picked up a free flyer about concussions and thought the information was worth sharing.

A concussion is a mild brain injury caused by a fall or blow to the head, resulting in difficulties with brain functioning for a limited period of time. Loss of consciousness is not a precondition of concussion; in other words, a person or child may still have a concussion even if he or she did not lose consciousness. A concussion is a very challenging type of head injury because the injured person – especially if it’s a child – may seem fine, but isn’t.

Many types of personal injury accidents can cause a concussion, and it is one of the most common types of pediatric personal injuries seen in emergency rooms in Missouri and throughout the U.S. Concussion symptoms in a child may include amnesia, nausea, confusion, inability to stay awake and vomiting. Symptoms of a mild concussion usually disappear within 2 – 4 days, but may last for a week or more.

Complications
A mild concussion in itself is not considered a dangerous or traumatic personal injury, but complications from a concussion may make it so. The dangers include:

• Second Impact Syndrome which occurs if a second injury to the head occurs soon after the first. This may cause swelling of the brain and can be life threatening. Immediate medical attention should be sought.
• Post Concussion Syndrome also known as Post Concussive Syndrome or PCS. From mild to severe, lasting a few weeks or even years after the concussion, the symptoms of PCS include headaches (the main symptom) and dizziness, as well as problems with concentration, memory, focus; and personality changes such as depression, anxiety, fatigue and mood swings. These are sometimes called “late symptoms” because instead of showing up right after the head injury, they don’t appear until a week or more after. Blurred vision or ringing in the ears also occur in this syndrome. Anyone experiencing late symptoms should see a doctor, but it is particularly important that children see a specialist in PCS for optimal treatment
• Permanent Brain Damage – although rare, a serious concussion – and especially any series of concussions – runs the risk of developing long term or serious brain injury problems.

Children are at higher risk of concussion than most adults because of their risk of falls from play, bike riding, skating, sledding, skateboarding, rollerblading, etc. More than half of all concussions in children are from playing sports. Protective headgear during sports and play are critical for protecting children’s growing brains. Bike helmets should always be worn for child safety, and of course seat belts and appropriate child safety seats should always be used by children riding in a car. The best treatment for concussions in children is to avoid them altogether.

What happens if the land your home was built on turns out to be contaminated? I am attorney Aaron Sachs. We will discuss developing brownfields in this week’s Legally Speaking.

Intro: Brownfields are former industrial sites that have been left contaminated and unsuitable for development without an expensive cleanup. They can be safely, legally built on, but some developers take short cuts and leave homeowners at risk.

Q: Aaron, this week’s topic is brownfield development. Could you give some examples of a typical brownfield property?

A: They can range from a former gas station that has fuel tanks still in the ground to steel mills that leave tons of toxic waste behind. Recently, a housing development near Orlando, Florida was found to have been built on a former World War II bombing range, and live bombs have been found.

Q: Is it legal to build on such a site?

A: It is as long as proper clean-up procedures have been followed, according to guidelines set by the Environmental Protection Agency and the Missouri Department of Natural Resources. There are legal guidelines as well – in most cases, anyone who purchases or leases land on the site must be fully informed of the site’s history.

Q: Is a developer liable if contamination at a site causes problems?

A: Under the federal Superfund law, the current owner of a property is responsible for any contamination present at the site. Some states have laws that allow developers to sign contracts with the state absolving them of liability for a contaminated site if they follow certain procedures. Missouri does not have such a law.

Q: Let’s talk about liability if a developer does it the wrong way.

A: Even though the developer may clearly be at fault, it’s never a slam dunk case. The factors that complicate things include:

• Proving that residents’ health problems are related to contamination.
• Proving that contamination levels are unsafe.
• Determining that the developer was aware of the contamination and failed to notify residents.

While the cases take years to wind through the courts, residents are stuck with worthless property they are afraid to live on. The cases often end with buyouts that simply allow residents to move on, although some lawsuits reach hundreds of millions of dollars.

Q: What was the most infamous brownfield contamination case?

A: In the 1970s, we didn’t even refer to these places as brownfields, but near Niagara Falls, NY, a housing development, schools and playgrounds were built on a filled-in canal that had been used as a chemical dumping ground by a chemical company. That neighborhood, known as Love Canal, was like something from a horror movie. Residents literally had chemicals seeping into their lawns and dissolving the soles of their shoes.

Q: How was that case settled?

A: A government buyout got the residents out of harm’s way, but it took decades until the chemical company was forced to pay a settlement to the state totaling about $100 million. But Love Canal is really the case that brought these issues to national prominence and lead to the rules that developers of brownfields have to follow today.

Q: Are there tax incentives to encourage developers to properly clean up and utilize these sites?

A: There are tax breaks at the federal level, and Missouri also has a state program that has been a success in funding cleanups. For example, between 1999 and 2005, Missouri offered almost $100 million in tax credits for brownfield remediation, leading to the cleanup of 50 sites across the state. By comparison, Illinois spent only $16 million in the same period.

Q: Aaron, what’s the bottom line on brownfield development?

A: Redeveloping brownfields is an excellent way to fight sprawl and clean up old toxic sites, but it has to be done right and with the full knowledge of anyone who later chooses to live on such a site.