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Colorado Personal Injury Law Blog

Ski Helmet Laws Move Forward in Other States, But Not in the Nation's Ski Capital

  • 02
  • September
    2010

Are helmets the next fashion trend for skiers? The California legislature, in an effort to decrease the number of brain injuries and deaths caused by ski accidents, sent a law to the governor last week that would mandate helmets for skiers under 17. As the ski season nears, there is some buzz in Colorado, but it doesn't look likely that a helmet law will be proposed, much less passed.

Colorado ski resort owners would support such a bill, but they say most resorts already require kids to wear helmets, especially kids in ski school. Some also require ski instructors to wear helmets. And helmets aren't just limited to the slopes -- many terrain parks require riders to wear them. In fact, Colorado, without any legislative mandates, leads the country in helmet usage.

Helmet use has increased about 5 percent every year. Statistics show that the number of skiers wearing helmets has doubled in the past six or seven years. While only half of all skiers are wearing helmets, about 90 percent of kids 9 and under who ski in Colorado wear them.

Denver City Council to Review Excessive Force Litigation Trends

  • 27
  • August
    2010

Denver personal injury attorneys are watching with interest as the community and city officials react to the death of a county jail inmate. The victim died after being tased and put in a sleeper hold during a struggle with officers.

Community leaders have urged policy changes, including putting in place a permanent ban on the sleeper hold, or "carotid restraint." The city responded by suspending the practice temporarily while the sheriff's office reviews use-of-force policies. Community pressure is credited with the resignation of Denver's Safety Manager.

The coroner ruled his death a homicide, and the officers involved have been put on administrative leave pending the outcome of the investigation. One or more of them is likely to face criminal charges.

The city may also face a civil suit.

Colorado Motorcyclist Killed Changing Lanes on Uneven Pavement

  • 26
  • August
    2010

Motorcycle accidents are among some of the most deadly traffic crashes, even when they do not involve other vehicles. Cars often have difficulty with uneven pavement, and the danger posed to motorcyclists is even greater.

The Colorado State Patrol reported that a motorcyclist was killed and his passenger injured on Interstate 25 in Larimer County, outside of the Denver metro area. Originally, speculations abounded about the cause of the accident. Early on, a truck driver was suspected of being involve, but it was later determined that he only witnessed the accident. State Troopers have also reported that they do not suspect drug or alcohol use led to the crash.

Digital Billboards Safe -- Depending On Who You Ask

  • 18
  • August
    2010

A new study has found that digital billboards are not a statistically significant factor in car accidents. Did Denver jump the gun when it banned the electronic outdoor advertisements last March?

There's no answer to the question, really, because, while the data supports the billboards, the study's sponsor has a serious stake in the report's favorable findings. It's as if the fox sponsored a security review of the henhouse.

The study was conducted by a Philadelphia-based consulting-engineering firm. Researchers examined eight years worth of accident data -- some 35,000 crashes -- from Reading, Pa. The area was chosen, in part, because there are 26 digital billboards there. As explained above, the findings were that there was "no statistically significant relationship" between the billboards and the "occurrence of accidents."

The results also showed that neither driver age nor time of day were significant contributing factors. The consultants were able to determine, as well, that accidents were no more likely to occur near digital billboards than they were anywhere else.

No Bike Left Behind? Not a Problem with the Motorcycle Pod

  • 16
  • August
    2010

Jefferson County has been jostling for firrst place, but that first place honor is one that county officials and residents could live without: Jeffco has ranked among the top three counties in Colorado for motorcycle deaths. From 2005 to 2009, 42 motorcyclists died in the county, nearly half in accidents linked to alcohol.

In 2009, the sheriff's office teamed up with DRIVE SMART Evergreen/Conifer and other local organizations to find ways to lower those numbers. The coalition, RIDE SMART Foothills, started talking to bikers to find out why they would hit the road even if they knew they'd had too much to drink. They especially wondered why more "traditional" solutions didn't work -- getting a ride home, for example, instead of driving yourself.

It turned out a major concern was related to safety -- the safety of their motorcycles. "It's a lot of money, it's a lot of maintenance," said one biker. "I wouldn't leave mine out anywhere."

The answer was simple: Provide safe, free storage for bikes right next to their favorite bars. The storage units, or "pods," can store up to eight motorcycles. Riders can come back for them the next day.

Brain Injury Policy Change for High School Football

  • 14
  • August
    2010

Colorado high school football players, their families and fans have a new brain injury policy to get used to this season. The new guidelines, approved by the National Federation of State High School Associations, have been adopted nation-wide.

Under the old rule, officials were required to bench any player who was "unconscious or apparently unconscious." The new rule requires removal if a player shows "signs, symptoms or behaviors consistent with a concussion, such as loss of consciousness, headache, dizziness, confusion or balance problems." Return to play -- in that game or any future games -- must be authorized by an "appropriate health-care professional."

The change in policy is based on mounting evidence that game-related brain injuries, especially injuries suffered by teens, can be devastating. 

Most parents know that a teenager's brain is still maturing and growing. What they may not know is that a teenager's brain takes longer to recover from an injury, and symptoms may last anywhere from a few hours to a few months. 

Community Rallies to Help Brain Injury Victim

  • 13
  • August
    2010

When her horse tripped and fell on July 16, Healher, an accomplished 19-year-old rider, suffered a head injury that could have been catastrophic -- for her and her family. Her central Colorado community responded immediately.

The members of the riding club put their heads together to come up with ways to help the family, who are long-time members. One member who had had a similar accident recalled that she had almost lost everything because of her medical bills. She realized right away that Heather's bills would add up quickly.

The club decided to hold a horse show and began looking for sponsors among the local businesses. As word spread, members of the community who didn't know Heather called to offer their help. Within 2 weeks, a full-fledged event had taken shape.

The restaurant where Heather worked donated food. Judges offered their services free of charge. Individuals and businesses began to donate items for a silent auction -- even celebrity rider Clinton Anderson donated tickets to his October show in Denver.

Worst in Memory -- Accident Claims Lives of 4 Motorcyclists

  • 12
  • August
    2010

Four men died this past Monday in what many call the worst motorcycle accident in memory. Riders in Colorado and around the country are watching as the investigation proceeds.

The victims, from Iowa and Nebraska, were driving home through Iowa on I-29 when, about an hour shy of their destination, a pick-up truck crossed the median and struck them head-on. Three died at the scene; the fourth died at an Omaha hospital. The driver of the pick-up was treated and released from the hospital.

Authorities say it will take weeks to investigate the accident before they can bring charges. They do believe alcohol was involved.

The 21-year-old driver of the pick-up reportedly failed an alcohol breath test at the hospital. He did consent to a blood test. In Iowa, a blood alcohol content of .08 is the legal standard for intoxication.

New Drug May Offer Hope to Traumatic Brain Injury Patients

  • 06
  • August
    2010

More than a third of injuries suffered in Colorado motor vehicle accidents result in a traumatic brain injury (TBI). Such injuries can result in short- or long-term disability or death. In Colorado, as many as 2 in 5 TBIs sustained in a car, truck or motorcycle accident result in death.

BHR Pharma LLC has just enrolled the first patient in a clinical trial for a drug their researchers believe will improve outcomes for TBI patients.  

The study, approved in June and dubbed SyNAPSe (Study of the Neuroprotective Activity of Progesterone in Severe Traumatic Brain Injuries), will test the effectiveness of BHR-100. The drug is an "intravenous progesterone infusion product" designed to be used within eight hours after injury, offering a change from current treatment protocols that, for the most part, focus on maintaining the patient's health and guarding against further injury.

TBI is described by the Centers for Disease Control and Prevention as a disruption of the normal processes of the brain resulting from a blow or jolt to the head or a penetrating head injury.

Patients with TBI can experience difficulty with thinking and reasoning, with touch, smell and taste, with language and communication, and with managing their emotions. TBI can also increase patients' risks for epilepsy, Parkinson's disease, and Alzheimer's disease. The financial and emotional burdens on the patient and his or her family can be enormous.

According to BHR Pharma, progesterone has proven to prevent inflammation, swelling, and nerve damage in both male and female cancer patients as well as premature babies. Their research to date shows that TBI patients can experience reduced short-term and long-term disabilities as well as lower death rates.

Colorado Changes Laws: Unpack Child's Car Seat

  • 02
  • August
    2010

Effective yesterday, August 1, you are currently breaking the law if you do not have your six- or seven-year-old child buckled in a car or booster seat while riding.

It does not matter how big they are, if you have children under the age of eight, current Colorado law requires that they ride in a booster seat. For some parents and children, this is going to be a difficult transition. Before the change in law, children six and over did not have to use a car or booster seat, a rule that to many kids provided them a step toward being a big kid.

Explaining to kids why they must go back to the booster seat might not be easy, but in order for at least parents to understand the law, sources emphasize that too many kids are injured in car accidents because seat belts alone fail to protect them. 

John R. Chesteen

1001 West 120th Avenue, Suite 214
Westminster , CO 80234
Phone: 303-835-1345
Toll Free: 888-329-7936
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