Ehline Law Blog about Sports Injuries And Wrongful Death
Dec 30, 2019
January is National Winter Sports TBI Awareness Month
A Vital Month for a Critical Injury Medical science is rapidly understanding the severe risk that a Traumatic Brain Injury represents. In fact, any series of brain injuries can lead to severe long term consequences, including cognitive impairment, changes in personality, and even paralysis. Each one is a serious threat which requires close attention. That is why activists named January Winter Sports TBI Awareness Month. Considering the higher risk for such injuries during high contact sports, it is only fitting. Of course, when we think of sports TBIs, we tend to think of football. The NFL is gearing up for the playoffs and the Super Bowl, and it is a perfect time to bring up the potential risk of a severe brain injury due to playing the sport. Furthermore, in many high school and college leagues, there is not enough attention to the subject. High schools cannot afford to have doctors at every single game for every single team. Instead, many issues revolving around brain injuries are papered over and not properly addressed at the time. This is especially dangerous for young players, whose brains are still developing. This often leads to incredible long term issues later in life and in brain development. Furthermore, other winter sports offer the potential threat of traumatic brain injury, including skiing and snowboarding. Due to the sporadic nature of many people's skiing, the chances of serious treatment after a fall of collision is often low. In addition, many people think that they can just "walk off" a serious blow leading to a concussion. All of these factors added together are trouble for athletes and non-athletes. Understanding More About TBIs Our law firm specializes in helping patients with TBIs, both caused by sports and other causes like work and car accidents. We see the damage that TBIs do firsthand. For more info on the long term effects of these injuries, read our regular updates.
Dec 19, 2019
The Matt Hughes Case: Traumatic Brain Injury
Brain Injuries Often Change Far More than Noticed Former MMA champ Matt Hughes' life changed forever in 2017. A severe crash between his truck and a train resulted in changes that he could have never anticipated. Many of the aspects of the crash are well known. One way or another, Hughes' truck collided with the Norfolk Southern train. Hughes claimed that he was driving properly and that the railway company did not properly warn drivers of the crossing. NS claims that Hughes was on his ell phone and did not stop at the crossing. Regardless of the exact circumstances, the effects were clear: Hughes was severely injured in the crash. The Risks of TBIs Hughes' physical injuries are extreme. Watch an interview with him and it's clear that he is a changed man. However, the worst damage was done to his brain. Hughes and his attorneys allege that he suffered severe brain damage due to the event. A Traumatic Brain Injury, or TBI, affects different people in different ways. Often, the results are permanent. Such an injury often reduces the patients' prior abilities. This often includes the ability to reason, hold relationships, and make them prone to depression, suicide, or even violence. Such injuries are especially common among players of contact sports, like football. To be sure, Hughes' behavior has changed. We can see this in the recent allegations of physical abuse. Hughes denied that he ever laid a hand on his wife. However, as TMZ reported, Hughes stated that he has changed significantly due to the crash two years ago. In fact, Hughes believes that many of his troubles, including this suit are due to his brain damage. He said that "I understand that it is not fun to teach a grown man to learn to do everything all over again. I understand that I am a burden to those around me. I understand that I am an inconvenience to my family."
Dec 19, 2019
Matt Hughes' Lawsuit: A Legal Perspective
Does He Have a Strong Case? Former MMA champ Matt Hughes is a changed man. In most ways, much for the worse. Hughes was involved in a near fatal train crash in 2017. It severely injured both his body and brain. As a result, his career is over and his life turned upside down. Recently, Hughes announced that he is suing the train operator responsible for the crash. MMA Fighting had a good write up of the situation. Hughes alleges that the Norfolk Southern Railway was negligent by not warning motorists of dangerous conditions at the railway crossing. It was at this location that Hughes' Chevy Z71 truck collided with the truck. According to the suit, Hughes alleges that NS did not place appropriate warning signs at the site. Even worse, he alleges that NS knew of the potential danger beforehand and did not act. Furthermore, Hughes stated that he was driving lawfully before the crash. The collision resulted in severe physical damage and a traumatic brain injury. On the other hand, the railway believes it is not at fault. Norfolk Southern stated that the crash was Hughes' fault. The company stated that Hughes failed to stop prior to the crossing. Furthermore, NS states that Hughes did not see the train oncoming and failed to yield the right of way. The company goes so far in their rebuttal to state that Hughes "knowingly drove his vehicle onto a railroad grade crossing" and was using his cell phone. This also isn't the first major lawsuit NS faced recently. The company was sued in a wrongful death case in Virginia. Does Hughes Have a Case? All of the facts are not yet in, although I've been following this one closely. Mr. Hughes has a strong case. In many ways, even if NS's assertions are partially true, it is likely that it did not create a safe railway crossing. If the company knew that there was a potential danger and did not place adequate signage at the site, it was a major and avoidable error. In this way, it likely meets the definition of strict liability. I'm not sure if Matt Hughes will win his suit. However, we will be reporting on it and any developments here.
Dec 16, 2019
Errol Spence's Legal Options after Ferrari Crash
Nearly Killed in Texas Crash In October, boxing champion Errol Spence, Jr. was nearly killed following a severe crash in Dallas. According to police, the boxer known as the Truth crashed his Ferrari at high speeds. The driver was seriously injured in the collision. He was allegedly not wearing a seat belt at the time. MMAMania covered the incident. Spence was nearly killed in the crash, which shook up the boxing world. He is already a major figure in the sport. He represented the nation in the 2012 Olympics and has an incredible 26-0 record. The video of the crash is below: As you can tell from the video, the crash was terrible. In addition, after the collision, police charged Spence with DWI. Somehow, the boxing champ did not break any bones in the wreck and is expected to make a full recovery. Wild if you watch the video. A Legal Perspective Spence is in precarious legal water. His criminal charges may dog him for the rest of his life. Furthermore, he likely has no civil claim for any element of his crash. Due to the fact that he was not wearing his seat belt, his injuries are due to his own action. In addition, if we was drinking and driving before the crash, he also has no legal room to stand upon. Ferrari is not responsible for the crash. On the contrary, Ferrari's design may have saved his life. Furthermore, Spence cannot sue the state for issues with the road. As of yet, no such defects are public. If anything, if another driver or pedestrian were hurt in the crash, it would be Spence who would be liable for his actions, both criminally and civilly. For more info on this crash and similar legal struggles involving athletes, keep reading here. Our legal team reviews similar cases and their repercussions. Lastly, our site will be updated with new articles on the subject.
Dec 16, 2019
Desmond Green's Liability after Deadly Car Crash
A Severe Tragedy with Many Consequences Desmond Green may be the Predator in the arena, but his reputation has changed dramatically. Green was allegedly drinking and driving when he struck another vehicle in Florida in August 2018. The crash killed two passengers in the other vehicle and left others injured. MMAFighting had a rundown on the incident, which clearly affected a number of lives. Furthermore, there are other factors at play. This includes 20 criminal charges stemming from the original crash. Green faces a legal reckoning for his actions. He was allegedly under the influence during the incident. Furthermore, Green had marijuana and cocaine with him at the time of the crash. Furthermore, Green attempted to destroy evidence at the scene. Green was also driving on a suspended driver's license. This also followed a minor car crash earlier at Deerfield Beach, Florida. Green faces DUI manslaughter charges among 19 others. He faces a mandatory minimum of four years in prison just for the most serious charge. Green's Civil Liability The Predator faces the prime of his life behind bars. Furthermore, he wrecked the lives of multiple families. The families of the deceased, Emelina Morfa and Emma Suarez Hernandez have a strong civil case against Green, especially considering his long list of prior traffic infractions. The driver could easily face civil penalties for wrongful death. In addition, for each case of injury, Green can be sued by survivors on multiple accounts. The costs of burial, grief and anguish, short term medical bills, rehab, and more are all Green's responsibility. In addition, considering his high earnings in the years prior to the disaster, he is especially on the hook. If you are interested in learning more about this incident and others like it, read our ongoing series on sports figures' injuries and their consequences. We are including additional info on MMA fighters and giving our experience as Southern California's top personal injury firm.
Dec 16, 2019
Chris Bonilla's Lawsuit Against CalTrans: A Legal Perspective
Argues Negligence by the State Chris Bonilla was one of the best known MMA fighters before his gruesome accident in 2018. Bonilla crashed into an unmarked barrier. Bonilla claims that the California Department of Transportation did not mark the barrier properly. According to Bonilla, he was travelling on the 10 Freeway in Wast Covina around six in the morning. He pulled over to the side of the road. The results were disastrous. According to TMZ, the former Muay Thai champ has a serious case. It's one that caught my radar so I wanted to expand with some thoughts from the legal profession side. Photos of the accident show the sheer extent of the damage. His leg was barely saved by doctors. However, according to the MMA champ, it may eventually need to be amputated. The photos show extreme damage to his body-- and from the looks of it, due to an issue that should not have existed in the first place. From the Law Side Legally, it appears that CalTrans was negligent. Most likely, the barrier required reflective tape or mirrored reflectors. The state did not install them. Furthermore, the state has a higher level of responsibility than a homeowner or small municipality. If CalTrans knew of the defect, it almost certainly is liable. In addition, this issue is likely not isolated to this incident. Every case where CalTrans installed such defective barriers is an injury waiting to happen. I read the publicly available info on Bonilla's case. I don't know every last detail. However, from a legal perspective this appears to be relatively open and shut. No one deserves to lose their leg. Especially not someone involved in physical activity. It is likely that a jury will award some compensation for the accident. How much remains to be seen. Bonilla's original ask is still not known. For more info on these and similar accidents, keep reading our series on MMA and sports injuries. We will update the site with more cases.
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