Monthly Archives: November 2017

Three Pedestrian Holiday Accident in Denver Highlights Pedestrian Traffic Safety Concerns

Over Thanksgiving an accident occurred in Denver’s 16th Street Mall area. At approximately 2:30 p.m., a driver was exiting a parking garage area and passed through a gate and struck three pedestrians. John White, on behalf of the Denver Police Department, said there was no drug or alcohol usage involved. Investigators said that the injuries incurred were not life-threatening. The 16th Street Mall district is an extremely popular area that offers free shuttle bus rides, has horse-drawn carriages and pedi-cabs. There are
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6 Safety Tips for Holiday Decorating

In decorating your home for the holidays all of the fun can lead to simply losing focus on at-home safety concerns. In the last two months of last year, almost 14,000 individuals arrived at hospitals that resulted from decoration-related accident injuries. The nature of the injuries varied from situations of slip-and-fall, severe cuts, burns and a host of others. The leading advocate in the U.S. for prevention of these incidents has long been the Consumer Product Safety Commission (CPSC). 1. Candles Candles
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7 Safety Tips for Home Fire Prevention this Holiday Season

The U.S. Consumer Product Safety Commission ranks fire as the second most common cause of in-home accident fatalities. Fires in homes are attributed to approximately 4,000 deaths annually, over 500,000 fires are responded to by fire departments, and yearly property damages exceed $4 billion. The Denver Fire Department considers the year-end holiday period one that usually has a notable rise in the number of house fires. They wish to remind residents to be extremely careful when lighting candles, to inspect electrical cords
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6 Safety Tips for Driving During this Holiday Season

On average, 343 traffic fatalities occur in the U.S. during the three-day Christmas holiday. This average increases to roughly 373 over the three-day New Year holiday time. The vast majority of these deaths are preventable. An estimated 94% of traffic accidents are the result of human-based behavior. In the U.S. in 2016, over 37,000 people were fatally injured. In Colorado specifically, the death toll was 605 and included 125 operating motorcycles, 16 on bicycles and 84 pedestrians. 1. Seat Belts &
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Thanksgiving Accidents and Hazards in the Home

This is the final segment of a series titled Personal Injuries & Thanksgiving, which identifies major safety concerns during this holiday period. Here, we will discuss potential dangers that may exist at home during Thanksgiving and also view Colorado’s premises liability laws from the homeowner’s standpoint for liability and elaborate on the “visitor status” classifications in the law. Homeowner Liability Colorado’s Premises Liability Act defined the statutory duty landowners have to care for those on their property. The legislative intent in
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Accidents While Holiday Shopping & What You Should Know

This is the third of a four-part series of articles discussing the many dangers that can lead to injuries, fatalities and property damage during the Thanksgiving holiday time. It has been well established that the U.S. mortality rate rises around Thanksgiving and remains heightened throughout the winter months. Much of this is based on the seasonal changes including colder weather and the impact of the flu; however, car accidents and coronary health problems, such as heart attacks, are also much
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Increase of Auto Accidents During Thanksgiving Holiday

This is the second of a four-part series titled Personal Injuries & Thanksgiving, which seeks to identify major safety concerns associated with this holiday period. The National Highway Traffic Safety Association (NHTSA) has tracked data regarding traffic fatalities on major holidays for over 30 years. They found that roughly 91% of those in the U.S. will travel by car on Thanksgiving and twice as many travelers go 50 miles or more, considerably more than on Christmas or New Year’s Day. In
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Thanksgiving is the Most Dangerous Holiday of All

This is the first of a four-part series titled Personal Injuries & Thanksgiving, where we look at the continued disturbing trend of car accidents, injuries and fatalities during the Thanksgiving holiday. This time is considered to be the beginning of the “holiday season,” and data indicates it is among the most dangerous time of year. According to AAA, 50.9 million people will travel a distance of over 50 miles this year, at least a 3% increase over the prior year. They
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What Does a Lawsuit in a Car Accident Claim Look Like?

This is the final of a three-part series entitled Car Accidents, Personal Injuries & the Insurance Carrier. In the earlier parts we reviewed the difference between first-party claims and third-party claims for damages and then outlined the general claims process. Here, we look at the process of a lawsuit in cases based on automobile accidents. Unfortunately, accidents and their subsequent civil actions are a reality in the U.S and severe accidents here in Colorado continue to rise. The National Safety Council reports that
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What is the Auto Insurance Claims Process?

This is the second of a three-part series entitled Car Accidents, Personal Injuries & the Insurance Carrier. Here, we will provide an overview of the claims process. We purchase auto insurance to provide financial coverage for losses and damages that may occur. A claim is filed with an insurer for compensation after a party sustains property damage and/or bodily injury. In the U.S., there are millions of auto insurance claims filed each year. In 2016, claims exceeded 6 million from crashes,
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What is the Difference Between 1st and 3rd Party Auto Insurance Claims?

This is the first of a three-part series entitled Car Accidents, Personal Injuries & the Insurance Carrier. We will begin by looking at Colorado’s auto insurance system historically, as it has changed considerably in recent years. Next, we will assess current market conditions in the state and explain and differentiate first-party claims from third-party claims in the auto insurance system. In 2003, the state repealed the existing “no-fault” auto insurance system that was in place for 30 years. The Governor felt
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What if the Insurance Company Refuses to Pay?

Insurance is well established in our society as a way to limit risk and provide economic security. Both individuals and businesses use various insurance products for everything from cars, health, homes and more. The insurance industry is also among those most subjected to regulation. Each state assigns a department to be responsible for oversight of financial dealings involving insurance companies. States have drafted provisions that specify the standards that companies are to adhere to. According to the recent Colorado Division of
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Colorado Supreme Court Addresses Physician/Patient Privilege

The Colorado Supreme Court recently heard arguments in the case of Bailey v. Hermacinski. This matter centers on “ex parte communications with doctors, undue influence and residually privileged information.” Ex parte communications in civil matters refers to the idea that a court may proceed with a motion without presenting the issue to, or obtaining a response from, the opposing party. The case resurrects the longstanding law regarding confidentiality between medical providers and their patients known as “physician/patient privilege.” This concept is similar to
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Smart Cars May Help in Roadkill Accident Prevention

Roadway crashes between vehicles and animals is a nationwide problem. State Farm Insurance data indicated that in 2014, Americans had 1.25 million collisions involving deer that led to an estimated $4 billion in damage, which doesn’t include dozens of other species of animals. The Insurance Institute for Highway Safety reports that approximately 200 fatalities occur from such accidents annually. Here in Colorado, the problem is evident, as in 2016 there were nearly 6,900 animal collisions reported. The Colorado Parks &
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Fatal Hit & Run Vehicle Accidents Continue Along Colorado Roadways

Zachary Schlagel, an 18-year-old from Windsor was killed in an accident on Austin Bluffs Parkway at Stanton Road in Colorado Springs recently. The El Paso County Coroner says he died from injuries inflicted in the collision. Schlagel and two other pedestrians were crossing lanes when a truck crashed into them. Another pedestrian escaped with only minor injuries. Police identified the truck and driver, but he has not yet been apprehended. Since 2014, the volume of traffic deaths in Colorado has risen nearly
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