When a party is injured as a result of the actions of another, they have the right to bring a case of civil tort. These civil actions allow the injured to seek financial compensation for the harm incurred. Cases of personal injury may range from those resulting from automobile accidents, defective products, dog attacks, wrongful death, and more. The vast majority of torts are based on unintended negligence. In addition to negligence, cases may be based on intentional torts or
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Personal injury suits can result in outcomes including settlement, trial, dismissal, and appeal. The ALM Legal Dictionary defines the process of settling a lawsuit as resolving the matter without a court judgment through negotiation among the parties. This is achieved through discussions involving the attorneys, insurance company adjusters, and encouragement from the court. The majority of injury cases are resolved before trial in some form of settlement. A settlement is essentially a compromise where both sides make some concessions. A lawsuit is
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At Colorado’s District Court level in 2017, there were 215,369 case filings and the largest single class of case filings was civil (37%). This means that almost 80,000 new civil cases, most of which seek damages of over $15,000, entered this system. The vast majority of personal injury cases conclude by reaching a settlement agreement, which outlines the recovery the plaintiff is entitled to. The court issues an order of settlement once all parties have the paperwork completed and submitted. Prior to
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The likely time frame for completing a vehicle accident case really depends on the many variables involved. Although everyone seeks a timely resolution, the underlying goal is to do what’s necessary to be fairly compensated for the injuries incurred. Choosing an experienced car accident lawyer is important because familiarity with these types of cases allows for better efficiency. The courts have a duty to handle cases in a fair manner without unnecessary delay. Identifying the different variables that may be
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The Insurance Institute for Highway Safety reported that 3,986 lives were lost in 2016 stemming from commercial truck accidents. Roughly 66% were passenger vehicle occupants, 17% were occupants of trucks, and approximately 16% were on motorcycles, bicycles, or walking. One reason that these accidents are particularly dangerous is that commercial trucks or tractor-trailers can often weigh between 10,000 and 26,000 pounds. The majority of causes that lead to collisions between these trucks and passenger cars are classified as errors in driver recognition
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Those involved in minor “fender bender” collisions with minimal injuries may find the insurer’s settlement offer sufficient to cover the damage and move forward without a car accident lawyer. Those who are moderately injured are strongly encouraged to retain legal counsel. Insurance companies are businesses seeking to remain profitable; therefore, attempting to navigate a moderate to severe injury claim should be done with assistance from a personal injury lawyer accustomed to working with them. Keep in mind that court employees
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This is the fifth and final installment of our series regarding intersection safety. Pedestrians include those walking or riding in a wheelchair. Bicycles are categorized as vehicles according to Colorado law and have the same responsibilities as drivers. Both pedestrians and bicyclists are considered as vulnerable in terms of intersection collisions. Too frequently, motorists are speeding or using mobile devices without regard for the potential devastation that they may cause. Here, we will look at how liability or fault is legally determined
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Intersections are points of confluence for motor vehicles, bicycles, and pedestrians. At these junctions, there are more factors that can lead to collisions than at most points across the transportation network. In the U.S., intersections are the site of approximately 25% of roadway fatalities and roughly 50% of injuries. In this segment, we will look at various specific safety measures that agencies in Colorado are taking and also some of what the Federal Highway Administration is referring to as “innovative
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Pedestrians and bicyclists both have substantial vulnerability when encountering motor vehicles on the roadways and must remember to exercise caution. At intersections, most of these collisions occur when motorists or bicycles are turning or when pedestrians are crossing. Local governments are pursuing strategies to heighten intersection safety through better design, implementation of signs and devices to control traffic, and greater educational awareness. The reality is that safety in these situations is best achieved through a comprehensive approach that combines all of
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Colorado experienced a 40% increase in the volume of fatal accidents between 2013 and 2016. The Colorado Department of Transportation Safety explained the three primary factors that contribute to vehicle collisions are the road, the operator, and the car itself. The Federal Highway Administration indicates that 44% of crashes occur at intersections. The majority of vehicle crashes are caused by human error. Here, we will discuss the various human factors that have the largest effect on potential intersection accident involvement. Categories of Human Factors
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Colorado’s roads continue to be dangerous. In Denver, the volume of fatal traffic accidents has risen every year since 2005. In Colorado in 2015, there were 546 deaths, and these numbers rose to 605 and 630 in 2016 and 2017. This increase is occurring at a time when traffic safety awareness is higher than ever, seat belt use is higher than ever, and vehicles have more standard safety features than ever. In Colorado, fatalities at intersections continue to escalate from 112 in
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Julian Gutierrez drifted beyond his lane of travel and struck a car traveling in the opposite direction. Judith Mauricio, the driver of the other car, was severely injured in this head-on collision. Mauricio was also eight months pregnant at the time. After arriving at the hospital, she delivered a still-born baby girl. The Los Angeles Police determined Gutierrez had been operating under the influence and arrested him. Canadian Medical Association Study Donald Redelmeier and a team from the University of Toronto studied the health
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Courts generally operate according to established procedures and use deadlines. For example, if a plaintiff misses a deadline in a personal injury action, the court may dismiss the claim. In the case of Taylor v. HCA-HealthONE LLC (2018), a Colorado appeals court was asked to review a lower court’s dismissal of a medical negligence claim after Taylor failed to comply with rule 4(m) of the Colorado Rules of Civil Procedure titled “The Limit for Service.” The plaintiff had failed to meet the deadline
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Individuals, businesses, and institutions generally operate best with a structure or framework in place for purposes of organization and efficiency, and the courts are no exception. In the realm of civil actions and proceedings, the Federal Rules of Civil Procedure (FRCP) are the guidelines that local courts model their own rules of civil procedure from. Courts have an affirmative duty to handle civil litigation in a manner that is fair and without unnecessary costs or delays. In a personal injury
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On U.S. roadways in 2016 there were an estimated 37,461 accident fatalities, which equates to nearly 750 per state. Many experts feel that autonomous or “driverless” vehicles will one day dramatically reduce the volume of crashes by removing the element of human error. Arizona leaders have encouraged companies such as Uber to conduct testing in the state. Recently, one of these cars struck and killed a pedestrian while operating autonomously with a “backup” driver on board. Uber has temporarily halted its testing in Arizona.
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Losing a loved one can be an extremely traumatic experience. Despite being a natural reality of life, it is likely that feelings of shock, confusion, sadness, and depression may result. A tragedy occurred recently in Weld County when a four-vehicle crash resulted in the death of three family members. Sheila Sinclair was traveling with her six-year-old son and two daughters’ ages three and one at the time of the accident. Sinclair and the two older children were killed in the crash.
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Commercial trucking is a large sector of the overall U.S. economy. These trucks are responsible for movement of slightly over 70% of all freight. There is an estimated 10.55 billion tons of freight moved, which consumes roughly 398 billion gallons of fuel. The industry is regulated by a central federal agency, the Federal Motor Carrier Safety Administration, and is principally guided by the provisions of the Motor Carrier Safety Improvement Act of 1999. Since assuming control, the Trump Administration has largely upheld its
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If you are involved in a personal injury claim that is likely to result in a financial settlement or award, it may have an effect on existing benefits, like those involving Social Security. In making this determination as it specifically relates to Social Security benefits, the key is identifying the type of benefits that you are receiving or are planning to receive. The two common forms of such benefits include Social Security Disability (SSDI) and Supplemental Security Income (SSI). In
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The law allows injured parties to pursue damages that can be proven with a reasonable level of certainty. Although some types of noneconomic damages may often be viewed as rather subjective and hard to quantify, damages that appear purely hypothetical or overly speculative are generally not recoverable. Often the process of determining losses is challenging and requires assistance to complete a valuation by experts such as a forensic accountant or economist. When parties in a claim begin reviewing and scrutinizing the losses
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