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In certain situations, such as multi-vehicle accidents or when fault is strongly being challenged, your personal injury attorney may deem that using vehicular accident reconstruction will benefit your case. Deciding to retain an individual or firm that focuses on this type of specialized work is important, in part because the cost of doing so may be significant. What is Accident Reconstruction? The process of accident reconstruction seeks to determine how and why a car accident transpired using various technical methods.

Photos are impactful as evidence in car accident claims because they can offer illustrative details of the scene of the accident, vehicle damage and injuries that may have been incurred. The majority of U.S. residents have a mobile phone of some kind equipped with a camera. Over 77% of residents have a smartphone equipped with cameras and video capabilities. This technology that we all almost possess can come in handy if you are in an accident and want to memorialize by photo

Anytime a vehicle is involved in a collision with another vehicle, bicyclist, or pedestrian that leads to injuries or property damage, law enforcement should be contacted. The police will respond to assess, document, and clear the scene of the accident. One critical function of these responders is the completion of an accident report. The report is typically filed and available within a day or two after the incident for little or no cost. Accident Alert Exception There are rare instances

This is the first of a six-part series titled Evidence & Proving Your Car Accident Personal Injury Case. There were slightly over 600 traffic fatalities in Colorado in 2016 and 2017 and many more injuries, and the state’s population continues to grow, bringing additional motorists to the already-congested roadways. Most of these auto accidents involved negligence, and many times acts of negligence result in personal injury claims or lawsuits. Personal injury claims are civil matters that require plaintiffs to prove

Arrests for driving under the influence in Colorado’s ski resort towns continue to persist, placing many unsuspecting drivers, bicyclists, and pedestrians in potential danger. Greg Daly, the Avon Police Chief, says that many of those visiting the Central Rockies resorts are simply there to “party.” The 5th Judicial District, which includes Clear Creek, Lake, Eagle and Summit counties, leads the state for drunken driving arrests with a ratio 8.8 per every 1,000 residents. The 9th Judicial District, which includes Garfield,

Often firefighters face dangerous situations long before actually encountering a blaze. A wreck involving a fire truck occurred recently on I-76 just east of Keenesburg. The engine of the Southeast Weld Fire Protection District was hit by a tractor-trailer sending four firefighters to the Platte Valley Medical Center Hospital in Brighton, CO. Fortunately, the truck was not hauling a trailer at the time of the accident. The department’s Chief Tom Beach informed Denver7 that the injuries ranged from those needing

We are currently awaiting the 2017 finalized roadway accident data for Colorado. According to the Colorado Department of Transportation (CDOT), we know there was an increase in the number of fatalities compared to the 615 in 2016. Early indications suggest a rise in crashes resulting from impaired driving and among those who were not wearing a seatbelt. Sam Cole, a CDOT spokesman, explained — although the numbers suggest that all was bad — there were some positive results this year,

Over one-million individuals are admitted to hospitals annually for severe injuries incurred in traffic accidents. In 2012, vehicle accidents resulted in $18 billion in overall lifetime costs of medical care. Among the many injuries, a broken bone, also known as a fracture, is one of the most common. Broken bones can greatly hinder mobility, overall range of motion, and be associated with paralysis. Here, we will look at the common bone injuries which occur in accidents and the potential long-term consequences. Common

A recent study by LifeSaver suggests as many agents report that closer to 60% of insurance claims actually are related to distracted driving. Bill Caldwell, Executive Vice President at Horace Mann Insurance, thinks that the root problem is the plethora of smartphone applications that are now available. Other examples of distracted driving include those who are eating, making climate control adjustments, and tending to child passengers–which could be a bigger problem than cell phone use. Here, we will look at some of

A great deal of emphasis regarding distracted driving is placed on the usage of mobile devices, eating, applying makeup and other activities. But have you considered the distractions that may occur when driving with children? Staying focused on the road is critical when turning, braking, merging, and changing lanes. Roughly 80% of accidents and 65% of “close calls” involve a driver who is distracted in some way. A recent report by the Monash University Accident Research Center explained how parents are operating

How do distractions further impact those who have recently begun driving a motor vehicle, such as teens? Learning to do something new generally takes some time; such is the case with riding a bicycle or learning a sport. When learning to drive a vehicle, the process has potentially more dangerous consequences because we share the roads with one another. Teenagers who are getting behind the wheel for the first time are obviously more prone to mistakes leading to car accidents

Studies continue to surface explaining the problem with driving while conducting phone calls and using text messaging. The risk of a crash increases roughly 3.6 times when drivers use mobile devices. Across the U.S. there are over 320 million wireless internet connections. A recent report indicates that as many as 9% of drivers may be simultaneously using mobile devices while driving on any given day. A recent AAA Foundation for Traffic Safety study revealed that over 60% of drivers claim to have

This is the final of a three-part series titled Personal Injury & Digital Technology: Where We Are & Where We Want to Be that looks at how digital technology impacts personal injury actions. Digital technology usage will rise in the coming years. The volume of digital data is approximately 10 zettabytes and will reach 40 zettabytes by 2020. Jobs in tech-driven areas will see significant growth. The Bureau of Labor Statistics explains that massive occupational opportunities will be in STEM–science, technology, engineering,

This is the second of the series titled Proving Personal Injury & Digital Technology: Where We Are & Where We Want to Be, which looks at how digital technology is influencing personal injury litigation. Law practitioners are generally not on the “cutting edge” of technology for several reasons. Some reasons include how the legal profession tends to minimize risk potential, the sensitive and confidential nature of the information involved in their work, and that legal practice involves significant interaction and compliance with governmental

This is the first segment of a three-part series titled Personal Injury & Digital Technology: Where We Are & Where We Want to Be that analyzes how digital technology is impacting personal injury actions. Recent data from the Pew Research Center indicates that roughly 95% of Americans currently own a mobile (cell) phone and 77% of those are smartphones. Approximately 80% of adults in the U.S. own either a desktop or laptop computer. We have seen technology transition virtually all aspects of our culture,

During 2015, Colorado had approximately 3,217 traffic accidents that resulted in severe injuries and 547 with fatalities. Unfortunately, in 2016 the volume of fatal accidents rose by roughly 10% to 608. Data from the Centers for Disease Control and Prevention (CDC) and the National Highway Traffic Safety Administration (NHTSA) suggests that over $100 million is spent just in medical costs resulting from accident injuries and fatalities in Colorado. State agencies including the Colorado Department of Transportation and Colorado State Patrol are currently

Alcohol and speeding are believed to have played a role in a fatal accident in El Paso County. Charles Limbrick, a 44-year-old from Ramah, was killed in the crash along Highway 24. The Colorado State Patrol (CSP) said he was not wearing a safety belt when his truck left the roadway and flipped, leading to his death at the scene. Individuals from Woodmen Valley Chapel claimed he had been an active member of their spiritual community and he leaves behind his wife

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

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

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

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 &

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

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

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

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

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

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,

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

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

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

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 &

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

This is the second of our two-part discussion, Civil Lawsuits Following the October 2017 Mass Shooting in Las Vegas. First, we looked at the potential liability of those in the gun industry (i.e., manufacturers) when their products are used in horrific criminal acts. We next examine potential liabilities that the hotel, resort, casino, and promoter of the concert may face. Ten survivors filed a negligence suit against the hotel, resort, casino, and promoter in Los Angeles County, seeking to recover damages

This is the first of a two-part series concerning the recent mass shooting that left over 50 people dead and hundreds injured in Las Vegas when a gunman perched up in the hotel at the Mandalay Bay Resort & Casino opened fire on a massive concert event crowd below. The shooter is believed to have committed suicide moments after the assault. With the assassin now dead, who else may have potential civil liability associated with this tragedy? As with most of

New research by the American Journal of Public Health indicates that deaths associated with opioids have dropped in Colorado by 6%, just two years after recreational use of marijuana was legalized. This reduction in opioid-caused fatalities was the first of its kind in 14 years. Authors of the report did explain that their results thus far are still preliminary, as it is difficult to rely on data that merely spans a period of only two years. They feel that more research

The Center for Disease Control & Prevention stated that the U.S. had 33,091 deaths in 2015 related to opioids. The National Institute on Drug Abuse defines opioids as a class of drugs including prescription brands such as Percocet, Vicodin and Oxycontin, as well as synthetics including fentanyl, and the illegal drug heroin. In addition to relieving pain, these drugs are known to produce a “high” that creates their propensity for abuse. Colorado has unfortunately earned the second-ranking among states for highest rates

Under Colorado law, plaintiffs must prove several things in claims of negligence. First, is that the defendant owed a duty of care to the plaintiff at the time. Once established, it must be determined this duty was breached. Lastly, a causal correlation existed between the defendant’s breach and the injuries incurred. Negligence may be demonstrated through an action, or a failure to take action, which leads to injury recoverable by the plaintiff. Whether a defendant owes a duty is a

This is the fourth (final) part of our series involving vicarious liability. This legal concept potentially makes a vehicle owner liable for the negligent actions of another party, despite not being directly involved. We first looked at when a parent is liable for injuries caused by their child while driving, which involves the Family Car Doctrine. Next, we looked at employer liability for the negligence of their employees (respondeat superior) when operating in the scope of their employment. Lastly, we analyzed

This is the third segment of a four-part series that addresses vicarious liability and vehicle accidents. Vicarious liability is a legal doctrine that applies in situations where a party is potentially liable for the harm caused by negligent actions of another, even if the first party did not demonstrate the negligence themselves. It applies in relationships, such as a parent being liable for actions of their child, or, among other examples, an employer being liable for the actions of an

This is the second part of a series discussing vicarious liability; in particular, how it relates to the relationship between employers and employees. The respondeat superior doctrine makes an employer responsible for torts caused by their employees or others considered agents while operating within the scope of duties of their employment. Essentially, the employee is acting on behalf of the employer when the employer has control, or a right to control the employee’s actions. Another consideration is whether the employee’s actions intended

Does my insurance cover someone who borrows my car? Whose insurance would pay a claim if the borrower was involved in an accident? These are some questions that will be covered in this four-part Vicarious Liability series. According to Jeanne Salvatore, a spokesperson for the Insurance Information Institute, usually when you lend someone your vehicle, your insurance will cover potential costs of an accident. She noted that the vehicle owner must have granted the borrower permission to use the vehicle–which may be granted verbally.

The Colorado Supreme Court heard a case involving the admissibility of evidence used in a hearing regarding a driver’s license revocation. The case of Brian Rowland v. The Department of Motor Vehicles challenged the court to interpret the state’s statute. The question is whether the law requires that evidence provided from third-party sources outside of law enforcement must be in the form of an affidavit and sworn to under oath. Rowland was stopped by police who said he was crossing the yellow lane markers

Christopher Farr, a 43-year-old man from Arvada, was traveling in his Cadillac SUV on Ward Road when he crashed into a Ford F150 pickup causing a multi-car accident that took his life and the lives of three others. It was determined that Farr was under the influence of methamphetamine at the time. Jill McGranahan of the police department explained that it was determined he had 400 nanograms of the drug in his system. Farr, who would have potentially faced criminal charges, had

The Colorado State Patrol (CSP) reported that an SUV hit a bear while traveling on I-70 near Rifle, Colorado that killed three people. After striking the bear, the SUV spun into the opposing lanes of the highway. There were seven people in the vehicle, four of which were taken to hospitals. The bear was killed in the collision and investigators do not suspect alcohol or speed contributed to the accident. This incident is a reminder of the danger along the roadways in

Drivers who fail to yield or observe laws relating to rights-of-way is a problem on the roads. Much of the reason why these violations occur is that drivers do not recall rules related to yielding. The traffic laws generally do not define who has the right-of-way, rather they explain who must yield based on a variety of possible circumstances. Data across all U.S. states show that failure to yield the right of way are a cause of accidents. The Colorado State Patrol

Colorado has problems with traffic fatalities, with 545 in 2015, which represented a 10% rise over 488 in 2014. 2015 was also the all-time high for motorcycle fatalities within Colorado, with a total of 104. With 3.8 million estimated drivers in Colorado, the chances of a fatality are roughly 1 in 7,000. A recent study showed that lane violations are the cause in 8.4% of overall accidents, and yearly over 400 injuries or deaths typically occur. Colorado State Patrol (CSP) Trooper Paul

Approximately one in every three traffic fatalities in the U.S. results from a driver who is under the influence. Recent figures indicate that over 10,000 fatalities and over 200,000 injuries occur annually from drunk driving. Throughout the U.S. we have seen considerable reforms, legislation, and enforcement efforts related to drunk driving over the past 30 years. All U.S. states have a uniform established threshold for determining when a vehicle operator is over the limit for alcohol at a blood-alcohol level

The next causal factor addressed in this series is speed, which is a key risk factor in roadway accident injuries because it impacts the likelihood of a crash and generally increases the magnitude of the injuries resulting from crashes. Speed limits are established to maintain roadway safety; however, based on volatile conditions at a given time, there may be a need to recognize that a reduced speed is more suitable. Colorado statute explains that drivers must travel at a speed that

Distracted driving occurs when vehicle operators are texting, tending to children, eating, or reading while driving. Reports suggest that although drivers are aware of the problem, they continue to allow distractions to jeopardize themselves and others on the road. Proving that a driver was distracted is more difficult than, for example, driving under the influence of alcohol, which can be determined with a breath test. In response to this problem, Colorado Governor Hickenlooper recently finalized legislation that increases the penalty

Several common causes of roadway crashes, such as, inattentiveness, excessive speed, driving under the influence, lane violations, and failing to yield, cause approximately 70% of accident injuries or fatalities. The Colorado State Patrol (CSP) is the lone statewide agency responsible for enforcement of traffic laws. The CSP responds to about 30% of all car accidents in Colorado and investigates approximately 70% of those with a fatality. Properly identifying causal factors for crashes is critical in overall efforts to reduce injuries,

This is the third and final segment of the series Impaired Driving Marijuana, which will discuss public awareness regarding the potential dangers of driving under the influence of marijuana. During the period when the marijuana industry was seeking legalization in Colorado, cannabis was often promoted as a safer option than alcohol. The Colorado Department of Transportation (CDOT) conducted a survey that indicated 72% of Colorado marijuana users felt it was safer to drive after using marijuana compared to alcohol. Roughly 50% of respondents

Based on federal and state data beginning in 2013, drivers in fatal crashes are increasingly testing positive for marijuana. A recent Denver Post report analyzed information from coroners to determine the impact that marijuana legalization has had on roadway safety. Of the fatally injured drivers tested in 2016, roughly 10 had a concentration level at least five times the legal limit. The majority of surviving drivers that tested positive had levels indicating recent usage. Retail marijuana sales to adults started in 2014

Colorado legalized marijuana and those over 21 years of age may purchase it from retailers. In this segment, we discuss how the testing is handled to determine driver impairment. As with alcohol, Colorado has a measurable level (limit) in place, which is five nanograms of tetrahydrocannabinol (THC)—per milliliter of whole blood. In 2016, approximately 30% of traffic fatalities involved an impaired driver, which translated into 196 deaths. Roughly 17% of those arrested for operating a vehicle under the influence involved marijuana. Surprisingly, 55% of marijuana users

This is the third segment of our Who is Responsible series that addresses major roadway safety concerns. We have all witnessed incidents involving “road rage” at some point. Angry or aggressive drivers are seen yelling, making gestures, or brake checking. Some incidents have gone much further, leading to property damage, injuries and even death. Reported instances are rising, according to the Colorado State Patrol (CSP). Captain Jeff Goodwin explains that some drivers are quite dangerous at times. We will look at current data

In this second segment of the Who is Responsible series, we discuss another major roadway safety concern in Colorado. Hit-and-run accidents are a disturbing trend where motorists involved in collisions choose to immediately flee the scene. We will look at recent local examples, review data indicating the scope of the problem, insurance considerations, potential civil and criminal liability, and laws and actions being taken. Recent Denver Incidents Police in Denver are searching for a driver who collided with a pedestrian at 20th and Blake.

This is the first of several Who is Responsible articles about circumstances that contribute to accidents, injuries & deaths on Colorado roadways. The first involves instances when law enforcement vehicles chase (pursue) other vehicles. Although popular in movies, these situations are a very dangerous reality. We will review a recent Colorado Springs incident, discuss Supreme Court opinion, address police pursuit policy development, and analyze policies at several enforcement agencies here in Colorado. Five individuals in Colorado Springs remained in the hospital after

Over the last few years, new laws regarding distracted driving have been added all across the nation as many Americans are simply using their mobile devices constantly. A 2016 California-based survey indicated that 44% of people feel that texting while driving is the most dangerous form of distracted driving. Over 50% of respondents stated that they had been involved in a collision, or nearly in a crash because another driver was using a mobile device. In fact, the problem is so worrisome

The Colorado Department of Transportation (CDOT) is working hard on efforts to improve I-25. Between 2011 and 2015, there were 5,537 collisions along I-25 between Colorado Springs and C-470. In particular, there is an 18-mile stretch from Monument to C-470 that has been especially known for accidents. CDOT has launched their latest program titled “Mind the Gap”, which specifically focuses on this stretch of highway. The car accidents are largely either rear-end or sideswipe collisions among vehicles moving in the same direction, as well

There is little doubt that Colorado needs to remain focused on roadway safety after having 605 fatalities in 2016. The problem is not limited to passenger vehicles, as there were 125 fatalities among motorcyclists, 94 among pedestrians and 16 among bicyclists. These numbers represent over a 10% jump from the previous year, and the problem has received attention by the Colorado Department of Transportation, the State Highway Patrol and other such agencies. We are still a few years away from truly beginning

The Colorado Department of Transportation (CDOT), through the RoadX program, is working on several initiatives involving new technology and innovative strategies to make our roadways safer. The Smart 70 program will test Vehicle-to-Infrastructure (V2I) communications along I-70 including higher-risk, mountainous segments. V2I communication allows infrastructure along our roadways to exchange important information. Another term commonly used in describing this concept is Intelligent Transportation Systems (ITS). Some examples of infrastructure include traffic signals, strategically placed sensors, and overhead message signs. The benefits of this connected

Colorado is moving forward to determine the feasibility and benefits of using a new technology called vehicle-to-vehicle (V2V) communication. The Colorado Department of Transportation (CDOT) is continuing their RoadX program and has an exciting pilot program upcoming in conjunction with a company known as HERE. HERE specializes in mapping technology and real-time data analytics to evaluate vehicle-to-vehicle communications. The venue for the pilot will be I-70, which extends across the state and passes through dangerous mountain regions that receive significant snowfall. The channel

Colorado Governor John Hickenlooper signed legislation recently allowing for controlled testing of autonomous vehicles as long as it can be done while adhering to the current roadway rules. Hickenlooper says he is seeking a way of maintaining regulations while not creating “red tape” that could hinder innovation. State Senator Owen Hills explained that the new policy is not intended to outline a detailed set of how smart cars should be operated, instead to simply make certain the testing is safely conducted. Much

According to the National Highway Traffic Safety Administration, there were 35,092 fatalities in vehicle accidents in 2015. This was a 7.2% increase over the prior year and the highest rise in the U.S. since 1966. Anthony Foxx, the U.S. Transportation Secretary, issued a need for action among data experts, safety specialists and others to determine the causes and create solutions. Here in Colorado, there were 546 such fatalities in 2015, representing a staggering 12% increase over the previous year. We do not

In this five-part series, we have identified the leading contributing factors and causes of auto accidents including human contributions, weather, and road conditions. In this final segment of the series, we will focus on what is being done in Colorado to prevent accidents. The 2017 Integrated Safety Plan (ISP) published by the Colorado Department of Transportation (CDOT) outlines programs, initiatives, goals, and funding. It is truly an integrated plan that involves the National Highway Traffic Safety Administration (NHTSA), Federal Highway

This is the fourth of a five-part series that addresses the many factors that can result in traffic accidents and the injuries, fatalities, property damage and other societal harm associated with them. In Colorado, we enjoy all four seasons of the year and can be subjected to quickly changing the road conditions. Here we will seek to understand the different challenges that drivers encounter such as muddy, icy, or snowy conditions and identify the best practices for traveling safely. Colorado

In the third part of the series, we look at another factor in vehicle accidents—weather conditions. Colorado’s geography and terrain allow for beauty and great recreational activities, yet many of the state’s roadways travel through mountainous regions that receive massive amounts of snow. Due to these changes in elevation, drivers face significant stretches of roadway with sharp inclines and abruptly changing weather conditions. During the winter, the possibility of ice on the roadways is extremely dangerous. Weather is obviously a

This is the second of a five-part series that explores the many factors that contribute to traffic accidents and their often devastating consequences in the U.S., and chiefly in Colorado. The state’s Department of Transportation explains in their 2017 Integrated Safety Plan (ISP) and Strategic Highway Safety Plan (SHSP) that, in order to further progress toward the goal of “Zero Deaths” along Colorado roads, knowledge is critical. The ISP recognizes the three contributing factors in auto accidents: the roadway, the

This is the first of a five-segment series that seeks to explore the causes of vehicle accidents in the U.S., particularly in Colorado. The series is focused on prevention. There are a host of factors in vehicle accidents which can be broadly differentiated as being caused by human or non-human reasons. Vehicle accidents have negative consequences that are overtly tragic and life-altering, such as severe injuries and fatalities; however, there are also less publicized, yet still impactful outcomes such as

Isaak Komisarchik, an 82-year-old Denver man, died in a parking garage elevator recently, although he had twice pushed the emergency notification button. Komisarchik, who was believed to have dementia, was unable to exit the elevator and was discovered by maintenance staff after residents complained of an odor in the area. The man’s reduced mental state is believed to have played a role in his inability to exit the car. The Denver Fire Department made the discovery in the garage, which is adjacent

David Dyer was operating a speedboat recently that was in a collision with a bass boat which killed Danny Phillips and Shawn Lanier on Lake Murray in South Carolina. Dyer survived and denies acting in a negligent manner when the crash occurred. The family for Lanier filed a wrongful death claim against Dyer citing reckless operation of the boat and for failing to assist those aboard the other boat when the accident occurred. Meanwhile, Dyer has filed a claim against the Phillips’

In civil cases, such as claims of personal injury or wrongful death, many potential types of documents may be presented to the court. The Federal Rules of Civil Procedure (FRCP) contain certain requirements that the courts impose that are procedural in nature, as well as stipulations concerning that the information contained is factual. For this reason, those bringing a claim should always seek capable legal representation from an experienced lawyer. When a party submits documents such as pleadings or motions, it

When a child dies, many parents feel as if an integral part of them has died. Immense feelings of sadness and grief plague bereaved parents in a manner that is unparalleled. However, in the event that a child’s death could have been prevented – which is also known as a wrongful death – these feelings are exponentially magnified. In the nation, parents are able to file a lawsuit against any individual, organization or entity that they believe to be legally

A U.S. law enforcement officer shoots a dog on average every 98 minutes; in fact, roughly 10,000 pet dogs are killed this way each year. In Colorado & Texas, enacted laws require officer training on being humane toward animals. The Cincinnati Enquirer reports that since 2010, the city’s police department has either used a taser or a gun on a dog on at least 82 occasions, roughly once per month. Of those 82 dogs, 25 of them were killed, most involved a

The Denver Post reports that Nationwide Insurance recently used a device which is installed on vehicles to track a driver’s habits that may signify dangerous vehicle operation such as abrupt braking and rapid acceleration. The findings indicate that Colorado drivers tend to rapidly accelerate much more than drivers in other states. The Thursday morning work commuters demonstrated the most aggressive driving, followed by those driving on Sundays. Colorado is among several states with overly aggressive drivers including Washington D.C., New

The Federal Rules of Civil Procedure (FRCP) guide civil actions in the U.S. District Courts. The FRCP provides a comprehensive framework for fair, efficient, and economical execution of civil proceedings. The Supreme Court implemented the original version in 1937, and the 12 titles have been revised and amended over the years. Title 1 – FRCP Scope: Summarizes the overall mission of uniformity and equitable administration of federal civil actions. Title 2 – Commencement of Suits: How suits are initiated via complaint and the processes

The Federal Rules of Civil Procedure (FRCP) outline procedures in civil matters in U.S. District (federal) courts. These rules are initiated by the U.S. Supreme Court in accordance with the Rules Enabling Act, then Congress has a period of seven months to veto the rule or it becomes law. The Federal Judiciary has a Judicial Conference, which typically recommends changes to the rules. Federal courts must apply individual state laws when deciding cases; however, if state law is ambiguous, the FRCP can

O.J. Simpson was recently granted release via parole from a Nevada prison. He still owes a $33.5 million civil judgment in the wrongful death case involving Nicole Brown and Ronald Goldman. The judgment was renewed in 2015 for an additional ten-year period. What property and assets are shielded from such civil judgments? Some states allow those awarded a judgment to garnish the earnings of individuals. Simpson maintains residency in Florida, which limits garnishments to 25% of earnings. The state also has strong “homestead” laws

When a court awards a civil judgment, it does not always result in a quick payment. Judgments must be collected before the expiration date. County court judgments run six years, while those in district courts extend it to twenty years. The party who is owed the award is known as the Judgment Creditor and the party who is responsible to pay the award is the Judgment Debtor. If an uncollected judgment is nearing expiration, you can petition the court for an extension. Remember, you

An 18-year-old man from Santa Fe, NM, is alleged to have been responsible for the death of Corrina Vaden, an Aurora, CO woman while operating a vehicle under the influence of alcohol in a severe crash which also injured two other passengers. Luke Griffin is facing criminal charges of vehicular homicide, DUI, and others, and was reported to have been well beyond the legal limits for being impaired. New Mexico’s alcohol threshold for operating a vehicle is merely .02 for those under

Paul Sizemore and his wife Jennifer Lenze were vacationing from California and went on a whitewater rafting trip hosted by Blazing Adventures in Aspen, CO. Sizemore, age 44, was knocked from the raft amid a stretch of the river referred to as “Hell’s Half Mile” and was unable to be rescued. His wife brought a claim of negligence and wrongful death against the company and several employees. All participants in these excursions must sign a document known as a “Participant Agreement for

Legislation is well underway in the U.S. House that will mandate that all helicopters now be manufactured with crash-resistant fuel tanks. In 2015, a fatal helicopter crash in Frisco claimed the pilot’s life and severely injured two others. Jared Polis and Ed Perlmutter, both U.S. Representatives from Colorado, are sponsoring the bill. Perlmutter said that although the problem was detected years ago, nobody has required that a solution is mandated for this hazard. Those investigating the incident feel that the crash may

The Denver Post reports that people and animals continue to be bitten by venomous rattlesnakes across the state. A family in Hayden says their dog was recently taken to Dr. Wayne Davis at Craig Veterinary Hospital for the treatment of two bite wounds and was administered anti-venom medicine. Davis has treated a total of 12 bitten animals so far this year. The veterinarian thinks the increase in the snake population stems from a surge in the population of ground squirrels–their preferred prey.

This premises liability case reached the Colorado Supreme Court. A claim was brought against William and Gladys Franklin, who were homeowners with a swimming pool where a severe injury occurred. James Vigil, who is mildly mentally retarded, was working at the home as a laborer as part of a program for the Arkansas Valley Handicapped Community Center. Vigil decided to dive into Franklin’s above-ground pool, which was only four-foot-deep. When he dove, Vigil’s head hit the bottom of the pool, causing significant

Michigan’s Supreme Court ruled on a personal injury case involving Virginia Rawluszki, who was killed when hit by a truck in a parking lot of a Menard’s home improvement store. The court unanimously decided to leave the appeals court decision in place and have them try the case with a jury, or reach a settlement. The family of the deceased asserts that the retailer should have installed stop signs at a crosswalk they created in the lot. The defense says that the

The Colorado Gazette reported that a hot-air balloon ride with 17 passengers was forced into a crash landing in a retention pond near Orlando. An unexpected shift in the wind forced the pilot to land in the water to avoid power lines. The pond is known to be a home to several alligators. According to Orlando Balloon Rides, the pilot, who had over 2,000 hours of balloon flying experience, was able to navigate a landing safely and there were no injuries. Both

This Fourth of July several Colorado communities decided to cancel their annual fireworks displays due to the heightened risk for fires. The regions have all been experiencing hot and dry weather, coupled with high winds, are a combination that is conducive for quickly spreading fires. The Public Information Office of the Durango Fire Department stated that the fireworks would pose to great a safety risk. A recent house fire in Durango spread to a wildfire that burned across 400 acres of land.

Armor Correctional Health Services Inc. is a company that presently provides medical care services to approximately 40,000 inmates in the U.S. The Miami-based organization was recently awarded a contract for the jail facility located in El Paso County, CO. The value of the contract for this 1,500 bed facility is estimated to reach roughly $40 million. Last year, Armor was prohibited from providing care in the state of New York after a series of deaths occurred. The company is said to have many pending

The family of a victim in a wrongful death case that resulted in a $6 million award in 2014 wants the Denver District Attorney’s Office to review the matter claiming that there was an internal “cover up”. Marvin Booker was being processed into a Denver jail in 2010 and he left the booking area to retrieve a pair of shoes he had left in the waiting room. The incident, which was caught on surveillance footage, showed four officers restraining him, possibly choking him, and

The city and county of Denver does not allow for ownership, possession, transportation, or sales of pit bull dogs. Denver defines a pit bull as being an American Pit Bull Terrier, Staffordshire Terrier, Staffordshire Bull Terrier, or dog that exhibits the bulk of the physical attributes of these breeds, according to the American Kennel Club or United Kennel Club standards. The ban was originally implemented in 1989 and was soon after challenged by those claiming the ban was not constitutional.

In 2016, the number of dog bite-related insurance claims continued rising. Over 40% of U.S. households now own a dog. The homeowner’s insurance industry is certainly feeling the impact, as an estimated 20% of claims are related to dog bites. It appears that the prevalence of incidents indicates that pet owners are not properly training, controlling, or supervising their canines when they relate with unfamiliar people and children. Claims topped $600 million for the year, and an analysis of the

A settlement was recently reached between the city of Hayward, Bay Area Rapid Transit (BART), and the family of James Greer in a wrongful death case. The suit alleged that Greer was improperly restrained until he was no longer conscious. Under the agreement, the city of Hayward will pay $995,000 and BART will pay $75,000 to the victim’s family. Greer’s family said that he went to purchase a lottery ticket in May 2014 and was pulled over in-route for suspicion

As spring turns to summer, the number of roadway construction projects in Colorado is at its peak level. Highway reconstruction and maintenance crews are working to improve our transportation system, and they face potential danger from careless or negligent motorists. It is critically important that drivers pay attention to the signs, signals and other warning indicators when approaching construction areas. The General Contractors of America recently released results of their study revealing that over 40% of contractors had witnessed a collision

Judge Gary Feinerman, in a U.S. District Court, recently dismissed a wrongful death case brought by the parents of Derek Boograd, a former National Hockey League (NHL) player. The suit claimed the NHL was liable for Boogard’s brain injuries and addiction to prescription pain medication which led to his death. Boogard was considered an “enforcer” on the ice, and played with the New York Rangers and Minnesota Wild over his six-year professional career. He died in 2011 of an overdose

On June 8, a collision between a bicyclist and a Toyota SUV led to a 52-year old cyclist’s death along South Wadsworth Rd in Littleton. According to the responding CO State Trooper, two cyclists were traveling along the edge of the roadway when the one cyclist abruptly veered in front of the approaching vehicle and was fatally injured. The roadway was closed down for several hours afterward; no one has yet been charged in the accident. Colorado Roadway Fatalities Rising

A civil case is underway in Boulder County District Court where the parents of a former Casey Middle School student claim gas from the sewer system made their daughter ill for a lengthy period of time. Margaret and Randall Smith claim their daughter suffered illness from exposure to hydrogen sulfide emanating from the sewer. The smell of rotten eggs had aroused suspicions of a problem since the school was reconstructed in 2010. During the 2014-15 school years, both parents and

A four-day trial concluded recently in the Colorado’s 6th Judicial District Court, with a jury awarding $225,000 to Kathy Sloan, who was injured in front of Maria’s Bookshop, a local bookstore that has been in Durango for over 30 years. Sloan had visited the store for a purchase and was exiting the retailer when she attempted to dodge an oncoming pedestrian. In her efforts to avoid a collision, Sloan’s foot landed in a dog water bowl resulting in damage to

A civil case is underway in Denver resulting from injuries to an inmate that occurred in a courtroom. Anthony Waller was in custody at the Downtown Detention Center and was escorted in shackles to a court appearance by sheriff’s deputy Brady Lovingier. During the proceedings, Waller was speaking to the judge when he abruptly slammed into a metal window frame. Waller is seeking damages, claiming that Lovingier caused the injury by grabbing his waist chain suddenly. Kenneth Padilla, Waller’s attorney,

A lower court ruling was recently upheld by the Michigan State Court of Appeals against Marysville High School. The plaintiff, the student’s father, brought a civil case claiming negligence and intentionally inflicting emotional distress which they claim led to the suicide death of 17-year-old Steven Jahn. The court concurred with the ruling that the defendants in the case were shielded by governmentally-based immunity. Jahn allegedly committed suicide by driving his vehicle into a concrete barrier while traveling on Interstate 69

A controversial neck hold was applied by police to an unarmed man at a Las Vegas casino. Toshii S. Brown was unable to be revived after he fled two pursuing officers through The Venetian and ultimately was restrained by a “lateral vascular neck restraint”. Critics of the maneuver claim it is simply dangerous to use, as some officers may hold the position, which can lead to death by choking. The police department states that this hold has been applied by

The much-anticipated state inspection report regarding a Ski Granby Ranch chairlift accident which sent 40-year Kelly Huber falling 25 feet to her death has been completed. A spokesman told the Denver Post that this was a very unlikely occurrence, and with the additional changes to be implemented, it will likely not occur again. The lift system known as the Quickdraw Express allows for operator adjustable speed changes, which led to Huber’s fall and death. The daughters were examined in the