What’s Colorado Doing to

What’s Colorado Doing to Make Intersections Safer for Drivers, Bicyclists, and Pedestrians?

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
Read More
Pedestrians & Bicyclists Are

Pedestrians & Bicyclists Are Most Vulnerable Intersection Users

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
Read More
What Are the Human

What Are the Human Factors That Make Intersections so Dangerous?

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
Read More
What Are the Most

What Are the Most Dangerous Intersections in Colorado?

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
Read More
What Happens in Colorado

What Happens in Colorado If You Have Been in a Car Accident and Are Pregnant?

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
Read More
What Happens if a

What Happens if a Computer Glitch Causes Your Attorney to Miss a Filing Deadline in Your Lawsuit?

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
Read More
What are the Deadlines

What are the Deadlines for a Colorado Personal Injury Claim?

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
Read More
The Future of Fully

The Future of Fully Autonomous Vehicles After an Autonomous Car Claims Its First Fatality

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.
Read More
When Loved Ones Are

When Loved Ones Are Killed in Accidents: How Do You Cope?

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.
Read More
Transport Safety Rules Have

Transport Safety Rules Have Been Rolled Back: What That Means for You on the Highway

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
Read More
Can I Receive Social

Can I Receive Social Security Benefits If I Was Permanently Disabled & My Lawsuit Is Pending?

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
Read More
What Does a Plaintiff’s

What Does a Plaintiff’s Duty to Mitigate Damages Mean?

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
Read More
Can Allograft Transplants Make

Can Allograft Transplants Make All the Difference to Your Personal Injury?

This is the third part of our series about recent medical advances that are being developed and tested to aid in recovery from serious personal injuries, like those often occurring in motor vehicle accidents. Allograft implants involve transplanting tissue grafts — e.g., organs, bones, cartilage, and tendons — from one human to another. A graft is a piece of living tissue separated from its original location and moved to a location where it is supported by another source of blood. Allografts involve donors
Read More
Is Stem Cell Therapy

Is Stem Cell Therapy Viable for Treating Your Personal Injury?

This is the second of our three-part series about emerging medical advancements that may aid recovery for those who have incurred personal injuries. Stem cells have the capability of continuously regenerating and developing into other types of cells that are found within the body. They are able to divide and repair tissues within the bodies of humans and animals. Stem cells are also able to be created in laboratories. Stem cell therapy, which is a form of regenerative medicine, is
Read More
How Can Platelet Rich

How Can Platelet Rich Plasma Treatment Be Used to Treat Your Injury?

We are beginning a three-part series discussing advancements in the treatment and recovery for personal injury victims like those with auto accident injuries. The three treatments to be discussed in this series are in various phases of development, including clinical trials, awaiting FDA approval, usage as a “last resort,” or still emerging as a viable alternative among medical professionals and health insurers. The first treatment to be discussed in this series is Platelet Rich Plasma (PRP) injections. PRP injections are demonstrating effectiveness
Read More
What is the Difference

What is the Difference Between an Independent and Compulsory Medical Exam?

Injury suits may have large financial ramifications and defendants certainly will pursue all available information. The discovery process entitles parties to access reasonably obtainable and relevant material. This may include records containing medical, financial, or employment information. Sometimes the physical or mental health of a party is questioned in a case and the opposing counsel may request (by motion) that the court order an independent medical examination (IME). This examination is conducted by an independent physician who will compile into one report
Read More
What Questions Are Asked

What Questions Are Asked at Your Personal Injury Deposition?

A deposition, such as in an automobile accident case, is a formal process where you will be questioned by the opposing party’s legal counsel to gather potential evidence for the case. Depositions occur prior to trial and the venue is typically a conference room at one of the attorney’s offices or possibly at the office of the party to be deposed. Testimony in a deposition is conducted under oath and is transcribed by a court reporter or otherwise documented, and it may
Read More
What Impact Does a

What Impact Does a T-Bone Car Accident Have?

This is the third of our five-part series called Anatomy of a Car Crash. We will more thoroughly discuss a topic from our recently posted white paper titled Common Auto Accident Injuries in Colorado. Side-impact accidents are those where the front of a vehicle collides into the side of another. Other common terms used to describe this type of accident include angle or lateral impact, a T-bone, or broadside collision. These kinds of collisions are often likely to result in catastrophic injuries or death.
Read More
What Impact Does a

What Impact Does a Rear-End Car Accident Have?

This is the second segment of our five-part series called Anatomy of a Car Crash. Here, we will focus on the dangerous impact involved in rear-end accidents, which is when one vehicle strikes another from the rear. These are among the most commonly occurring types of vehicle collisions. The National Highway Traffic Safety Administration indicates that rear-end accidents compose approximately 23% of all occurrences, leading to substantial occupant injuries and property damage. They tend to occur during the day and the car that
Read More
3 Types of Impacts

3 Types of Impacts in Car Accidents

This is the first segment of a five-part series titled Anatomy of a Car Crash. The series will expand on several key topics that were recently addressed in our white paper Common Auto Accident Injuries in Colorado, which we invite you to read at this link. In this initial part, we discuss the three types of impact that occurs in a single crash. Impact is defined as an instance when something is struck with force. The three types of impact that occur (in succession) are
Read More
Is My Case Worth

Is My Case Worth Suing the At-Fault Party in Court?

A commonly asked question relates to whether pursuing a civil action for injuries in court is advisable. In making this determination, you must look at the many variables, facts, and unique circumstances that are potentially involved. In situations where someone is an injury victim, the goal is to secure compensation that is sufficient for the damages incurred. The vast majority of accident claims are settled as a result of negotiation before entering the courtroom. When such negotiation is conducted by seasoned Denver
Read More
Was Faulty Road Design

Was Faulty Road Design a Reason for Your Accident?

Those on U.S. roadways as a motorist, bicyclist, or pedestrian are more likely to be killed in a traffic accident than from a fire, drowning, stroke, diabetes, or skiing. In Colorado, the number of traffic fatalities rose to over 600 in 2016 and in Denver the number of roadway deaths has increased each year since 2005. Shailen Bhatt, the executive director of the Colorado Department of Transportation (CDOT), says that the death toll is “not acceptable.” Motorists may underestimate the importance
Read More
Make Your Car Safe

Make Your Car Safe with Relatively Inexpensive Add-Ons

Across the U.S. in 2017 there were 40,100 motor vehicle fatalities, which is just short of the 2016 total of 40,327. Approximately 4.57 million people suffered a serious injury resulting from a motor vehicle accident. Over the last twenty years, we have seen many significant safety features that have become standard equipment in vehicles including airbags, anti-lock brakes, and electronic stability control. The market today has many relatively inexpensive products that are available to add to your overall safety. Dash Cameras
Read More
How Do Colorado Drivers

How Do Colorado Drivers Compare with the Rest of the Country Among Snowy Conditions?

According to Fox31 News, it appears that we are likely in for roughly another six weeks or so of snow, which is good news for skiers. It does remind us, however, that wintry weather conditions will continue to create potentially dangerous roadway conditions, particularly in the mountainous regions. Amy Ford, of the Colorado Department of Transportation (CDOT), says the agency is working hard to maintain the roads amid often challenging weather events. In the meantime, here are a few weather related
Read More
Dangerous Accidents Continue on

Dangerous Accidents Continue on Colorado’s Highway 13

Fatal crashes continue to increase all across Colorado, where there has been a 30% rise in fatalities since 2014. The Colorado Department of Transportation (CDOT) reported 635 traffic fatalities in 2017; a figure that they suggest is not simply the result of increases in the population. Colorado’s State Highway 13, just north of Rifle, has been a continuous trouble spot for accidents. Garfield County and State Patrol data indicates that 92 crashes have occurred in the area between 2013 and 2017. Recently,
Read More
Can Self-Driving Cars Handle

Can Self-Driving Cars Handle Winter Snow Storms?

How do autonomous (driverless) vehicles perform when operating amid tough wintry weather conditions? At the VTT Technical Research Centre located in Finland, they have developed Martti, a driverless vehicle that is capable of handling the challenges of snow and ice-filled roads. The vehicle is based on Volkswagen’s Touareg and it has had some success operating in the snow in the Lapland area of Finland traveling at a rate of 25 miles per hour. Carl Wellington, an engineer with Uber’s autonomous vehicle development
Read More
Things to Consider Before

Things to Consider Before Filing a Personal Injury Lawsuit

Courts across the U.S. are reporting increases from 2015 to 2016 in civil suits, with a 5% rise nationwide and 6.8% rise in Colorado. Many filers are pursuing financial compensation after incurring injuries from vehicle accidents, defective products, and more. As with any important decision, it is best to carefully consider whether to pursue a personal injury lawsuit. In injury cases, the first course of action is not typically a lawsuit. In vehicle accident cases the party that would pay a settlement
Read More
What Happens When You

What Happens When You Are in a Car Accident in Another State?

As you travel through other states for a vacation or business, you may be involved in an out-of-state traffic accident. Here, we will look at how the processes may differ because you are located in a different state. Remember regardless where a crash occurs, you should immediately contact emergency responders if anyone is injured. The procedural and financial implications are secondary to the health and well-being of everyone. As long as you maintain auto insurance, you should be covered anywhere in the
Read More
What is Your Car

What is Your Car Accident Claim Worth in Colorado?

Colorado continues to experience a rising volume of vehicle accidents, many of which are quite severe. From 2014 to 2016, the Department of Transportation reported that there was a 24 percent increase in crash fatalities. When a crash is based on a party’s negligence and there are injuries and/or significant property damage, grounds may exist for a claim of personal injury. In a personal injury action the plaintiff seeks to recover financial compensation to be “made whole” through a settlement
Read More
What does Marijuana Mean

What does Marijuana Mean for Risk and Liability?

Drivers in fatal crashes are increasingly testing positive for marijuana in Colorado, with a rise from 627 to 880 fatal accidents between 2013 and 2016. In 2013, roughly 10% of drivers in fatal crashes tested positive, but in 2016 this number doubled to approximately 20%. One important thing to remember is that with the recent changes to marijuana laws, the frequency of testing for marijuana is higher now than in years past. Business Risk & Liability Marijuana usage can have ramifications
Read More
Risk and Insurance: What

Risk and Insurance: What does Marijuana Mean for Personal Injury and Car Accident Claims? – Part 1

This blog is the first of two parts, which will discuss marijuana usage’s influence on car accidents and personal injury claims. A recent online Harris Poll surveyed over 2,000 individuals in the U.S. and revealed that over 98% of Americans felt that using social media and sending or receiving text messages while driving was dangerous, yet only 91% felt driving under the influence of marijuana was. Only 40% of respondents believed that marijuana usage was actually causing vehicle accidents. Several studies were
Read More
Wrongful Death Lawsuit in

Wrongful Death Lawsuit in Colorado Springs, CO

A claim of wrongful death has been filed against the former leader of the El Paso County Republican Party regarding a 2017 vehicle accident that resulted in the death of a pedestrian and spurred some local controversy. The claim was filed in the Fourth Judicial District Court alleging that Trevor Dierdorff demonstrated negligence when he struck Mel Tolbert, the long-time owner of Platte Floral, while he was crossing a street in downtown Colorado Springs. The police had originally issued a traffic citation
Read More
What You Need to

What You Need to Know from the Airth v. Zurich American Insurance Company Ruling

In Airth v. Zurich American Insurance Company, the Colorado Court of Appeals, Division II, was tasked with determining if the summary judgment ruling in the defendant’s favor was appropriate. Rickey Airth, the Plaintiff-Appellant, was injured in a vehicle accident when operating a tractor-trailer owned by the company he worked for—Solar Transport. The accident was the fault of an uninsured motorist. Solar Transport had an uninsured motorist policy in place at the time for $50,000 through Zurich American Insurance Company (“Zurich”), the
Read More
What Do I Do

What Do I Do if the At-Fault Party is Under-or Uninsured?

The Insurance Research Council tracks uninsured motorist claims filed with auto insurance companies. Their recent data suggests that approximately 16.2% of Colorado motorists are uninsured, which is higher than the national average of 12.6%. The state does require that all motorists have vehicle liability insurance of certain minimum levels. Residents are required to present documentation showing insurance coverage for vehicle registration and may impose penalties for driving without coverage. For reasons unknown, the state ranks in the top-ten in this
Read More
Am I the Victim

Am I the Victim of a Car Crash Scam?

Here, we look at accidents that are part of scams orchestrated by criminals. Most citizens are honest and hardworking members of society; however, there is a criminal element that seeks to take advantage of aspects of accidents and insurance. Actions classified as fraud, such as the auto accident scams we will discuss, are among the most common financially-based crimes in the country. Organized Criminal Activity Certain regions of the United States have particularly high rates of such activity. In Colorado
Read More
What Do You Do

What Do You Do if Involved in a Serious or Fatal Car Accident?

The National Highway Transportation Safety Administration estimates there are more than 6 million passenger car accidents and another 4 million light truck accidents annually. In light of these statistics, drivers seem to have a false sense of security on the road today: vehicles are increasingly comfortable with many enhanced safety features, offering a feeling of safety. The reality is that each day accidents lead to property damage, injuries, and fatalities. Being prepared with the knowledge of how to proceed after
Read More
What are the Side

What are the Side Affects of a Traumatic Car Accident?

This is the first of a four-part series titled Nightmare Scenario Car Accidents discussing the often traumatic implications of car accidents. According to Merriam Webster, the term traumatic is used to describe a disorderly mental or behavioral state that is caused by severe stress or physical injury. In terms of a car accident, the events of an accident could be shocking and result in severe physical harm or death. Data from the Insurance Institute for Highway Safety indicates there were 37,461
Read More
What Vehicle Safety Features

What Vehicle Safety Features Add the Most Bang for the Buck?

The Insurance Institute for Highway Safety reports that nationwide there were 37,461 fatalities in motor vehicle accidents in 2016. The yearly cost associated with auto accidents is now estimated to be in excess of $240 billion. When considering these statistics, it should come as no surprise that there is a strong demand for new vehicle safety technology. Meanwhile, the automobile industry continues to progress toward autonomous (self-driving) vehicles and many new “smart” technologies have been implemented for safety purposes. Those
Read More
Do I Really Need

Do I Really Need an Attorney for My Car Accident Claim?

In 2016, the Colorado Department of Transportation (CDOT) data indicated that there were 608 traffic fatalities in the state, an 11% increase. This trend continued in 2017 with another rise in roadway deaths and thousands of people who suffered injuries of varying types. Despite widespread awareness in the community about vehicle accident safety, problems such as impaired driving, speeding, and distracted driving have continued to make Colorado roads a dangerous place. How do you know if you need an attorney
Read More
What Medical Evidence Do

What Medical Evidence Do You Need in an Accident Claim in Colorado?

After being involved in a significant motor vehicle accident, it is critical to be examined by a doctor in a timely fashion, even if you feel that your injuries are minor or nonexistent. The following are some things to keep in mind if you have been injured in an accident. If your injury is apparent, take photos following the accident. You should always follow any treatment plan provided for you, failing to do so may hinder your ability to obtain
Read More
What is an Accident

What is an Accident Reconstruction Report?

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.
Read More
How Can Photographs Help

How Can Photographs Help Your Claim?

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
Read More
How Important is a

How Important is a Police Report in an Accident Claim?

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
Read More
What Evidence Do You

What Evidence Do You Need to Prove Your Car Accident & Personal Injury Claim? Part I

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
Read More
Colorado Ski Resort Towns

Colorado Ski Resort Towns Have Highest Rates in DUI Arrests

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,
Read More
Tractor-Trailer Hits Fire Truck

Tractor-Trailer Hits Fire Truck

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
Read More
Colorado Roadway Deaths Increased

Colorado Roadway Deaths Increased from 2016 to 2017

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,
Read More
Common Bone Injuries in

Common Bone Injuries in Auto Accidents

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
Read More
What are the Costs

What are the Costs Associated with Distracted Driving?

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
Read More
Are Children a Bigger

Are Children a Bigger Driving Distraction than Cell Phones?

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
Read More
Distracted Driving & Teens:

Distracted Driving & Teens: What New Drivers Need to Be Aware of

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
Read More
How Using Electronics Can

How Using Electronics Can Impact Your Driving

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
Read More
How Will Injury Claims

How Will Injury Claims Change with Technology in the Future?

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,
Read More
How Has the Claims

How Has the Claims Process Changed Over the Years?

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
Read More
What Did Injury Claims

What Did Injury Claims Look Like Without Digital Technology?

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,
Read More
What to Do After

What to Do After You Have Been in a Car Accident

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
Read More
Recent CO Crash is

Recent CO Crash is a Reminder of the Importance of Wearing a Seatbelt

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
Read More
Three Pedestrian Holiday Accident

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
Read More
6 Safety Tips for

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
Read More
7 Safety Tips for

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
Read More
6 Safety Tips for

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 &
Read More
Thanksgiving Accidents and Hazards

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
Read More
Accidents While Holiday Shopping

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
Read More
Increase of Auto Accidents

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
Read More
Thanksgiving is the Most

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
Read More
What Does a Lawsuit

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
Read More
What is the Auto

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,
Read More
What is the Difference

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
Read More
What if the Insurance

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
Read More
Colorado Supreme Court Addresses

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
Read More
Smart Cars May Help

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 &
Read More
Fatal Hit & Run

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
Read More
Oct 2017 Mass Shooting

Oct 2017 Mass Shooting in Las Vegas: Event & Venue Liability

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
Read More
Oct 2017 Mass Shooting

Oct 2017 Mass Shooting in Las Vegas: Gun Industry Liability

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
Read More
Studies Show Potential Correlation

Studies Show Potential Correlation Between Marijuana & Reductions in Opioid Deaths

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
Read More
Who’s Responsible for Your

Who’s Responsible for Your Opioid Addiction? The Patient, the Doctor, or the Drug Companies?

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
Read More
Duty of Care Questioned

Duty of Care Questioned in Pedestrian Accident Claim in Colorado

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
Read More
Vicarious Liability – Defective

Vicarious Liability – Defective Vehicle (Product Liability)

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
Read More
The Graves Amendment and

The Graves Amendment and Rental Car Liability

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
Read More
Vicarious Liability – Company

Vicarious Liability – Company Car (Respondeat Superior)

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
Read More
Colorado Supreme Court to

Colorado Supreme Court to Decide on License Revocation Statute

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
Read More
Vicarious Liability – Borrowing

Vicarious Liability – Borrowing a Car

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.
Read More
Arvada 7-Car Crash: Driver

Arvada 7-Car Crash: Driver Who Caused it Used Meth

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
Read More
3 Fatalities Following SUV

3 Fatalities Following SUV Collision With a Bear on I-70

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
Read More
How Does Failing to

How Does Failing to Yield Right of Way Increase Your Chance of Accident?

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
Read More
Colorado Lane Laws

Colorado Lane Laws

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
Read More
Colorado DUI Accident Statistics

Colorado DUI Accident Statistics

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
Read More
Exceeding Safe and Legal

Exceeding Safe and Legal Speed in Colorado

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
Read More
Distracted Driving Statistics in

Distracted Driving Statistics in Colorado

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
Read More
Vehicle Accident Trends in

Vehicle Accident Trends in Colorado

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,
Read More
Evolving Attitudes on Marijuana

Evolving Attitudes on Marijuana Usage in Impaired Driving Claims

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
Read More
Fatalities Related to Marijuana

Fatalities Related to Marijuana Impairment

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
Read More
How Do You Test

How Do You Test for Marijuana Impairment?

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
Read More
Who is Responsible for

Who is Responsible for Victims of Road Rage?

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
Read More
Who is Responsible for

Who is Responsible for Victims of Hit-and-Run Accidents?

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.
Read More
Who is Responsible for

Who is Responsible for Victims in Police Car Chases?

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
Read More
Truck Driver Alleges He

Truck Driver Alleges He Was Terminated for Refusing to Text While Driving

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
Read More
Accident-Prone Interstate 25 Puts

Accident-Prone Interstate 25 Puts Spotlight on New CDOT Safety Campaign

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
Read More
Safer Roads Through Technology

Safer Roads Through Technology & Innovation

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
Read More
Safer Roads Through Vehicle-to-Infrastructure

Safer Roads Through Vehicle-to-Infrastructure Communication

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
Read More

Office Location

  • Denver
  • Arvada
  • Aurora
  • Boulder
  • Brighton
  • Colorado Springs
  • Lakewood
  • Westminster
  • Wheat Ridge

Put my knowledge and expertise to work for you. Contact my office today to discuss your case in a free consultation.