Family Awarded $6 Million

Family Awarded $6 Million in Wrongful Death Case Wants Denver District Attorney to Review the Case

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
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Denver Banned Dog Breed

Denver Banned Dog Breed Law Seeks to Prevent Injuries & Related Liability

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.
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$600 Million Awarded in

$600 Million Awarded in Dog-Related Insurance Claim in 2016

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
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$1 Million Settlement Reached

$1 Million Settlement Reached in California Wrongful Death Case

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
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Tips for Preventing Accidents

Tips for Preventing Accidents in Colorado’s Road Construction Zones

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
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Parents of Former Hockey

Parents of Former Hockey Player Bring Wrongful Death Case against NHL

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
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Bicyclist Collisions On the

Bicyclist Collisions On the Rise Reinforces Disturbing Trend in Colorado

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
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Student Illness Caused by

Student Illness Caused by Gas in Boulder Valley School District Building

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
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Jury Awards $225,000 in

Jury Awards $225,000 in a Durango Injury Case Based on Premises Liability

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
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Civil Claim Underway for

Civil Claim Underway for Inmate Injured in Denver Courtroom

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,
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Michigan Appeals Court Dismisses

Michigan Appeals Court Dismisses Negligence Case in Student Death

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
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Las Vegas Police Likely

Las Vegas Police Likely to Face Civil Action in Usage of Neck Restraint Maneuver in Suspect’s Death

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
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Colorado Regulators Issue Report

Colorado Regulators Issue Report on Ski Chairlift Accident Leading to Woman’s Death

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
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Colorado Legislature Finalizing Two

Colorado Legislature Finalizing Two Bills for Vehicle Accident Prevention & Safety

The Colorado Senate is focusing on motorist safety with new legislation. Senate Bill 17-229 involves motorists who fail to exercise care as they pass stationary vehicles that are displaying their visual signals. Currently, those in violation of exercising caution nearing the emergency or towing vehicles along the roadway are committing a Class A traffic offense. The bill makes an addition to include municipal utility service vehicles. The penalty for a motorist who causes bodily injury will be increased from a
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Parallel Criminal & Civil

Parallel Criminal & Civil Cases Likely in Penn State Fraternity Pledge’s Death

In February, Timothy Piazza, a 19-year old Penn State University student died after collapsing down a staircase at a fraternity party while heavily intoxicated. Eighteen members of Beta Theta Pi have been charged criminally in connection with the death, following participation in a drinking game. The authorities were not notified for 12 hours. Piazaa’s family retained a Philadelphia-based attorney for a civil suit, which may be pursued parallel to the criminal case. So far there had been conflicting accounts of what
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Women on Bicycle Killed

Women on Bicycle Killed in Car “Dooring” Accident

Authorities in Cambridge, MA conducted an accident reconstruction of a collision which killed a 27-year old female bicyclist. Amanda Phillips was traveling down Cambridge Street when she struck an open car door which pushed her in front of a moving landscaping truck. Bicyclists use the term “dooring” to refer to a situation where someone opens a car door in front of an approaching cyclist. The results can be serious injuries—and even death. The “Door Zone” Analysts refer to an area
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Driver Falls Asleep Behind

Driver Falls Asleep Behind the Wheel & Nearly Drives into House

A man that was driving down Foley Avenue in Coon Rapids, MN abruptly fell asleep at the wheel and missed a turn. His vehicle remained heading straight toward a home; however, his car hit a parked truck which woke him and prevented the potential catastrophe. Police reported that the man was transported to a local hospital for treatment. AAA reports that those who sleep five hours per night or less have a four times greater likelihood of being involved in
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Major Insurer Denies Liability

Major Insurer Denies Liability for Injury Case Involving Borrowed Vehicle

In a South Carolina district court, the 2017 case of Nationwide Mutual Insurance v. Van Sickle & Rush challenged whether insurers could be responsible for paying liability claims stemming from accidents where the insured had loaned their vehicle to someone and caused an accident. Appolina Rush was driving a car borrowed from a Nationwide Insurance customer when she injured a couple (the Van Sickles) in a collision. The Van Sickles brought a suit against Rush and Lois Prince, the vehicle
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May is Motorcycle Safety

May is Motorcycle Safety Awareness Month & Large Rally Planned by Colorado Nonprofit

The month of May has been designed as Motorcycle Safety Month and the Colorado Department of Transportation (CDOT) has initiated a program to encourage motorcyclists to attend training programs currently available across the state. Sam Cole, a department spokesman, says that riders should take advantage of the available training, as riders who are simply mediocre should not be operating on the roads. In 2016, Colorado had 125 motorcyclist fatalities, which is a 15% rise from the prior year. This fatality
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Day Care Operator in

Day Care Operator in Florence Faces Wrongful Death Suit for 9-Month Old

Florence police and Fremont County sheriffs responded to a call regarding an unresponsive infant. 9-month old Rhett Walker was pronounced dead, which has led to a civil suit of wrongful death against defendants Christine and Sean Humphrey and James and Connie Clark. Rhett was brought to her day care provider in a car seat. Defendant Christine Humphrey placed the infant in the seat in the living room. Upon returning from another room, Humphrey noticed the seat had flipped over. She
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Will Continued Tort Reform

Will Continued Tort Reform Eliminate the Collateral Source Rule?

Back in 1854 on the Great Lakes, a steamboat collided with a schooner causing it to sink while loaded with freight. The schooner was insured and the defense argued that they had already been paid for the replacement. The court would not make any reduction in damages stating that the insurance had no relevance to the case. Many states still employ the collateral source rule (including Colorado), which existed under common law. The rule states that recovery for damages will
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Denver Implementing New Crosswalk

Denver Implementing New Crosswalk Signal Systems in Response to Surge in Pedestrian Traffic Fatalities

Auto accident-related deaths of pedestrians are rising more rapidly than fatalities among motorists, approaching 6,000 annually. As a part of fatalities from 2016 crashes, approximately 15% are among pedestrians compared to 11% from 2015. Experts attribute this trend to lower fuel prices and more people walking for exercise and environmental purposes. The largest contributor may be that both drivers and walkers are simply distracted by usage of mobile devices, but this cause it rarely documented and goes unreported. Denver is
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$1.6M Award in California

$1.6M Award in California Wrongful Death Case with Drunk Driver in a Rental Car​

It appears that a settlement has been reached in the wrongful death case of a couple killed in a head-on collision. The family of Bertha & Ruben Betancourt filed suit in Santa Barbara County Court against EAN Holdings, Enterprise Rent-A-Car and Shaquille Lindsey, the driver. Lindsey’s vehicle apparently crossed into the opposite lane at a pace exceeding the speed limit by over 20 mph. Lindsey was alleged to have been intoxicated. Grounds for action included wrongful death based on negligence,
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City of Greeley Settles

City of Greeley Settles Third Personal Injury Case This Year in Pedestrian Accident

The City of Greeley has apparently settled their third personal injury claim so far this year. They have paid out at least $725,000 in these incidents where fault was determined. This week, the city agreed to pay $225,000 to Jerry Hill, a pedestrian who was struck by a recently retired police officer who was driving an unmarked police vehicle. Hill suffered several injuries to the head, shoulders, and knees after being impacted in a crosswalk at 9th Avenue and 10th
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U.S. Supreme Court Rules

U.S. Supreme Court Rules on Tribal Immunity in Car Accident Negligence Suit

According to the National Conference of State Legislatures, there are presently 566 federally recognized tribes, in addition to a few recognized at the state level. Currently, in Colorado, there are two: The Southern Ute Indian Tribe of the Southern Ute Reservation and Ute Mountain Tribe of the Ute Mountain Reservation. Since these tribes are considered self-governing, they are similar to U.S. governmental entities in that they are afforded sovereign immunity which shields them from most litigation. Lewis v. Clarke Accident
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Life Saved at Vail

Life Saved at Vail Ski Resort Illustrates the Importance of Colorado Senate Bill 09-010

A snowboarder at Vail Resort named Peter Roskovich recently collapsed and went into sudden cardiac arrest. The Vail Ski Patrol sprang into action using an automated external defibrillator (AED) to temporary restore Roskovich’s pulse. Using a snowmobile, the patrol began transporting him to seek medical care. Strangely, Dr. Greenberg, a Vail Valley Medical Center cardiologist, happened to be skiing at the resort that day and upon realizing the circumstances, began further life preservation efforts during transport to the hospital. Greenberg
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Colorado Supreme Court Case

Colorado Supreme Court Case Addresses “The McHaffie Rule”

The 2017 case of Ferrer v. Tesfamariam Okbamicael & Colorado Cab Company L.L.C. made it to the state’s Supreme Court. Plaintiff Jessica Ferrer and a friend were injured when Mr. Okbamicael’s taxi cab hit them while they crossed a Denver street. Okbamicael worked for Colorado Cab (Yellow Cab), who owned the vehicle. Ferrer sued both the driver and Yellow Cab citing the driver’s negligence and that Yellow Cab was vicariously liable based on respondeat superior. In addition, the plaintiff charged
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Colorado Supreme Court Rules

Colorado Supreme Court Rules on the Collateral Source Rule in Auto Accident Case

What Is the Collateral Source Rule? The Colorado collateral source rule states that even if an insurance policy or another collateral source pays your medical expenses, the defendant will be liable for the full amount of your medical bills. The collateral source rule aims to hold at-fault parties liable for their actions, even if someone else has already paid for the victim’s medical bills. If you had $10,000 in medical bills and your auto insurance policy gave you $10,000 to
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Can Speed Enforcement Camera

Can Speed Enforcement Camera Footage Provide Evidence in Civil Accident Cases?

Colorado authorities have continued diligent efforts to improve roadway safety throughout the state. Unfortunately, 2016 was a difficult year statistically for CO, as an estimated 605 fatalities occurred during the year. This death toll included 125 motorcyclists, 84 pedestrians, and 16 that were riding a bicycle. This is an overall 11% increase over the 2015 statistics. Colorado is among the many states that uses cameras for enforcement of speeding and red-light type violations. As ticketing associated with automatic photographs becomes
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Passenger Forcibly Removed &

Passenger Forcibly Removed & Injured on United Airlines Flight Filing Civil Suit

A highly publicized incident was caught on video aboard a United Airlines flight preparing to leave from Chicago. After the passengers were aboard, the airline made an announcement that it was overbooked and offered $400 travel vouchers to those willing to take another flight. After nobody volunteered, the offer went to $800 and then $1000. Apparently, some United Airline employees were needed aboard that flight and no remaining seats were available. Dr. David Dao, a 69-year old physician, refused to
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Atlanta Hotel & Restaurant

Atlanta Hotel & Restaurant Facing Three Unrelated Wrongful Death Cases

The Westin Peachtree Plaza in downtown Atlanta is a fixture amid the skyline with a lengthy list of amenities. The site spans over 80,000 square feet and stands over 70 floors tall. The Sun Dial restaurant is unique because it rotates, offering dining guests a spectacular 360-degree overview of the city. In a bizarre sequence of events, this venue has endured three tragedies recently, which are all currently civil matters of wrongful death. Sun Dial Restaurant Death A 5-year old
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Peripheral Nerve Injuries Increasing

Peripheral Nerve Injuries Increasing in Prevalence Injury Litigation

Recent National Law Review studies indicate that peripheral nerve injuries seem to be increasingly cited in cases of personal injury. National estimates reveal that nearly 20 million individuals suffer from some variety of damage within their peripheral nerves. While many injuries are clearly apparent in auto accidents, such as wounds or fractures, peripheral nerve damages often exist covertly. Sometimes the symptoms may remain dormant for periods of several weeks. Many of these occurrences originate in accidents and reinforce the importance
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RD Legal Funding Taken

RD Legal Funding Taken to Court over Consumer Protection Concerns

The Consumer Financial Protection Bureau (CFPB) recently in conjunction with the New York attorney general are taking RD Legal Funding LLC to court for violations said to be related to federal and state laws concerning consumer protection. A suit filed in the U.S. District Court for the Southern District of New York indicates that the organization was targeting former NFL football players who were to receive settlements from a class-action suit based on concussion injuries they sustained. In addition, RD
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Postal Service Workers Report

Postal Service Workers Report 6,755 Dog Attacks in 2016

The United States Postal Service (USPS) released their annual report regarding dog attacks on U.S. mail carriers. Approximately 6,755 postal employees were attacked by dogs in 2016, a 3% increase from 2015. Denver reportedly ranked #7 on the list with 47 incidents. USPS spokesman Mark Saunders says that larger cities have the highest frequency of incidents, attributed to greater population density. The Center for Disease Control estimates that 4.5 million dog bites occur annually. Nearly one of every five of
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Nevada Amateur Racetrack Remains

Nevada Amateur Racetrack Remains Open After Two Die in Crash

SpeedVegas, Las Vegas’ indoor 11-mile auto racing track re-opened after 12 days of closure following the death of two individuals racing a Lamborghini that crashed and caught fire. Employees stated there were five crashes in the 1st year of operation. SpeedVegas rents performance cars for track usage without speed limits in vehicles capable of reaching 150 mph. A lawsuit was settled with undisclosed terms; Dominic Gentile, attorney for the plaintiffs, stated simply that “we resolved the matter” with confidential terms.
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Disagreement on Amount of

Disagreement on Amount of Damages for Fatal Helicopter Collision Involving Colorado Men

In 2016, there were zero deaths from crashes among U.S.-certificated scheduled airlines. This is the 7th year in a row that this feat has been accomplished. On the non-commercial side, The Aviation Safety Network reports that there were 18 fatal airline crashes in 2016 and 14 in 2015. The worldwide fatality rate is roughly one per 3.2 million flights. Two Colorado men were killed in 2014 when their helicopter collided with a small plane and the civil case is currently
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Two Separate Car-Pedestrian Accidents

Two Separate Car-Pedestrian Accidents Saturday on Park Avenue in Denver

With the emergence of spring in the Denver area, more citizens are out walking. In a bizarre coincidence this Saturday, two pedestrians collided with cars along different points on Park Avenue. The first was near the intersection of E. Colfax Ave., and the other, two hours later, was close to the Lawrence St. junction. The pedestrians in both accidents sustained injuries and were transported to hospitals. 2016 Pedestrian Death Toll The rate of pedestrian fatalities is rising more rapidly than
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Florida Jury Rules in

Florida Jury Rules in Product Liability Case with a Ford Explorer Rollover Death

The Colorado Department of Transportation published their findings regarding traffic fatalities for 2016. Overall, there were 607 traffic accident fatalities for the year. Of the fatal accidents, roughly 190, or 31% of these instances involved individuals operating under the influence of alcohol or drugs. These numbers indicate that CO has plenty of room for improvement in driving safety. Parker v. Ford Motor Co., Action Gator Tire, & Cooper Tire Katie Parker’s family filed a defective auto product and wrongful death
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The Top Ten Global

The Top Ten Global Causes for Liability Action

A new study by Allianz Global Corporate & Specialty suggests that the environment for risk is in a constant transition with the emergence of new potential liabilities. As technology continues to evolve, new scenarios which can produce tremendous liability begin to surface. Their report examined liability insurance claims in over 100 countries in many industry sectors. In the last five-year span, insurers doled out an estimated $9.3 billion for such claims, over 80% were attributed to ten areas of concern.
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Jury Rules in Case

Jury Rules in Case of Injured Fan at Cleveland Indians Game

Major League Baseball claims to have stepped up efforts to reduce fan injuries from being hit by foul balls and broken baseball bats. Rob Manfred, league commissioner, urged teams to expand the implementation of safety netting along the areas close to the field. For some reason, even with the expanded safety precautions, it seems that the problem is escalating. A New York Daily News reporter recently expressed concern that the problem may not be fully addressed until there is a
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Sexual Assault on College

Sexual Assault on College Campuses

Sexual assault is any variety of sexual contact or conduct that happens which lacks explicit consent by the receiver. Examples include forced intercourse, child molestation, incest, groping, and attempted rape. Someone who submits based on fear is not consenting. These acts of power or control usually are committed by perpetrators that the victim knows. Sexual activity that lacks consent is assault; those heavily intoxicated are at higher risk of being assaulted. University of Colorado’s Large Study A study named The
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Colorado Senate Bill to

Colorado Senate Bill to Revise Rule Evidence of Insurance in Civil Actions for Damages

The Colorado Legislature has a bill in progress to modify the state’s collateral-source rule. In prefacing the potential law, the Senate explained their overall outlook on auto accident liability. They acknowledge the devastating effects that are inflicted including death, severe injury, and property damage as a result of vehicle operator negligence. Another major concern is the increasingly heavy financial burden that responsible drivers face in auto insurance premiums that are partially caused by embellished and inflated billed amounts for medical
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Colorado’s Drug Dealer Liability

Colorado’s Drug Dealer Liability Act

The Colorado’s Drug Dealer Liability Act (DDLA) allows for civil actions against drug dealers. Those who are active in the illegal drug market may face liability for damages incurred by users of their products. There is a similarity between how this Act functions and how actions of consumer product liability do, as it holds a party responsible for the harm caused by their product. The consumer product liability law in CO is geared to target the manufacturer of defective or
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Illinois Family Awarded $16M

Illinois Family Awarded $16M Judgement Against Drug Sellers in Overdose Death

Steven Lorenz was 17 years old when he was sold a fatal dose of amphetamine, which he thought was the drug Ecstasy. His family brought suit under The Illinois Drug Dealer Liability Act (DDLA), which allows drug dealers to be pursued in civil actions for damages caused by the drugs they provide. Steven’s father felt that he should proceed with the case to heighten awareness about the dangers of drugs, and hopefully discourage drug dealing activities. He cited “symbolic” reasons
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Lengthy Truck Accident Liability

Lengthy Truck Accident Liability Case in WY District Court Settled

In 2010, William Schlenker and his son Richard were traveling on a road near Meeteetse at approximately a rate of 50 mph. Defendant Terry Jones was driving a semi-truck pulling a secondary trailer that was overloaded with 30,000 lbs. of hay. Jones took a sharp turn which abruptly sent the load of hay crashing into the Schlenker’s vehicle. Although they were wearing seat belts, William broke a rib and his wrist, while Richard suffered a broken neck. Jones acknowledged fault
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Consumer Product Liability Suits

Consumer Product Liability Suits Likely for Recalled Child Strollers

The U.S. Consumer Product Safety Commission announced a product recall that is underway for Britax child safety strollers which feature their Click & Go receiver mounts. The models involved are the Britax B-Agile and BOB Motion stroller products. Over 600,000 units are believed to have been sold in the U.S and approximately 40,000 throughout Canada and Mexico. These strollers are defined as “folding, single or double occupant” units where the Click & Go receiver attaches the carrier of the car
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Kentucky Supreme Court Reverses

Kentucky Supreme Court Reverses Landlord Liability in Tenant Dog Attacks

In 2012 the KY Supreme Court ruled that landlords may be subject to liability in incidents where a dog owned by their tenant bites someone. The decision includes the property landlord as a “dog owner” in such cases, even if they were unaware of the presence of a dog on the property. This week that ruling was reversed, limiting liability to solely the owner of the animal. Supporters of the reversal cited that landlords were unfairly being subjected to increasing
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St. Patrick’s Day Safety

St. Patrick’s Day Safety a Major Concern in Colorado

On March 17 many celebrate St. Patrick’s Day. Denver is hosting the 55th annual Emerald Celebration Parade, which culminates at Coors Field. Unfortunately, the holiday is also widely celebrated with excessive alcohol consumption and has become a dangerous day on our roadways. Drinking and driving takes roughly 10,000 lives in the U.S. annually. Approximately 30% of traffic fatalities are attributed to driver intoxication. In Colorado last year, over 26,000 arrests were made for DUI, and around 150 alcohol-related traffic accidents
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Colorado Legislature Addressing Rental

Colorado Legislature Addressing Rental Car Damage Liability

Colorado’s Legislature is passing a bill (HB17-1098) explaining financial liability for damage to rental vehicles. Most rental contracts state that rental agencies may collect for costs of repairs, towing expenses, and administrative fees. Recent controversy has related to “loss of use” fees, which cover agency losses when a vehicle is out of service for repair. Colorado law had not discussed this issue prior to a 2012 Supreme Court case. New York and Wisconsin have prohibited recovery of loss of use
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Fatal Boat Accident Brings

Fatal Boat Accident Brings Two Lawsuits Against Estate of Former Marlins Pitcher

The families of two young men, killed in a boating accident off the coast of Miami in September of 2016, are suing the estate of former Miami Marlins pitcher Jose Fernandez for $2 million each. Fernandez was also killed in the accident. Fernandez was on the boat with his friend, Eduardo Rivera, and his recently met acquaintance, Emilio Jesus Macias. Although Fernandez owned the boat, investigators are still not sure who was driving the “Kaught Looking” when it crashed into
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Drivers Having Sudden Drug

Drivers Having Sudden Drug Overdoses Becoming a Roadway Safety Concern

A new disturbing trend is emerging that poses a threat to both other vehicles and pedestrians on and near our roads. As the U.S continues coping with the “opioid epidemic”, law enforcement personnel has encountered accidents where the driver has “overdosed” while behind the wheel. A report out of Virginia says all U.S. states are encountering the problems associated with abuse of heroin and pharmaceuticals for pain treatment. They estimate the number of individuals with an addiction to pain medication
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What is the Difference

What is the Difference Between a Motion for Dismissal & Motion for Summary Judgement?

As part of the procedure in civil cases, both parties have the capability of making requests for court consideration. Motions are formal requests submitted to a judge to serve a variety of purposes. Examples include requests to continue (postpone) the proceedings, that an existing court order be modified, for case dismissal, and many others. The majority of these requests must be done in writing, unless during a hearing or trial, and notice is provided to the opposing party and/or their
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Colorado Supreme Court Interprets

Colorado Supreme Court Interprets Premises Liability Statute

The concept of landowner premises liability in CO dates back to its roots within common law. In 1990, the legislators formally implemented the Colorado Premises Liability Statute § 13-21-115 and the majority of the provisions have remained the same since. In 2008, a case developed which triggered a challenge to the statute’s interpretation. This ultimately led to the need for the CO Supreme Court to interject and clarify the issue in Larrieu v. Best Buy Stores L.P. The Injury Gary
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How Wearing Seat Belts

How Wearing Seat Belts Impacts Auto Accident Liability & Negligence

The Colorado State Patrol claims that there is a 82.9% seat belt compliance rate. The state’s law requires that both front seat occupants of a motor vehicle wear their seat belt. It is no secret that seat belts can save lives in auto accidents. How does failure to wear a seat belt affect Colorado civil cases involving negligence and liability in auto accident injuries? Colorado Court of Appeals Case Defendant Jon Staples appealed a ruling for Plaintiffs Lilli and Leon
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How is a Reasonable

How is a Reasonable Award for Exemplary Damages Determined?

In civil cases, the plaintiff can be awarded compensatory or actual damages such as hospital bills, medical equipment, and property damages. Exemplary or punitive damages may be awarded by the court also; however, these may only be pursued when the defendant’s actions are purposefully done. Exemplary damages must stem from the defendant’s intent based on fraud, willful or wanton conduct, or malice. Assuming that this burden of proof has been met, how do jurors determine a dollar amount to award
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Colorado’s Thanksgiving DUI Crash

Colorado’s Thanksgiving DUI Crash Prevention Project

Colorado remains diligent in their efforts to impede alcohol-related crashes and the potential injuries and fatalities they produce. During the Thanksgiving holiday, many are on breaks from work or school and attend social gatherings. Historical data shows that during this holiday span, a legion of drivers under the influence of alcohol are out on the roads. This year, the Colorado Department of Transportation (CDOT), the Colorado State Patrol (CSP), and others statewide executed their “The Heat is On” roadway safety
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How You’re Awarded Reasonable

How You’re Awarded Reasonable Exemplary Damages in an Injury Claim

In a lawsuit where an individual was severely injured, there are two types of financial compensation that can be awarded. Compensatory damages, often referred to as actual damages, are designed to compensate the victim for their losses. Examples of these could include medical bills, vehicle damage etc. Exemplary damages, or punitive damages, are awarded when the actions of another were influenced by some intent beyond simply negligence. Determining whether exemplary damages are applicable in a Colorado case involves measuring the
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Vicarious Accident Liability in

Vicarious Accident Liability in the Joint Venture Doctrine

A Colorado Court of Appeals case (2015COA129) involved a unique situation for assigning auto accident liability based on a doctrine of a joint venture. The Plaintiff, American Family Mutual, charges that Go Courtesy Ford (GCF) should be liable for injuries in a car accident. Kristin Hart visited GCF’s dealership considering a vehicle purchase. Hart and a salesperson went for a test drive, and the salesperson rode as the passenger and directed her route. Suddenly, Hart negligently turned and collided with
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What is the Financial

What is the Financial Liability of a Negligent Motorist?

According to the Rocky Mountain Insurance Information Association (RMIIA) approximately 16% of Colorado motorists are operating their vehicles without the state mandated auto liability insurance coverage. In comparison, the national average is approximately 12% in the US. The state has continually heightened efforts to improve means of communication between auto insurance providers and the state authorities responsible for enforcement. State Legislative Declaration In C.R.S. 42-7-102 the general assembly addressed the “human suffering, loss of life, limb and property” brought about
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Accident Liability Under Colorado’s

Accident Liability Under Colorado’s Family Car Doctrine

Many parents may not be aware of a dusty law on Colorado’s books. Parents allowing their children to drive may be deemed liable for the results of their auto accidents. Variations of this law exist on a state-by-state basis. Traditional common law assigned parental liability based on who signed the child’s license application. Other states employ a “family purpose” law or will handle this issue under negligence by way of entrustment. Colorado’s statutes refer to this as the Family Car
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What are the Financial

What are the Financial Implications of Case Settlements?

Cases of personal injury or wrongful death seek to recover economic compensation for harmed plaintiffs. Three ways that these civil cases can be concluded include a settlement, a trial, or an appeal. A settlement can be viewed as a “pre-trial compromise” that is reached through negotiations. Agreeing to a settlement is common, as it avoids further formal litigation. If no compromise can be made, then the case enters the trial phase. If the Plaintiff wins the trial, a judge or
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What is the Comparative

What is the Comparative Fault Law in Colorado?

Of the types of tort, cases of negligence are the most common. Negligence is associated with personal injury and wrongful death cases such as auto accidents, slip-and-fall, work-related accidents and more. Liability for harm that results from negligent actions or indifference can be brought in civil action against an individual, company, or responsible party in Colorado. Understanding Negligence Conduct defined as being negligent is clearly distinct from intentional tort. The negligent tortfeasor doesn’t have any direct intentions of creating harm
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Colorado’s October Wildlife Migration

Colorado’s October Wildlife Migration Creates Dangerous Roads & Liability

Each year in Colorado during October and November, the various animal inhabitants of the state begin their journeys to the habitats where they reside during the winter. During these two months, the volume of wildlife-vehicle collisions (WVCs) spikes. These WVCs are almost as costly as they are dangerous to those traveling on roadways. According to the Rocky Mountain Insurance Association, these specific types of accidents cost insurance companies a tidy sum of over $1 billion annually in the US. Wildlife
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Premises Liability Case in

Premises Liability Case in Colorado Theater Shooting

An Aurora, CO Cinemark movie theater was the setting in 2012 where a gunman, James Holmes, went on a shooting rampage that led to (12) fatalities and (70) injuries during a screening of The Dark Knight Rises. The Denver Post reports that a large group of survivors initiated a suit in state court shortly thereafter. The plaintiff alleged that poor security, such as having no armed guards on duty and insufficient security surveillance equipment, enabled the gunman to execute the
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Understanding Governmental Immunity from

Understanding Governmental Immunity from Liability

Courts and lawmakers recently have presented challenges to Colorado’s Government Immunity Act (CGIA), which was established in 1971. Viewing the law historically, in 1946 the federal government passed the Federal Tort Claims Act (FTCA), permitting suits against the government in the federal courts. The act is interwoven with laws at the state level, as federal courts have jurisdiction for claims, but individual state laws are applied according to “”where the act or omission occurred.” Factors encouraging legislation included: Citizens seeking
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Understanding a Ski Resort’s

Understanding a Ski Resort’s Liability for Skiing Accidents

It is no surprise to a skier (or snowboarder) that there are risks of injury when participating in skiing. Traveling down a slope on skis, often at a high rate of speed, amid surface conditions that are likely to have patches of ice can certainly be considered risky. The majority of injuries that occur while skiing involves skiers colliding with other skiers or with objects, and skier injuries associated with the usage of ski lifts. The skiing industry in Colorado
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Falling Asleep at the

Falling Asleep at the Wheel: New US DOT Program Plan

The ramifications of a driver falling asleep while operating a motor vehicle can be catastrophic. Accurately measuring the volume of auto accidents resulting from drivers who have “dozed off” is unlikely because there isn’t an effective way of determining if a driver was asleep at the time of an accident unless the operator discloses it. The National Highway Traffic Safety Administration (NHTSA) estimates that up to 20% of motor-vehicle-related deaths can be attributed to driver drowsiness. According to results of
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Colorado Sets Record for

Colorado Sets Record for Most Motorcycle Deaths

A recent headline on KDVR Fox 31 Denver indicated a disturbing trend that is emerging of motorcycle-related deaths in Colorado. They stated that the Colorado Department of Transportation recently completed their reporting based on the vehicle data for 2015, which showed that (106) fatalities occurred last year—an increase of over 11% from the prior year. Additionally, CDOT pointed out a startling statistic that although motorcycles account for a mere 3% of the traffic on our roads, they make up 20%
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What it Really Means

What it Really Means to Assume: Assumption of Risk 101

Aside from comparative negligence, the doctrine of assumption or assuming the risk is one of the most common defenses alleged in personal injury lawsuits. Assuming the risk occurs when a personal injury plaintiff knowingly and voluntarily assumes the risk of harm associated with the negligence or careless conduct of the defendant that led to the plaintiff’s injuries. If it is proven that you, the plaintiff, assumed the risk then you will not be able to recover damages from the defendant.
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Did Marijuana Use Contribute

Did Marijuana Use Contribute to My Car Accident?

When Colorado voters legalized recreational marijuana use in 2012, state and federal legislators began to worry about the potential negative consequences of driving under the influence of marijuana. Though Colorado law has serious penalties for drivers who operate a motor vehicle under the influence of marijuana (5 nanograms or more of THC per millimeter of blood in a driver’s bloodstream), there is still some uncertainty as to the safety of driving high. Across the United States, recent data suggests that
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Dog Bites By The

Dog Bites By The Numbers

Knowing, they say, is half the battle. With dog bites, education is 99% of the battle, if not more. At The Law Firm of Jeremy Rosenthal, we’re celebrating National Dog Bite Awareness Week with a series of posts designed to educate people about the severity of dog bite attacks in this country and how utilizing safety strategies when around dogs can help reduce the number of dog bite victims nationwide. Dog Bite Statistics Did You Know? Check out these dog
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Advantages of Contingent Attorney’s

Advantages of Contingent Attorney’s Fees

You have probably heard of contingent attorney’s fees, but do you know what that means? It means that your attorney is paid only if they recover money in your case, and they are paid proportionally to the amount recovered. This is different from paying your attorney an hourly rate. The percentage of your recovery paid to your lawyer is agreed upon beforehand, and your attorney will also be able to collect reimbursement for their out-of-pocket expenses. The majority of personal
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How Your Insurance Company

How Your Insurance Company SHOULD Treat You Following An Accident And What You Can Do When They Don’t!

Following a car accident, you will likely have to speak to two insurance companies to report the accident and give your account of what occurred: your own insurance company and the insurance company of the other driver. As the policyholder, your own insurance company will probably treat you better – at least that’s the way it should be. You are the customer whenever you purchase an insurance policy from an insurer. On the other hand, the other driver is the
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What is Comparative Negligence?

What is Comparative Negligence?

The law of comparative negligence (or comparative fault) is something you need to understand if you are planning to litigate your personal injury case. Comparative negligence can greatly affect the amount of compensation you receive once your case is settled or a verdict is returned. What Is Comparative Negligence? In essence, comparative negligence laws allow both parties involved in a personal injury suit to share responsibility for the accident. This means that as the injured party, you can still be
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How Can Road Rage

How Can Road Rage Influence Your Claim?

Sharing the road with other motorists is not always easy. Every day, thousands of drivers in Colorado make mistakes behind the wheel that are bound to irritate and annoy us. For many, the worst way in which these situations end is with an exchange of some, shall we say, “sign language.” However, this is not always the case. Sometimes, drivers on the road completely lose their cool and engage in risky and dangerous behavior. This is what we call road
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What Is Uninsured Motorist

What Is Uninsured Motorist Coverage And Do I Need It?

You’ve probably heard of it – Uninsured Motorist Coverage (UIM). But do you understand what UIM is, how it can protect you and whether or not you need it? Statistics show that many Colorado residents have no idea what UIM is and how it operates. While you may not be legally required to carry UIM, you should probably consider getting some. Uninsured Motorist Coverage As you probably know, Colorado law requires drivers to carry a minimum amount of auto insurance
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How Your Smartphone Can

How Your Smartphone Can Be An Extremely Useful Tool Following A Car Accident

Pretty much everyone of driving age these days has some form of a smartphone. With these devices, we can surf the internet, check our email and use GPS to navigate around town in addition to sending text messages and making phone calls. But what you may not have guessed is that your smartphone has all the tools you need for documenting important information and gathering evidence at the scene following your accident. After a car accident, your vehicle may very
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What Is Emotional Distress

What Is Emotional Distress and 5 Methods To Help Prove Your Claim

Proving emotional distress is very difficult. Unlike flesh wounds and broken bones, there is no diagnostic blood test or x-ray that can measure the emotional distress you have suffered. Rather, emotional distress is predominantly a psychological injury. Though there is no question that the suffering inflicted by emotional distress can be severe, you may have a difficult time demonstrating to a jury that you are entitled to financial compensation for your psychological struggles brought on by emotional distress. Though you
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What Damages Can I

What Damages Can I Receive If I’ve Been Injured On An Airplane?

Most people think that injuries on airplanes only occur if the airplane crashed. The reality, however, is that airplane crashes are extraordinarily rare, and you are over 3,000 times more likely to be involved in a car accident than a plane crash. Of course, this does not mean that you cannot be injured in the air. In fact, studies have shown that approximately 4,500 people are injured during flight travel each year. These injuries often result from the negligence of
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5 Tips For Avoiding

5 Tips For Avoiding A Winter Car Accident

Not only can collisions cause damage to your vehicle and personal injury, even a relatively minor fender bender can ruin your day. While inclement weather like snow and ice may be a common contributing factor in Colorado accidents, you may be surprised to know that the majority of crashes are caused by poor driving and inattentive drivers. Before you and your loved ones get behind the wheel, here are five easy tips to remember that can help you prevent a
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What To Do After

What To Do After A Construction Site Accident

There is no question that construction work is dangerous. So it is unsurprising that injuries on construction sites are common. Unfortunately, workers injured on a construction site do not know who is liable for their injuries or what steps to take following a construction site injury. Steps To Take Following Your Construction Site Injury If you have been injured following a construction site injury, follow these simple steps to ensure you protect your rights and get the compensation you deserve:
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9 Steps You Should

9 Steps You Should Take After an Accident

Being involved in an accident of any magnitude is likely a sudden and traumatic experience. For this reason, many people panic and do not know what to do after a car accident occurs. Though you want to act quickly and ensure that all drivers and passengers involved are safe, you also need to abide by all the legal requirements. Here is a simple list of what to do following an accident. 1. Stay At The Scene Of The Accident And
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Phone Apps For A

Phone Apps For A Better Commute

Everyone knows that when you are behind the wheel, it’s time to put your phone away. Distracted driving is a serious problem. In order to drive safely, you must always be aware of everything around you, and ready to react immediately to an unexpected circumstance. When you’re distracted by your smart phone, radio, or passenger, it slows your reaction time and can be dangerous for you and fellow motorists. But, technology isn’t all bad for commuters. In fact, a number
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What Causes Potholes?

What Causes Potholes?

Winter driving can be some of the most dangerous. Inclement weather creates many hazards for drivers, including limited visibility, fluctuating tire pressure, and slippery roads. One of the most obnoxious and damaging cold weather problems is the creation of potholes. Continue reading to learn more about potholes and safely navigating winter roads. Be extra careful this and every winter. Eliminate distractions and slow down to accommodate slippery roads and limited visibility. If the roads are too treacherous to risk, don’t!
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3 Back to School

3 Back to School Driving Tips for Young Drivers

Fall is upon us and school is in full swing. That means textbooks, homework, early wake ups, and of course, driving to and from school. Whether you are an older student parking at school, or a parent dropping off and picking up, getting to school is a careful navigation around both vehicle and pedestrian traffic. Keep you and your (or your children’s) classmates safe this school year by exercising extra caution when driving to and from school. If you’ve been
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Adapting to Changing Weather

Adapting to Changing Weather on the Road

When you’re behind the wheel, getting safely from point A to point B often means being prepared for anything. A giant pot hole, someone slamming on their brakes, a texting driver, an unruly passenger, or unexpected inclement weather. The successful motorist must be ready to accommodate every situation as it arises. We never know what Mother Nature has in store for us next, so do your best to avoid being involved in a Boulder car crash by dealing appropriately with sudden
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How to Document Pain

How to Document Pain and Suffering After an Accident

When you are trying to get a settlement from an insurance company after you’ve been injured in an accident that wasn’t your fault, it is generally a pretty straight forward process. A precise amount will be determined for any all medical expenses you have incurred. If it was a car accident, repairs to vehicles or any other property damage will be quantified and reimbursed. There are several important steps you can take to ensure that you receive a fair and appropriate settlement
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How to Stay Safe

How to Stay Safe Around Aggressive Dogs

In Colorado, hundreds of thousands of people own dogs. Most dog owners are responsible people, aware that they need to keep their dogs leashed and in control at all times. Other dog owners aren’t as vigilant about dog safety meaning an encounter with an un-leashed dog can happen anywhere at any time.  If that encounter is with an aggressive dog, it is frightening and at its worst, can turn into a very dangerous situation. Common Signs of Aggressive Dogs Excessive
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Why A Skilled Trial

Why A Skilled Trial Lawyer Is An Asset For Personal Injury Cases

Having been an attorney for the insurance companies earlier in my career, I know how intimidated they can be by a proven trial lawyer willing to present cases to a jury. If you need the skills of a proven trial lawyer to defend your rights in a personal injury claim, set up an appointment to meet with me or call me directly at 303-825-2223 for a consultation about your specific circumstance.
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Driver Distraction on the

Driver Distraction on the Rise

The American Automobile Association commissioned a study at the University of Utah concerning the level of driver distraction presented by voice-controlled technology in new cars, according to NPR. The study concluded that many of the new voice-controlled technologies more distracting than talking on the phone. Notably, voice-to-text technology which allows the driver to send and receive email without using his or her hands, was determined to create what the researchers described as inattention blindness. The activity cognitively impaired drivers to
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What is a Catastrophic

What is a Catastrophic Injury?

Dealing with a car accident is difficult enough. And when it’s paired with a driver that is under the influence, it is even more heart wrenching and complicated. If something happens due to the negligence of someone else, one of the hardest parts is coming to terms with the fact that you had no control over the situation. Drivers that are under the influence are the number one cause of catastrophic injuries in car accidents across the United States. What’s
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Have Colorado Texting Laws

Have Colorado Texting Laws Gone Far Enough?

At the beginning of March, Colorado lawmakers decided to reject a new measure that would ban cellphone use while driving. The committee has stated that they will not let this measure go dormant. The bill would have banned hand-held calls as well as the usage of apps while driving. Distracted Drivers Now Number One Cause of Car Accidents The issue arises mostly from the usage of apps as far as parents are concerned. With Bluetooth being the norm, many drivers
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How to Document the

How to Document the Scene of an Accident

When you’ve been in an accident, it is natural to just want to exchange information with the other driver and move on with your day. Unfortunately now isn’t the time to be impatient. In fact, at the Law Firm of Jeremy Rosenthal, our Denver accident attorneys recommend that you be as deliberate as necessary, so that you record the accident details as accurately as possible. Properly documenting an accident scene is a critical first step to protecting your legal interests. If anyone is injured as
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