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
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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
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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
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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
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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
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Colorado is moving forward to determine the feasibility and benefits of using a new technology called vehicle-to-vehicle (V2V) communication. The Colorado Department of Transportation (CDOT) is continuing their RoadX program and has an exciting pilot program upcoming in conjunction with a company known as HERE. HERE specializes in mapping technology and real-time data analytics to evaluate vehicle-to-vehicle communications. The venue for the pilot will be I-70, which extends across the state and passes through dangerous mountain regions that receive significant snowfall. The channel
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Colorado Governor John Hickenlooper signed legislation recently allowing for controlled testing of autonomous vehicles as long as it can be done while adhering to the current roadway rules. Hickenlooper says he is seeking a way of maintaining regulations while not creating “red tape” that could hinder innovation. State Senator Owen Hills explained that the new policy is not intended to outline a detailed set of how smart cars should be operated, instead to simply make certain the testing is safely conducted. Much
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According to the National Highway Traffic Safety Administration, there were 35,092 fatalities in vehicle accidents in 2015. This was a 7.2% increase over the prior year and the highest rise in the U.S. since 1966. Anthony Foxx, the U.S. Transportation Secretary, issued a need for action among data experts, safety specialists and others to determine the causes and create solutions. Here in Colorado, there were 546 such fatalities in 2015, representing a staggering 12% increase over the previous year. We do not
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In this five-part series, we have identified the leading contributing factors and causes of auto accidents including human contributions, weather, and road conditions. In this final segment of the series, we will focus on what is being done in Colorado to prevent accidents. The 2017 Integrated Safety Plan (ISP) published by the Colorado Department of Transportation (CDOT) outlines programs, initiatives, goals, and funding. It is truly an integrated plan that involves the National Highway Traffic Safety Administration (NHTSA), Federal Highway
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This is the fourth of a five-part series that addresses the many factors that can result in traffic accidents and the injuries, fatalities, property damage and other societal harm associated with them. In Colorado, we enjoy all four seasons of the year and can be subjected to quickly changing the road conditions. Here we will seek to understand the different challenges that drivers encounter such as muddy, icy, or snowy conditions and identify the best practices for traveling safely. Colorado
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In the third part of the series, we look at another factor in vehicle accidents—weather conditions. Colorado’s geography and terrain allow for beauty and great recreational activities, yet many of the state’s roadways travel through mountainous regions that receive massive amounts of snow. Due to these changes in elevation, drivers face significant stretches of roadway with sharp inclines and abruptly changing weather conditions. During the winter, the possibility of ice on the roadways is extremely dangerous. Weather is obviously a
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This is the second of a five-part series that explores the many factors that contribute to traffic accidents and their often devastating consequences in the U.S., and chiefly in Colorado. The state’s Department of Transportation explains in their 2017 Integrated Safety Plan (ISP) and Strategic Highway Safety Plan (SHSP) that, in order to further progress toward the goal of “Zero Deaths” along Colorado roads, knowledge is critical. The ISP recognizes the three contributing factors in auto accidents: the roadway, the
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This is the first of a five-segment series that seeks to explore the causes of vehicle accidents in the U.S., particularly in Colorado. The series is focused on prevention. There are a host of factors in vehicle accidents which can be broadly differentiated as being caused by human or non-human reasons. Vehicle accidents have negative consequences that are overtly tragic and life-altering, such as severe injuries and fatalities; however, there are also less publicized, yet still impactful outcomes such as
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The Denver Post reports that Nationwide Insurance recently used a device which is installed on vehicles to track a driver’s habits that may signify dangerous vehicle operation such as abrupt braking and rapid acceleration. The findings indicate that Colorado drivers tend to rapidly accelerate much more than drivers in other states. The Thursday morning work commuters demonstrated the most aggressive driving, followed by those driving on Sundays. Colorado is among several states with overly aggressive drivers including Washington D.C., New
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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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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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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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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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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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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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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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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 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 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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