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Recent Blog Posts
What Is the Timeline of a Workers’ Compensation Claim in Colorado?
When an accident happens at home, most people know what to do right away if they suffer an injury. When a person is injured at work, however, there are more variables, and a person may not know where to begin. Although most employees are eligible for workers’ compensation in the event of a work injury, there are certain steps and timelines to follow. In Colorado, it is important to obtain professional legal counsel to make sure you follow the proper procedures for filing a claim when seeking benefits.
Steps to Take After a Work-Related Injury
When an injury is life-threatening, or there is a risk of losing a limb, an employee is allowed to seek immediate medical attention. Otherwise, medical care will need to be administered from a provider chosen by the employer. This doctor will then become the authorized treating physician for that employee’s work-related injury.
Common Distractions That Can Cause a Colorado Car Accident
It may feel like there is not enough time in the day to focus on one task at a time, but operating a motor vehicle should be the only thing on a driver’s mind when he or she is behind the wheel. In Colorado, 43 accidents each day are caused by distracted driving. Although it only accounts for 13 percent of all accidents, distracted driving often causes serious injury or wrongful death. If a distracted driver causes a car accident, other parties involved may be eligible for compensation if they suffer injuries, property damage, or pain or suffering.
Proving Negligence for Distracted Driving
A personal injury case is reliant on being able to prove that negligence was involved in an accident. Under Colorado law, contributory negligence plays a role in determining compensation. A defendant is only obligated to compensate the plaintiff for his or her proportion of fault. If the court determines the plaintiff's negligence is greater than the defendant’s, the plaintiff may not recover any damages at all.
Fort Collins Truck Accident Is a Reminder of Dangers on the Road
Last week, a Chicago truck driver died in an accident near Fort Collins. Although the official cause of death has not been released, the 52-year-old man was declared dead at the accident site. Initial reports, however, have declared that intoxication or speed were not contributing factors. There were also no other people were injured during this accident on Interstate 25. The semi-truck went off to the right side, hit a sign, and rolled over. Any death on the road is a tragedy, but we know when a truck accident happens, the casualties can often be very serious.
A Truck Driver's Negligence Can Cause a Crash
What is unusual about this crash is the death of the truck driver. Statistically, passengers of other vehicles are much more likely to die as the result of a truck accident. In 2017, 683 truck occupants died in accidents, while 2,797 car passengers died in the same year. People in cars are much more vulnerable to truck accidents. Cars have more protection than a motorcycle, but either can be helpless against an 80,000-pound truck at full speed.
Motorcyclists Are the Most Vulnerable in Drunk Driving Accidents
It is no secret that motorcyclists are at a higher risk of injury that the drivers or passengers of cars and trucks. The lack of protection provided by motorcycles compared to other vehicles exposes a motorcyclist to major risk of injury if he or she is thrown from a bike or is involved in a crash with an automobile. Riders can take certain precautions to reduce injuries in the event of a motorcycle accident. However, the drivers of other vehicles are more likely to pose a significant danger to motorcyclists. For instance, driving while drunk presents a serious risk to everyone, but especially to motorcyclists.
Colorado Motorcyclist Dies After Being Hit By a Drunk Driver
Who Is at Fault for a Pedestrian Accident in Colorado?
When a personal injury case is on the table, one of the most difficult parts is proving which party was at fault. This often affects the amount of compensation a person can receive or whether someone has a case at all. In cases involving pedestrian accidents, there are many factors that may have caused the incident. In some cases, a collision can be caused by a reckless motorist who is driving under the influence or distracted. It is imperative to know what rights a pedestrian has and how these rights can impact the ability to recover damages in a personal injury claim.
Proving Fault
Colorado is what is called a “fault state” in regard to personal injury cases. This means whoever caused the accident may be held liable. Sometimes, there is a clear answer as to who was at fault, but most cases are not that cut and dry. Whether someone is operating a car or a truck or is a pedestrian, there are rules for every person on the road. These laws are to keep each other safe, and when broken, they can lead to accidents, injuries, or even death. Knowing the rights of a pedestrian may help determine whether a person is eligible for a personal injury claim.
Am I Entitled to File for Workers’ Compensation in Colorado?
Even when safety precautions are put in place, accidents can and do happen in many industries. Although no workers’ compensation case is alike, there are certain things a person can expect when filing for benefits regardless of the type of accident. If an individual is hurt and cannot work due to a workplace-related incident, most employees have the right to file a workers’ compensation claim. Employment laws exist to protect employees, and if a claim is approved, an injured worker will be compensated for lost wages and medical bills.
Colorado Employment Law
Almost all public and private employers in Colorado are required to have and maintain workers’ compensation insurance, with few exceptions. Keeping with regulations, a “Notice to Employer of Injury” poster should be visible to employees at all times. Employees should not feel threatened to report an injury if it ever happens. It is illegal to fire an employee who reports an injury and files a workers’ comp claim.
What Factors Determine Who Is at Fault in Colorado Car Accidents?
From a minor fender-bender to a rollover accident, car accidents can cause emotional and physical damage to a motorist. It may be nerve-wracking to get behind the wheel again, or an injury can completely change a person’s quality of life. Knowing the main causes of a vehicle accident can help a person become a more defensive driver, and it may also help determine if an accident victim is eligible for a personal injury settlement.
Determining Fault in an Auto Accident
How much a person contributes to the cause of a motor vehicle accident will determine who is liable and who is eligible for compensation. An important part of proving fault is whether or not the other driver acted negligently when the accident occurred. These common causes of car accidents often have a negligent party involved, and are the result of human error:
How Can False Driving Records Lead to Truck Accidents in Colorado?
Most people have records of when they work. Whether this is simply for recordkeeping, or to ensure that employees are properly paid for the hours worked, it is important to keep accurate data. If an hourly employee tried to manipulate his or her time card to make it appear as if he or she was working, the worker may be disciplined or even fired for stealing corporate time. However, when a truck driver records incorrect data and provides false driving records, this can not only affect a company's bottom line, but it can result in safety issues. If a driver falsifies information in order to exceed their allowed number of hours on the road, this can lead to dangerous truck accidents.
CMV Driving Limits
Commercial motor vehicle (CMV) drivers are subject to continuous driving limits. A CMV is any type of vehicle that is used for business purposes and meets any one of the following criteria:
How Can Motorcycle Accident Injuries Be Avoided in Colorado?
In 2018, according to the Colorado Department of Transportation, 16.3 percent of motor vehicle fatalities were motorcyclists—totaling 103. This is because, in an accident, a motorcyclist is more likely to suffer fatal injuries compared to a car or truck driver. When a motorcyclist weaves through other vehicles at a high speed, this can cause concern for other drivers. It also creates a poor stereotype that all motorcycle riders are reckless and irresponsible. Motorcycles are viewed as dangerous modes of transportation, and in many cases, the people who ride them have an equally negative bias against them. It is imperative for motorcyclists to adhere to certain safety standards in order to avoid being involved in an accident and suffering serious injuries. However, in some situations, a motorcycle accident can be caused by another driver's negligence.
What Are the Risks of Spinal Cord Injuries in the Workplace?
Workers in industries that require manual labor, such as construction, are at most risk for a spinal cord injury while on the job. The spinal cord is one of the most important organs in the human body. Housed by vertebrae, the spinal cord is the information highway of the nervous system that transmits signals to and from the brain. Humans have 33 individual vertebrae, which are the bones that make up the spine. These bones can be damaged as easily as a femur or humerus bone, except that instead of a broken leg or arm, the result can be damage to the spinal cord, resulting in paralysis in some cases. When this happens, and an employee is unable to return to work, he or she may be eligible for workers’ compensation.