Archive for category colorado personal injury
Motorcycle accidents caused by driver error
Posted by denverheat in Firing your Attorney, bankruptcy, bankruptcy lawyers denver, colorado injury lawyer, colorado personal injury, denver family law, personal injury, personal injury attorney on September 10th, 2010
The root cause of most motorcycle accidents is driver error. If the truck driv er is impaired from drugs or sleep deprivation. Other common causes are speeding, poorly loaded cargo and knowingly having mechanical problems. If you were a victim in a Denver motorcycle accident. If the driver involved in an accident was employed by a trucking company or other firm, then they may be liable for accidents. A knowingly incompetent or impaired driver should not be allowed on the road according to civil precedents.
If you were the victim of a motorcycle accident, especially one caused by a professional trucker, you should investigate the driver’s company. Allowing a impaired driver on the road is grounds for a Denver personal injury lawsuit. Driver error is 10X more likely to cause car accidents than weather, or road conditions. Make sure a driver in a Denver car accident were not using prescription or other drugs. Speeding and fatigue are other major factors.
When truckers get paid by how fast they deliver products, it leads to drivers going beyond federal guidelines. Fatigued drivers to fall asleep or not notice or misjudge traffic conditions. This causes Denver traffic accidents. There are service rules for professional drivers on how much they drive a year. Any driver that worked more than 14 hours in a day or drove for 11 straight hours could be liable for a negligence suit. After a certain number of hours in a certain number of days the driver can no longer drive.
To get around this, sometimes truckers fudge the log books. This can be detected with good investigative work by a Denver accident attorney. This is determined by time stamps at ever loading and unloading destination. On the other hand, mis-logging hours by itself is a suable offense.
Another common cause of accidents are those caused by drugs. Some truckers are trying to get around those tests with products specifically designed to defeat these tests. So the federal government now asks companies to look for drug tests from previous companies.
Driving a truck is inherently dangerous because of the blind spots on either side. If a car enters the blind spot, the driver cannot see it. However, it is the driver’s responsibility to monitor cars and motorcycles entering the blind area. Blind spots are dangerous areas that motorcycle riders should avoid. Truckers that try and take a turn too fast may roll over bikes. Improperly distributed truck loads, as well as inexperienced drivers are more likely to be involved in Denver accidents. One way you can find out about these kinds of errors is to access company logs and on-board trackers.
Manslaughter and Wrongful Death
The legal system in the United States is divided into two different fields. One is criminal law, where crimes are considered to be against everyone and are brought to trial by a representative of the state. For a death, this would be a case of homicide or manslaughter involving the police and the district attorney. There are also crimes against people or property which are handled by civil law. The responsibility of bringing these cases to court lies with those who were wronged. So in a death, the surviving family members could sue the person responsible for wrongful death. The two court systems operate independently of each other, so it is conceivable that a person could be tried for both wrongful death and manslaughter.
Wrongful death cases sometimes have a shorter statue of limitations in some states. Contact your Colorado personal injury lawyer to see what the statute of limitations is and if there is a date of discovery limitation on filing a wrongful death lawsuit. The discovery date laws say that the statute of limitations only starts from the day the crime was discovered. So if the normal statue of limitations in Colorado is 2 years, but a missing person’s body is not found until 4 years later, a Denver wrongful death attorney could still file a claim. The state may have a limit on how long after the fact delayed discovery cases can be brought to trial.
Car accidents and the like that did not involve actual malice or pre-planning would be manslaughter under criminal law. The same person could be tried for negligent wrongful death if they behaved in a irresponsible way that lead to a death. There are also cases of voluntary manslaughter, where the defendant killed on purpose, but in a situation where he was provoked, and it would be reasonable for someone to lose control in that situation. The classic case is the spouse who returns home to find someone else in their partner’s bed and kills them. The defendant killed on purpose, but did so because they were provoked. This is not a defense like self defense, just a slightly lesser crime than homicide.
If the death was a result of reckless disregard (or negligence if it was civil law) but not on purpose then the case might be tried as manslaughter. The Denver personal injury attorney may be able to help with advice in such situations, but you had best get a criminal defense attorney on retainer as well. Depending on the facts of a car accident there could be many different outcomes. A defendant may not be guilty under criminal law, but still be sued under civil law. Or if the defendant acted extremely recklessly on purpose and ran someone over, it could even be homicide.
Car Accidents Caused by Tire or Brake Failure
Posted by denverheat in Colorado personal injury attorney, Denver personal injury lawyer, colorado injury lawyer, colorado personal injury, criminal defense attorney denver, denver accident lawyer, denver divorce lawyer, denver injury lawyer, denver law firm, find a denver law firm, hiring a denver dui attorney, motorcycle injury lawyer on August 22nd, 2010
Accidents Caused by Brake Failure Could be an Intentional Tort
Motor vehicles are some of the most dangerous things out there. Death by motor vehicle is one of the most common forms of death in the industrialized world. Common causes for car accidents are people just spend so much time in vehicles, but also include those who break the law and have poor maintenance.
Cars, trucks and motorcycles share one thing in common when it comes to a Denver car accident. All have all of their weight supported by tires. When you think that only a small portion of the tire is in contact with the ground at all times it will not surprise you to find that over a quarter of all Denver motorcycle accidents come from problems with tires or brakes. If you have been injured in a car crash or motorcycle accident that was a result of damaged or improperly maintained tires, you may have legal recourse to sue.
There could be several different parties that were responsible for the brakes or tires. If you had an injury from a car crash involving failed brakes or tires, the negligent parties could include the driver, brake manufacturer, the mechanic, or the employer of the driver. If it was a truck accident, the trucking company might be liable for and personal injury in Denver.
Because there could be multiple liable parties, each one will probably try to shift blame and get another company’s insurance to pay for the accident. However it is possible to sue multiple parties and it is possible that several people were to blame for the accident. If you are suing multiple people it might be prudent to hire a Denver injury attorney to avoid being caught in the run-around.
If the brake manufacturer was at fault, you have a good chance of being awarded a settlement because of strict laws regarding braking systems. Truck brakes especially are regulated by the federal government to have a certain braking power. If the brakes on the car that hit you does not meet these standards you could claim the manufacturer did not design the brakes well or that there was a manufacturing defect. These kinds of cases fall more under product liability than personal injury.
If the trucking company failed to provide regular maintenance on the brakes you could sue. Some truckers even de-power the front brakes on purpose to reduce the cost of brake replacement. It seems crazy but some truckers would rather use the trailer brakes and the transmission to slow down. Choosing a dangerous thing like unhooking the brakes just for a little cost savings might actually result in an intentional tort instead of a personal injury negligence case. If this happened you could sue both the driver and the trucking company that allowed this to happen.
Matching lawyer experience and objectives with your personal injury case
Posted by denverheat in Denver personal injury lawyer, Firing your Lawyer, Hiring A Lawyer, colorado injury lawyer, colorado personal injury, denver injury attorney, denver injury lawyer, personal injury attorney on July 28th, 2010
Don't be afraid to negotiate with your lawyer!
For cases involving potentially crippling injuries you should hire a personal injury attorney to deal with insurance and the other party. Chances are the medical cost of your injuries alone will be much more than the attorney, and much more than you can afford. Along with expensive medical bills, personal injuries result in lost work and property damage. Recovering damages alone is possible, but you should at least consider a Colorado personal injury attorney‘s advice.
When searching for an attorney, you will want to first pick someone you trust, and that has experience in the kind of case you will be bringing. Most lawyers will refer you to an expert in the field you need. Try talking to several lawyers to compare prices and attitudes. Just like doctors, specialists in law get much of their business from referrals. They will usually talk to you for free, but will not give you legal advice until you pay them a retainer. Of course some lawyers will not take cases that have a low potential recovery amount, or if they do not think they have a good chance of winning.
Your friends or coworkers may not have been involved in a car accident or injury, but they can usually refer you to some Denver lawyer they trust. Recommendation are a good way to find out about lawyers beyond their internet marketing, but always meet with a lawyer and see if you see eye to eye before hiring. You should treat lawyer referrals the same way; just because one attorney tells you a guy is a expert Colorado personal injury lawyer, that doesn’t mean you can hire him blindly. They might even take that as a sign that you are irresponsible, and it takes you out of negotiations to lower the cost of services.
State and local bar associations all have referral services. They will list the names of lawyers and their legal specialty. The quality of referral services and their lawyers can vary however. So ask the bar association how lawyers are screened for qualification in the list.
Once you get to the consultation with the lawyer, bring all your relevant documents and discuss your case. Ask if they charge for this consultation, most do not for the first interview. Discuss the options on how the case can be handled and what experience they have with similar cases. Ask him what percent of his cases involve personal injury and what side of cases they worked for. If you are a plaintiff, you might not want to hire someone that works for defendants the most time. They probably have more of an insurance company mindset. Find out who the primary attorney on your case is and ask to meet him too. Many offices collaborate or have lower attorneys work on some cases.
Then you will want to know what the lawyer’s goals are for settlement, and what their history on insurance negotiation are. Make sure the Colorado attorney knows your goals also. Common goals are to obtain as much as possible, no matter the time or cost, or to get the settlement for as cheap and with as little hassle as possible, or try to get a higher settlement as quickly as possible.
Evidence for Personal Injury Accidents
Posted by denverheat in Denver personal injury lawyer, colorado injury lawyer, colorado personal injury, denver injury attorney, denver injury lawyer, denver law firm, personal injury on July 28th, 2010
Information presented in court that is not backed up by an eyewitness or evidence is considered “hearsay” and not admissible. If you were involved in an accident requiring the use of a Colorado personal injury attorney, it may be hard for you to get the evidence yourself. However it is very important for you or someone you trust to document everything involved, otherwise you will not have much of a case in the eyes of the court.
First you should document what actually occurred during the motorcycle accident. Return to the scene with a Denver motorcycle accident attorney as soon as possible, and photograph everything. You will want photos of the wreck if possible. Photograph any hazardous conditions that may have lead to the accident. Try asking around to see if other people may know something about your accident, or other car accidents that occurred in the same spot. Try to make sure you get photos from the same angle, and around the same time and place as the accident occurred to refresh your memory and show the insurance company.
Even more than witnesses and photographs, courts really love physical evidence. Physical evidence is something you can touch instead of just a representation. Murder cases cannot be decided guilty without physical evidence. But we are not talking about murder cases, we are talking about Colorado personal injury cases. A damaged piece of your car, or a fallen branch are good examples of physical evidence. Physical evidence is good for showing there was some unforeseeable circumstances that contributed to the motorcycle accident – as opposed to driver error. Physical evidence is also important for your Colorado personal injury lawyer because it helps him show the extent of your injuries. A crumpled car or bloody seat cushion is dramatic evidence to the violence of the crash.
If you cannot physically preserve the object and take it to court, it is important to get good pictures of any evidence. Try and take high resolution photos of any evidence that is too big to move or you can’t take to court. Multiple angles are good, and you can pick the ones that most clearly show what happened. The more recent the photos, the better evidence they are because it will be closer to the condition it was at the time of the accident. So take the photos as soon as possible with a friend who can write a short note documenting the time. Then develop the pictures the same day and keep the receipt, or get them to print the date on the photographs.
Witnesses are also very important to building your case. Eyewitness testimony can be invaluable on the witness stand if they can describe what happened or your condition after a motorcycle accident. Try to find witnesses and get a record of what they saw because people forget and move away.
The last piece of evidence that must be documented is all injuries. Go to the doctor as soon as possible and keep a copy of all medical records. You can also photograph all injuries to show the insurance company what they looked like at the time of the accident, as opposed to your possibly healed state at negotiations.
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