Posts Tagged personal injury

Car Accidents Caused by Tire or Brake Failure

Denver Car Accident

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.

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Personal Injury Attorneys Are Worth the Money

If you have been injured in an accident which you believe you are not at fault, there is only one thing you should do; contact a Denver injury lawyer as soon as possible.  The thing is insurance companies prefer to actually settle an injury claim as quick as possible.  If you are not at fault in your accident, the at-fault person’s insurer will probably call you right away and try and settle the claim.  You need to make sure you are careful with what you say to them and any offers you agree on.  This is where you will want to have called an injury lawyer to handle the situation.

The complex language of insurance policies and the hardball tactics used by some claims adjusters can leave you feeling that you are not getting all to which you are entitled.  They will make it sound like you do not have a case and make you feel like you will receive nothing and then come in with a low settlement. This is where you will want your attorney to handle the negotiations and if the injury or accident was bad enough, they will help bring the case to court.

When to Hire A Lawyer:

  • If someone is seriously injured
  • If the other person involved does not have insurance
  • If the insurance company or claims adjuster is being push or difficult

The greatest thing about most Denver injury lawyers is the fact that they work on a contingency basis, meaning if they help you win that is when you owe them money.  Most offer free consultations and will walk you through the process of how they handle cases like yours.  This also gives you a great idea if you like the attorney or not.

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So you’ve been injured… What now?

Everyday, thousands of Colorado residents fall victim to different forms of personal injury.  Whether it’s a car accident, or simply someone slipping and falling on the job, people often need legal representation.  Finding a Colorado personal injury lawyer and filing lawsuits can be an intimidating process, so here are practical legal answers to some of the most frequently asked questions we hear from victims.

1.    “What types of injuries do I need a personal injury lawyer for?”                                                                                                                                                                                         — Depending on the circumstances, one can seek legal representation for injuries ranging from car accidents, work accidents, dog bites, food poisoning and medical malpractice to injuries resulting from negligence, inadequate security, or even defective products.  There have even been cases based on the intentional infliction of emotional distress.  If you are injured, whatever the circumstances, its better to seek the counsel of a personal injury lawyer to see if you can be compensated for your accident.
2.    “How Do I choose the right Attorney for me?”
– The most comfortable way to select an attorney is through personal referrals through friends or coworkers.  However, that is not the best way to select your legal representation in Colorado.  There are many attorney search resources out there.  Besides the obvious method of seeking out advertisements, you can look through online directories, and also attorney finder websites.  The good thing about online directories and search sites is that there are reviews from actual clientele.
3.” How much will this cost me? Are the fees hourly?
– Fees for personal injury lawyers vary depending on the attorney.  Most personal injury attorneys do not charge an hourly fee for their time.  Normally, an attorney in a personal injury case will charge the client a percentage of the settlement that is attained, if any, at the end of the case.  This is called a “contingency fee” because it is contingent upon the ultimate outcome of the case.  There is no fee unless you win your case.
4. “I’m on a limited budget, where can I find a cheap lawyer without sacrificing quality?
– The best way to compare attorneys of all different specialties, regions, and costs is to use the Internet. Use a search engine, local directory, or even better, a Denver attorney finder site.  This way, you can find a lawyer in the Denver Metro area, with the right expertise, and the right fees to meet your personal injury law needs.

If you have been injured, and think that you might be entitled to some compensation, visit the web for Denver attorney info.  There is great information on all different aspects of law in Denver including personal injury law.  When looking for a personal injury lawyer in Colorado, visit Colorado attorney Finder.  Hopefully, these answers and resources will be helpful in meeting your Colorado legal needs.

(source: So you’ve been in an accident, now what? by Cuppett)

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