Personal Injury Legal Blog

Since late 2009, it has been illegal to drive in the state of Colorado while using a cell phone or PDA for texting.  Beyond the new Colorado texting law, drivers under the age of 18 cannot use a cell phone while driving at all, even if they have a speaker phone or headset.  Now that this law has been in effect for over a year, many drivers are concerned about how a cell phone violation may affect their driving records. 

If you’ve been injured in a car accident, then you may have already filed a claim with your insurance company.  No doubt they’ve told you that they will take care of the settlement and you won’t need to hire a lawyer, but do they really have your best interests at heart? As a Colorado Springs injury lawyer, I have dealt with numerous cases where my client has said things to their insurance company that they later regretted.  Even if you have not yet hired a lawyer, when it comes to your insurance company you are better off handling claim negotiations in writing.

Until one is faced with the realities of filing a wrongful death claim in Colorado, it is not something that is usually“top of mind”.  If you are facing the loss of a loved one and considering this type of legal action, there are some very important questions that must be answered before you move forward.

As a Colorado attorney who specializes in wrongful death suits, I am usually asked about case eligibility first, as each state has different requirements about who is eligible to file a wrongful death claim.  Most of the time, the deceased person’s heirs are able to seek financial damages for their loss, which would include parents, children, siblings and spouses.

Filing a personal injury accident claim in Colorado is a route that many residents choose not to follow, mainly because they are worried or nervous about taking legal action.  However if you’ve been in an accident you should know your rights, and one of them is the right to retain a personal injury lawyer. 

Insurance companies are not looking out for your best interests; they are more concerned about their bottom line. An experienced car accident attorney can ensure your rights are fully protected and help you get the compensation you deserve.  Plus, they can take some of the burden off of you and allow you to focus on restoring your physical and emotional well-being.

Have you been injured in a Colorado Springs car accident?  If your injuries were caused by another person’s negligence, then you may want to consider a lawsuit.  Many car accident victims make the mistake of waiting for their insurance company’s claim to come through, but you can’t rely on them to compensate you for your pain and suffering. The best they will do is get you reimbursed for out of pocket expenses related to your healthcare costs.  If you’ve been injured in a car accident, selecting a Colorado Springs lawyer is often necessary. 

Have you been injured in an accident in Colorado?  If so, then you may be looking for the right type of Colorado personal injury attorney.  Well beware; there are dozens of lawyers out there who just want your money and won’t represent you well at all.  That’s why I’ve developed this Personal Injury Lawsuit FAQ for Colorado. 

Of course it is impossible to cover every question that could come up in a personal injury lawsuit, so I’ve selected a few questions that come up in virtually every initial consultation.

Are you a Colorado Springs resident who has recently suffered an injury resulting from a “slip and fall” accident?  Then you have probably heard that a Colorado Springs personal injury lawyer can get you the compensation you deserve for your medical bills, lost wages and suffering.  However, unless you follow some very specific steps right away, you could end up making some costly mistakes that could nullify your claim.

If you are already working with a Colorado Springs personal injury attorney, then you can expect to hear a thorough explanation of how to handle the details of the lawsuit but, in many cases, mistakes are made before the plaintiff even leaves the premises. 

As of December 1, 2009, it is a crime in Colorado for drivers under the age of 18 to use any cell phone — handheld or not — while driving.  Also, it will be illegal for any driver to text while behind the wheel.

Rep. Claire Levy, D-Boulder said, “It is inherently dangerous to multitask while you drive.  “This bill is aimed at the most dangerous distraction commonly engaged in: text messaging and e-mailing while driving.”

The Denver Police Department (DPD) issued a training bulletin to its officers about the law, according to spokesman Sonny Jackson. He said that identifying drivers who are texting or minors who are talking on their cell phones would present challenges for officers.

“We have to look at this and see how it’s going to play out,” he said. “But we are charged with enforcing it, so we will have to do that.”

A series of serious car-related accidents, including one where Colorado high school senior killed a 63-year-old man because he was sending a text message while driving, and another accident where a 9-year-old girl was killed in Fort Collins by a driver on a cell phone, prompted lawmakers to consider placing more restrictions on drivers and cell phones.

“The convenience of having a cell phone in a car is not worth my daughter’s life,” said the mother of the 9-year-old girl killed by a driver on a cell phone.  She spoke during a February committee hearing on possible legislation that would restrict Colorado drivers from using cell phones. But the version of House Bill 1094 that passed and became law is much less strict than the measure several lawmakers originally wanted to pass. At first, Levy was looking to implement a sweeping ban on talking on a hand-held cell phone for all drivers.

The reaction time while driving a car and talking on a cell phone is close to the reaction speed and coordination of drivers that have had four alcoholic drinks, and you are four times more likely to be in an accident than a person who isn’t on their cell phone, according to the Colorado Democrat office.

A complete ban on cell phones while driving would surely face steep opposition in the Senate and possibly not pass at all.  Rep. Frank McNulty, R-Highlands Ranch, for one, argued in February that there are too many potential driving distractions for lawmakers to attack them individually. He added that the focus should be on teaching drivers to be responsible on the road.

“It seems we’re picking out one distraction because it’s politically expedient to do so,” he said.

Levy believes the lighter version of her bill is a step in the right direction, she last June, although she would have preferred a sweeping ban on cell phones for drivers.

“It is definitely better to have something than nothing.  It helps to raise the awareness of drivers that using their cell phone for any purpose is a hazard, and even though all we could get through was a ban on text messaging, I think that the debate has raised a lot of awareness about the safety issues associated with using your cell phone while driving.”

If you are involved in an auto accident when someone has been texting while driving, contact us for a free initial consultation as to what Clawson & Clawson can do to help you.

Before consulting with a Colorado Springs Wrongful Death lawyer, it is important to understand how the court defines “wrongful death”.  Wrongful death is when someone is killed as a result of another person’s wrongful act.  These acts may include negligence, assault and battery, manslaughter, vehicular manslaughter, a death that occurs during the course of another crime, and murder.  Basically it is a suit filed on behalf of the members of the family of the deceased.  Damages in a wrongful death suit are the compensation sought by the parties most affected by the death from the person who caused their death. 

No matter where you live Colorado Springs, car accidents happen every day.  Some of them are relatively minor, but others are quite serious.  While most accidents can easily be settled with the help of your auto insurance company, if you’ve been injured in a car accident in Colorado, you may need the help of a Colorado Springs car accident lawyer.  An attorney will help ensure you get the kind of settlement you deserve, and will be there to represent you if your case needs to be litigated.