While many people believe that pedestrians always have the right of way when crossing the street, the truth is that pedestrians are not infallible. They can make mistakes just like drivers do, and this probably occurs more often than you might think. In fact, many pedestrian accidents and pedestrian deaths in Colorado over the last few years have been clear cases that illustrate the pedestrian was at fault. In other cases, the collision may involve a combination of fault by both the driver (or drivers) and the pedestrian. Below are some circumstances in which a motorist may not be at fault, and a pedestrian may be liable for any damages and injuries.

When the Driver Is Not at Fault

Pedestrians might believe that if they are hit by a car, it will almost always be the driver’s fault. However, a driver may not be at fault if all of the following can be proven in court:

Just last month, the Colorado company Outrider announced it has received $53 million in investments to kickstart its autonomous truck fleets. While Outrider’s fleets will be used mostly in truck yards and not on the highway, at least not right away, there are plenty of other well-funded self-driving truck companies that are on their way to putting whole fleets on the roads across America. What does this mean for you? You could see trucks without drivers passing you by on the highway within a year or two. Without even considering the economic impact of this fact, it is worth noting the possibility of personal injuries from self-driving truck accidents. 

How Safe Are Self-Driving Trucks?

Companies in the self-driving vehicle manufacturing industry insist that autonomous trucks, which are often operated and maintained through SaaS (software-as-a-service) from remote locations, will not only increase productivity and efficiency but also improve the environment and highway safety as well. However, early results from self-driving experiments with other vehicles, such as numerous crashes over the last two years involving Tesla vehicles using autopilot, suggest that these automated means of transportation that lack human intervention might be far from perfect, and this means they will not be completely safe.

Now that the World Health Organization (WHO) has officially declared COVID-19 (coronavirus) a pandemic, this pervasive virus brings with it a slew of legal concerns. One such concern is whether you qualify for workers’ compensation benefits if you contracted coronavirus while working. The answer to this question is complicated. However, if you take certain factors into consideration, you will have a better understanding as to whether filing a coronavirus workers’ comp claim is an option for you.

Does Coronavirus Qualify You for Workers’ Comp?

The average cold and flu typically do not necessitate workers’ compensation claims, since they are usually not serious and can be handled with paid time off or sick time. However, coronavirus is more complex. This highly contagious pandemic can mean life or death for some people. Even if you contract an infection while working, but your symptoms are mild, you could still transmit it to family and friends who might be more susceptible to life-threatening conditions resulting from the virus. In that sense, it is more dangerous than most illnesses that you might contract at work.

Since this virus is so new, the insurance and legal professions are rushing to catch up with the times. Some workers’ comp policies are being amended in light of the coronavirus. Employers and employees alike are reinterpreting the policies already set in place. Some states, specifically Washington, are already requiring workers’ compensation benefits for those exposed to the virus while at work.

Studies show that approximately nine people die and 1,000 more are injured every day in the United States from motor vehicle accidents resulting from distracted driving. This is a serious issue, so much so that nearly every state has laws against distracted driving. With that in mind, it is important to know and recognize the types of driving distractions and understand how they can lead to car accidents.

Distracted Driving Categories

Driving distractions can be divided into three categories, with most distractions overlapping in more than one category. The three main types of driving distractions are:

Even for people who have been involved in a car accident before, there can be many unknowns depending on the circumstances of the crash. A fender-bender may not cause too much trouble, but when your car is severely damaged or you need intensive medical treatment, you may not know where to turn for help. If you are hurt in a vehicle collision, a personal injury attorney can assist you in seeking the financial compensation you need and deserve. 

What Are Examples of Negligence on the Road?

Since 2011, fatal car crashes in Colorado have steadily increased. Distracted driving is a leading cause of car accidents. There are no restrictions on talking on a cell phone for drivers 18 years and older. However, texting or any other kind of data entry is prohibited for all drivers. When motorists break these laws, they put others in danger, just as they would when drunk driving or speeding. If a driver's negligence was the cause of an accident, he or she can be held responsible for the injuries and damages suffered by other drivers or passengers. In these cases, an experienced attorney can help you determine your best options for pursuing compensation. 

While no two workers’ compensation cases are the same, many of the questions injured employees ask overlap with each other. Having any kind of life-altering injury can be a traumatic experience, but for workers, there is also the uncertainty of where their next paycheck will come from if they are unable to work for an extended period of time. When a person is injured while performing his or her job in Colorado, workers’ compensation kicks in to handle the costs of medical expenses related to the injury and address lost wages. Below are some of the typical questions employees ask when seeking workers’ compensation.

How Do I Report the Accident?

In Colorado, the ideal time to report a workplace accident to an employer is four business days. The official notice must be in writing, even if you have verbally reported the accident. It is possible to report the incident after four days, but workers’ compensation benefits may be restricted depending on the length of time after the accident. If you cannot report the accident yourself, then someone may do so on your behalf. 

Located only 35 miles from Fort Collins, the Rocky Mountains are one of Colorado’s natural treasures. Mountainous regions come with an extra set of advisories for motorists, and these are especially important for truck drivers because of high winds and steep declines. Typically, semi-trucks require a longer stopping distance when traveling on these elevated roadways. Inclement weather such as rain or snow can cause a trucker to lose control of his or her vehicle. However, runaway trucks are often the result of negligence from either the driver or the trucking company. When people are injured or killed because of negligence, then the responsible parties should be held liable for the truck accident.  

How Does Colorado Prepare for Runaway Trucks?

As an effort to help truck drivers in the event of a runaway truck, Colorado has 14 runaway truck ramps. If a truck is out of control, the driver may be able to maneuver the truck to this uphill, gravel-covered ramp to decelerate the vehicle. These ramps are not as commonly used as one would think, but they may prevent more serious accidents when they can be utilized. Runaway truck ramps have the sole purpose of giving truck drivers a way out if they lose control of their vehicles. But for professional truck drivers, how does this loss of control happen?

Whether seen on the news, witnessed, or through personal experience, we are all familiar with car accidents. In 2018 alone, 4.5 million people in the United States were injured in car accidents, and 40,000 people lost their lives. Some circumstances increase the likelihood of car accidents, such as poor weather conditions or negligent actions by a driver. No matter what causes a vehicle collision, it is important to understand your rights and your options for seeking compensation if you find yourself a victim of a crash.  

Who Can Be Held Liable?

Generally speaking, many auto accidents take place in rural areas. The likelihood of an accident occurring also increases if it is dark outside, if alcohol is involved, or if a young driver is behind the wheel. Sometimes, car accidents are unavoidable and are the fault of neither driver. However, when someone is responsible for causing a car accident in Colorado, he or she can be held liable for the damages caused by his or her negligent actions. A person may be found negligent if he or she failed to take reasonable care in a situation, and another person suffered injuries as a result.

We hear about motorcycle accidents all of the time, and unfortunately, newsworthy reports about them usually mean there was a fatality. Because motorcycles offer little external protection for cyclists, motorcycle riders are often the ones killed or seriously injured when they are involved in a collision. Despite the stereotype of motorcyclists being reckless and irresponsible, most are passionate about safety. There are many other things that can cause a motorcycle crash, and they are often not the fault of the motorcyclist. 

Reasons for Colorado Motorcycle Accidents

Helmets are not required by law for motorcycle riders 18 years and older, but they can often prevent significant brain trauma. However, even when motorcyclists take precautions such as wearing safety gear, it may not be enough to prevent a serious injury. The Colorado Department of Transportation reported a rise in motorcycle rider deaths in 2018. In fact, motorcycle rider deaths have increased overall 30 percent between 2012 and 2018. 

Many motorists take extra caution when driving around trucks on our country’s highways. Colorado citizens and truck drivers alike can make mistakes while on the road that can cause an accident. Although they are not often a part of a physical aspect of a crash, truck driving companies may be responsible for collisions, too. Regardless of the cause of a truck accident, if a truck driver or a trucking company is found to be negligent, they should be held responsible for any damages and suffering inflicted on other drivers, passengers, or pedestrians. Below are some of the ways a trucking business may be held liable for personal injuries sustained in a truck collision. 

Liability for Truck Accidents

When a truck collides with other vehicles, the occupants of those vehicles are much more likely to be injured than the truck driver. In 2018, semi-truck accidents in the United States resulted in the deaths of 678 truck drivers or occupants, but they led to the deaths of 2,786 passenger vehicle occupants. Because of the size and height of truck cabins compared to other automobiles, a truck driver is less likely to suffer fatal injuries when involved in an accident with a passenger car. 

Although there is no single correct way to react to trauma, being prepared for a car accident can make a tough situation better. Even for safe drivers, it is a smart idea to learn how to respond if you are ever involved in a vehicle collision. Drivers can make their own decisions on the road, but unfortunately, they cannot control the driving habits of others. Knowing the proper steps to take after an auto accident can not only prevent further incidents but can benefit drivers and passengers if they decide to file a personal injury suit. In certain situations, the accident may have been caused by another motorist’s negligent actions. 

Steps to Take After a Crash

Preliminary results from the Colorado Department of Transportation show that fatal accidents have decreased between 2017 and 2019. This was after a steady climb in accidents starting in 2011, reaching a high of 600 fatal crashes in 2017, which was the highest since 2002. Luckily, not all car accidents are fatal, but people can still be seriously injured in car accidents that are caused by drinking and driving (DUI), distracted driving, and reckless driving. 

When a worker accepts a job, he or she should also understand any occupational hazards that come with that profession. For an office worker, that may mean carpal tunnel syndrome, but for a construction worker, the consequences can be more serious. Regardless of a person’s occupation, most employers in Colorado are required to carry workers’ compensation insurance for their employees. This type of insurance prevents employers from being held liable in the instance of a workplace accident, but it also provides benefits to any injured employees. 

What Benefits Are Included With Workers’ Compensation?

Workers’ compensation is a government program, and any eligible employee has the right to file for benefits. If a person is hurt and cannot return to work temporarily or permanently, he or she can file a workers’ compensation claim. Workers’ compensation will replace lost wages for the time an employee is away and cover the costs of medical care for work-related injury or illness. 

After being involved in a traffic accident as a pedestrian or bicyclist, the physical repercussions can be life-altering. Due to pedestrians having less protection than a car or truck, they often see the worst injuries, and in some cases, those injuries can prove fatal. Getting hit by a car and suffering serious physical injuries is traumatic on its own, but an accident can also result in a great deal of mental anguish for a victim. After an accident with a motor vehicle, a pedestrian may need to make extra efforts in healing his or her mind and body. 

How Many Pedestrians Have Died?

Last year, 90 pedestrians were killed as the result of traffic accidents in Colorado. As of September 2019, 37 people were killed this year in pedestrian accidents. Everyone is a pedestrian at some point in their lives, and there are things pedestrians, bicyclists, and drivers can do to contribute to everyone’s safety. Keeping people on foot safe can be as easy as following the law and traffic signs. Either party can contribute to an accident, and the party who was ultimately at fault may be held legally responsible for the other parties' injuries and damages.

Recovering From Accident-Related Injuries

Even though efforts have been made to improve roadway safety, accidents still occur. Being hit by a car can take a severe emotional and physical toll, so it is important to seek out care after a traffic accident. The following tips may help in your recovery after getting hit by a car as a pedestrian or bicyclist: 

Back pain is one of the most common injuries which a person can suffer. It is estimated that 80 percent of the population in the United States experiences back pain at least once in their lives. There are infinite ways to sustain a back or neck injury, such as falling on ice to getting hurt on the job. Minor pain is inconvenient, and may be caused by a strained muscle, but what happens when back or neck pain severely affects your quality of life? Thanks to workers’ compensation laws in Colorado, if work-related pain or an injury to the neck or back affects an employee's ability to continue working, they are protected financially. 

What Is Workers’ Compensation?

The Industrial Revolution led to a higher rate of employee injuries. The first no-fault workers’ compensation law was put in place in Colorado in 1915. Although laws change, the fundamentals of workers’ compensation remain the same today. If a person is injured because of work conditions or a work accident, he or she is entitled to benefits. This type of relief includes no-cost medical care and financial coverage for lost wages. How injured a person is, and whether or not he or she can return to the workforce, will determine the benefits given. Workers’ compensation protects employees' rights, but it also protects employers from lawsuits relating to an injured worker. 

Last year, an estimated 112.5 million Americans traveled during the December holiday season. No matter what holidays people celebrate, many take this time off work or school to travel to visit family or take a vacation. In many cases, these trips involve traveling via automobile, and due to the increased traffic on the roads, car accidents can become more likely during this time of year. Collisions may occur because of inclement weather, but distracted or impaired driving can also be a factor in accidents that result in serious injuries or fatalities.    

Factors that Contribute to Winter Car Crashes

The holiday travel season begins around December 22 and ends on January 1. The National Safety Council (NSC) typically estimates that around 800 people will die on the roads during Christmas and New Year periods. Cars have the highest rate of deaths per mile versus other forms of transportation. This is true throughout the entire year, so why do car accidents spike during the winter holiday season?

We have all seen images of catastrophic truck accidents. Stories of truck collisions often make it to local news, especially if their aftermath resulted in serious injuries or fatalities. Many motorists become anxious when driving near trucks, and with good reason. The maximum gross weight of a truck can be 80,000 pounds, which by itself can cause damage even without negligent driving behavior. All drivers can take safety precautions like staying out of a truck’s blind spot, but it can be impossible to control the actions of other motorists on the road, including truckers. 

Factors That Can Increase the Likelihood of a Truck Crash

Like any auto accident, there are common reasons why truck accidents occur. Anyone can make a mistake while driving, but crashes caused by the negligence of truck drivers are often preventable. When drivers or trucking companies act negligently, they should be held accountable for injuries or wrongful deaths that occur as a result. Negligent truck drivers can pose a significant danger because of the mass and power of their vehicles. Trucks can also carry hazardous materials, so drivers need to pay close attention and follow the rules of the road while operating these massive vehicles. 

People young and old enjoy motorcycles. These riders are passionate about their bikes and the culture surrounding them. As with driving a car, every motorcyclist is a beginner at one point. The more educated new motorcycle drivers are, the safer they are on the road. Motorcyclists are one of the most vulnerable drivers during an accident, so following safety measures and advice from the beginning is critical. However, sometimes the reckless actions of other drivers can cause a collision with injuries.    

Colorado Motorcycle License

To legally operate a motorcycle in Colorado, a person must have the proper license. A motorcycle endorsement is an addition to a standard driver’s license. This special license can be obtained by visiting the Department of Motor Vehicles. To get a motorcycle endorsement, a driver must pass a written exam, purchase a permit, pass a skills test, and pay for a new license with the updated status. Alternately, a person may take a Motorcycle Operator Safety Training course instead, and then purchase a new license that is updated for motorcycle operation. 

Safety Precautions

For any new motorcyclist, hitting the road the first couple of times can be intimidating. Following the below tips that seasoned motorcycle riders abide by will increase a cyclist's safety and confidence: 

It is no secret that pedestrian accidents often end tragically. Even at slow speeds, a pedestrian can be severely injured or killed after being hit by a car. Last year in Colorado, 90 pedestrians were killed in auto accidents, which was up 40 percent from three years prior in 2015. As of September, official records report 37 deaths so far this year. The final total for 2019 will include this number and likely other pedestrian deaths. Therefore, it is important to be aware of crosswalks and the role they play in pedestrian safety. 

Crosswalk Safety

Last month, a pedestrian died after getting hit by a car at night in Fort Collins. The victim, a 23-year-old man from the area, was hit by a minivan. Although the crash is still under investigation, it is noted that a crosswalk was not being utilized by the pedestrian at the time of the accident. Alcohol and reckless driving were not thought to be contributing factors.

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. 

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.