Colorado’s relatively new Made Whole Doctrine serves to protect you from losing all or a significant amount of your liability claim benefits to an insurance company. It is important to understand how this law works so that you know you are getting the compensation that you deserve if you have suffered a personal injury due to another party’s negligence. Even though this law is designed to protect you, you still must work with a qualified personal injury attorney to pursue compensation in court and ensure that insurance companies are not violating any part of the Made Whole Doctrine.

Compensation Before the Made Whole Doctrine

Before the Colorado legislature amended state insurance laws to include the Made Whole Doctrine, health insurance companies or medical providers were allowed to subrogate (substitute themselves as the primary recipient of your personal injury claim) to guarantee that their costs were covered in full before you, the insured, received any compensation. As you could imagine, this caused a lot of problems. For example, if you were involved in a car accident and accrued medical bills that totaled $150,000, but you only received $100,000 in compensation from an at-fault driver's insurance policy or a personal injury lawsuit, the health insurance company could take the entire amount of compensation you received, and you would still be at a loss. Since the goal of compensating an injured party for his or her losses should not harm him or her financially, the Made Whole Doctrine needed to be implemented. 

Although other drivers’ actions are unpredictable, there are two things all motorists can do to help avoid auto accidents, including driving safely and properly maintaining their vehicles. Typically, people are often reminded to obey traffic laws, pay attention at all times, and to stay sober when driving. However, faulty or worn-out auto parts can also cause collisions with minor to serious injuries. Since Colorado is an “at fault” state, a driver who does not properly maintain his or her vehicle can be deemed at fault for negligent maintenance and upkeep. If you have been in an accident that involves broken or faulty vehicle components, you should work with an experienced personal injury attorney to determine your legal options, especially since these types of cases can be more complicated than your average fender-bender.

Essential Vehicle Maintenance

Although many people wait for warnings to appear on the dashboard or for other obvious symptoms before bringing their cars into a repair shop, some preemptive maintenance goes a long way. At least once a year, every motorist should make sure to have a skilled mechanic check the following:

Every job comes with certain risks, and some occupations can be more dangerous than others. If you suffer a workplace injury in any type of industry, the consequences can be devastating. It is imperative that you seek proper medical attention quickly. However, Colorado has a specific timeline and method that employers and workers must follow regarding the choice of a medical provider. A knowledgeable workers’ compensation attorney can play a key role in this process, as they will be able to help you navigate the law and ensure that you receive the benefits that you deserve.

Selecting a Medical Practitioner

Colorado law dictates that either an employer or his or her workers’ compensation insurance company has the right to choose a designated medical provider. In most cases, a victim of a workplace injury must be given a list of at least four physicians or corporate medical providers to choose from if available. This is to prevent a victim from not having any say in the matter. To ensure that the selections are at least somewhat diverse, one of the doctors on the list must have distinct ownership. This means that an employer cannot just present a list of providers who are under shared ownership and at the same location.

If you have been in a car accident there are a variety of steps you should take to protect yourself in the immediate aftermath. You must first seek emergency medical attention if necessary, then report the accident and exchange insurance information with the other driver. You may be wondering what to do next if your vehicle is significantly damaged. The window of time after an accident can be stressful, but taking the right steps during this time can ensure that you are properly compensated for property damage, as well as any injuries you suffered in the collision. By receiving legal assistance from a personal injury attorney, you can be sure that you will be properly compensated for all of your damages.

What Are Colorado’s Total Loss Laws?

“Totaling” or “totaled” are words that often get used as slang for vehicles that are not functional or are undrivable, but drivers may not understand what these terms actually mean. To "total" a car means to declare it a total loss, which dictates how you and your auto insurance provider will move forward. A car does not have to be a complete wreck to be totaled. Instead, the cost of repairs must exceed a certain threshold, which may differ from state to state. In Colorado, that threshold is 100 percent. That is, Colorado legally requires insurers to declare a vehicle a total loss if the estimated repair costs would exceed the market value of that vehicle.  

A workplace accident can occur even when proper protocol is followed. Whether you work in a physically taxing job such as construction, or you are in an office setting, it is important to understand the protection that you have under workers’ compensation laws. In general, all companies in Colorado are required to carry workman’s comp insurance to cover their employees in the event of an accident. Some injuries are relatively minor, while others can result in permanent disability or even death. If you were hurt while performing your job, you may need significant rehabilitation, or you may be unable to continue working at your full potential. That is why it is imperative that you consult an experienced workers’ compensation attorney to learn your options regarding benefits. 

What Is “Overexertion”?

You do not need to suffer from a severe injury like a broken bone to be eligible for workers’ compensation benefits. A large percentage of the workers’ comp claims in this country are filed under overexertion, which occurs when a person feels acute pain either from repetitively using the same muscle or from pushing their body past its limits. Some cases of overexertion, like frequently lifting of heavy objects resulting in severe back pain, are obvious, while others are much more subtle. For example, if you believe that your job leaves you chronically fatigued, and you injured yourself because of that, you could claim that you suffered from overexertion. The subtlety involved in many of these potential claims might be contested by your employer’s insurance company, which is why it is essential to have legal representation when making a workers' comp claim. 

Every driver in Colorado is required to carry car insurance in case of an accident. If you or a family member are involved in a vehicle collision, it can be difficult to maintain a clear mind and understand exactly what your policy covers. Most policies function similarly, so the guidelines here will likely apply to you in many ways. However, even when you have a general understanding of your auto insurance policy and relative confidence in determining what the other party’s policy covers in an accident, it is imperative that you obtain sound legal advice from a personal injury lawyer to protect your rights.

Legal Aid When Seeking Damages

Before diving into what your and another driver’s insurance policies cover in a crash, it is important to understand how vital legal guidance can be after you or your loved one are involved in a car accident. In many cases, determining which driver is at fault is not that simple. A police report might not accurately describe what happened, or there may be other mitigating circumstances, like a nearby construction zone. Even if there were just minor injuries and vehicle damage, a skilled attorney can help you establish liability for the collision, and they can negotiate with insurance companies and help make sure that you receive the compensation you need and deserve. That is why it is essential that you contact an attorney first before talking to any insurance company, including your own. 

Operating a motorcycle in any state requires a certain level of responsibility, and this can often exceed the level of care needed to safely drive a passenger or commercial vehicle. Motorcyclists should be sure to follow all state laws. These laws are in place to help keep motorcyclists and their passengers safe and to reduce the number of motorcycle accidents. Many of these regulations might seem like common sense, but it is important for motorcyclists to be aware of considerations that do not necessarily apply to car drivers. It is imperative that you familiarize yourself with laws and safety procedures before you hit the open road, and this can help you prevent crashes and serious injuries.

Colorado Motorcycle Laws

Even if you already consider yourself a cautious motorcyclist, it is best to fully understand the laws that you must follow. You should bear the following three categories in mind:

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: