Posted on August 13, 2021 in Personal Injury

When you think of the effects of a serious accident, such as a car crash, physical injuries like broken bones, lacerations, bruises, and head or back trauma may be the first things that come to mind. However, severe accidents can also affect the lives of injury victims in other, less tangible ways. As such, victims are often eligible to recover non-economic damages in addition to compensation for their medical expenses when they pursue a personal injury claim. Appropriate dollar values for non-economic damages can be difficult to determine, and they can also be limited by statutory caps under Colorado law.

What Are Non-Economic Damages?

Non-economic damages compensate for things like the victim’s pain and suffering, stress and anxiety, loss of companionship, and emotional distress. Determining a monetary award for these types of injuries can be very challenging for all parties involved. While the injuries may certainly be very serious, there are many factors that jurors will likely consider when trying to determine adequate compensation for the victim, some of which include:

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 Posted on August 06, 2021 in Car Accident

When people think of car accidents, they likely think of car-on-car collisions. However, accidents involving pedestrians can also cause severe damages and possible fatalities. According to AAA Colorado, since 2009, the number of pedestrians killed on a yearly basis in Colorado has nearly doubled.

Urban areas have seen the highest increase in pedestrian fatalities, which occur most often on sidewalks, the side of the road, and crosswalks. Some of the most common causes for pedestrian accidents include a driver’s failure to yield to a pedestrian in a crosswalk, to come to a complete stop at a stop sign, or to maintain control of their vehicle. Drunk driving is also a common contributing factor. Colorado has made an effort to combat these tragic accidents, strengthening its state laws and penalties.

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 Posted on July 30, 2021 in Workplace Injury

Two workers were killed and another 42 injured in a work accident after a chemical leak at a plant in La Porte, Texas, earlier this week. According to information released by the company, LyondellBasell, approximately 100,000 pounds of a chemical mixture that included acetic acid was released in the leak. Other chemicals released included hydrogen iodide, methyl acetate, and methyl iodide.

Plant officials say 30 of the workers injured were hospitalized, some with critical injuries. One victim suffered burns, while the 29 others suffered respiratory issues.

What Is Acetic Acid?

Acetic acid is an organic, flammable liquid that can cause serious eye damage and severe skin burns to exposed victims. The acid also produces a hazardous vapor and is very corrosive to metals and tissues. Acetic acid is used to make other chemicals. It is also used as a food additive in extremely diluted amounts.

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 Posted on July 22, 2021 in Wrongful Death

Colorado Springs police issued a report of a child who was taken to the hospital after a near-drowning incident on July 15 at the Hotel Elegante. Police have not released any other information, including the child’s age or current condition, but the incident is perhaps notable in light of a drowning that occurred at the same hotel several years ago. In that case, the family of the child who drowned later filed a wrongful death lawsuit against the hotel, as well as several other parties. These cases raise the question of who may be liable for drowning accidents.

Allegations of Negligence

After the previous drowning incident, which happened in December 2017, the victim’s family alleged that the hotel was liable due to a failure to provide adequate warning of a steep drop-off between the shallow end and the deep end of the pool, as well as a failure to enforce a rule requiring children entering the pool area to have adult supervision. The family also sought damages from the grandmother of the victim’s friend, who the family alleged was responsible for the victim’s supervision at the time.

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 Posted on July 16, 2021 in Workplace Injury

When a worker is injured in the course of their job or develops a medical condition or illness that is work-related, Colorado law says they are entitled to receive workers’ compensation benefits through their employer. Depending on the severity of the injuries, workers’ comp can provide a variety of different benefits. Recent changes to the Colorado Workers’ Compensation Act will affect how those benefits are administered in the coming months and years.

Workers’ Compensation Benefits in Colorado

Under the Colorado Workers' Compensation Act, if an employer has three or more employees, they are required to carry workers’ compensation insurance. When an employee is injured on the job, they must report the injury to their employer in writing within four days of the injury in order to qualify for those benefits.

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 Posted on July 08, 2021 in Wrongful Death

A tragic accident in Iowa has made national news and serves as an important reminder of how vulnerable children are to accidental injury and death at amusement parks, playgrounds, and other recreational locations.

The accident occurred over the Fourth of July holiday weekend at the Raging River ride at Adventureland Park in Altoona, Iowa. The water ride pushes rafts through “faux river rapids” using a conveyor belt. The 11-year-old victim and five other people were on the ride when the raft they were in flipped over. One other child was listed in critical condition and two others suffered minor injuries.

History of Accidents

The ride had just opened for the first time for the summer season the day before the fatal accident following an inspection and approval by the Iowa Division of Labor. The ride has been a popular attraction at the park for almost 40 years; however, this is the second fatal accident in just five years. In 2016, a 68-year-old employee was killed when he fell because the ride suddenly started moving as he was helping riders on and off the rafts. The family of the employee who was killed on the ride later settled a wrongful death lawsuit with the park.

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 Posted on June 29, 2021 in Car Accident

 In last week’s blog post, we began discussing the recommendations made by the National Transportation Safety Board (NTSB) in its 2021-2022 Most Wanted List (MWL). The annual list focuses on safety issues and what steps should be taken in all areas of national transportation. Our prior post discussed the agency’s recommendations for drunk and drugged driving crashes and protecting vulnerable road users. In this week’s post, we will continue our discussion with the agency’s recommendations for distracted driving accidents, speed-related accidents, and crash-avoidance technology.

Eliminate Distracted Driving

Each year, there are about 400,000 victims injured in vehicle accidents caused by distracted drivers, and distracted drivers kill more than 3,000 victims. Smartphones and tablets are one of the main causes of distracted driving incidents. It is no wonder these numbers are so high, given that there are almost 300 million smartphone users in the United States.

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 Posted on June 22, 2021 in Car Accident

The National Transportation Safety Board (NTSB) is the independent federal agency that is responsible for civil transportation accident investigations. According to its website, the agency’s mission is to “. . . save lives, prevent injuries and reduce economic costs due to road traffic crashes, through education, research, safety standards and enforcement activity. Each spring, the NTSB releases its Most Wanted List (MWL) that focuses on transportation safety improvements needed to prevent accidents, reduce injuries, and save lives. The list addresses transportation safety improvements in aviation, highway, rail, marine, pipeline, and hazardous materials.

In its 2021-2022 Most Wanted List, the agency cites more than 100 safety recommendations for the 10 items on the list. Five of those items concern improvements needed for highway safety, addressing crashes involving speed, distracted driving, driving under the influence, vulnerable road users, and collision-avoidance technologies.

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 Posted on June 15, 2021 in Car Accident

The majority of drivers are aware of the dangers of drunk driving and how prevalent it is in causing vehicle accidents, however, the number of drugged driving accidents is quickly catching up. While many people think only illicit drugs are behind drugged driving accidents, statistics reveal that there is also a large problem with prescription drugs. A drugged driver is just as liable in a crash as a drunk driver is and Colorado law allows victims to pursue damages against those drivers.

How Often Are Drivers Operating Under the Influence of Drugs?

According to the 2018 National Survey on Drug Use and Health (NSDUH), almost 13 million drivers aged 16 years or older admitted to driving under the influence of illicit drugs. Males are more often under the influence of drugs while driving than females, and one-third of teens think they drive better when they are under the influence of marijuana.

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 Posted on June 08, 2021 in Personal Injury

Fort Collins and the surrounding areas have some gorgeous areas for those who enjoy boating. Whether you are looking to go fishing, water skiing, kayaking, or just enjoy a leisurely cruise, boats are welcome at  Horsetooth Reservoir, Boyd Lake State Park, Carter Lake, and Lonetree Reservoir. Unfortunately, boating activities also bring the risk of boating accidents. Last year, the state of Colorado reported 34 recreational water-related deaths. The state is already reporting four deaths so far this year, with two in Larimer County, with the warm weather season just beginning.  

Boating Accident Statistics

According to data collected by the U.S. Coast Guard, there are approximately 4,000 boating accidents that occur nationwide each year, resulting in more than 600 deaths and leaving thousands more injured. Around 80 percent of those fatalities are caused by drowning, and the Coast Guard reports that more than 85 percent of those victims do not have life jackets on at the time of the accident.

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