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Larimer County personal injury attorney car accident

It has been several weeks since we set our clocks one hour ahead for Daylight Savings Time (DST). While many Illinois residents are enjoying that extra hour of daylight each day, many may also have felt tired after the change due to the havoc “springing forward” does to the body’s internal clock. Multiple studies have shown that this fatigue is responsible for an increase in motor vehicle accidents for the first week or two after the change. One major study found that fatal crashes increased by almost 10 percent due to the loss of an hour’s sleep. According to one of that study’s co-authors, moving the clocks ahead causes people to go through a process similar to jet lag. While this fatigue is more severe the first couple of days following the change, some people are affected by it for up to two weeks.

Study: DST Transition More Dangerous Than Previously Thought

The traffic study was conducted by researchers at the University of Colorado, Boulder, and published its findings last year. Researchers used data from the U.S. Fatality Analysis Reporting System (FARS), examining 732,835 car accidents that occurred between 1996 and 2017. The study did not include the accidents from Arizona or Indiana because DST is not consistently observed in those states.

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Larimer County personal injury attorney TBI

National statistics provided by the Centers for Disease Control and Prevention (CDC) show that traumatic brain injuries (TBI) have reached nearly epidemic proportions. According to the CDC, more than 50,000 people die every year from causes associated with TBI. Almost 2.2 million people are treated at emergency rooms for an injury to their brain, and approximately 280,000 people end up hospitalized because of serious TBI. Many of these injuries are the result of accidents caused by the negligence or recklessness of another party. 

These statistics do not include people who develop a concussion from their head injuries but do not seek treatment, or, if they did see a medical professional, the TBI was a secondary diagnosis. If all those victims were included, then the CDC puts the number of people in this country who sustain brain injuries every year at over 3 million. 

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Larimer County workers compensation attorney

Shortly after taking office in January, President Joe Biden signed a series of executive orders that addressed COVID-19 worker protections. According to information provided on the Occupational Safety and Health Administration (OSHA) website, the protocols outlined in the executive orders are currently just guidelines; however, it is anticipated that these guidelines will soon become enforceable, thus affecting Colorado employers.

One of the directives given by President Biden to OSHA was to come up with the COVID-19 guidelines and another was to possibly implement emergency temporary standards to address the hazards that workers face in the workplace if needed. If these guidelines become standards, they will then be enforceable. The deadline set in the executive order to make these changes is March 15, 2021.

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Larimer County workers compensation attorney

Construction workers are exposed to a wide variety of safety risks on a regular basis due to the nature of their work. As a result, they often suffer injuries related to falls from scaffolding, machinery and vehicle accidents, electrical and fire hazards, exposure to dangerous substances, and physical exertion. Fortunately, construction workers who are injured on the job in Colorado often have multiple options for recovering compensation, and with the guidance of an experienced attorney, they can decide on the best course of action.

Construction Employee Workers’ Compensation Claims

In Colorado, construction workers who are classified as employees are typically able to file a claim with their employer seeking workers’ compensation benefits for work-related injuries. Workers’ compensation is often available regardless of who is at fault for the injuries, and if liability lies with either the employer or the injured employee, it is usually the best option for obtaining financial assistance for the employee’s injuries.

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Larimer County personal injury attorney truck accident

Safely transporting semi-truck cargo can be a precarious balancing act, especially throughout the varied terrain of the Colorado Front Range. A truck driver must be skilled at maneuvering their vehicle’s large size and weight as they accelerate and decelerate, navigate turns and curves, and traverse inclines of varying grades. However, everyone who is involved with loading and unloading truck cargo also must take care to do so properly to make sure that the truck is ready for the road. When cargo is loaded or secured improperly, serious truck accidents can occur.

Accidents Involving Truck Cargo

In most cases, when a truck’s cargo contributes to an accident, it is due to one of the following reasons:

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Larimer County personal injury attorney car accident

For some car accident victims, physical injuries and their effects are just the beginning of the many challenges they will face in the weeks and months following the incident. Mental health struggles are another common outcome of a car crash, and they can be just as costly as physical injuries from a financial standpoint and when it comes to their overall impact on the victim’s life. Fortunately, it is possible to pursue compensation for damages related to mental health as part of a personal injury claim.

Mental Health and Car Crashes

A car accident can impact a person’s mental health in a variety of ways. Some of the most common include:

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Larimer County workers compensation attorney repetitive stress injury

When you think of a work-related injury, the situations that first come to mind are likely immediate injuries resulting from a one-time accident such as a fall, a fire, or an incident involving machinery or equipment. Certainly, these types of injuries are covered under Colorado workers’ compensation law, but they are not the only injuries for which an employee may be granted benefits. Colorado workers can also file a claim if they have developed a repetitive stress injury through the course of their work.

What Is a Repetitive Stress Injury?

Commonly abbreviated as RSI, repetitive stress or repetitive strain injury is one that accumulates over an extended period of time due to the repetition of similar physical movements. RSIs are common in occupations that involve physical exertion, such as in the construction and manufacturing industries, as well as occupations that require the employee to maintain a posture for a long period of time, such as a truck driver or even an office worker. Examples of repetitive stress injuries include:

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Larimer County personal injury attorney car accident

According to the Colorado Department of Transportation (CDOT), more than 25 percent of all car accidents in the state over the past 15 years have occurred during dawn, dusk, or the dark hours of the night. Nighttime driving comes with a variety of additional hazards when compared to driving during the day, and many of these are related to the negligent or reckless actions of drivers that threaten the safety of others on the road. If you have been injured in a nighttime vehicle crash, look for evidence of negligence that can justify your case for compensation.

What Causes Car Crashes at Night?

Some contributing factors in nighttime accidents are related to the environment, while others are related to driver behaviors that tend to be more common in the late-night hours. Examples include:

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Larimer County workers compensation attorney impairment rating

Work-related injuries often have long-term effects that go far beyond the initial costs of medical treatment, and in many cases, employees are left with permanent disabilities that limit their income and earning capacity. Colorado workers’ compensation includes permanent disability benefits in these cases, with the amount determined based on your previous income and an impairment rating assigned by your treating doctor. Because this impairment rating is so important for determining permanent disability benefits, it is crucial to ensure that your doctor’s assessment is accurate. If you disagree with the doctor’s recommended rating, you have the option to dispute it, and an attorney can help you do so.

How Are Impairment Ratings Assigned in Colorado?

When you are injured at work in Colorado, you will usually have to choose a doctor from a list provided by your employer. This doctor is responsible for assessing your condition and recommending and providing treatment, and as time passes, your doctor will also assess the progress of your recovery. When you reach a point at which your doctor no longer expects your condition to improve, he or she will report that you have reached Maximum Medical Improvement (MMI) and give you an impairment rating based on any remaining physical and mental limitations.

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Larimer County personal injury attorney car accident

Rear-end collisions happen all of the time in Colorado and throughout the United States with varying degrees of severity, but they have the potential to be just as dangerous as any other type of car accident. A rear-end crash can result in a wide variety of injuries that require medical attention and may have long-lasting effects. Fortunately, it is often possible to pursue compensation for your damages and expenses through a personal injury claim.

Types of Rear-End Crash Injuries

If you have been struck from behind by another driver, you may be suffering from any of the following injuries:

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Larimer County workers compensation attorney

If you have suffered a work-related injury while working for an employer in Colorado, filing a workers’ compensation claim can help you obtain financial relief through your employer to cover your medical expenses and lost wages. In some cases, your claim may be approved without issue. However, if you encounter any disputes with your employer or their insurer throughout the process—for example, if your claim is denied or you disagree with your impairment rating—you may be able to resolve it by requesting a hearing.

The Workers’ Comp Hearing Process in Colorado

If you would like for a judge to resolve your dispute, your first step is to submit an Application for Hearing to the Colorado Office of Administrative Courts (OAC), in which you will need to identify and describe the issues that you would like the hearing to address. The OAC will schedule and notify you of the date and time of your hearing so that you can begin preparing. It is a good idea to work with a qualified attorney as you prepare for your hearing, as we can help you collect evidence and identify witnesses who can testify in support of your position. We will use this evidence and testimony to help you build a comprehensive case to present at the hearing.

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Larimer County personal injury attorney car accident

If you have been injured in a car accident due to someone else’s negligence, you have the right to pursue compensation for your medical bills, property damage, and other economic and non-economic damages through a personal injury claim. However, in order for your claim to succeed, you will need strong evidence to both to establish the at-fault party’s negligence and to support the amount of compensation you are pursuing. In Colorado, civil trial juries are instructed to decide for the plaintiff based on a preponderance of the evidence, meaning that if your case goes to trial, you will need to show that it is more likely than not that the defendant’s negligent behavior was the cause of your injuries. Even if your case does not go to trial, evidence can provide the leverage you need to reach a fair settlement.

Evidence of Another Party’s Negligence

For another party to be liable for your damages, you will need to show that the person failed to uphold their duty of care to you and that this failure was the direct cause of your injuries. Evidence of driver negligence can come from a variety of sources, including:

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Larimer County personal injury attorney truck accident

In Colorado, I-70 and other major roads that traverse the Rocky Mountains present significant challenges for semi-truck drivers. Steep inclines and winding curves can make it easier to lose control of such large vehicles, and the winter months bring snow, ice, and hail that make driving conditions even more difficult. If you are sharing the road with truck drivers, you should be aware of the accident risk and know how to react if you are injured.

Colorado Roads Require Safety Precautions for Truck Drivers

Even with these challenges, truck drivers still have a responsibility to operate their vehicles in a way that protects the safety of others on the road. In order to safely navigate I-70 and other Colorado mountain highways, truck drivers should take extra care to maintain a safe speed and shift to a lower gear on steep downgrades. They should also be sure that their vehicles have fully functioning brakes, and that they know how to use them safely to prevent them from overheating and failing. Colorado has installed runaway truck ramps for drivers who do lose control of their vehicles, and the Colorado Department of Transportation (CDOT) has recently partnered with other state organizations to better educate, prepare, and alert truck drivers of hazards and how to respond to them.

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Larimer County personal injury attorney pedestrian accident

Drivers and vehicle occupants are not the only people susceptible to car accident injuries. Pedestrians are also often at risk, especially in urban areas, and when they are struck by a car, the injuries can be severe. The National Highway Traffic Safety Administration (NHTSA) reported nearly 6,000 pedestrian fatalities in 2017, with 92 of them in Colorado, and numbers have been similar in more recent years. If you or a family member has been injured in a pedestrian accident, you have options for pursuing compensation from the at-fault driver.

What Causes Pedestrian Accidents?

Accidents between vehicles and pedestrians are often caused by many of the same negligent behaviors that contribute to other car accidents. These actions may include but are not limited to:

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Larimer County workplace injury attorney construction accident

In most cases, employees who are injured at work in Colorado are entitled to workers’ compensation benefits through their employer. This applies regardless of the severity of the injury, as long as it requires medical care, but it can be especially important for employees who suffer catastrophic injuries that permanently impact their lives. If you are severely injured at work, an attorney can help to ensure that you receive all available benefits.

Common Catastrophic Workplace Injuries

Colorado workers can be seriously injured in a number of ways, especially when their occupations put them in close contact with environmental risks and hazards. Some of the most common catastrophic injuries that occur in the workplace include:

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Larimer County personal injury attorney car accident

Thanksgiving weekend is often a time for celebration and family togetherness. However, it also tends to be a period of increased risk of getting in a car accident. Although not as many people may have been traveling for Thanksgiving this year due to the COVID-19 pandemic, there was likely still greater traffic than normal. It is important that you are aware of how another driver’s negligence can affect you and your family’s safety on the roads. In the event of a collision, an experienced personal injury attorney can help you seek compensation for your damages.

The Risks of Thanksgiving Driving

Thanksgiving weekend driving in Colorado can be risky for a number of reasons, including:

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Larimer County personal injury attorney car accident

If you have been injured in a car accident, your chances of obtaining compensation usually rest on the ability to demonstrate that another person was responsible for the crash due to his or her negligent behavior. Recent data published by the Colorado Department of Transportation (DOT) points to the prevalence of driver negligence in automobile collisions, indicating that from 2005 to 2018, more than half of all car accidents throughout the state involved an apparent “human contributing factor.” Many of the common factors noted can form the basis of your personal injury case.

Human Contributing Factors in Car Accidents

The Colorado DOT’s report further breaks down some of the specific behaviors involved in crashes that had a clear human contributing factor. Some of the most common were:

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Larimer County workers compensation attorney

Colorado employers are required by law to have workers’ compensation insurance, which covers medical expenses and lost wages for employees who are injured on the job. However, not every employee who files a workers’ comp claim receives the compensation they are requesting. If you have suffered a work-related injury and your claim is denied, an attorney can help you take the steps to dispute the outcome and get the compensation you need and deserve.

Why Was My Workers’ Compensation Claim Denied?

A claim for workers’ compensation can be denied for a few different reasons, some of which include:

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Larimer County personal injury attorney car accident

According to estimates from the National Highway Traffic Safety Administration (NHTSA), driver distraction was a factor in 8 percent of fatal car accidents and 15 percent of injury accidents in 2018, affecting more than 400,000 people in total. If you or a loved one has been injured in a motor vehicle collision, there is a significant chance that some form of distracted driving was involved. The good news is that you can often use this as evidence of another driver’s negligence as you seek compensation through a personal injury claim.

Examples of Distracted Driving

The primary example of distracted driving that may come to mind, and the only one that is specifically restricted under Colorado law, is the use of a cell phone while behind the wheel. Sending a text message or otherwise reading or typing a message on a phone is especially dangerous, as it can remove a driver’s eyes and attention from the road for several seconds at a time.

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Larimer County workers compensation attorney firefighter injury

With Colorado currently in the midst of the two largest wildfires in the state’s history, the importance of firefighters is clear now more than ever. If you have been involved in firefighting efforts, you know full well the risks that you face on a regular basis, and if you sustain an injury or illness as a result of your work, it is important that you understand how to obtain financial relief you need through a workers’ compensation claim.

Colorado Workers’ Compensation Laws

Under Colorado law, most employers are required to provide workers’ compensation benefits that cover employees’ work-related injuries and illnesses regardless of who was at fault. This provides important protection for firefighters, who are often at risk of injuries from fires and explosions, collapsing structures, and smoke inhalation, among other things.

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Hoggatt Law Office, P.C.

970-225-2190 | 1-800-664-3151

123 North College Avenue, Suite 160,
Fort Collins, CO 80524

Greeley
3835 W. 10th Street, Unit 100
Greeley, Colorado 80634 |
970-460-2220
Longmont
353 Main Street, Suite A
Longmont, Colorado 80501 |
720-575-0509
Boulder
4450 Arapahoe Avenue, Suite 100
Boulder, Colorado 80303 |
303-997-2018
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201 E. 4th Street, Unit 132
Loveland, Colorado 80537 |
970-225-2190
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