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. 

Last week, a Chicago truck driver died in an accident near Fort Collins. Although the official cause of death has not been released, the 52-year-old man was declared dead at the accident site. Initial reports, however, have declared that intoxication or speed were not contributing factors. There were also no other people were injured during this accident on Interstate 25. The semi-truck went off to the right side, hit a sign, and rolled over. Any death on the road is a tragedy, but we know when a truck accident happens, the casualties can often be very serious. 

A Truck Driver's Negligence Can Cause a Crash  

What is unusual about this crash is the death of the truck driver. Statistically, passengers of other vehicles are much more likely to die as the result of a truck accident. In 2017, 683 truck occupants died in accidents, while 2,797 car passengers died in the same year. People in cars are much more vulnerable to truck accidents. Cars have more protection than a motorcycle, but either can be helpless against an 80,000-pound truck at full speed. 

Although preliminary reporting on this Fort Collins truck accident suggests that speeding or substance abuse was not involved, many truck accidents involve negligence. When drivers do not take proper precautions, like following the rules of the road, they can be at fault for causing an accident. Trucking companies can also be held liable for poor maintenance and not following industry standards. When a person in another vehicle is injured and suffers because of these failures, the victim has the right to file a personal injury lawsuit and seek compensation for their damages. 

It is no secret that motorcyclists are at a higher risk of injury that the drivers or passengers of cars and trucks. The lack of protection provided by motorcycles compared to other vehicles exposes a motorcyclist to major risk of injury if he or she is thrown from a bike or is involved in a crash with an automobile. Riders can take certain precautions to reduce injuries in the event of a motorcycle accident. However, the drivers of other vehicles are more likely to pose a significant danger to motorcyclists. For instance, driving while drunk presents a serious risk to everyone, but especially to motorcyclists.

Colorado Motorcyclist Dies After Being Hit By a Drunk Driver

Recently, a 35-year-old motorcyclist died in Colorado Springs after being struck by a drunk driver. The motorcyclist was hit at a high speed from behind by a pick-up truck. The driver was thrown from the bike, and he was subsequently hit by a minivan. He was pronounced dead by authorities at the scene. The drunk driver, a 34-year-old man, was later charged with DUI and vehicular homicide. 

When a personal injury case is on the table, one of the most difficult parts is proving which party was at fault. This often affects the amount of compensation a person can receive or whether someone has a case at all. In cases involving pedestrian accidents, there are many factors that may have caused the incident. In some cases, a collision can be caused by a reckless motorist who is driving under the influence or distracted. It is imperative to know what rights a pedestrian has and how these rights can impact the ability to recover damages in a personal injury claim.

Proving Fault 

Colorado is what is called a “fault state” in regard to personal injury cases. This means whoever caused the accident may be held liable. Sometimes, there is a clear answer as to who was at fault, but most cases are not that cut and dry. Whether someone is operating a car or a truck or is a pedestrian, there are rules for every person on the road. These laws are to keep each other safe, and when broken, they can lead to accidents, injuries, or even death. Knowing the rights of a pedestrian may help determine whether a person is eligible for a personal injury claim.

Even when safety precautions are put in place, accidents can and do happen in many industries. Although no workers’ compensation case is alike, there are certain things a person can expect when filing for benefits regardless of the type of accident. If an individual is hurt and cannot work due to a workplace-related incident, most employees have the right to file a workers’ compensation claim. Employment laws exist to protect employees, and if a claim is approved, an injured worker will be compensated for lost wages and medical bills.  

Colorado Employment Law

Almost all public and private employers in Colorado are required to have and maintain workers’ compensation insurance, with few exceptions. Keeping with regulations, a “Notice to Employer of Injury” poster should be visible to employees at all times. Employees should not feel threatened to report an injury if it ever happens. It is illegal to fire an employee who reports an injury and files a workers’ comp claim. 

From a minor fender-bender to a rollover accident, car accidents can cause emotional and physical damage to a motorist. It may be nerve-wracking to get behind the wheel again, or an injury can completely change a person’s quality of life. Knowing the main causes of a vehicle accident can help a person become a more defensive driver, and it may also help determine if an accident victim is eligible for a personal injury settlement. 

Determining Fault in an Auto Accident 

How much a person contributes to the cause of a motor vehicle accident will determine who is liable and who is eligible for compensation. An important part of proving fault is whether or not the other driver acted negligently when the accident occurred. These common causes of car accidents often have a negligent party involved, and are the result of human error: 

Most people have records of when they work. Whether this is simply for recordkeeping, or to ensure that employees are properly paid for the hours worked, it is important to keep accurate data. If an hourly employee tried to manipulate his or her time card to make it appear as if he or she was working, the worker may be disciplined or even fired for stealing corporate time. However, when a truck driver records incorrect data and provides false driving records, this can not only affect a company's bottom line, but it can result in safety issues. If a driver falsifies information in order to exceed their allowed number of hours on the road, this can lead to dangerous truck accidents. 

CMV Driving Limits

Commercial motor vehicle (CMV) drivers are subject to continuous driving limits. A CMV is any type of vehicle that is used for business purposes and meets any one of the following criteria:

In 2018, according to the Colorado Department of Transportation, 16.3 percent of motor vehicle fatalities were motorcyclists—totaling 103. This is because, in an accident, a motorcyclist is more likely to suffer fatal injuries compared to a car or truck driver. When a motorcyclist weaves through other vehicles at a high speed, this can cause concern for other drivers. It also creates a poor stereotype that all motorcycle riders are reckless and irresponsible. Motorcycles are viewed as dangerous modes of transportation, and in many cases, the people who ride them have an equally negative bias against them. It is imperative for motorcyclists to adhere to certain safety standards in order to avoid being involved in an accident and suffering serious injuries. However, in some situations, a motorcycle accident can be caused by another driver's negligence.  

Safety First

Responsible motorcyclist enthusiasts are passionate about safety. Compared to a car, the amount of protection a motorcycle provides is extremely limited. In the event of an accident, a motorcycle rider is exposed directly to the incident, while a car has an external shell, and occupants are protected by systems such as seat belts and airbags. 

Workers in industries that require manual labor, such as construction, are at most risk for a spinal cord injury while on the job. The spinal cord is one of the most important organs in the human body. Housed by vertebrae, the spinal cord is the information highway of the nervous system that transmits signals to and from the brain. Humans have 33 individual vertebrae, which are the bones that make up the spine. These bones can be damaged as easily as a femur or humerus bone, except that instead of a broken leg or arm, the result can be damage to the spinal cord, resulting in paralysis in some cases. When this happens, and an employee is unable to return to work, he or she may be eligible for workers’ compensation. 

What Is Workers’ Compensation?

Every Colorado business with employees, no matter the size, is required to provide workers’ compensation insurance. This is a protection for employees in the unfortunate event they are hurt on the job. Workers’ compensation also protects employers from lawsuits solely based on an accident or an injury an employee may sustain. Eligible employees have the right to file for workers’ compensation if the injury is suffered at the workplace. Whether an employee is permanently or temporarily disabled, workers’ compensation benefits provide financial security by compensating an employee for lost wages and medical bills. Even if an accident on the job is the employee’s fault, he or she is still eligible for workers’ comp benefits. 

When a car rolls over, the driver and passengers can suffer serious injuries or fatalities. The roof of a passenger car is not built to withstand the weight of the lower half of the vehicle, and therefore, it is likely to collapse. Even a minor car accident can lead to painful injuries, but when extreme trauma is involved, a victim may be temporarily or permanently disabled. In some cases, another driver’s negligence may have caused the rollover crash, and a victim can file a personal injury lawsuit. 

Proving Negligence

Larger vehicles, such as SUVs and commercial trucks, are more likely to roll over than a compact car. This is because the center of gravity is higher on large automobiles. A quick turn or maneuver can easily cause a larger vehicle to flip over. A driver may try to act quickly in response to another driver’s actions, and that reaction may cause their car to turn over. A car may also roll over if forced off the road. According to the National Highway Traffic Safety Administration (NHTSA), the most common cause of rollovers is the latter, where a vehicle’s wheels are affected by uneven terrain after colliding with another automobile. 

When it comes to pedestrian accidents involving motorists, both parties can be at fault. However, with vehicles having more protection and power than a person walking down the street, drivers have a different level of responsibility when getting behind the wheel. A pedestrian can be put into a dangerous situation by the actions of a driver, even if the person behind the wheel is following the law. Each year, approximately 5,000 pedestrians are killed in an accident with a vehicle. Many more are injured, and these injuries can have lifelong effects. If a pedestrian suffers injuries due to the negligence of a motorist, he or she may be entitled to compensation.

Safety Tips for Motorists

According to the Colorado Department of Transportation (CDOT), the number of pedestrian fatalities went up 11 percent from 2016 to 2017. To help avoid more fatalities, it is a good idea to review safety measures when it comes to sharing the road. Below are some tips drivers can follow to help prevent accidents with pedestrians: 

When it comes to workers’ compensation, truck drivers who are injured are in a unique situation in Colorado, depending on their employment status with a company. Many trucking companies hire drivers as independent contractors as opposed to regular full-time employees in an effort to save costs. There are many liabilities with having truck drivers as employees, so technically, an independent contractor would not qualify for workers’ compensation. Instead, under 2018 legislation, independent contractor truck drivers in Colorado qualify under occupational accident coverage for vehicles weighing more than 16,001 pounds. This coverage must be comparable to the employer’s workers’ compensation benefits. 

Types of Truck Accidents

Every type of job has the potential for a person to get injured while performing their occupational duties. Truck drivers are different than office workers due to the amount of time they spend on the road for their jobs. While truck drivers are subject to common workers’ compensation claims, such as slips and falls, they can also be involved in accidents specific to trucking. The following are accidents that a truck driver may face while on the job: 

The kind of vehicle a driver owns is a matter of personal choice. Some motorists may avoid owning or riding motorcycles due to the high risk of injury. There is a smaller percentage of motorcyclists on the road compared to passenger and commercial vehicles, but according to the National Highway Traffic Safety Administration (NHTSA), motorcyclists account for 14 percent of all traffic fatalities. Motorcycles are unique because they are not restricted, like bicycles or pedestrians, on major highways. However, they offer limited protection for the driver, and therefore, a motorcycle accident can have devastating consequences. 

Precautions to Take When Riding a Motorcycle

There are many safety precautions that motorcycle drivers and passengers should take when going out on the road. A driver's and rider’s entire bodies are subject to the surrounding environment since a motorcycle does not offer protection like a car. Basic motorcycle gear includes a helmet and gloves, plus rugged shoes and clothes. Leather is a popular choice because of its durability. In the event of falling off the motorcycle, these items will help protect the driver's and passenger's bodies. Protective eyewear such as sunglasses is also important to reduce the chances of a motorcyclist losing his or her eyesight in a crash. 

All companies must uphold the standard practice requirements of their industry. These standards keep consumers safe from issues such as faulty products or contaminated foods. When companies neglect to fulfill these standards, and someone gets hurt as a result, the company may be held liable for the injuries. The same goes for transportation corporations when a truck accident is caused by poorly maintained vehicles.

What Are the Federal Standards for Truck Maintenance?

It is required that all commercial vehicles on the road are driving safely and operating within the conditions set by federal regulations. For instance, if a truck cannot safely carry freight, then it should not be on the road. Companies can monitor how a fleet is operating by keeping accurate and frequent records, requiring regular inspections, and having a staff that routinely maintains the vehicle. 

Commercial companies in Colorado are required to keep maintenance records for any vehicle that has been a part of their fleet for 30 days or more. These records must include: