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.

Colorado Premises Liability Laws

Colorado premises liability laws apply in many drowning incidents. According to these laws, property owners owe a duty of care to lawful visitors to keep the property reasonably free of hazards. When there is a failure of that duty and a person is injured as a result, the victim can pursue a premises liability lawsuit against the owner for the losses they suffer because of their injuries. If the victim dies from their injuries, their family may be able to pursue a wrongful death lawsuit against the owner, like the family of the young girl who drowned.

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.

An injured worker is entitled to have all their medical expenses paid for, as long as the provider(s) they see have been authorized by the insurance company. If a worker is temporarily disabled because of their injury, they are entitled to two-thirds of their lost weekly wages until they can return to work at full capacity. If a worker is permanently disabled and unable to return to work because of their injury, they may be entitled to weekly benefits for a longer time period or the rest of their life.

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.

 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.

And while many states have passed hands-free driving laws, multiple studies show that using a device hands-free does not reduce the driver’s distraction. Despite the belief that multitasking is possible, we can only focus our cognitive behavior on one task at a time. This means engaging in any task – like talking on the phone – while we are driving diverts part of our attention away from the road.

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.

Protect Vulnerable Road Users Through a Safe System Approach

The MWL categorizes motorcyclists, pedestrians, and bicyclists as vulnerable road users (VRUs). According to this year’s MWL, there were more than 12,000 vulnerable road users killed in traffic accidents in 2019. While other types of traffic accident fatalities are decreasing, those involving vulnerable road users have increased by as much as 5 percent over the past decade.

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.

One major study conducted by Rocky Mountain High Intensity Drug Trafficking Area in 2019 found that since Colorado legalized recreational marijuana in 2013, the number of fatal crashes in which drivers tested positive for marijuana spiked 135 percent, while the overall number of crash fatalities rose by 24 percent.

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.

Just like car and other vehicle accidents, alcohol is a significant factor in fatal boating accidents, responsible for almost one-fourth of all incidents. Colorado law enforcement report that there have already been numerous arrests for BUI (boating under the influence) already this season. Other frequent causes of boating accidents include:

Memorial Day is traditionally known as the official summer kickoff. It is also in the middle of the annual Click It or Ticket campaign sponsored by the National Highway Traffic Safety Administration (NHTSA). It has been well documented for decades that seat belts save lives in the event of a vehicle accident. While at one time, wearing a seat belt was up to the individual, today, every state has some form of seat belt law in place.

In Colorado, all front-seat occupants must wear a seat belt. Passengers 15 years or younger must be secured with an appropriate safety restraint system no matter where they are sitting in the vehicle. Yet, despite the overwhelming evidence they save lives and the fact that it is the law, there are still many people who refuse to buckle up.

Seat Belt Usage

According to national statistics, at least 27 million people admit to not wearing a seat belt. In 2019, almost 18,000 fatal car crash victims were not wearing seat belts at the time of the crash. It is estimated that over 15,000 lives are saved because of the use of seat belts.

Each year, the month of May is designated as Motorcycle Safety Awareness Month in Colorado and throughout the country. Traditionally, May has been the month chosen for this safety campaign since May is the beginning of warm weather and riding season in many states. In keeping with this theme, the Colorado Department of Transportation (CDOT) has also chosen May to launch its new Aftermath campaign to help spread how important it is for motorcycle riders to wear helmets. Wearing a helmet can save a rider’s life in the event of a motorcycle crash.

Deadliest Year

According to statistics from the CDOT, 2020 was the deadliest year on record for motorcyclists. There were 137 riders killed in motorcycle accidents last year, a 33 percent increase over the previous year’s fatalities. The ratio of the number of motorcycles in the state and the number of fatalities demonstrates just how dangerous riding can be. While motorcycles made up only 3 percent of the total number of registered vehicles in Colorado, motorcycle crashes made up 22 percent of all traffic deaths last year.

Motorcycle Helmets

Colorado law does not require any motorcycle operator or passenger who is 18 years or older to wear a helmet, despite the proven fact that helmets protect a rider from catastrophic injury and death. In fact, out of all the protective gear a rider can wear, their helmet is the most important piece of gear in determining whether they survive a crash or die.

The construction industry has been labeled one of the most dangerous industries to work in by the Occupational Safety and Health Administration (OSHA). In fact, according to national statistics, at least two construction workers die from work-related injuries each day. While there are many different types of construction site accidents, one of the most dangerous is trench collapses.

Trench Collapses

Trenches are dug for a number of reasons on construction sites. Trenches are also used in the agricultural industry, as well as for installing utilities and pipelines. Employees who are working around and in trenches are at a high risk of becoming injured or killed in trench collapses, side-wall collapses, and cave-ins. The Bureau of Labor Statistics reports that approximately 25 workers are killed each year in trench accidents. The most frequent cause is cave-ins, which kill three out of every four victims. The other fatalities are caused by electrocutions and struck-by accidents.

Local Worker Killed

Fatal trench accidents can also occur from drowning, which happened in a recent tragic accident on a job site in Larimar County that resulted in the death of a 50-year-old worker.

It has been well documented that even a minor brain injury can result in major issues, leaving a victim dealing with confusion, headaches, coordination issues, and even seizures. Multiple studies reveal that years after the injury has healed, a victim could have new medical problems that are triggered by that brain injury. In one new study, researchers in the U.K. have determined that victims who sustain a traumatic brain injury have a significantly increased risk for stroke years after the initial injury.

The Study

The study was done by researchers from the University of Birmingham's Institute of Applied Research, using data collected from 18 different studies conducted in four countries. The compiled data revealed that people who had sustained brain injuries had an 86 percent higher risk of suffering a stroke than people without brain injuries. That risk is highest during the first four months following the injury, but a victim still has a significant risk of stroke for up to five years later. Even more alarming, the studies show that the severity of the brain injury made no difference in a victim’s stroke risk. Since more than 70 percent of brain injuries are considered “mild,” the study team suggests that any brain injury should be deemed a “chronic condition” even if the victim has recovered.

Long-Term Effects of Brain Injuries

This study is not the first to reveal that brain injuries have a significant long-term impact on victims’ lives. Prior studies have found brain injuries increase the risk of many neurological conditions, including dementia, epilepsy, and Parkinson’s disease. The Centers for Disease Control and Prevention (CDC) estimate that approximately 2.5 million people suffer brain injuries each year. Vehicle accidents and falls are responsible for almost half of these injuries. When a victim suffers a brain injury, the recovery and rehabilitation process can be a long and painful one. Many victims are left with high medical bills and are usually unable to work while they recover. The brain injury may also leave them with life-long disabilities, and as many of these studies show, at risk for dangerous medical conditions later in life.

According to national statistics, approximately six million car accidents occur in this country each year. These accidents are responsible for more than three million injured victims, with two million of these victims left with permanent damage or disability.

While the circumstances of each crash may be different, there are common factors that show up in case after case. One of these factors is the cause. The following is a brief overview of some of the most common reasons why crashes occur. For more detailed information if you have sustained injuries in a car accident, call our office to speak with a Fort Collins personal injury attorney.

Common Causes of Car Accidents

When our firm represents a client in a car accident claim, one of the first things we determine is what was the cause of the crash. What type of negligent behavior was the other driver engaged in that resulted in our client’s injuries? The following are some of the top causes that we see in case after case:

The national statistics for deadly truck accidents are alarming. According to data from the Federal Motor Carrier Safety Administration (FMCSA), there are almost 500,000 truck crashes that occur each year in the United States, resulting in more than 4,000 deaths and almost 110,000 injured victims. The majority of those injuries range from serious to catastrophic.

In fatal truck accidents that involve a passenger vehicle and a semi, more than 95 percent of the victims who are killed are the occupants in the passenger vehicles. Truck accidents account for more than 10 percent of all fatal vehicle accidents each year.

Colorado State Patrol Set Up Mobile Check-Ins

These ever-increasing numbers of truck accidents have led the Colorado State Patrol (CSP) to be on the lookout for truckers who try to evade weigh stations that the state has set up to ensure that trucks that travel on Colorado roads are in good working order and are not over the weight limit. These check-ins also are an opportunity to make sure that truck drivers operating these massive vehicles are properly licensed and are adhering to federal regulations regarding hours of service that truckers are allowed to operate.

One of the essential tools on a construction site is a ladder, but it can also be one of the most dangerous. In fact, ladder falls are one of the leading causes of death for construction workers, with the majority of fatal falls occurring at 10 feet or less. In the past 10 years, the number of victims who have died from ladder falls has tripled. Ladder falls kill more than 300 people in the U.S. each year. Another 164,000 people end up at emergency rooms with injuries.

Victims often suffer serious physical injuries that can have long-lasting or permanent effects, but a recent study found that victims of ladder falls often deal with long-lasting emotional problems as well.

Ladder Fall Study

The study looked at victims who had suffered falls from ladders and were treated at two different hospitals. More than half of the victims were males, and some of the accidents had occurred while the victim was doing chores at their own home and not on a job site. The average hospital stay for these victims was five days. Some of the most common injuries these victims had suffered included:

April is National Distracted Driving Awareness Month. According to national statistics, more than 700 people are injured every day in accidents caused by distracted drivers. More than 3,000 of those victims die every year, and despite all of the education and warnings about how dangerous engaging in distracted driving behaviors is, these numbers continue to increase each year.

In Colorado, distracted driving is responsible for more than 40 car accidents every day, resulting in thousands of injuries and death each year. The Colorado Department of Transportation (CDOT) is joining the nationwide campaign, announcing its own Distraction Reactions campaign.

Colorado Distracted Driving Statistics

While the COVID-19 pandemic forced many people to stay home and off the roads, vaccine rollouts are easing restrictions, meaning more drivers will be back on the roads. And, many of those drivers will be on their smartphones or doing some other activity that takes their focus off the road. In a 2020 survey conducted by the CDOT, 92 percent of drivers admitted to engaging in distracted driving. This was up by two percentage points from the 2019 survey.

Spinal cord injuries are one of the most catastrophic injuries a victim can suffer, significantly impacting their quality of life. The spinal cord is the body’s message center, responsible for sending messages from the victim’s brain to other parts of the body. If there is an injury to the spinal cord, this can stop the messages from being delivered, causing great physical limitations for the victim. Up until recently, there have been limited treatment options for victims. There may be new hope, however, with early research finding that stem cell infusions may help victims regain lost sensation and movement.

The study was conducted by Yale School of Medicine in New Haven, Conn. The researchers took mesenchymal stem cells from the 13 study participants’ own bone marrow and multiplied them in the lab. The stem cells were then intravenously infused back into the participants at approximately 40 days after they had sustained their injuries.

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.

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. 

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.

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.