Commercial vehicle accidents usually involve medium to large non-passenger vehicles that are classified solely as trucks, such as delivery or panel trucks and semi-tractor trailers. Commercial vehicles with trailers are generally used for the interstate transportation of goods and products, such as oil, gasoline, food, livestock, and products for home heating. Are These Larger Vehicles Subject To Different Rules Or Regulations On The Road? In order to operate a commercial vehicle, an individual must obtain a commercial driver’s license (CDL), which requires a background and medical record check and is therefore more difficult to obtain than a non-commercial driver’s license. Because commercial vehicles are involved in the interstate transportation of goods, they are generally subject to a high level of regulation from the federal government as opposed to the state government. However, sometimes these regulations are not complied with- fully or in part. What Are the Common Causes of Accidents Involving These Larger Commercial Vehicles? In most cases, commercial vehicle collisions are caused by some type of operator error. As one might imagine, operators of much heavier commercial vehicles have smaller margins of error. For example, it is more difficult and will take longer for a heavy vehicle to come to a complete stop than a lighter passenger vehicle, which makes speeding in commercial vehicles particularly dangerous; this is often true even if the brakes are in perfect working condition. Operator errors can occur due to the fact that many operators are under pressure to meet certain schedule demands, and as a result, they often don’t get enough rest. Medical conditions may also lead to commercial vehicle accidents. For example, I once handled a case that involved an operator who went into diabetic shock while driving; this caused a horrendous collision involving multiple cars. Deferred or improper maintenance can also […] Read The Entire Post

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A person should never release their medical records to an insurance adjuster. Instead, people should allow their attorney to get the records and give them to the insurance company. That way, the attorney will have the opportunity to review and discuss them with the client before turning them over to the insurance company. Sometimes there are obvious errors and mistakes in records. For example, I am representing a client who was given a type of medication at a hospital, but there was no record of it having been given. It is important to review medical records in order to catch errors of this nature. We cannot mislead or be dishonest, but we can explain where and in what way a provider or hospital may have made an error in the record. A person will also have to give their medical records to any company or organization that they expect to pay for their treatment costs, such as their auto insurance carrier, major medical company, Medicare, or Medicaid. It’s best to get as much coverage as possible so that all of the treatment providers get paid for the services they provide. A person will probably have to do this for their own insurance company, but not for the opposing party’s insurance company. Do You Advise Your Clients To Keep A Journal Of Events Following A Crash? Whether or not I will advise a client to keep a journal of the events following a crash will depend on the particular case. Sometimes patients are advised by their treatment providers to keep a log of their levels of pain or daily experiences with their injury. However, I always remind people that once something has been put in writing (whether it is in a journal or through email), then there is a very good […] Read The Entire Post

It is important that people share truthful information with their doctors after a crash. People need to be prepared for the idea that the at-fault driver’s insurance carrier and/or their attorney will ask for all of the relevant treatment information. This means they will demand to see all records associated with hospital visits, ambulance rides, and appointments with medical specialists. If someone does not want to hand over their records, then there is not much that I will be able to do to help them. Although different people might interpret the records differently, ultimately the truth is the truth. My philosophy is that healing from the injury should be the main priority. If someone is dishonest, then I will not want to deal with them. Insurance carrier representatives are highly trained and very skilled, and they always have the option of sending a person to a provider of their choice to undergo an “independent” medical examination. I always tell people that the more they can do to mitigate long-term damage to the body, the better. It is important for people to cooperate with their physicians in order to achieve the best recovery possible. There is also a lot of propaganda and misinformation that suggests people are just “case building,” meaning that they are going to the doctor several times in order to make it look as though they are very injured. Ultimately, each juror will have to ask themselves whether or not they would behave the same way in a particular situation. A claimant has a duty to mitigate or reasonably minimize the consequences of whatever happened, and if a jury or judge senses that someone is not doing that, then it can really hurt their case. In An Auto Accident Or Collision, If The At-Fault Driver Was Borrowing Someone […] Read The Entire Post

If someone was not wearing a seatbelt at the time of a crash, they can still recover damages. With that said, not wearing a seatbelt can contribute negatively to someone’s case. For example, the at-fault insurance company might use it as an affirmative defense to argue that if the person had been wearing their seatbelt, then they would not have been injured as severely, or at all. The viability of such an argument would depend on the type of injury that was sustained, because there are types of injuries that would not be prevented by the use of a seatbelt. In Colorado, there is contributory negligence. In some cases, both or multiple parties will receive citations after an accident, which can make a case more difficult. This is because the injured party would have to prove that their injuries were the result of someone else’s fault. If there is 100 percent fault, then the question becomes whether or not any of it can be distributed to another party. In other words, a jury or a judge could look at all of the facts and say, “Based upon what happened, we think the plaintiff was 30 percent at fault and the defendant 70 percent at fault.” In Colorado, as long as the defendant is 51 percent at fault, then the plaintiff can still recover for their injuries and losses. It should also be noted that the police report can serve as evidence of negligence. Generally speaking, police reports are inadmissible, but the police officer who drafted a report can be called as a witness. Officers usually testify in a way that is consistent with what they wrote in the police report. For example, if they ticketed one party for careless driving, then their testimony at trial or court would be consistent […] Read The Entire Post

The key factor in determining the viability of a personal injury claim is a willingness to work with and cooperate with our office. We cannot change the basic facts of the accident or the type of injury that someone has suffered, but if we have that information then we will be able to give clients helpful suggestions in terms of how to best present their claims. While it is important for clients to follow our advice, it is perhaps even more important that they follow the advice of their treating providers. Sometimes people get discouraged or distracted and decide to stop getting treatment. I understand that people are busy and have other things going on in life, but they need to understand that they have to work with us and grasp the importance of the claim. An insurance carrier will seize upon the idea that if a person is not following their doctor’s orders, then they are not really injured, not injured severely, or they just do not care about their health; these are not positive perceptions of a plaintiff. We cannot misrepresent or fabricate evidence, but there are ways to put our best foot forward, so to speak. How Long Do Personal Injury Cases Typically Take To Get Resolved? A personal injury case that does not go to trial can take six months to a year to get resolved. If a case goes all the way to court, then it can take anywhere from one year to 18 months to get resolved. Sometimes there are delays beyond everyone’s control. For example, the court can postpone a trial or other factors can lead to postponements. If one side or the other does not agree with the trial court’s outcome, then the case could be appealed. We obviously work very hard […] Read The Entire Post

People often underestimate the personal injury claims process. They do not really understand that the process involves dealing with an entire industry that is working to minimize their claim. In addition, they will be dealing with a very sophisticated, highly trained and highly experienced representative(s) from the insurance company. If a client contacts the at-fault party’s insurance company prior to retaining our firm, then they could be lured into a false sense of security. An adjuster will often ask for a recorded statement, explaining that it’s routine and just covers some basic questions. While that is accurate to an extent, many people don’t realize that the adjuster’s job is to settle the claim for as little as possible. Adjusters can be very cordial and will often say, “We want to just help you get this case resolved without a whole bunch of hassle.” Unfortunately, what they really mean is that they want to settle the claim for as little as possible and move on to the next case. For those who have never been through it before, the personal injury claims process can be difficult. What Documents Or Information Should I Have To Assist My Attorney In The Claims Process? In order to assist an attorney in the claims process, it is recommended that a client provide their attorney as much information as possible regarding their injury. If an auto collision, they should provide their attorney with as much information as they have about their own insurance policy(ies) and, if available, about the other parties involved in the collision. What is especially helpful in an auto collision case, is what is called the Declaration Page – this is a part of the client’s insurance policy which lists the types of coverage the client has, and the dollar limits of their […] Read The Entire Post

There are two ways in which a personal injury attorney is compensated, one of which is used in the overwhelming majority of cases. In Colorado, we are required to give a prospective client the option of hiring our office on a traditional hourly arrangement, meaning that the client would pay us a certain amount of money per hour for attorney’s fees, paralegal services, etc. Most people, however, choose to hire our office on a contingency fee basis, which means that if there is never any settlement or money recovered on behalf of the client, then we will not receive any fee. The strict hourly arrangements aren’t typically used in injury cases because they just really do not make sense. A person who pays us on an hourly arrangement is usually taking a lot more risk because they are going to have to pay money upfront and will have to pay us on a regular (usually monthly) basis regardless of whether they win or lose the case. Most people either do not want to spend the money, do not have the money to pay us upfront, or they just do not want to take the risk or the uncertainty of whatever their settlement or award could end up being. We can never ethically guarantee any client a certain amount of money because there are too many factors and moving parts. Most people will opt for a percentage of award type of contract, which would be spelled out in an agreement that would be signed in advance of hiring us. Although the agreement is pretty straightforward, we are happy to discuss any questions or concerns that a potential client may have. We are always upfront with people and comply with all of the ethical guidelines by which attorneys are bound under Colorado […] Read The Entire Post