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Medical Malpractice Statute of Limitations: How Do They Impact You?

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The National Practitioner Data Bank reported an average of 12,144 cases of medical malpractice between 2009 and 2018. However, many more cases never went to court because the victims waited too long to file their claim, passing the medical malpractice statute of limitations.

The medical malpractice statute of limitations marks the difference between vast amounts of financial compensation and soul-crushing debt.

The medical malpractice statute of limitations varies by state, ranging from 2-6 years. Only a few exemptions allow medical malpractice cases to be filed after that time limit.

Unfortunately, for medical malpractice victims in Colorado, the statute of limitations is notoriously complicated.

To win a medical malpractice suit in Colorado, your attorney will have to obey strict procedural rules, a “certificate of review” must be created, and a substantial burden of proof must be presented.

Additionally, there is a cap on the damages you can be paid.

Standard Medical Malpractice Statute of Limitations in Colorado

In Colorado, you have two years from the date you discovered the harm was done to file your lawsuit. This includes two years after you could have been reasonably expected to uncover the issue (even if you didn’t).

Regardless of when you discover the harm inflicted on you, Colorado law states that you must file your case within three years of the alleged malpractice. This is called “the discovery rule”.

That said, there are exceptions.

Exceptions to Medical Malpractice Statute of Limitations in Colorado

There are three primary reasons the statute of limitations in Colorado can be extended beyond the limits set by the discovery rule.

Lawmakers created the discovery rule to protect victims who weren’t aware — and could not have been aware — of the harm done to them until well after the statute of limitations had passed.

But in Colorado, that has its limits.

Nonetheless, there are circumstances where you can successfully file a medical malpractice lawsuit against a medical professional after the statute of limitations has passed.

If the case involves either fraud or concealment on the part of the defendant and they were aware of the harm done and actively attempted to hide it from you, you can possibly file your lawsuit after the statute of limitations has expired. 

Another potential exemption is for cases that involve a surgical instrument or other foreign objects inside your body.

Finally, it can be extended in some cases if it was not possible to learn about the malpractice or the resulting harm “by the exercise of reasonable diligence.”

It’s Different for Children in Colorado

As with most states, there are slightly different rules for children who are victims of medical malpractice.

If the victim was not yet six years old at the time of the incident, a parent or guardian potentially must file the lawsuit before the child turns eight.

Understanding Certificate of Review in Colorado

The certificate of review is one of many procedural hurdles your attorney will have to jump over  for a medical malpractice case in Colorado.

According to the New England Journal of Medicine, only 1% of physicians avoid a lawsuit before  they reach retirement age. Malpractice allegations have devastating legal repercussions, so the certificate of review helps to prevent frivolous lawsuits from being filed against licensed professionals.

The certificate of review establishes that you have consulted a medical expert to verify your lawsuit has substantial merit and it must be filed within 60 days of filing the suit.

A failure to do so can result in the dismissal of the complaint.

Colorado Cap on Malpractice Compensation

Unlike most states, Colorado doesn’t have one cap on medical malpractice — but two. They can limit the amount of compensation you can receive when you win a case.

The first is an “umbrella” cap of $1 million. That is the total compensation you can receive in a medical malpractice case, including economic losses, non-economic losses, and reduced earning capacity.

The second cap, which falls under the umbrella, is set at $300,000. It is for non-economic damages, which are hard to quantify. These can include compensation for fear and anxiety, sleeplessness, disfigurement, loss of enjoyment of life, and “pain and suffering”.

The amount of compensation can vary wildly depending on the amount of harm done. However, according to the NPDB, $309,908 is the average amount awarded.

Final thoughts: Medical Malpractice Statute of Limitations: How Do They Impact You?

Colorado’s medical malpractice statute of limitations can make all the difference to your life. A failure to file your suit in time can leave you with crippling medical bills and limited economic opportunities.

Because of this, it’s essential that you get the ball rolling as soon as you suspect you might be a victim of medical malpractice. Reach out to attorneys who understand how to navigate Colorado’s complicated claim process.

The clock begins ticking as soon as the damage is done. Act quickly to ensure that you are fairly compensated.

If you believe you’re a victim of medical malpractice in Colorado, contact the experts today!

Slip-and-fall Claims Spike in Colorado: Are You a Victim of Negligence?

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There’s been an enormous jump in slip-and-fall claims in Colorado, according to Pinnacol Assurance. And, that was just in the first two months of 2019 — so expect that number to be spiking again soon.

January and February 2019 — some of the iciest months of the year — saw a 46.3 percent increase in slip-and-fall claims when compared to the same timeframe in 2018.

“The last two winters we have had have been extremely mild. We haven’t had the type of slip-and-falls claims that we have had over the years prior,” said Pinnacol Safety Service Director Jim McMillen.

What most people find themselves asking after taking a terrible tumble outside of their work or another business is whether or not they can be compensated for the medical bills, time away from work, and other associated costs associated with the bad fall.

With the most common serious fall-related injuries being fractures, concussions, dislocations, contusions, strains, and sprains, it’s no surprise that a bad fall can put someone out of commission for weeks — resulting in serious financial costs.

Establishing Liability in a Slip-and-Fall Case

The first step — after that misstep that led to your tumble — in a slip-and-fall case is establishing liability. This is a two-step process, starting with identifying the potentially liable parties and then assessing whether or not they were negligent.

In these cases, negligence is basically the idea that the party either caused or failed to prevent the slip-and-fall incident.

The focus in these cases is often whether or not the accused party acted in a way that a reasonable person would have. 

Should the property owner, or someone working for them, have recognized the dangerous conditions, such as ice in the parking lot? Additionally, should they have mitigated the hazardous nature of the situation, such as by having the parking lot plowed and salt put down? 

If the answer is that a reasonable person should have recognized the hazardous conditions and taken actions other than those taken to prevent people from being injured, you probably have a strong slip-and-fall case.

When it comes to establishing liability, the other option involves asking if the property owner or a responsible employee actually created the dangerous conditions that led to the accident. An example of this could be not putting up a warning sign in areas where floors are wet from being freshly mopped. 

Establishing Your Freedom From Fault or Contribution

Where things can start to get a bit dicey in a slip-and-fall case is when the property owner or their insurance carrier — who would rather not pay you what you’re owed — starts to argue that you are at least partially, if not totally, responsible for the accident.

Comparative fault laws vary from state to state, with some making it much more difficult for a slip-and-fall victim to be compensated for their injuries. 

In Colorado, your contributory negligence can diminish how much you can collect for damages. In fact, if a court determines that your negligence is greater than the defendants, you won’t receive any compensation — even if you’re only 51% at fault.

In a less upsetting example, imagine that the court determines that you’re 10% at fault, and the settlement is $10,000. In this case, you would only be awarded $9,000.

Far too often, people, feeling embarrassed about having taken a tumble, admit some level of fault at the scene. They’ll say, “Oh, I’m so clumsy” or “I should have worn my microspikes” or “It’s my fault, I shouldn’t have been rushing to get to the car”.

No matter how you feel — don’t say these things. Do not admit to any fault until you’ve spoken with a personal injury lawyer who can help you better understand whether or not your knee-jerk reaction to admitting some degree of fault is reasonable.

Such admissions, no matter how unreasonable, will be used against you in court if you pursue a slip-and-fall claim.

There are several things that your lawyer will be looking at when trying to determine whether or not you shoulder any of the liability for the accident.

The first thing that will be examined is if you were doing anything that could have prevented you from noticing the hazard, such as being on your phone. In the same vein, it will be asked if you ignored warning signs or failed to use safety measures that would have been utilized by a reasonable person.

Lastly, lawyers will want to know if you had a legitimate reason for being in the area where the accident occurred. If you snuck into an ice rink at night and injured yourself when you fell on the ice — you’re probably not going to be able to win the case.

Filing Your Slip-and-fall Claim

Though you are not legally required to, most people will review the above information with a lawyer before filing their slip-and-fall claim.

In general, the complaint will name the parties involved, describe what happened, allege who is responsible, and outline what needs to be compensated for, such as medical bills and time away from work.

Mediating Slip-and-fall Claims

More often than not, parties involved in such a claim will attempt to resolve the issue without going to trial. This can either be done via mediation or a settlement conference. During these events, there is a bargaining process in which your lawyer will argue their case and attempt to get you as fairly compensated as possible.

It’s basically an attempt to find a middle ground that everyone can live with.

According to McMillen, the average cost of a work-related slip-and-fall claim is about $13,000.

Final Thoughts — Slip-and-fall Claims Spike in Colorado: Are You a Victim of Negligence?

With the months ahead looking particularly slippery and dangerous in Colorado, it’s best to know what to do if you’re in a slip-and-fall incident. 

By not admitting to anything at the scene and hiring the best possible personal injury lawyer, you can put yourself on a path to recovery without it destroying you financially.

Have more questions about how a slip-and-fall claim is handled? Talk to the experts at Manning Law.

The Top 5 Lawsuits Backed by Colorado Law — Mostly

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The truth is that most people don’t want to enact Colorado law and sue. 

Though there can be enormous payoffs for some plaintiffs, the reality is that those payouts are compensation — compensation for losses: physical, mental, emotional, and financial.

The reality is that your average person wants to remain untangled with the misfortune that so often spearheads a lawsuit. However, some cases are tragically unavoidable, and others are merely worth defending to prevent others from impeding the free rights of Americans.

Though such cases in Colorado law are no match for “Florida Man”, it’s essential to keep track of what kinds of lawsuits are making headway in the state.

1) Woman Sues After Rocks From Arvada Railroad Bridge Fall Through Car’s Sunroof

Holly Gould is suing Union Pacific Railroad Company for serious, permanent physical and emotional injuries after her Cadillac XT5 was allegedly pummeled with rocks falling from a railroad bridge.

Gould is seeking more than $75,000 to cover medical bills, lost wages, and rehabilitation expenses, according to a lawsuit filed in Denver U.S. District Court.

According to the lawsuit, Gould was driving her 2017 Cadillac on July 20, 2017, when Union Pacific employees used heavy machinery to push a pile of rocks off a railroad bridge, sending them cascading down on her car and through her car’s sunroof on top of her.

According to the The Denver Post, she suffered a traumatic brain injury, as well as lumbar and thoracic spine disc bulges, resulting in a number of neurological disorders and physical impairments.

2) Woman Trapped For Days Following Car Crash Sues GM

GM has one more person putting them between the crosshairs as it continues to be entangled in high-profile legal trouble over the recall of the 2009 Chevy Malibu. The Chevy Malibu has been blamed for almost 170 deaths following evidence emerging about a defective ignition switch.

According to The Denver Post, the scandal could cost the company more than 5.3 billion in fines and victim compensation.

Kristin Hopkins was among those suing GM after receiving a recall notice for her 2009 Chevy Malibu in 2015.

Hopkins survived the near-fatal crash that left her trapped for days in her Malibu in late April the year before.

In her case, Hopkins claimed that the vehicle’s electronic stability control “failed to engage,” and the car’s electronic power steering “gave out”, depriving her “of these crash avoidance systems at the moment she needed them most”.

Following being rescued from the crash site, 140 feet down an embankment into a grove of trees, both of her legs needed to be amputated.

“My life is completely changed because of all this,” Hopkins told the Denver Post about a year and a half after the incident. 

“Could I have changed what happened? No. Could (GM) have changed what happened? Yes.”

3) Paralyzed Man Awarded $3M in Medical Malpractice Lawsuit

A 66-year-old man, who is now permanently paralyzed, was awarded $3 million after a jury found the medical staff at Pueblo’s Parkview Medical Center negligent in their treatment of the man.

Samuel Chifalo went to the emergency room for treatment after he struck his face on a piece of furniture, according to The Denver Post. However, the staff reportedly failed to recognize his spinal injury, discharging him without addressing the issue that later left him paralyzed.

If the injury had been treated properly, it was possible that the damage could have been reversed rather than amplified.

“This case, like all medical malpractice cases, was incredibly sad because Mr. Chifalo will never fully recover what he lost,” Chifalo’s lawyer said.

4) Doctor Sued for Alleged Medical Fraud

Dr. Paul Jones of Grand Junction, Colorado, is being sued after allegedly using his own sperm to help impregnate patients. 

Maia Emmons-Boring along with her parents and sister are taking Jones to court seeking damages for fraud, negligent misrepresentation, medical negligence, lack of informed consent, breach of contract, battery, and extreme and outrageous conduct according to Above The Law.

The case got rolling when Maia used a home DNA kit only to reveal that the man who raised her was not her biological father. Instead, she and her sister were biologically related to their family doctor and had many half-siblings.

Jones reportedly had told Maia’s parents when they were unable to conceive that he would use “fresh sperm” from an anonymous donor who was “either a medical student or law student.”

The Emmons-Boring’s attorney said that he alerted the Attorney General of Colorado and that Jones voluntarily gave up his medical license. 

However, the Emmons-Boring are reportedly frustrated that Colorado law does not clearly define Jones’ alleged actions as a crime. However, such Colorado laws are reportedly set to possibly change in the near future.

5) Loveland Settles for $50K, Lifts Topless Ban

A woman won a $50,000 settlement in a suit against the City of Loveland following police giving her a citation for being topless in a home’s front yard, according to the Coloradoan.

By settling the case, the city was able to prevent a federal lawsuit claiming that it had violated the woman’s 14th and Fourth Amendment rights. It was unlikely that the city would have won the case in court, as both the district court and 10th Circuit Court of Appeals had recently ruled against the City of Fort Collins for its topless ban.

In 2016, Fort Collins City Council was sued over its topless ban by Free the Nipples, an organization that argued the law was unconstitutional as it only applied to women.

This last instance of Colorado law provides a bit of a reprieve from others shared earlier with a reminder that not all justified lawsuits are necessarily tragic.

Final Thoughts: Top 5 Lawsuits Backed by Colorado Law — Mostly

In all of these cases, it could be argued that the plaintiffs would be vastly happier if they weren’t forced to go to court to protect their rights or seek compensation for a tragedy. However, when hardships are unavoidable, knowing that the Colorado laws are there to protect you can be comforting.

Share your stories of Colorado laws protecting those facing adversity in the comment section below!

5 Ways Riders and Drivers Can Avoid Fatal Motorcycle Accidents

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Fatal motorcycle accidents claimed the lives of more than 5,286 people in 2016, according to the most recent data released by the National Highway Traffic Safety Administration. The warmer weather states, such as California, Florida, and Texas, saw the highest numbers of fatalities. However, Colorado was home to more fatal motorcycle accidents than most states, with 125 people dying in such crashes in 2016.

Fatal motorcycle accidents not only profoundly impact the families and loved ones of the deceased, but are also traumatic experiences for anyone else involved in the collision. This is especially true for other drivers, no matter who was at fault.

By taking the right steps, both motorcyclists and others on the road can reduce the number of fatal motorcycle accidents in the US.

Helmets Reduce Number of Fatal Motorcycle Accidents

Many riders live — literally remain living — with the motto “all the gear all the time”.

The saying basically states that every time a rider gets on their bike, they should be wearing protection from the tips of their toes to the top of their heads. Even if you’re not one of those riders, you should still be wearing a helmet.

Helmets reduce the risk of death on a motorcycle by 37%. It was estimated that 1,859 lives were saved in 2016 alone because riders were wearing helmets. If every single person who got on a motorcycle had worn a helmet that year, it’s estimated that 802 more people would have made it to 2017, according to the Centers for Disease Control and Prevention.

The risk a rider takes by not wearing a helmet goes beyond increasing their chances of being in a fatal accident. It’s estimated that the US could save more than $1 billion in economic costs if all motorcyclists wore helmets. Additionally, riders are putting those in other vehicles at risk of being involved in a fatal motorcycle accident that could have been avoided by a more responsible rider.

Despite all the facts pointing toward the personal and communal benefits of motorcyclists wearing helmets, those 18 and over in Colorado are not required to do so. However, some form of eye protection is absolutely required.

Seeing Motorcycles Saves Lives

More than 50 percent of fatal motorcycle accidents involve another vehicle. Most often, the driver of the other vehicle (be it a truck or car) is at fault, according to the Motorcycle Safety Foundation.

In the US, there are simply more cars, trucks, and SUVs on the roads than motorcycles, and drivers often don’t see motorcyclists.

“When motorcycles and other vehicles collide, it is usually the other (non-motorcycle) driver who violates the motorcyclist’s right of way,” according to the NHTSA. “There is a continuing need to help other motorists’ think’ motorcycles and to educate motorcyclists to be aware of this problem”.

By being aware that you share the road with motorcyclists, you can decrease your chances of being in a fatal accident with one. Already, many motorcyclists do what they can to increase their visibility — many giving up on black and brown riding gear for brighter colors. Though it might not be as sharp of a look, neon nylon mesh vests with reflective taping can be a lifesaver for a motorcyclist.

Both motorcyclists and others on the road should be aware that because of motorcycles’ narrow profiles, they can easily end up in a car’s blind spot or be masked by fences, bushes, and so on. An extra moment checking for motorcycles when pulling into an intersection or changing lanes could be all it takes to save a life.

Don’t Smoke and Drive

It should go without saying that driving a motorcycle drunk is not only illegal but significantly increases a person’s chances of being in a fatal motorcycle accident. However, in 2016, about 25% of riders killed in motor vehicle traffic crashes were alcohol-impaired, according to NHTSA.

“In addition, there were 355 (7%) fatally injured motorcycle riders who had lower alcohol levels,” the NTSA report states.

What is less realized by many are the implications of driving after smoking marijuana.

Insurance Information Institute said that there are indications that states with legalized recreational marijuana are seeing increases in accident rates, noting that collision claim frequency in 2018 was 12.5% higher in Colorado than nearby states where recreational use wasn’t legal.

“Marijuana impairs psychomotor skills and cognitive functions associated with driving, including vigilance, time and distance perception, lane tracking, motor coordination, attention to tasks and reaction time,” according to the 2017 report “Motorcyclist Traffic Fatalities by State”.

Such negative effects can have a severe impact on motorcyclists who need to be more vigilant and reactive when driving.

Increase Following Distance

Though the stopping distance for motorcycles and cars is nearly the same, road conditions can more severely impact the effectiveness of motorcycles’ breaking. Wet roads, as well as roads with debris on them, increase the stopping distance for a motorcyclist. Additionally, attempts to stop on such surfaces rapidly can lead the motorcyclist to more easily lose control of their bike and crash.

To counter this known hazard, motorcyclists and other drivers should increase their following distance. Creating larger buffer zones around motorcyclists can significantly improve their abilities to navigate a dangerous situation and prevent a fatal motorcycle accident.

The rule of thumb is to increase your following distance by three or four seconds.

Drivers should also be aware that motorcyclists occasionally slow by downshifting or easing off the throttle, neither of which activates their brake lights. This is important to remember when approaching an intersection with a motorcyclist ahead of you, as they may be slowing without any visual warnings.

Defensive Driving Keeps People Alive 

Defensive driving is always a good idea — no matter what kind of vehicle you’re driving. By driving defensively, you create situations that are less dangerous and allow for others on the road to make mistakes without them becoming fatal.

For motorcyclists, defensive driving is even more critical because of the vulnerability that comes with being on a bike. One of the best tips regarding defensive driving for motorcyclists is the idea of always having an escape plan.

“When I come to a signal and stop, I stay in gear and watch the traffic coming up behind me. I will always leave room for an escape route,” said Tigra Tsujikawa, a Powersports industry professional and enthusiast

Final Thoughts: 5 Ways Riders and Drivers Can Avoid Fatal Motorcycle Accidents

By wearing helmets, driving defensively, being aware of other vehicles on the road (especially motorcycles), increasing following distances, and not driving impaired, you can decrease the chance you end up in a fatal motorcycle accident.

Unfortunately, even if you take all of these precautions as a motorcyclist — or some of them when you’re driving a car or truck — the reality is that motorcycle accidents happen. And, sometimes, they’re fatal.

If you or a loved one was part of a fatal motorcycle accident, having the right lawyers can provide some recourse after the tragedy. The last thing anyone wants to deal with after such a tragic incident is an uncaring, unhelpful insurance company. The truth is that more often than not with car accidents, claims for collisions involving motorcycles are denied.

If your claim has been denied or you feel that your insurance company is acting in bad faith, contact Manning Law to get what you deserve.

How to Sue an Insurance Company for Bad Faith

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When you purchased your insurance policy — be it homeowners’ insurance, fire insurance, or automobile insurance — you did so to protect yourself and your loved ones.

The policy is a legal agreement between you and the insurance company that requires the company to act in good faith by investigating claims and paying you what you’re due. However, the gut-wrenching truth is that not all insurance companies act in good faith.

Not all of them recognize their promise and legal responsibility to every client. Sometimes, they attempt to pull a fast one to help keep their profits up, rather than protect you.

That’s when you need to know how to sue an insurance company for bad faith.

What is Bad Faith?

If you’ve read your insurance policy, you should have clear expectations about what your insurance company will do for you and what the policy will cover.

In situations where your insurance company is not being honest, legally fair with you, or it’s failed to fulfill its contractual duties, there is the possibility that you will need to know how to sue an insurance company for bad faith.

Bad faith law exists in the US because there must be a balance between the interests of an insurance company and those of policyholders. On one hand, there is a need for an insurance company to be able to protect itself from fraudulent or invalid claims by rejecting them. On the other hand, policyholders have the right to receive fair compensation based on the terms of their plan.

Bad faith law provides the necessary checks and balances to that system.

Recognize the Signs of Bad Faith Insurance

There are a plethora of signs that you might be dealing with a bad faith insurer. However, just because your insurance company seems to be conducting some of these practices, it doesn’t mean you have a bad faith insurance claim — necessarily.

Some of the most common indicators that your insurance company is acting in bad faith are poor communication, denying your claim without just cause, pressuring you to accept an unfair settlement, or delaying proper payment on your valid claim.

Recognizing these signs is your first step in determining how to sue an insurance company for bad faith.

Pouring on the Poor Communication

If your insurance company stops communicating well once you’ve submitted a claim, there is no guarantee they are acting in bad faith. However, there is a reason to be suspect.

Common breakdowns in communication can include the company failing to acknowledge that it has received documents and evidence concerning your claim. There can also be poor communication about how things are moving along with their investigation.

None of that is okay. In general, communications should be frequent, and the exchange of information relatively easy.

Denying Your Claim Without Proper Cause

There are legal and legitimate reasons that an insurance company might deny your claim. These include damages that exceed or go beyond the scope of your policy.

However, if your insurance company is denying your claim without clearly communicating the proper cause, that should be a big red flag for you. In fact, some companies acting in bad faith deny policyholders’ claims in hopes that the person will just give up.

Pressuring You to Accept an Unfair Settlement

Your insurance company should be working for you. Of course, that’s not always the case.

If your insurer is pressuring you to accept a settlement that seems unfair by telling you it’s the only option, an experienced attorney can help you find an alternative solution. That same attorney might also help you pursue a bad faith claim if it comes to that.

Delaying Proper Payment on Your Valid Claim

Insurance companies acting in bad faith also use the tactic of delaying the process as much as possible. This can often include making wildly unreasonable demands for you to produce excessive amounts of documentation.

This tactic works because when people are desperate — imagine a car accident leaves you unable to work, but you still have bills to pay — they are more willing to accept a lowball offer.

What to Do if Your Insurance Company Is Acting in Bad Faith

Unfortunately, you can’t just launch right into suing your insurance company if you believe it’s acting in bad faith. In fact, you need to know exactly how to sue an insurance company for bad faith to ensure you have the best chance of winning your case.

Know Your Insurance Policy

The first step you need to take is to get a full copy of your contract and read it. In some cases, you might want to even request a copy of the policy before filing your claim — it can let insurers know that you’re not going to be easy to push around.

Document, Document, Document

The next step requires thorough documentation of your actions and the insurer’s actions. The goal here is to prove the validity of your original claim, as well as the fact that your policy should cover it.

To do this, you’ll want to gather all correspondence between you and the company, as well as reports, receipts, photo evidence, and brief notations of all calls with the company. Be sure to include times and what was talked about.

Request Review of Denial

Even with all this evidence in your pocket, you’re not ready to sue. Instead, you should request that a supervisor review your claim and the denial.

If that doesn’t get you anywhere, you’ll want to appeal the denial to your state’s insurance regulatory agency. Though services are different in every state, the agency will often help mediate a disputed claim denial.

File that Bad Faith Insurance Lawsuit

Bad faith lawsuits are not straightforward, as they often include additional claims, such as negligence, breach of contract, and fraud. Given this, you’ll want to present your case to an attorney who is well versed in bad faith insurance claims. The right attorney will help you determine how strong your case is and precisely what you deserve.

At this point, things get interesting, because you will not only be seeking compensation based on what was owed to you via your policy, but you will also be seeking compensation for damages due to the insurance company’s bad faith, which can be magnitudes more.

Final Thoughts: How to Sue an Insurance Company for Bad Faith

It’s hard to believe that some insurance companies are so greedy that they will prey on you when you are most vulnerable. However, that’s the hard truth.

Thankfully, you can protect yourself by learning how to sue an insurance company for bad faith.

By taking the right steps, you’ll be in the position to team up with an attorney and win your case — not only for the money owed to you by your contractual agreement with the insurance company but also for the damages the company has caused through their bad faith.

Laws for bad faith insurance claims vary from state to state. However, if you’re in Colorado and near the Denver area, Manning Law will ensure you receive the payout you deserve. Reach out to our expert law team today.

Avoid Denver Truck Accidents with Defensive Driving Techniques

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When navigating roads packed with semi-trucks, it’s necessary to apply caution and defensive driving techniques to ensure your safety.

According to the Denver Post, truck crashes are killing more people than they were a decade ago. After the infamous devastating and explosive Denver truck accident on I-70 in April, there is no hiding from this troubling reality.

Throughout the United States, there has been a rise in fatal crashes involving large trucks. According to the National Highway Traffic Safety Administration, there has been a 42 percent increase in such incidents from 2009 to 2017.

In Colorado, those numbers don’t look any better.

Actually, they look worse.

In 2009, there were 35 fatal crashes. In 2017, 87 people died in 80 fatal Denver truck accidents.

Driver error is the predominant factor in most crashes. However, those making errors aren’t just truckers. In fact, it’s more often the fault of drivers in surrounding vehicles due to driving under the influence of alcohol or drugs, driving recklessly, or smartphone distractions. Sadly, when distracted drivers inadvertently tangle with semi-trucks, the damage is amplified.

“We hold this industry to a higher standard for safety, and we agree with that — we should, because we recognize there’s a higher consequence for accidents,” says Greg Fulton, the president of the Colorado Motor Carriers Association.

In the US, there are roughly 12 million registered trucks with a gross vehicle weight rating of more than 10,000 pounds. And, that’s before they’re loaded up with cargo.

Though there might not always be a way to safely avoid a Denver truck accident, reviewing some essential defensive driving tips could save your life and the lives of your loved ones.

And, when such tactics still don’t keep you out of the way of a semi-truck, having the right car accident lawyer could make all the difference when it comes to your settlement.

The Worst Denver Truck Accidents

It’s hard to examine the tragedy caused by Denver truck accidents. There is the communal tragedy, and there is the personal tragedy.

By default, the news looks at how many people were killed and how many people were injured. Though such criteria for these events downplays the impacts any accident can have on a person and a family, it does highlight how frightening and dangerous the roads in Colorado can be.

Four Killed in Fiery Pileup

The deadliest Denver truck accident in recent history was the fiery pileup that killed four people and injured six on I-70.

On April 25, 2019, a semi-truck plowed into a traffic jam near Colorado Mills Parkway at 85 miles per hour. The accident entangled 24 cars and four semi-trucks. The driver Rogel Lazaro Aguilera-Mederos, 23, was charged with 35 felonies for his role in the collision, including four counts of vehicular homicide.

Police have stated that there is no evidence of drugs or alcohol in Aguilera-Mederos system at the time of the crash. Investigators are attempting to determine if any mechanical problems prevented Aguilera-Mederos from safely stopping the vehicle.

Mother and Son Killed

In October 2019, a mother and her baby boy were killed on their way to visit an aquarium. The sedan they were driving collided with a semi-truck on Weld County Road 74.

According to someone who arrived at the scene immediately after the accident, the truck driver told him that the sedan of 20-year-old Adrianna Lyzette Lopez Varela crossed the center of the road, allegedly making the collision unavoidable.

Dump Truck Involved in Fatal Crash

Not all big-truck fatalities in Colorado involve semi-trucks. In Weld County, one person was killed and three injured in a three-vehicle crash that included a dump truck.

The October 23 tragedy occurred on Highway 85 and Weld County Road 6, about four miles south of Fort Lupton.

3 Defensive Driving Tips to Avoid Denver Truck Accidents

Truck drivers — especially those just learning the ropes in Colorado — are trained to drive defensively and brake effectively. Though that might not always be the case, it is at least a cornerstone of their profession.

Most others on the road are less trained to drive their vehicles defensively and safely. However, you don’t have to be one of them.

There are safety driving courses you can take to improve your chances of avoiding a fatal or debilitating Denver truck accident when you’re behind the wheel. Though, in reality, by following a handful of defensive driving tips, you can improve your chances of reacting optimally to a potentially dangerous situation on the road.

#1: Slow Down

One of the most important defensive driving techniques is slowing down. Getting someplace late is much better than never getting there at all. In 2018, speeding killed 9,378 people, according to the National Highway Traffic Safety Administration.

Not only is speeding against the law, but increased speeds also increase the amount of time you have to stop and the amount of time you have to react to a dangerous situation. As long as you are going the speed limit, sticking to the flow of traffic, and allowing plenty of buffer space between you and the car ahead of you, you can help prevent accidents.

#2: Focus on the Road

Driving while distracted led to 3,166 deaths in 2017, making it another major killer on American roads and a contributor to Denver truck accidents. Distracted driving includes everything from messing with your navigation system and drinking a coffee to texting or talking on your phone. Basically, it’s anything that pulls your attention away from the road.

According to the NHTSA, the most alarming distraction is texting, as reading or sending a text means taking your eyes off the road for about 5 seconds.

“At 55 mph, that’s like driving the length of an entire football field with your eyes closed,” the NHTSA states.

#3: Expect Other Drivers to Make Mistakes

Expecting other drivers to mess up is the heart of defensive driving. When you are expecting other drivers to make mistakes, you will instinctively start to brake sooner and create safer buffers around your vehicle.

Along these same lines, when in doubt, you should yield. By yielding in questionable situations, you ensure your safety and the safety of the passengers rather than hoping that the other driver doesn’t make a mistake and hit you in an intersection.

Final Thoughts: Avoid Denver Truck Accidents with Defensive Driving Techniques

Of course, if you’re sitting in a traffic jam on I-70 waiting for your turn to move forward while a semi-truck is barreling downhill at 85 mph at you, there’s nothing you can do. Tragically, some Denver truck crashes are unavoidable.

If you find yourself a victim of a truck accident or any accident, having a top Denver car accident attorney is essential to ensure you are fairly compensated. Manning Law not only specializes in vehicle accident law, but specializes in car, motorcycle, and truck accidents.

Contact us today for a free consultation!

Recent, Tragic Car Crashes Happening on the Streets of Denver

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Those traveling on Colorado roads, especially Denver interstates, are no strangers to horrific accidents.

 

From winter conditions to drunk drivers and people simply headed the wrong direction, Denver car accidents can happen. And when they do, the results can be devastating.

 

According to the Denver Post, a total of 615 people died on the roads in 2017 by December 26 that year. The number of road deaths in Colorado in 2017 surpassed the total of 2016, which saw the most in over a decade. More than 600 people died on Colorado’s roadways in 2016, according to statistics gathered by state transportation officials, that number was up about 11 percent from 2015.

 

Some of the most devastating Denver car accidents involved snowy conditions, wildlife, drunk drivers, or reckless drivers.

3 Without Seatbelts Killed in Crash with Bear

In September last year, a child, a teenager, and their grandfather were killed after the SUV they were in collided with a 300-pound bear on I-70.

 

Colorado State Patrol say that all seven people were ejected from the vehicle after it hit the bear, as none of them were wearing seatbelts. After striking and killing the bear, the SUV rolled into oncoming traffic.

 

“Unfortunately, we see accidents like this across Colorado,” Mike Porras with Colorado Parks and Wildlife told CBS Denver.

 

Safety tip: In Colorado, adults sitting in the front seats must wear seatbelts, while those in the back do not have to—though for safety reasons you should anyway. However, all minors are required to wear a seatbelt no matter where they are sitting in the car.

3 Killed in Christmas Crash

The Denver Post reported that three people were killed on Christmas Day last year after colliding with a vehicle being driven the wrong direction down I-70.

 

A minivan headed west in the eastbound lane collided with a truck. Both people in the minivan were killed. The passenger in the truck, who was not wearing a seatbelt, was also killed.

Police Suspect Alcohol Played Role in Double Fatality

A 39-year-old man is accused of being at fault in a crash that left two dead. The man, Ernie Crawley, allegedly smelled of alcohol and was slurring his speech at the scene of the Denver car accident.

 

The crash occurred in the early hours of Sunday morning on eastbound I-70. According to The Denver Post, Crawley, is being held on suspicion of vehicular homicide.

 

Safety tip: Staying off the roads near or close to bar closing times on any day of the week, but especially on the holidays and weekends, can save your life.

 

Having a designated driver when you drink is, of course, absolutely necessary to protect yourself and others on the road. However, choosing to sleep at a friends place or a nearby hotel not because you’ve been drinking, but because you don’t know who on the road has been, could also save your life.

Crossing into Oncoming Traffic Kills Two

In July last year, two people were killed in a high-speed, five-vehicle crash on I-70.

 

A truck driven by Jeff Stumpf—who had made headlines for his 21-foot, 7,500-pound, cast-iron barbecue pit on wheels more than a decade earlier— crossed into oncoming traffic. The full-speed collusion set off a chain reaction, entangling five vehicles in the crash.

 

Several people were rushed to the hospital with minor injuries, several with major injuries. Two, including Stumpf, were killed in the accident.

Meth in Driver’s System

Three people were killed in a Denver car accident in September that was allegedly caused by a driver with meth in his system. Early reports of the seven-car accident on 61st Avenue and Ward Road, stated that the driver might have been drunk. However, investigators later determined that he had methamphetamine in his system.

Wrong-way Collision Kills Two

A great deal of fatal car crashes are caused by multiple elements. Police believe that Kimberly Rodriguez Roldan was under the influence of alcohol when she entered the closed southbound HOV lane on I-25, driving into oncoming traffic.

 

According to CBS Denver, the interstate HOV lanes switch between north and southbound depending on the time of day.

 

Roldan’s vehicle slammed into a vehicle carrying a family of four, killing two of them.

 

“It’s very tragic, very horrific, very emotional,” said Jessica Griffin, an eyewitness to the three-car wreck. “All of a sudden it (Roldan’s vehicle) stopped. And it started flying into the air and hit into the guardrail and went up into the air.”

104-Car Pileup in Snowy Conditions

Though there have been a number of pileups in Denver since 2014, the 104-car crash that injured 30 and left one dead should not be forgotten. This Denver car accident occurred when a band of heavy snow blew in white-out conditions on March 1, 2014.

 

“Literally it just whited out and I, my brakes weren’t stopping, and all of a sudden cars just started hitting everybody,” one woman in the accident told Denver 7 news.

 

Safety tip: To avoid finding yourself caught up in a high-speed, weather-triggered accident, such as this one, we recommend that you adjust your speed and distance from others cars significantly when the conditions worsen. Though little can be done when the weather changes so quickly, your best bet is to develop good habits when driving during the long winter.

Denver’s Most Dangerous Intersections

Though there isn’t much you can do to avoid drunk drivers when you’re going to be on the road late at night, you can protect yourself by being extra cautious when crossing one of Denver’s ten most crash-prone intersections.

 

With data compiled by the Denver Police Department, it was revealed that locations at or near exits I-25 and I-70 swept the to top ten most dangerous spots for Denver drivers at the beginning of 2017.

 

According to Westworld, the top spot was held by I-25 at Sixth Avenue, where there was an average crash rate of nearly one per day.

 

Other Denver intersections to make the list were:

 

  • I-70 at I-25
  • I-25 at 20th Street
  • I-70 at Northfield/Quebec
  • I-70 at Havana Street
  • I-25 at Santa Fe Drive
  • I-70 at Peoria Street
  • I-25 at Alameda Avenue
  • I-25 at 23rd Avenue
  • I-25 at Yale Avenue

Have You Been Caught Up in a Denver Car Accident? Manning Law Can Help

There are so many ways you can help to prevent being in a Denver car accident and so many ways you can mitigate the risks if you are. Regardless, accidents do happen.

 

In fact, according to data collected by Insurer Nationwide from its SmartRide telematics program, Colorado drivers are among the worst in the nation. That’s not to say any given person is necessarily a dangerous driver. However, every time you get in your car, you’re sharing the road with hundreds and hundreds of potentially dangerous people.

 

Should you find yourself in an accident in Denver, it’s imperative that you seek legal counsel from a Denver-area attorney. A local attorney will be able to provide guidance in terms of specific state ordinances, as well as Colorado’s unique set of personal injury laws.

 

With decades of combined Denver experiencing helping those in car accidents get compensated for injuries and related costs, Manning Law is there for you.

 

We know that you don’t expect to be in an accident—nobody does. However, if you are, we will take care of you, ensuring the process for legal action following the trauma is as pain-free as possible.

 

Manning Law knows how to help you win cases involving accidents in Denver. That means everything from a little fender bender to tragic cases of wrongful deaths.

 

Call us today at (720) 515-3191, and we’ll set up a free consultation.

Common Car Accident Injuries To Be Aware Of

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It’s no secret that car accidents cause injuries. And unfortunately, some of those injuries require treatment at an emergency care facility.

 

Most car accidents result in what’s referred to as “impact injuries”. This type of injury comes from slamming into part of the vehicle when hit by another car or an airborne object. Other common injuries include bruising, internal bleeding, and cuts or tears from broken glass or metal.

 

Here’s a look at some of the most common car accident injuries to be aware of—and why the doctor is often an ideal next stop after an accident.

Head and Brain Injuries

Some of the worst things that can happen in the aftermath of a car accident are brain injuries or head trauma.

 

Traumatic brain injuries are some of the most common, and ominous car accident injuries that can happen. Injuries include bruising or bleeding in the brain, skull fracture, concussion, and recurring traumatic brain injury.

 

Symptoms range from mild headaches and disorientation to full-blown brain damage. What’s scary about head injuries, is that they don’t usually leave any visible signs of damage. Often, the brain is rattled around inside the skull due to sudden movements at the time of impact. That impact may cause the brain to swell, bruise, or bleed—despite appearing normal.

 

Because brain damage can be permanent, you should always seek medical attention immediately after an accident. No matter how good you feel walking away from the scene, there’s still the risk of bruising or internal bleeding.

 

But head injuries can cause more than just brain damage. Some people lose or break teeth during the impact, and others will see things like jaw or cheekbone fractures.

Internal Bleeding

 

Another type of injury that can send shivers down your spine, internal bleeding is, unfortunately, a common outcome in car accidents.

 

Like brain injuries, internal injuries are not always visible. That said, internal damage to critical organs is still a possibility in the event of an accident. Again—you’ve got to see a doctor as soon as possible after an accident to make sure everything’s ok.

 

If you experience abdominal pain following an accident, get that checked out immediately. It could be a sign of internal bleeding. Other signs include dizziness and large bruises.

Neck Injuries

Neck injuries are another common injury. A neck injury includes mild forms of whiplash and strain, as well as injured discs and cervical dislocation.

 

The reason car accident injuries so often end in a neck injury of some kind is because the neck stretches and snaps back into place. When hit by an object or another vehicle, the car often stops suddenly, and as a result, can damage the spinal cord, ligaments, or discs in the neck and down the back.

 

In extreme cases, the victim may be paralyzed and can lose function or feeling in large sections of the body.

Back Injuries

Like neck injuries, back injuries frequently happen due to the snapping motion of the vertebrae, known as whiplash. Back injuries range quite a bit in terms of severity.

 

Whiplash is an injury that affects the soft tissue and causes damage when that tissue snaps due to sudden, rapid acceleration or motion.

 

Worst case scenario, broken or fractured backs can result in paralysis or death. If you’re experiencing pain of any kind following a car accident, you should seek medical attention in order to receive a proper diagnosis.

 

Less terrifying back injuries can still cause ongoing problems.

 

Many people experience pain in their muscles, nerves, and ligaments following a collision. Additionally, even mild instances of whiplash can cause ongoing headaches or a painful, albeit not super common, jaw condition known as temporomandibular joint dysfunction (TMJ).

Delayed Car Accident Injuries

Severe car accident injuries may result in some unexpected problems down the road. We’re talking chronic pain stemming from a past impact or emotional issues like depression or anxiety. Emotional distress could be a symptom of a brain injury or PTSD, so it’s important you keep tabs on your mental health as much as your physical.

 

Other delayed car accident injuries include back pain, numbness and tingling, headaches, dizziness, fainting, and neck and shoulder pain.

After a Car Accident Document Everything

As we’ve already mentioned, you need to go to the doctor as soon as you can after an accident. Most insurance companies recommend that you check in with a physician within 72 hours of the collision.

 

You probably know you should take pictures and record the extent of the damages done to your property, but you need to do the same for your person. Go to the doctor and be sure to list out everything that is causing you physical pain. The more information you can provide, the better chance you have to receive damages for any sustained injury.

 

Ongoing doctor visits may be required if you’re dealing with persistent low back pain or emotional trauma. At home, you should also be diligent about recording any changes you notice in your body—this is critical if you plan on filing a pain and suffering case. Some car accident injuries take some time to show up.

We’re Here to Help You Pick Up the Pieces from Car Accident Injuries

Have you recently been in a car accident? If so, it’s wise to speak to an attorney. Your insurance company isn’t looking out for your best interests and in many cases, won’t cover the full scope of medical expenses you need in order to get back on your feet following a traumatic event.

 

An experienced personal injury lawyer can help you learn whether you are owed enough money to cover your medical expenses or damage to your quality of life.

 

Manning Law can help you navigate the aftermath of an accident—from personal injuries to wrongful death and issues with bad faith insurance.

 

If you or a family member have been hurt in a car accident in Denver, CO, give us a call.

 

Accidents on I25: The Dangers & How to Plan a Safe Commute

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It’s no secret, I25 is a treacherous path for those in the Denver area. Dubbed the most dangerous stretch of highway in the Denver area, I25 poses a number of threats to drivers just trying to make it from point A to point B in one piece.

 

As a personal injury law firm, we’ve seen our fair share of accidents. Whether it’s because of the weather, the heavy traffic, or a lack of attention to road conditions ahead, Denver drivers need to proceed with caution on I25.

 

And in case you’ve missed the steady stream of reports of accidents on I25, here is a little background about our infamous freeway.

What Are the Dangers of Traveling on I25?

According to a recent report published by Denver’s 7NEWS, the stretch of highway spanning the area between Denver and Colorado Springs is the most dangerous section of freeway in the area.

 

Long plagued by congestion and poor road conditions, this 18-mile piece of road was the backdrop for over 5000 crashes between 2011 and 2015. And in 2009 alone, there were nearly 1000 accidents along this stretch of the highway.

 

Headline-making accidents on I25 have plagued the freeway since the late 1950s when the road was constructed. One notable accident from 1959 killed 17 cows and ended with an impromptu community barbecue. In 1985, a plane crashed on the freeway, killing the pilot.

 

In recent years we’ve seen everything from multi-car pile-ups to rollover accidents. In 2017, over 1700 crashes have occurred in just this one corridor.  A tanker fire back in June shut down the freeway for several hours.

 

The area, known as The Gap, is arguably the most dangerous part of highway in and around Denver. The freeway is one of the busiest corridors in the area and plans to widen the road are on the horizon. In the meantime, traffic has continued to become more congested, and after two patrol officers were killed, the state ramped up efforts to make a change. Construction aimed at widening the freeway is slated to begin in 2019.

 

Still, thousands of cars, trucks, and motorcycles make the trek through “The Gap” on a daily basis—the congestion and the sheer numbers naturally make this stretch of land especially dangerous. And with multi-tasking commuters and tourists traversing unfamiliar territory, drivers need to be on the lookout for hazards.

 

Below, we’ll outline how to stay safe on I25, and how to generally avoid a personal injury, wrongful death, or any other adverse outcome while traveling.

How to Plan Your Commute—Traveling Safely in the Denver Area

If you’re worried about traveling on I25, consider taking an alternative route to your destination. Plug your desired endpoint into smartphone apps like Waze or Google Maps and choose a different route when possible to avoid this particular freeway. Of course, switching things up isn’t always possible for those commuting to work, so pick your battles strategically.

 

If that’s the case, the website, COtrip can give you some insights into the current conditions on I25—whether that’s an update on traffic, weather, road work, and the average speed of other drivers. Knowing this information ahead of time can help you avoid treacherous conditions and be on the lookout for roadblocks, detours, and more.

 

While many people find themselves frustrated while sitting around on crowded stretches of freeway, it’s imperative that you keep a level head when passing through the so-called “Bermuda Triangle” of freeway accidents. Avoid yelling at fellow passengers or making obscene gestures or honking when agitated. Always wear a seatbelt and proceed slowly, and with caution in the event of inclement weather.

 

Additionally, minding the speed limits and being prepared for road conditions and construction can help you take on your commute with ease. Beyond staying informed, do be aware that distracted driving has been on the rise for quite some time. Keep your eyes on the road and pull over if you really need to answer that call, text, or email.

 

And speaking of “minding,” the Colorado Department of Transportation (CDOT) launched a new safety initiative to increase awareness for drivers regarding the rules of the road.

 

But, you can’t predict a safe arrival no matter how cautious you are. Accidents can happen, turn signals, cool heads, and unparalleled alertness can still lead to an unexpected collision.  

Have You Been in Accidents on I25? Manning Law Can Help

Unfortunately, you can take all these precautions and still find yourself in a sticky situation. Should you get in an accident on I25, it’s imperative that you seek legal counsel from a Denver-area attorney.

 

A local attorney can help you to navigate every part of your post-accident process: giving guidance in terms of the specific state ordinances that come into play, as well as Colorado’s unique set of personal injury laws.

 

Manning Law can help you get the assistance you need—making sure you’re compensated for your injuries and other related costs. We know that getting in a car accident is nothing anyone anticipates, and we aim to make the process for legal action following the trauma as pain-free as possible.

 

With decades of combined Denver car accident experience, Manning Law knows how to help you win those cases involving accidents on I25. That means everything from fender benders to wrongful deaths. Call us today at (720) 515-3191, and we’ll set up a free consultation.

A Quick Look At Driving Apps

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Smartphones are everywhere. Whether it’s playing a game, keeping up to date with news on the go or even getting some work done a smartphone can prove a helpful tool. It sure can seem like there’s an app for everything–even driving. Driving Apps have been made popular in part by gadgets offered up by insurance companies. Drivers who adopt tools like Progressive’s “Snapshot” are promised a rate more reflective of driving style in exchange for sharing data captured by a sensor attached to the vehicle with the insurance company. But driving apps can do more than just affect what you pay for insurance. Drivers are also using apps to help with maintenance by monitoring their car’s onboard computer. Some drivers even use dashboard cameras to capture short recordings that can be used in filing auto accident claims.

Maintenance Driving Apps

In the late 1980s, engineers from across the automotive industry got together to adopt a new set of standards for automotive computers. Overtime, onboard computers adopted a  common technology and programming language. This meant that it was now possible to collect information from the onboard computer via a serial port. In the vast majority of vehicles, this port is located somewhere underneath the steering wheel on the driver’s side of the car.

In recent years, a number of app developers have designed smartphone driving apps that communicate with a special code reader that connects to the onboard computer. Apps like Torque connect to your car’s computer and deliver updates to your smartphone. These sorts of driving apps can be helpful in identifying the source of a check engine light and monitoring performance of your vehicle on a long drive.

 

Insurance Driving Apps

Some insurance companies use a similar technology to maintenance tracking driving apps to evaluate your performance of a driver and recalculate the amount you pay accordingly. One such service is Progressive Snapshot. The service connects a code reader to a smartphone via bluetooth. A special app communicates key data points back to the insurance company. In theory, this empowers the insurance company to judge the type of driver you are based on information like your rate of speed and miles traveled.

While Progressive maintains a list of some of the most important metrics they factor into evaluating your performance, this is a new technology. As such, not every company may be as straightforward. In addition, some drivers report they get results from the program that aren’t expected. It might be a good idea to start tracking your driving with a maintenance app first. If you find your driving style is a fit with the metrics the insurance company cares about, a device like this might be a good idea for you.

Dashboard Camera Driving Apps

When you’re on the open road, anything could happen.

That’s why a number of drivers rely on dashboard cameras. While some drivers use standalone cameras like the GoPro Hero, there are actually a number of very popular driving apps.

AutoGuard Pro is one such app available on the Android Google Play Store. An app like this can make it easy to use a dashboard mounted phone to capture video of an accident or a particular important moment of a long drive.

The next generation of these apps include advanced features like augmented reality. RoadAR shows a feed of the camera that has various widgets with information on them superimposed on the screen. The features promise to make it easy to spot important information at a glance like traffic signs and road conditions for the trip ahead.

While driving apps are a new technology they are evolving very quickly, and they may look very different in the future.

 

Even though the tracking technology in some of these driving apps can help you get what you deserve after an auto accident, you should also remember the importance of striving to avoid being distracted by tech like cell phones while driving. This is particularly important with devices that report automatically or use social media, as these channels may be monitored by people who don’t always have your best interests at heart. At the same time, using the data these sorts of driving apps can prove beneficial to any personal injury lawyer you chose to work with to file an accident claim.