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Posts Tagged ‘personal injury attorney’

Pedestrian and Cyclists’ Accidents in Colorado: What You Should Know

Sunday, August 1st, 2010

With the number of cyclists increasing through programs like Bike to Work, Ride to Work Day and May 2011 becoming National Bike Month, drivers will see an increase of the number of cyclists on the road, not to mention the number of people now walking as an alternative means of transportation.

Boulder, CO has one of the largest tri-athlete communities in America. Hundreds of cyclists and runners frequent the roadways daily there and throughout the Front Range of the Rockies. Trendier ways such as skateboards, rollerblades and scooters are also becoming more prominent means of transportation for today’s youth, not to mention motorcycles. These people have rights too!

Today there are many drivers that become distracted by cell phones, radios, fast food, etc. that it becomes ever more difficult to be a good defensive driver as well as being aware of pedestrians and cyclists. The lack of awareness is growing. If you or someone you know have fallen victim to one of these crimes and you are reading this now, you have taken the right step to protecting your rights.

Often times, vehicles on the roads and highways feel they are in the right because of the size of their vehicle. Hummers and oversized SUVs tend to rule the streets with a “Get Out of My Way” approach to driving. Violations of these rights can and will result in legal action, if you have the right representation! And the government is on board…

Many times, the problem lies in the lack of previsions for pedestrians such as proper crosswalks with hand signaling lights and sounds for all people, proper space provisions on roadways and proper education for all drivers. However, the Department of Transportation is now including cyclists and their needs into the development and designs of federally funded projects.

As of March 2010, the Department of Transportation no longer considers the automobile as the autonomous ruling aspect on America’s roads. Transportation Secretary Ray LaHood says on his blog that the needs of pedestrians and cyclists will be considered along with those of motorists, and he makes it clear that walking and riding are “an important component for livable communities.” He also states, “This is the end of favoring motorized transportation at the expense of non-motorized.”

Beyond making it easier for cyclists and pedestrians to get around, the DOTs new $500 billion project is intended to make it safer for them to get around. A report released by Transportation for America and the Surface Transportation Policy Partnership found more than 43,000 pedestrians nationwide have died this decade due to what the authors say are inadequate crosswalks and safety features for pedestrians. Some feel the roads aren’t safe for pedestrians, bicyclists or people with disabilities.

Pedestrians are nearly always awarded the right of way in Colorado unless, for example, leaving the curb or a safe place, entering the path of a moving vehicle and causing immediate danger.

Some of the revised Colorado Statutes on this topic can be found here:

http://www.nmts.org/laws/coloradoBikelaw.html

Seriously injured victims struck by careless drivers through pedestrian injury accidents and bicycle accidents will be held responsible for their actions. Don’t be a victim, take action and contact an experienced Colorado personal injury attorney today!

Preserving Evidence of Your Personal Injury

Thursday, February 25th, 2010

If you are involved in an accident or injury in Colorado, preserving any physical evidence of the incident and your injuries can support your position in any legal claim you may decide to pursue. It is important to do this as soon as possible after the incident, because circumstances can change quickly: accident scenes can be altered, memory can become unreliable, and evidence can be overlooked or misplaced over time.

Though it may be the last thing on your mind right after a traumatic experience, collecting and preserving evidence of your personal injury could be very beneficial should you decide to pursue legal action. Your attorney will be able to use the evidence you collect to help. If you are unable to collect evidence yourself, ask a friend or a loved one to do so for you! Preserving evidence of your accident or injury is one of the most important things you can do to protect your rights.

The first step to take in protecting evidence of your injury is to make sure that physical items are preserved, including torn clothing, broken equipment, and any documents. Here are some steps to take after some common injuries:

Auto Accidents: After a car accident, take photos of the scene, your injuries, and any property damage. In addition, get copies of all medical records pertaining to your treatment after the accident, keep copies of property damage estimates and repairs records, and obtain a copy of any police report that is made.

Defective Consumer Products: If you are injured by a faulty product, be sure to preserve the product in the same condition that it was in when the incident occurred. Keep all written instructions, warnings, labels, and packaging that accompanied the item. If you can, try to locate the original sales receipt for the item. If you cannot find the receipt in your own personal records, ask the seller if they have a copy.

Medical Malpractice: In a medical malpractice or birth injury case, keep or obtain copies of all medical records that pertain to the medical treatment at issue, as well as those related to any second or third opinions obtained from other health care providers. Also, in cases where a physical injury is visible, be sure to take photos that depict any evidence of potentially improper medical treatment.

Take Pictures! Remember that preserving physical evidence itself may not always be possible in every case involving an accident or injury. In these situations, your best option is to take clear and detailed photographs of the area where the injury occurred, from multiple angles, and ideally under the same conditions.

Should I Contact An Attorney? If you’ve been injured as the result of someone else’s carelessness in Colorado should contact an experienced attorney as soon as possible. An attorney can protect your rights and get you the fair compensation that you deserve. Get treatment for your injuries, collect evidence, take pictures, and contact a Colorado personal injury attorney right away.

Am I Entitled to Monetary Compensation for Accidents and Injuries?

Tuesday, February 16th, 2010

If you have been the victim of an accident or injury in Colorado, you may be entitled to receive economic recovery from those who are at fault. What you can recover will depend upon the kind of damages you experienced because of the accident or injury — both during and after the incident.

Here are some types of accidents and injuries for which you may be able to take legal action to monetary compensation for damages in Colorado. Remember that an experienced attorney will explain your options, and will work to ensure that you receive all compensation to which you are entitled.

  • Disfigurement: When an accident or injury has left a person deformed or disfigured by scars or other permanent effects on personal appearance, the injured person may be able to collect damages for any mental suffering that arises due to the disfigurement
  • Future Medical Expenses: If the plaintiff proves that he or she will need continued medical care as a result of the accident or injury
  • General Damages: Compensation for harm that results from wrongful conduct, such as physical and mental pain, and loss of enjoyment of life after an accident or injury
  • Household Services: The cost of hiring somebody to do things around the house while a person is recuperating from an accident or injury, provided that the expense would not have been incurred had the plaintiff not been injured
  • Loss of Consortium: Deprivation of the benefits of married life after an accident or injury: including affection, solace, comfort, companionship, society, help and assistance, and sexual relations between spouses.
  • Loss of Consortium of a Child: Parents may be able to recover damages when their child is injured, and the injuries are severe enough that they interfere with the normal relationship between parents and their children
  • Loss of Enjoyment of Life: A diminished ability to enjoy the day-to-day pleasures of life, “loss of enjoyment.”
  • Loss of Society and Companionship: In wrongful death cases, loss of society and companionship damages represent the benefits from the love, comfort, companionship, and closeness that a person and his or her family would have enjoyed had the person lived
  • Lost Earning Capacity: After an accident or injury, these damages may be recovered if a person proves that his or her ability to earn money in the future has been impaired or diminished by the injuries
  • Lost Wages: These damages represent the amount of money a person would have earned from the time of the injury to the date of settlement or judgment
  • Medical Expenses: Bills and expenses for medical services such as doctors, hospital stays, emergency room treatment, ambulance fees, and nursing services
  • Medical Surveillance: The cost of monitoring a person’s medical condition after the person was exposed to a hazardous substance, so that any illness or injury might be detected early
  • Mental Anguish: Any mental suffering or emotional distress associated with an accident or injury, including fright, terror, apprehension, nervousness, anxiety, worry, humiliation, mortification, feeling of lost dignity, embarrassment, grief, and shock
  • Pain and Suffering: An award for past and future physical pain in connection with an accident or injury
  • Permanent Disability: These damages are proved by medical testimony, and ordinarily a doctor must examine a plaintiff claiming permanent disability.
  • Present Cash Value: The current value of projected future earnings: the amount that, if invested wisely, will over time produce the amount a person would have earned had he or she not been injured

About Frank D. Azar & Assoc.

From its inception 1987, Franklin D. Azar & Associates, P.C. has concentrated in cases involving personal injuries.

In recent years, we have also begun representing persons in a variety of class action lawsuits, ranging from victims of defective and dangerous products to employees who are not receiving full payment for their work from their employers. We currently maintain offices in Denver, Colorado Springs, Pueblo, and Trinidad, Colorado.

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