Colorado Legal Digest – August 2023 Newsletter

Aug 31, 2023

Congratulations to Our Attorneys for Winning Best Lawyers in America®

Five attorneys from Franklin D. Azar & Associates have been recognized by Best Lawyers in America, a prestigious legal publication that honors the top lawyers in the United States.

 

Natalie Brown

A senior attorney with over 33 years of experience in personal injury law. Natalie has been recognized by Best Lawyers in America every year since 2005.

 

DezaRae LaCrue

A senior attorney with 15 years of experience in personal injury and insurance bad faith litigation. This is DezaRae’s second year being recognized by Best Lawyers in America.

 

Matthew Gizzi

A senior attorney with 15 years of experience who works in claimant-side workers’ compensation law as an advocate for injured workers.

 

Ryan Hoover

A senior attorney with 9 years of legal experience and works in personal injury and claimant-side workers’ compensation law.

 

 

Bob Turner

A senior attorney with 50 years of legal experience and works in claimant-side workers’ compensation law. In 2002, he was honored with the Lansford F. Butler Award, given for outstanding service to the workers’ compensation bar.

 

 

Best Lawyers® is based on a peer-review methodology, which means that the attorneys are nominated and voted on by other lawyers in their field. This makes it one of the most respected legal rankings in the country. The recognition of these five attorneys is a testament to the hard work and dedication they have shown in representing their clients. They are all highly skilled and experienced lawyers who are committed to helping their clients get the justice they deserve.

 


 

Commercial Truck Accidents: What You Need to Know While Sharing The Road

Commercial Truck Accidents: What You Need to Know While Sharing The Road by Frank Azar, The Strong Arm

A Colorado 18-wheeler accident involving a passenger vehicle, such as a car, can be much, much worse than a typical accident. A fully loaded semi-truck can weigh 80,000 lbs. The average auto weighs about 3,000 pounds. The basic laws of physics say that an accident between two vehicles with such a tremendous size disparity is going to result in more serious and fatal car accident injuries. The danger from the size disparity in commercial truck accidents can be compounded by the kind of cargo the truck is carrying. Some commercial trucks carry flammable or otherwise dangerous materials that can cause secondary car accident injuries. If you’ve been injured in a commercial truck accident in Colorado you may be entitled to compensation for your injuries.

How is a Truck Accident Different?

In addition to the much greater potential for serious injury and death as the result of a car and truck accident, there are a number of special considerations that you and your Colorado auto injury attorney may need to take into account. A large commercial vehicle such as an 18-wheeler truck is prone to special types of accidents, such as jackknifing. The fact that a truck jackknifes, however, is not in itself proof of truck operator negligence, because there are many present in which there is no way to avoid jackknifing without risking some other form of catastrophe. Also, large commercial trucks make wide turns and can sometimes hit other drivers or parked cars. It’s not always clear, however, what constitutes negligence in these situations. An experienced Colorado truck accident attorney can navigate through these issues.

Additionally, commercial truck accidents may have more potential defendants than a normal auto accident injury case. In addition to the truck driver, trucking companies, contractors, employers, insurance companies, and in some cases the manufacturer of hazardous materials carried by the truck may also be liable. Liability, however, can be very complicated in these cases and dependent on a large number of variables. It’s important that you and your truck accident attorney identify as many potential defendants as possible.

As in any auto accident, it’s important to take the necessary steps to first protect you or your loved one’s health and safety, and then to protect your right to fair compensation for your truck accident injuries.

Steps to follow after a Car and Semi-Truck Accident:

  1. Move clear of debris and potentially hazardous materials
  2. Seek medical attention immediately.
  3. Act to protect your rights: Keep track of any police reports, medical bills and expenses, lost wages, and any other documents relevant to your car/truck accident case so that you can give them to your attorney
  4. Contact us — our experienced Colorado truck accident attorneys will fight to get you the compensation that you deserve.

 


 

Claim Or No Claim? Four Keys To Success In A Personal Injury Case

Claim Or No Claim? Four Keys To Success In A Personal Injury Case by Frank Azar, The Strong Arm

Sooner or later, most of us have had the experience of being involved in a car accident. In fact, insurance industry surveys indicate that three out of every four drivers on the road have been in at least one crash in their driving careers.

It’s not always clear what to do after an accident. You may be wondering whether it’s worth pursuing a personal injury claim, whether you should be talking to a lawyer, and so on. Here are four key factors to consider when you’re trying to figure out the appropriate course of action.

WHAT ARE YOUR DAMAGES?

Before making any decision about a possible personal injury claim, you should have a clear idea of the extent of your damages, including physical injuries and any property damage involved. It may not be worthwhile to pursue a claim for an incident in which no one was hurt. But you shouldn’t assume that you’re “fine” without a proper medical evaluation. It’s important to go to the emergency room immediately after an accident; some injuries may not be obvious, may not manifest symptoms right away, or might be detectable only with proper tests. In addition to getting a full medical evaluation, you should consult a personal injury attorney regarding the scope of damages that may be compensable, including lost wages, pain and suffering, and other claims.

WHO IS AT FAULT?

Determining liability in an accident is a necessary step in figuring out which driver might have to pay for any damages that occurred. Sometimes, the parties are in agreement about who’s at fault, but the question can be more complicated than it appears. A successful personal injury claim depends on being able to prove the other driver did something wrong. That proof may involve witness statements, physical evidence, a police investigation, expert testimony and more.

Colorado has a comparative negligence law, which means that a jury in a civil case may be asked to consider whether more than one person was at fault in the accident. Plaintiffs are not allowed to recover to the extent of their own negligence; for example, if you are found to be 10% responsible for the accident, your award of damages would be reduced by that amount. If a jury finds that you are 50% or more at fault, you recover nothing.

WHAT ACTIONS HAVE YOU TAKEN THAT HELP OR HURT YOUR CASE?

In highly disputed personal injury claims, the behavior of the parties following the accident can become an issue. Did you promptly seek medical attention? If not, the other side might contend that you didn’t suffer any injuries. Did you make statements to the other driver that could be construed as an admission of fault? What actions you have or haven’t taken since the crash can have a bearing on the outcome of your case.

HOW LONG AGO DID THE ACCIDENT OCCUR?

People sometimes wait months before filing a personal injury claim, or even years — not realizing that a clock called the statute of limitations is ticking away. In Colorado, the time limit for filing a personal injury lawsuit in most instances is two years; for car accidents, it’s three years. But if the defendant is the State of Colorado or some other governmental entity, the plaintiff has only 180 days to file a formal claim. As with all the other issues discussed above, it’s advisable to consult an experienced personal injury attorney before making critical decisions about filing your claim, so that you can protect your rights and get the compensation you deserve.

 


 

Meet Kat and learn about her Truck Accident Experience


 

The Car Accident Lawyers At FDAZAR

For more than thirty years the attorneys at Franklin D. Azar & Associates have helped thousands of injured people obtain complete and timely compensation for their losses. Our proven track record and expertise in serious injury cases have allowed us to grow into the largest personal-injury law firm in Colorado, with offices in Denver, Aurora, Thornton, Fort Collins, Greeley, Grand Junction, Colorado Springs, and Pueblo. If you’ve been injured in a bus, car, truck, or motorcycle accident, you may be entitled to compensation. Please call the car accident attorneys at FDAzar day or night at 800-716-9032, or contact us here for a free consultation and no-obligation evaluation of your case.


 

 

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