McDivitt Law Firm | Injury Law Blog

May

Two Head-On Colorado Car Crashes Occur in Glenwood Springs

May 24, 2013

A woman was killed and three others were seriously injured in a head-on Colorado Car Crash earlier this week. Sources say the collision was the second fatal accident of its kind in the area within the last two months.

According to a story from Colorado’s 9 News, the incident occurred on Wednesday inside of a construction zone along Interstate-70, near the town of Glenwood Springs. A spokesperson with the Colorado State Patrol explained that a tractor-trailer and a car slammed into one another when one of the vehicles traveled the wrong direction on the highway. The driver died at the scene, while two adults and a child sustained serious injuries. Paramedics took the victims to a local trauma center to receive care for their wounds.

This wasn’t the first construction zone crash in the region lately. In April, another head-on collision between a big rig and a car occurred in a construction zone approximately two miles from the site of the most recent collision. A test result showed the driver of the car involved had a blood-alcohol level was three times the legal limit.

The Denver Injury Attorneys with McDivitt Law Firm points out that with Memorial Day weekend beginning today, many may be tempted to drink and drive. The firm asks citizens to refrain from getting behind the wheel if they have consumed any amount of alcohol.

May

Colorado Truck Accident Leaves Two People Seriously Injured

May 22, 2013

Two people were seriously injured in a Colorado Truck Accident earlier this month. Reports indicate that the crash occurred on Wednesday, May 1, along Highway 50 near the town of Lamar, Colorado.

According to an article published in The Prowers Journal, the 30-year-old driver of a 2013 International tractor-trailer was traveling eastbound behind a tow truck hauling a horse trailer being driven by a local man. As the driver of the tow truck began to slow down to make a right turn into a gas station, the driver of the tractor-trailer failed to slow her vehicle. The semi-truck then plowed into the rear of the horse trailer.

The impact of the collision crushed the front end of the tractor-trailer, trapping both the driver and a passenger inside the wreckage. First responders then had to extricate the two motorists from the wreckage before transporting them to a local trauma center in order to receive further treatment. The driver of the tow truck was uninjured in the ordeal.

The Colorado Personal Injury Lawyers with McDivitt Law Firm are aware of how devastating an accident involving a tractor-trailer can be for those involved. The firm may be able to help if you have been injured in such a collision.

May

FDA Announces Recall of Stryker ShapeMatch Cutting Guides

May 20, 2013

The U.S. Food and Drug Administration (FDA) has partnered with medical device manufacturer, Stryker Corp. in initiating a recall on the company’s ShapeMatch Cutting Guides. Reports indicate the product was deemed a defective medical device after the agency received reports that its use could result in botched surgeries.

An FDA Press Release stated the devices are used to help surgeons determine the positioning of a certain line of the company’s orthopedic knee replacement products. They are also used to mark where bones should be cut during knee replacement procedures.

The problem with the device is that its manufacturer may not have considered the standard preoperative planning procedures followed by surgeons. The use of the device during a surgical procedure could potentially lead to mistakes that result in knee replacement units not functioning properly.

Those who believe their knee replacement surgery has been affected by the use of this product have been instructed to contact their surgeon.

This is not the first recall the company has faced. For several years, cases involving the Stryker® Hip Implant Recall have been moving through court systems across the nation. In fact, decisions in favor of plaintiffs have been reached in several cases.

The Colorado Personal Injury Lawyers with McDivitt Law Firm encourage anyone who has been harmed through the use of a defective medical device to discuss his or her legal rights with an attorney.

May

Distracted Driving Safety Course Coming to Stapleton

May 16, 2013

Distracted driving is a problem on today’s roadways, but teens are especially prone to its risks. In fact, studies show distracted driving is 23 times more dangerous that drinking and driving. Furthermore, a total of 40 percent of teens reported being in a vehicle when a driver’s distraction put them at risk of being in an accident.

Most experts attribute teens’ higher risk of distracted driving accidents to their lack of experience behind the wheel. In an effort to help prevent Colorado Distracted Driving Accidents involving teens, the Toyota Motor Company will be holding a program at the Bass Pro Shop in Stapleton, Colorado, called the “Driving Expectations Distracted Driving Course”.

According to a story form Colorado’s 9 News, participants will be asked to maneuver a vehicle through a track of cones and obstacles, all while operating a handheld device. The course is designed to show drivers just how difficult it is to properly maneuver a vehicle while texting or talking on a phone. This allows teens to experience these risks in a closed environment with professional instructors on hand to ensure safety at all times.

The Colorado Personal Injury Lawyers with McDivitt Law Firm recognize just how dangerous distracted driving can be. That’s why the firm suggests anyone with free time over Memorial Day weekend participate in the program.

May

Lower Blood Alcohol Limits Suggested to Reduce Drunken Driving

May 15, 2013

Controversy is swirling after the National Transportation Safety Board (NTSB) suggested yesterday that the legal blood alcohol limit for drivers should be lowered.

According to CBS-Denver, reports indicate officials with the NTSB have called for every state in the nation to lower the legal blood alcohol limit from .08 percent to .05 percent. Data has shown that under the proposed limits a woman who weighs less than 120 pounds could reach the .05 limit after consuming just one drink of alcohol. A man weighing no more than 160 pounds could also be considered legally intoxicated after less than two drinks.

Supporters of the law here in Colorado say lowering the limit could significantly reduce the number of Colorado Drunk Driving Accident Injuries and fatalities. However, opponents of the law say the state already has a .05 limit in place, even though it is not like the per se limit that is needed in order to charge a motorist with driving under the influence.

All parties agree that a conversation on how to reduce behaviors like drunk driving should take place.

The Colorado Personal Injury Lawyers with McDivitt Law Firm are optimistic that the announcement will help to bring more awareness to the problem of drunk driving. Furthermore, the firm is hopeful this awareness will encourage motorists in Colorado not to drink and drive!

May

CDOT Releases Video Showing Risks of Colorado Motorcycle Accidents

May 13, 2013

With weather beginning to warm across Colorado, motorists can expect to see more motorcycles on the highway. A higher volume of motorcycles also means an increased number of Colorado Motorcycle Accidents. In fact, one doctor stated he sees as many as 600 victims of these collisions each year.

To help reduce the number of motorcycle crash victims, the Colorado Department of Transportation has released a video aimed at educating the public about the damage an accident can cause and how motorcyclists can better protect themselves by utilizing the proper equipment.

According to an article from Colorado’s 9 News, the video depicts a man covered in special effects makeup to how the damage that can be caused to the victim of a motorcycle accident not wearing proper safety gear. Typical injuries can include burns, broken bones, and deep lacerations.

The images leave many riders wondering what kind of protective gear is needed when riding. The essentials include a helmet and eye protection. Thick gloves, a sturdy leather jacket, and heavy leather boots also have been proven to help reduce the chances of suffering severe injuries.

The Colorado Personal Injury Lawyers with McDivitt Law Firm recognize the importance of being properly equipped if an individual is going to ride a motorcycle. The firm encourages each rider to always wear the appropriate safety gear when on the road!

May

$3.8 Million of Listeria Outbreak Settlement Released to Victims

May 10, 2013

As part of the settlement of 61 Colorado Wrongful Death and personal injury lawsuits filed against a produce farm near Grenada, a federal judge released $3.8 million to be distributed among the victims.

The suits stem from an outbreak of Listeria at the farm that quickly spread and contaminated cantaloupes distributed across the nation. As a result, hundreds of people became violently ill and dozens died.

An investigation into the outbreak cited a lack of sterile conditions as a contributing factor. Furthermore, investigators found the farm did not have enough policies and procedures in place to ensure clean conditions. Several oversights in inspection processes were also noted.

Many of those who were sickened by the contaminated fruit filed suit against the farm, claiming the farm’s negligence was directly responsible for their conditions.

A story from The Pueblo Chieftain reported that the courts agreed with the victims and a federal judge released a portion of the award to the victims. The cash was from a trust held as part of the farm’s bankruptcy proceedings.

Some victims may seek more compensation from the farm’s sister company and a lab contracted to test the fruit for safety.

The Denver Personal Injury Lawyers at McDivitt Law Firm know the devastation caused by the outbreak. That’s why the firm hopes the decision will bring some closure to the victims and their families.

May

Colorado Lawmakers Advance Marijuana DUI Bill

May 8, 2013

Colorado recently legalized marijuana for recreational use, and a hot topic of debate has been how to determine when a person is “too high to drive” and at risk of causing a Colorado Car Accident. A definition was one step closer to being established earlier this week when lawmakers passed House Bill 1325.

9 News reports the Senate approved the bill that establishes a 5-nanogram per milliliter of blood limit on the amount of Tetrahydrocannabinol (THC) a person can have in their system when behind the wheel of a car. THC is the ingredient in marijuana that is responsible for intoxication.

A driver who is caught in violation of the law can be charged with driving under the influence.

Those in favor of the bill say a standard is needed in order to keep motorists safe from the dangers of intoxicated drivers. Those opposed to the law claimed the blood limit may not be a fair way to determine a person’s intoxication because of how slow the drug breaks down in the body.

The law is similar to limits set in the state of Washington, which is the only other state where the drug has been legalized.

The law is now being sent to the desk of the Governor, who is expected to sign the bill into law.

The Colorado Personal Injury Lawyers with the McDivitt Law Firm hope the law is effective in keeping intoxicated drivers off the state’s roadways.

May

VA Not Giving Bonuses to Top Executives This Year

May 6, 2013

With hundreds of thousands of Veterans returning from duty overseas in Iraq and Afghanistan in need of Veterans’ Disability Benefits, the number of backlogged claims awaiting a decision has grown. Records show that the number of pending claims skyrocketed in 2011 from 200,000 to 500,000.

As a result, an article from NOCO 5 News stated that the Department of Veterans’ Affairs (VA) announced it will not be awarding performance bonuses to its top executives this year. The last time bonuses were given to top VA employees in 2011, they received more than $2.8 million in extra pay.

Officials stated the move was being made because it wasn’t fair to reward employees who were not performing as expected. A spokesperson for the VA, Josh Taylor, explained that the money saved by not awarding bonuses this year would be used to help reduce the number of backlogged claims. However, no specifics were given on how the money would be used to achieve this goal.

The announcement comes on the heels of new regulations being put into place on how bonuses are issued to VA executives. The new rules also reduced the amount of money the VA’s highest-ranking employees would receive through bonus programs.

The Colorado Personal Injury Lawyers with McDivitt Law Firm are hopeful the decision will be effective in expediting the process of getting disabled veterans the help they deserve.

May

Suspected Drunk Driver Accused of Causing Colorado Car Accident

May 3, 2013

Drunk driving is a serious problem in Colorado today. In fact, data from the non-profit organization Mothers Against Drunk Driving shows that a total of 161 lives were lost as a result of Colorado Drunk Driving Accidents in 2011 alone. These fatalities accounted for 36 percent of all traffic related deaths that year.

More recently though, A suspected drunk driver was responsible for causing a crash in Colorado Springs that let himself and two other people seriously injured. According to KKTV 11 News, the collision occurred on Friday, April 26^th, at around 5 p.m., near the intersection of Platte Avenue and Chelton Road.

Reports say the suspected intoxicated driver was heading west along Chelton in a white pickup truck when he failed to come to a halt at a red light at the intersection with Platte. The failure to stop resulted in the truck plowing into the rear end of other vehicles in the road.

The impact of the collision left the driver of the truck and two others seriously injured. Paramedics were called to the scene and rushed the trio to a local hospital for treatment.

An investigation into the crash remains ongoing.

The Colorado Personal Injury Lawyers with McDivitt Law Firm urge all motorists to never get behind the wheel of a vehicle after consuming anything that could inhibit a driver’s ability to make sound judgments.

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