McDivitt Law Firm | Injury Law Blog

Apr

Motorcycle Safety Becomes a Priority as Weather Warms

April 24, 2013

Colorado experienced a bitter winter, and many of the state’s motorcyclists are anxious to get their bikes back out on the road. With the volume of motorcycles set to spike, the number of Colorado Motorcycle Accidents is expected to rise as well. However, motorcyclists and motorists can decrease their chance of a crash by following a few simple safety tips.

For motorcyclists, the first and most important thing to remember is to wear a helmet at all times! Wearing eye protection, heavy gloves, a sturdy jacket, and high-rise boots can also prove beneficial.

Once a rider has all the necessary safety equipment, it’s vital that motorcyclists gain some experience riding before taking a bike on the street. In an effort to help educate riders, the Colorado Department of Transportation sponsors a campaign called “Live To Ride”. The program offers a training course that teaches safe riding practices at a minimum cost to attendees.

One of the most common reasons given for accidents involving motorcycles is that a motorist simply did not see the bike. That’s why it is so important for vehicle operators to always take a second glance before changing lanes or pulling into traffic. They should also eliminate noise and distraction inside the vehicle.

The Denver Personal Injury Lawyers with McDivitt Law Firm are hopeful these tips will help keep everyone safe on the roads!

Apr

VA Announces Plan to Process Older Veterans’ Disability Claims

April 22, 2013

Each day, the number of soldiers seeking Colorado Veterans’ Disability Benefits continues to grow. There are currently 900,000 U.S. veterans awaiting an approval or denial of their claim. An estimated 250,000 veterans have waited more than a year for the decision to be made.

Finding a solution to the backlog of claims has become a hot topic of debate among government officials. However, a decision was recently announced that should help ease the swelling number of cases.

A story from KOAA News explained the Department of Veteran Affairs has a goal of processing each claim for benefits within 125 days. In recent years though, the agency has averaged 262 days to process a claim. In an effort get approvals for veterans who have waited more than a year for a decision, the agency will focus on processing their claims before any others.

Decisions in these cases will be made within the next several months.

While this may sound like a step forward, it may do very little to speed the claims process along for many veterans. The move may create a cycle in which the newest claims are put into a holding pattern. Numbers show a high likelihood that many of the older claims now scheduled for processing may simply be denied as well.

The Denver Personal Injury Lawyers with McDivitt Law Firm may be able to help if you are considering applying for benefits.

Apr

Judge Rules Not To Dismiss Colorado Wrongful Death Lawsuits

April 19, 2013

A judge in federal court ruled earlier this week that he would not dismiss several Colorado Wrongful Death Lawsuits that have been filed against Cinemark USA. The company owns the theatre in Aurora, Colorado, where a mass shooting occurred this past July that claimed dozens of lives and left 70 others injured.

A story published in a recent issue of the Denver Post explains the decision was reached in a total of 10 cases. While U.S. District Judge R. Brooke Jackson ruled to dismiss claims of negligence that were made, he allowed the lawsuits to move forward based on claims of wrongful death and an interpretation of the Colorado Premises Liability Act. The law requires that landowners to ensure the safety of those who come on to their property.

Jackson stated that the wrongful death claims could be considered valid under the Act and should, therefore, not be thrown out. The ruling comes on the heels of a similar decision that was reached by U.S. Magistrate Judge, Michael Hegarty, this past January.

The lawsuits have asked that the plaintiffs be fully compensated for damages incurred as a result of the shooting.

The Denver Personal Injury Lawyers with the McDivitt Law Firm recognize the difficulties that can be associated with the loss of a loved one. The firm hopes a decision in the cases will bring a sense of closure to the tragedy for the victims and their families.

Apr

Law Enforcement Numbers Plummet as Colorado Car Accidents Increase

April 17, 2013

Data from the Colorado State Patrol shows that the number of Colorado Car Accidents increased during the last two years, but enforcement by troopers has decreased. An article from KUNC News discusses the cause of the fluctuations and what state officials are doing to solve the problem.

Data indicates that in 2010, a total of 439 people were killed as the result of motor vehicle collisions in Colorado. This established a low in a nine-year trend of decreases in the number of these crashes. The following year though, an additional seven lives were claimed on the state’s highways, mounting a total of 446 deaths for the year. Last year saw an even larger increase, with the number of accident fatalities swelling to 468.

During the two-year period when fatalities rose, troopers issued fewer citation and made less arrests than in previous years. Research shows drunk driving arrests dropped by as much as 21 percent during the two-year period, while the number of speeding tickets declined by around 17 percent.

Many believe the changes can be attributed to a move away from targeted, numbers-driven law enforcement goals to a focus on broader strategies.

The Colorado Personal Injury Attorneys with McDivitt Law Firm would encourage motorists to be extra vigilant of their surroundings when on the road. Also, be sure to take appropriate safety measures, such as always buckling up and obeying the posted speed limit.

Apr

Are Older Workers More Prone to Injuries in Work Accidents?

April 15, 2013

Construction accidents are one of the most common reasons for an individual to apply for Workers’ Compensation Benefits in Colorado. The sheer volume of claims generated by the industry leaves many wondering if age contributes to the chances of a worker being injured or killed while on-the-job.

An article in the Engineering News-Record claimed research showed that while older workers are less likely than younger employees to be involved in workplace accidents, they are more likely to die if they are involved in such an incident. The construction industry as a whole saw a rise in serious workplace accidents between 2011 and 2012. The highest increases were among workers who were 50 to 54-years-old. This age demographic saw a roughly 20 percent increase while accident rates among 25 to 29-year-old workers actually dropped.

While older workers are less likely to be the victims of on-the-job accidents, researchers concluded they present a greater liability to employers. The costs associated with older worker’s injuries tended to be much higher than that of younger workers. Older employees also required longer recovery and rehabilitation times.

Older workers may be more prone to develop chronic musculoskeletal disorders over time as well.

The McDivitt Law Firm recognizes how devastating a work-related injury can be. Their team of Colorado Personal Injury Lawyers may be able to help if a person has been hurt in an on-the-job accident that occurred at no fault of their own.

Apr

Colorado Accident Victim’s Parents Plea with Motorists to Put Phones Down

April 12, 2013

Last week, a 22-year-old man from Greeley was killed as the result of a Colorado Distracted Driving Accident. Now, his parents are hoping to prevent similar crashes from occurring by releasing their son’s final text message and discussing in a public forum how the crash has affected numerous lives.

An article from Colorado’s 9 News stated the fatal incident occurred just after 5:15 p.m. on April 3 as the victim traveled eastbound in his vehicle along O Street. Witnesses say the victim’s head was down as he veered into the oncoming lane of traffic. Investigators believe that when the man looked up while responding to a text message he had received, he over-corrected his steering. The caused the vehicle to roll several times before coming to rest. The impact claimed the young man’s life.

The victim’s parents publicly released their son’s final text message earlier this week along with a plea to motorists to pledge never to use a cellphone while driving. They added, the short time an individual’s eyes are off the road can lead to accidents that not only drastically affect the distracted driver’s life, but also the lives of family members and other motorists as well.

The Denver Personal Injury Attorneys with McDivitt Law Firm hope this story helps drivers make the choice to put down their phones while driving.

Apr

State Patrol Launches Website Aimed at Preventing Colorado Truck Accidents

April 10, 2013

The weather in Colorado can change quickly this time of year. The inclement weather often leads to an increase in the number of Colorado Truck Accidents. To help alleviate the problem, the Colorado State Patrol has launched a website aimed at giving truckers the most up to date information on road and weather conditions.

The website, called TruckI70.com, focuses most of its information on the mountainous passes of I-70. It provides the most recently collected vital data on weather and road conditions, the best locations to stop, and provides detailed information on the state’s chain laws.

Chain laws are in place through May 31^st of this year and require every commercial truck be equipped with tire chains that help the vehicle move through snow and ice. The only exception to the law is if the vehicle is equipped with some other approved traction device.

It is important to note the site is mobile friendly and can easily be accessed through the use of a smartphone or tablet.

State troopers hope the website will allow operators of commercial trucks to make more informed decisions when traveling through the area, especially when the weather is bad.

The Denver Personal Injury Attorneys at McDivitt Law Firm applaud the efforts being made to better educate truck drivers on safety issues that are specific to the region.

Apr

FDA Announces Several Recalls on Contaminated Drugs

April 8, 2013

The U.S. Food and Drug Administration (FDA) has initiated several drug recalls during the past several weeks. Four major announcements have involved separate medications manufactured by different compounding centers, but have all been based on product contamination.

Last month, the FDA announced it had partnered with Clinical Specialties to implement a recall of injections of Avastin. Officials stated several patients had developed serious inner eye infections after receiving the injections. The recall was later expanded to include all medications the company produces since sterility could not be guaranteed.

The same day that initial recall was expanded, the FDA announced Med Prep Consulting, Inc. was recalling all of its compounded products because of mold contamination.

The FDA and Pallimed Solutions, Inc. later stated a similar recall was being conducted due to particulates in their compounded products. Then, on Friday, March 29, another company, Hospira, issued a statement saying it would be recalling injections of sodium chloride i because of brass particulates identified in certain lots of the injections.

The agency’s crackdown on compounding centers and their manufacturing standards often comes on the heels of numerous reports of a certain Drug Injury resulting from contamination during the manufacturing process.

The Colorado Personal Injury Lawyers with the McDivitt Law Firm encourage patients to carefully research and inspect medications before beginning a regimen prescribed by a doctor.

Apr

Colorado Motorcycle Accident Leaves Two Men Seriously Injured

April 5, 2013

A Colorado Motorcycle Accident that occurred this morning left two men seriously injured. Reports indicate the crash happened at around 5 a.m. at the corner of Westroads Avenue and Highway 50 in Pueblo, Colorado.

An article from KOAA News stated the motorcyclist was heading westbound along the road. As he began to pass through the intersection with Westroads Avenue though, a 46-year-old man attempted to cross the street. The biker did not have time to react and the machine collided with the pedestrian.

When rescue crews arrived at the scene, they transported both men to local trauma centers for treatment. While the pedestrian remains hospitalized in critical condition, the motorcyclist is listed in good condition.

Investigators believe the motorcyclist was sober at the time of the accident; however, the accident is being listed as possibly alcohol-related because they believe the pedestrian may have been intoxicated at the time the collision occurred.

These types of accidents may leave some citizens wondering how the costs of such a collision are covered.

The Colorado Personal Injury Lawyers with McDivitt Law Firm explain that an insurance policy normally covers these expenses. Insurance companies may not have a victim’s best interests at heart though. That’s why the firm urges anyone who has been hurt in a motorcycle crash to discuss their legal rights with a qualified attorney immediately.

Apr

Colorado House Advances Bill Establishing Limits for Driving Under the Influence of Marijuana

April 3, 2013

With marijuana recently legalized for recreational consumption in Colorado, many state lawmakers are concerned about how to keep drivers who are under the influence of the drug off the roads to prevent Colorado Car Accidents. That’s why the state House of Representatives approved a bill earlier this week establishing limits on the amount of the drug motorists are allowed to have in their system while behind the wheel.

According to an article from The Denver Post, motorists would be allowed to have no more than five nanograms of THC per milliliter of blood while behind the wheel of a vehicle.

This is the third time such a bill has been proposed by the house. The Senate rejected the previous two bills because they established a “per se” limit. This means if a person tests higher than the established limit, they would likely be convicted even if they were not impaired at the time of the test. The Senate claimed this aspect of the law needed to be changed because the drug can stay in an individual’s system for long periods of time without consuming more of the drug.

An amendment to the bill prohibits law enforcement from using an individual’s status as a medical marijuana patient as probable cause for testing.

The Colorado Personal Injury Lawyers with McDivitt Law Firm ask motorists to never get behind the wheel after consuming any product capable of hindering judgment.

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