Recent Posts in Safe Driving Category

The answer is yes, but ONLY if you listen to what the insurance company tells you.

In fact, Colorado Statute § 13-21-111 essentially says that if you get hurt in an accident and you were not wearing your seatbelt, then the jury gets to reduce the amount of money the at-fault driver must pay you.  Sometimes this is referred to as the “Comparative Negligence” statute. It effectively allows the jury to say “we think you wouldn’t have been hurt as badly had you worn your seatbelt, so you are partially at fault for your injuries.

We often have clients who find themselves squarely in conflict with this very unique aspect of our Colorado law which the only learn about AFTER their accident where they were not wearing their seat belt.  Of course, they almost always first hear about this strange Colorado State Statute from the at-fault driver’s insurance company.

In truth, seat belts do save lives – sometimes.  And sometimes, seat belts have no effect at all. And, not to be blasphemous, but sometimes seat belts cause increased injuries. 

At the risk of appearing “anti-seat belt,” which we are not, the scientific data coming out of research study after research study shows that seat belts are just not as much of an “injury preventer” as the general public believes them to be.   In fact, seat belt usage in side impact (t-bone) collisions, and certainly in lower impact rear end collisions often have resulted in equal or even greater injury to persons comparable to occupants in similar collisions not wearing seat belts.  Rollover collisions where occupants remain in the vehicle have been shown to result in no significant difference in injuries regardless of seat belt usage. And of course, head on collisions at speeds greater than 50 mph, generally result in fatalities regardless of seat belt usage.

Seat belts are very important. However, any attorney who caves simply because an insurance company adjuster points out that his client was not wearing a seat belt at the time of the collision, probably lacks experience or the intestinal fortitude to fight for his client in trial and should probably look into becoming a real estate lawyer.

A good trial attorney has the ability to  sufficiently educate a jury through research studies and well qualified experts as to why they should not exercise their discretion to reduce an injury award based on the false presumption that the injury victim’s degree of injury would have been less severe but for the lack of seat belt usage.  In fact, a careful look at Colorado jury verdicts has found that, overwhelmingly, juries have not significantly reduced awards for a plaintiff’s failure wear a seat belt.

Most of the discussions and detailed references to this obscure Colorado law come from insurance adjusters.  There is plenty of insurance adjuster chatter about the freedom a jury is given to reduce an award on a “non-seat-belt” wearing victim.  Our perception is that adjusters try their best to paint a bleak picture for auto accident victims in an effort to get them to lower their expectations for settlement.  Apparently, it must be working; because they continue to do it.

Truth is, there certainly are occasions where an injury can be avoided or a least minimized by seat belt usage.  But, for a car accident victim who is concerned about their own non-usage of the seat belt, careful selection of attorneys who are not afraid to tackle this issue is critical.  Injury victims can get justice in a Colorado court, EVEN when they were not wearing their seat belt in a car accident.  These cases are complicated and require the guidance of experienced legal professionals.

___________________________

At ANDERSON HEMMAT & LEVINE we are well versed in this area of the law and are well prepared to fight these battles on your behalf.  If you were injured in a recent car accident and you were not wearing a seatbelt, don’t give in just yet.  Instead, give us a call and let us help you through this difficult issue.

Contact Us Now

“Your best teacher is your last mistake.”

~ Ralph Nader

It is said that in life you learn a lot more from mistakes than from successes.  After representing more than two thousand clients injured in motor vehicle accidents, I have come to recognize common mistakes people make.  Sometimes these mistakes are relatively minor and have little effect on the outcome of a case. However, other mistakes are major and can single-handedly ruin the outcome of a case.

I am writing this three-part article in the hopes that people who have yet to experience a motor vehicle accident, or perhaps people having just recently been a victim, can avoid the mistakes that so many others have made. 

This three-part article will first explore mistakes commonly made BEFORE the accident. The second part will detail mistakes made DURING the accident time-frame. The last part identifies frequent mistakes made AFTER the accident.

MISTAKES MADE BEFORE AN ACCIDENT

A.  Seat belts:

Seat belts save lives. However, studies show that nearly 40% of the US population still admits to either sometimes or never wearing a seat belt. The argument that people are injured more seriously when wearing a seatbelt versus not wearing a seatbelt is a tired argument that is simply not supported by the vast array of research that has been documented over the past 20 years.

Furthermore, under Colorado law, a jury is free to completely disregard injuries and can substantially discount awards of money based on an injury victim’s failure to use a seat belt at the time of the collision. Front seat and back seat passengers should always wear their seat belts. If you don’t, you are making both a medical and legal mistake.

B.  Vehicle Selection:

The general rule is that large vehicles are safer for occupants in motor vehicle accidents than smaller vehicles. While those very small European vehicles are great on gas and are awfully cute, the survival space in one of these vehicles (especially if it is struck by a large vehicle such as a Ford F 350 commercial pickup truck) is very small.  As for my family, we will not own one of these smaller vehicles.

Not surprisingly, motorcycles are considerably less safe than any tiny car on the road.  I wish no one ever again has to see the after-effects of a motorcyclist having been rear-ended by a car. Even at lower speeds, motorcycle riders are just asking for catastrophic injury every time they ride. And of course, even though it is not the law in Colorado, helmets save lives.  You should NEVER ride a motorcycle without a helmet, no matter what.

Vehicle selection for accidents is important. The more steel, bumpers, and barriers between you and the other vehicle – the better. Think about safety, survivability and the risks associated with the vehicles you drive.  To simply assume that “vehicles are vehicles” and what you drive will not make a difference in a collision is a mistake.  You should research the safety qualities of your vehicle.  Here is an online link to help you do this.

C.  Going Cheap or Bare On Insurance:

The insurance needed to avoid financial disaster in the event of even a moderately severe motor vehicle injury accident include health insurance, large limits MedPay coverage, disability insurance, life insurance and substantial Uninsured Motoristcoverage.

Your health, likelihood of avoiding financial ruin, and your likelihood of fully recovering from your motor vehicle collision is largely dependent on having sufficient insurances and adequate coverage limits.  Ideally, you should have all the above insurances to protect you and your family. Also, if your homeowner’s insurance company sells a million dollar umbrella with an Uninsured/Under-Insured Motorist rider, you should purchase this coverage as well.

Remember, sixty percent of all personal bankruptcies in the United States are caused by medical bills. Seventy-five percent of those medically-related bankruptcies involved families THAT HAD health insurance.  Clearly, simply having health insurance is not complete protection for you or your family in a major or even moderate automobile injury accident.  

D. Higher Risk Driving Times

A person substantially increases her risk of being hit by a drunk driver by simply driving on the roadway between 10 pm and 4 am. Stay off the road if at all possible during these hours.

Many of our clients thought that they would get a jump on their work day by heading to work before the rush hour traffic, only to become another drunk driving statistic. If working early or late, do it from home.

Additionally, stay off the roads during holidays, avoid late evening and early morning driving, avoid driving during weekend evenings, and avoid driving near sports stadiums during home games. These are places where the drunks are. Also, avoid driving during snow storms. And certainly, on that rare occasion when you go out on the town and “let your hair down,” do not drive.  Also, make sure your designated driver stays sober.   

When you choose to drive is as critical as what and where you drive. At some point, everyone will find themselves driving during a less than opportune time.  But it is a mistake to simply assume that when you drive is not a factor in avoiding collisions.

___________________

At ANDERSON, HEMMAT & LEVINE, we want to help you avoid the all too common mistakes which may harm your medical, financial, and legal future.  The next blog will focus on mistakes made during an auto accident.   As always, if you have questions about these issues, call us and we can arrange a time for you to meet with one of our attorneys for a free consultation.

Contact Us Now

In my nineteen years of practice, the job that is often the most heart wrenching is representing children injured or killed in accidents.   Often the most difficult part for the families of these children is the realization that these accidents could have been easily prevented. 

There are certain preventable accidents and injuries involving children that we see over and over again.  Based on these cases, I would like to suggest 10 tips that if implemented in your home would dramatically reduce the likelihood of you ever experiencing the devastation of having your child seriously injured in a preventable accident.   These 10 tips will certainly make your children safer and less likely to ever need the representation of our firm.

1) No bike riding near streets.

Children, busy roads and motorists do not mix.  Always keep bikes and motorists separated.  This may mean that instead of allowing your child to ride their bike in your driveway you will have to go to a nearby park.  This inconvenience will not only keep your children safe, but is sure to create cherished memories for your children of the time they get to spend with you.

If you find this rule to be too impractical, I at least urge you to not let your children ride near traffic without the watchful eye of an extremely responsible adult.  Even then, motorists are often to blame for these tragic encounters.  So, again, simply mandating that children NEVER ride around cars is my rule at home.

2)  If there is a Helmet built for it - Wear It!

Biking, river rafting, skiing, skate boarding, snowboarding, rollerblading … the list of sports that have helmets as optional equipment is always growing.  The reason helmets are being introduced into more sports, is because people who don't wear helmets while doing these activities are getting brain injuries.  For the safety of your children, if there is a helmet made for the sport, purchase one and require your child to wear it.

3) No Go-Carts, Dirt Bikes, or Horses.

Go-Carts sit very low to the ground and drivers in normal sized cars cannot and do not expect to see them.  Children involved in accidents involving Go-Carts and Automobiles often do not survive, because Go-Carts offer no protection at all to your child even if they have a "roll-cage". Every year children are run over and killed in these dangerous vehicles which are only meant for use at a closed track. 

Dirt bikes should be called scar and bone breaking machines. They are awfully fun. But, so were lawn darts.  Don't expose your children to these injury machines.  There are plenty of other very fun and much safer hobbies for your child to become involved in.

Finally, horses. Yes, horses. Nearly every state in the union has passed laws called Equine legislation which acknowledges what everyone knows or should know:  Horses are wild and unpredictable animals. Anyone who has ever had one will tell you of their falls from them and getting kicked by them.  Though I am sure I'm offending someone right now, I'm not here to get your vote, I'm trying to save your child from a spinal cord injury.  If you love horses and visits to the hospital, then ride them yourself, but please keep your children off them.

4) Use the Car Seat and Booster Seat Longer.

Car seats with five-point restraints are much better than the three-point restraints car manufacturers furnish the rest of us. NASCAR drivers recognize this and also use a five-point restraint system.  Some of these seats can be safely used until your child is 10 or older. Use them as long as you can.  Once your child graduates from the car seat, consider a booster seat. The booster elevates the child to make the standard three point seat belt work correctly with the smaller frame of your shorter child.

I suggest you insist your child continue using these items as recommended.  Belting a small child in a normal seat belt can cause more internal damage than no belt at all. This is so important that you should be using these car seats and boosters well into the time period where it is causing daily embarrassment for your child. 

5) No Guns in the House.

Ask your 5 year old where in the house you hide your loaded Glock - He will show you.  Ask your 6 year old where the gun safe key is kept - He will show you.  

Kids shoot other kids and themselves by accident every year at home.  Look, I'm not calling into question your right to bear arms.  But I am calling into question your sanity if you keep these weapons around children in your home. Get rid of the guns and have one less way your child might not make it to 18.

6) No Trampolines.

If you could only get rid of either your guns or your trampoline, leave the loaded gun on the kitchen counter but get rid of the trampoline.  I'm kidding … sort of.  Get rid of both.  But, the only safe trampoline is a disassembled and carted off to the dump trampoline.  No net, cushion or devise will make this quadriplegic-maker safe.

7) Wear every Pad/Guard made for Skateboarding or Skating.

Skateboarding and skating are here to stay. Dangerous as all heck. But, nonetheless, here to stay. If you can't keep your child on the ground, arm them with every single pad, guard, brace, etc. that is made.  I'm hoping this will make them decide through sheer embarrassment not to ride these crazy dangerous items.

8) Investigate your Daycare Facility.

Every year I represent at least one child severely injured because an under-staffed day care facility let a 3 year old do what he wanted.  Even though Colorado Department of Social Services regulates these facilities, don't assume anything when it comes to these places.  

After you have the scheduled interview and carefully choreographed tour with the director, drop in unexpected and see how things really look. In fact, do that a couple of times. Run the facility name and the director/owner's name on Google and see what comes up about safety, and contact Colorado Department of Social Services BEFORE your child's first day.

9) Know the Driving History of Anyone you Permit to Drive your Children.

This is common sense.  My eight year old has been driven in his lifetime by 3 people other than his mother and me.  Anyone can obtain a driving history of anyone else.  This can be done for less than $10 dollars and can be obtained on line. Don't let your child drive with speeders, stop sign runners, or drunks.

10) Pools: Secure Them or Get Rid of Them.

Small children and pools are a recipe for disaster. There are electronic child proof covers that are affordable. There are alarms that children can wear which scream if a child makes contact with the water.  In any event, the message I'm here to share is that if you own a pool and you are not prepared to child proof that pool consistent with the recommendations of a safety consultant, then you should make arrangements to back fill that pool with dirt and make a garden where your pool used to be.  Your children, who now have a shot at making it to adulthood, will thank you for it.

_______________

The more adamant and proactive you get when it comes to child safety, the better.  There are so many ways children get injured and die regardless of what we do as parents, that these ten items should only be the very tip of the iceberg.  I hope this gets you thinking of other unsafe things in your house or yard that you should get rid of.  Do it, children are a blessing and protecting them is your first and most important job.

At ANDERSON, HEMMAT & LEVINE, we want for your children to be as safe as possible.  We hope that you will never need our services for such a devastating accident.  But if you do, rest assured that we will work hard to help you through this very difficult time in your life.

Contact Us Now

For nearly 20 years, I have represented people injured in motor vehicle accidents.  All too often, these accidents and the subsequent injuries were preventable.   I would like to share with you 10 important lessons that I have learned, in the hopes that it will help you avoid an accident, or at least a serious injury.  I do this in part because some of my clients have asked me to share their experiences with the public.  Hopefully, you will be able to avoid going through the needless pain and suffering that my clients endured by implementing these lessons in your driving habits.

1) Wear your Seatbelt/Restrain Children in Car Seats.

We hear it all the time.  But from 20 years of handling some of Colorado's most injured, there is no question that seatbelts and car seats save lives.  This is the number one way for you to avoid serious injury for a reason - Because It Works!

2) Riding a Motorcycle? - Wear a Helmet!

At the risk of offending certain riders, a motorcyclist riding without a helmet is a major brain injury waiting to happen.  Emergency responders often call un-helmeted motorcyclists "donor-cycles" for a reason.  In our field, we see it all the time. Motorcyclists who wear helmets may still incur significant injuries such as broken bones, scars, road rash, and more-but most importantly, they LIVE.  Un-helmeted motorcyclists overwhelmingly end up in the morgue or as long term residents at Craig Hospital.  It's really that simple - please wear a helmet for your health and for your family.

3) Keep Objects in Your Vehicle Secure.

In an accident, a hand held game, a cell phone or even a book becomes a missile. Put these items in your trunk or glove compartment.

4) Don't Let Your Passenger Lie Down while you are Driving.

Even though front seats recline, no one should ever fully recline their seat while the vehicle is moving.  Even back seat passengers should not strap on a seatbelt and then lay down in the back seat.  In a rear-end collision, a reclined front seat passenger can be propelled into the back seat. This is a cause of spinal cord injury to countless unsuspecting victims each year. Also, seatbelts can cause injuries to internal organs when they are restraining a passenger lying down in a back seat.  Seatbelts are not designed for this type of use, and this misuse can cause major injury.  Always remain upright when in a moving vehicle so that all of the safety features of your car can work properly and keep you safe.

5) Stay Off Cell Phones - No More Texting!

In our hectic and fast-paced society, this is probably the most difficult advice to follow.  But each year more and more of our practice involves representing people injured by cell phone or texting-related car crashes.  If you do it, you are going to crash (it's not a matter of "if" - it's only "when").  We know how to prove you were on your cell phone or texting when you are in an accident.  So if you do it, you're going to hurt someone and you're going to get caught.  Believe it or not, whoever is on the other line can wait for you to get where you are going before hearing back from you.

6) Parents - Don't let your Teens Drive with Teens.

Young drivers get too distracted.  It is a recipe for death.  Every year I represent families who lose loved ones in crashes involving multiple teenagers in a car.  These losses devastate families and communities for years.  Tell your children that your rules apply until they leave your house. Stay firm with them.  And if that doesn't work, have them call your lawyer (me) so I can explain how dangerous it is.  Teenagers simply don't have the experience necessary to be able to drive safely while transporting rambunctious teenage passengers.

7) Don't Let Drivers Through Traffic.

So you're in a traffic jam, and suddenly a man headed in the other direction gives you a signal that he wants you to let him turn left in front of you. You feel like a jerk if you don't let him, right? Actually, you pose a much greater danger to others if you allow him to cross in front of you.  After he crosses in front of you, he is also going to cross in front of the driver to your right (he too doesn't want to be a jerk). But then blinded from all of this is the third lane over which is clear because it's a right turn only lane.  Many times, a driver in that "right turn only" lane may proceed straight through the intersection anyway.  This driver may not see the driver you have allowed to cross in front of you until it's too late.  CRASH!! You just contributed to a huge collision. Just say no, it's safer for everyone.

8) Don't Eat While Driving.

I have seen many accidents caused by someone dropping their McMuffin® on their pants and then while trying to recover the fumble, they slam into the rear of an unsuspecting vehicle.  We all do it.  We all need to stop.  Dine in more; drive-thru less.

9) Don't Input your GPS Coordinates While Driving.

This is very dangerous, and every GPS manufacturer tells you not to drive while doing it.  Yet, inputting coordinates in a GPS unit while driving has increasingly become the cause of many crashes each year.

10)  Avoid Non-Verbal Gestures with Other Drivers

Road rage is deadly.  Every year road rage ends in accidents, injuries and death.  Put the finger away, don't wave your arms, keep both hands on the wheels, and smile knowing that you won't be another statistic.

In my experience, these ten simple tips would have prevented injuries to 75% of my clients.

At ANDERSON, HEMMAT & LEVINE, we want for you to be the safest driver possible.  We hope you will never be the cause of an accident.  But in the unfortunate event that you are injured by an unsafe driver, we will work hard to help you through this very difficult time in your life. 

Contact Us Now