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Denver Personal Injury Law Blog

The relationship between BAC and fatal motor vehicle accidents

Many Colorado residents mistakenly believe that if their blood alcohol concentration is below the legal limit of .08 they are okay to drive. Unfortunately, that is not always true. A BAC of as little as .02 can affect the way an individual drives. Drivers who consume any amount of alcohol could cause fatal motor vehicle accidents.

A driver with a BAC of .02 could already have compromised judgment, vision and ability to perform two tasks at once. Every driver knows that driving requires the ability to multi-task, so even at this level a driver could be dangerous. At .05, a driver experiences some loss of coordination, difficulty steering and further loss of judgment, among other things.

5 TBI symptoms that can ruin your small business

You're a small business owner, and you're proud of what you've built. Perhaps you're in your 40s, but you have a business that has been your sole source of income for a decade. You plan to help it grow even more and pass it on to your kids. You've put everything you have into the company, emotionally and financially.

Then you suffer a traumatic brain injury (TBI). Maybe you slip and fall on some else's property. Maybe you're involved in a car accident. Maybe a defective product injures you.

Largest Jury Verdict In A Dental Malpractice Case In Colorado History

The Mahoney Law Firm recently obtained the largest jury verdict in a dental malpractice case in Colorado history. The verdict was for $2 million dollars in a case where the defendant never made any offer.

iStock-112258787_dental_room.jpgIn October of 2013 our client underwent a dental procedure for treatment of recurrent decay around and under an existing crown. The dentist removed the crown and the post (which is used to provide stability to the crown) came out of the molar with the crown. Instead of re-using the old post hole into which to place a new post, the dentist drilled a new post hole next to the old post hole. Rather than following the path of the old post hole, which followed the root canal down the center of the root, the dentist drilled off-axis at an angle. The dentist asserted he could not use the old post hole because the new post he was using was too narrow and he could not obtain retention in the old post hole. The evidence showed instead of drilling a new post hole off-axis, all he had to do was utilize a wider post which would have been retentive in the old post hole.

Common causes and injuries of motorcycle accidents

Winter might still have some fight left in it here in Colorado, but that does not stop many people from wishing and waiting for warmer weather. When spring arrives, more people will be out on their motorcycles. Before that happens, it might be a good idea to review safety measures, including the common causes and injuries that occur in motorcycle accidents.

Drivers of passenger and commercial vehicles are often heard saying that they simply failed to see the motorcycle before they turned, changed lanes or otherwise moved into the path of a motorcycle and caused a collision. You could easily end up in a driver's blind spot due to the smaller profile of your motorcycle. The Transportation National Highway Safety Administration once reviewed approximately 900 accidents involving a passenger car and a motorcycle. In approximately two-thirds of them, the car driver was at fault.

Teens, cell phones and fatal motor vehicle accidents

Most Colorado teens cannot seem to wait to get their driver's licenses, and most of their parents would not mind waiting a little longer. Safety is a big issue for new drivers since they lack the experience of those who have been driving for some time. This makes teens who use cell phones while they drive at even more of a risk of being involved in fatal motor vehicle accidents.

Teens are warned about the dangers of using their cell phones to talk or text while they drive, but they tend to do it anyway. Their risk of being involved in an accident increases by at least four times. In approximately 75 percent of the crashes teens are involved in, distraction is a critical factor, along with speed and failing to continuously scan the roadway for hazards.

Factors that contribute to motorcycle accidents

Riding the open road, feeling the fresh air and enjoying the thrill of a ride through Colorado's beautiful landscape are just some of the upsides to riding, a motorcycle but there are downsides as well. Many of the factors that protect those in passenger and commercial vehicles are absent for a motorcycle rider. Numerous factors that might not ordinarily cross the minds of other motorists contribute to motorcycle accidents and the serious or fatal injuries that result.

The most obvious issue is the lack of protection a motorcyclist has when compared to those in other vehicles. Without that extra protection, what might be considered a minor accident in a passenger vehicle could be catastrophic. Depending on the circumstances, helmets and other protective clothing might minimize injuries, but injuries could still occur.

What's so dangerous about snowplows?

Here's a very clear-cut lesson that should convince you to leave a little more room next time you're sharing the road.

We all know that winter weather in Colorado can change quickly. Sunny days can turn into sudden snow squalls, and the potential for icy, slippery roads is never that far off. Fortunately, public works employees are there to help, treating and clearing the roads, around the clock. But what happens when other drivers disobey the rules for staying behind snowplows? 

Driving drowsy can cause fatal motor vehicle accidents

Nearly everyone here in Colorado and across the country drives when tired. The fast pace of modern life does not always allow for adequate sleep. Unfortunately, tired drivers are not always able to pay adequate attention and might even fall asleep behind the wheel, which could lead to fatal motor vehicle accidents.

In 2014, 856 people died in crashes involving a driver that was fatigued, according to the National Highway Traffic Safety Administration. The accidents that cost these lives were preventable. If the drivers involved had made sure they got adequate rest or recognized that they should not be driving, the wrecks might not have occurred. 

Seeking damages in fatal motor vehicle accidents

Families who lose loved ones in crashes need time to mourn their losses and find a way to move forward without their lost family members. However, only a certain amount of time exists after fatal motor vehicle accidents in which surviving family members can file a wrongful death claim. Here in Colorado, a claim must be filed within two years of the date of death. It does not take long after these travesties for the financial impact to begin, and if someone else was responsible for the death, restitution could be possible.

If a Colorado civil court finds that an individual's death was the result of negligence by one or more parties, both monetary and non-monetary damages could be awarded. Monetary damages would include the out-of-pocket costs associated with the family member's death such as medical and funeral expenses. Other financial losses such as medical insurance, retirement and an inheritance lost because of a premature death could also be sought. 

Texas jury issues $1 billion verdict against Johnson & Johnson in hip implant case

A Texas jury determined last week that Johnson & Johnson should pay over $1 billion in damages for defective Pinnacle hip implants. This could be this year's largest product liability settlement.

The verdict comes in the wake of several other major product liability verdicts against Johnson & Johnson this year, including one in July for the same hip devices, and may pave the way for more similar settlements in the future.

The Mahoney Law Firm, P.C. 4500 Cherry Creek Dr. S. Suite 950 Denver, CO 80246 Toll Free: 888-575-4383 Phone: 303-800-3168 Fax: 303-987-0045 Denver Law Office Map