Daniels & Scriven, P.C. Blog 

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2.6.24. - THINK TWICE BEFORE CUTTING ACROSS THAT PARKING LOT

In the 1980’s the Colorado Legislature wanted to remove the negligence standard from being applied to injuries on the property of another.  For example, a slip and fall or merchandise falling on a patron.  After several attempts they created the, “Actions Against Landowners” Act.  § 13-21-115.  This Act categorizes the injured person based upon why they are on the property.  The person’s category determines the duty owed by the landowner to protect the person from harm while on their property.  Those on the property to conduct business are afforded the highest protection from harm.  While those there without consent are afforded little to no protection.

DEFINITIONS

“Trespasser” means a person who enters or remains on the land of another without the landowner’s consent.

“Licensee” means a person who enters or remains on the land of another for the licensee’s own convenience or to advance the licensee’s own interests, pursuant to the landowner’s permission or consent. “Licensee” includes a social guest.

“Invitee” means a person who enters or remains on the land of another to transact business in which the parties are mutually interested or who enters or remains on such land in response to the landowner’s express or implied representation that the public is requested, expected, or intended to enter or remain.

STANDARD OF CARE

A trespasser may only recover damages willfully or deliberately caused by the landowner.

 

A licensee may only recover damages caused:

By the landowner’s unreasonable failure to exercise reasonable care with respect to dangers created by the landowner that the landowner actually knew about; or
By the landowner’s unreasonable failure to warn of dangers not created by the landowner that are not ordinarily present on property of the type involved and that the landowner actually knew about.

Except as otherwise provided in subsection (4)(c)(II) of this section, an invitee may recover for damages caused by the landowner’s unreasonable failure to exercise reasonable care to protect against dangers the landowner actually knew about or should have known about.
If the landowner’s real property is classified for property tax purposes as agricultural land or vacant land, an invitee may recover for damages caused by the landowner’s unreasonable failure to exercise reasonable care to protect against dangers the landowner actually knew about.

It is the intent of the general assembly in enacting the provisions of subsection (4) of this section that the circumstances under which a licensee may recover include all of the circumstances under which a trespasser could recover and that the circumstances under which an invitee may recover include all of the circumstances under which a trespasser or a licensee could recover.

LESSON

As the title implies, taking a short cut across someone’s property without their knowledge can have catastrophic consequences for an unexpected traveler.  Keep in mind your purpose for being on the property.  Realize that if you are not conducting business there may be lesser protections for your safety and you need to proceed accordingly.

IF YOU ARE INJURED ON SOMEONE’S PROPERTY, CONTACT THE EXPERTS AT DANIELS & SCRIVEN, P.C. FOR A FREE CONSULTATION TODAY. 
 
Taxi

1.30.2024 ~ Recent Decision Re: rescue Doctrine 

Near midnight on St. Patrick’s Day in 2014, a cab driver picked up two men in northwest Denver. Both men were visibly intoxicated. Once in the cab, they refused to provide the cab driver with a destination, instead telling him when and where to turn as he drove. one of the passengers, finally told the driver to pull over but then began to argue over the $6.50 fare. The argument escalated, and the passenger grabbed the driver from behind and began to punch him repeatedly. Meanwhile, another man had called a cab and was waiting for it to arrive. He watched the cab pass by and, believing the cab was for him, followed it down the road. After walking a few blocks, the other man heard the driver cry for help. As he neared the cab, the man saw the passenger attacking the cab driver from the back seat. The man approached the driver’s side of the cab and told the passenger to stop. Passenger told man to mind his own business, but the man refused to leave.

Eventually, both the driver and passenger exited the cab. The passenger then assaulted the man before getting into the driver’s seat of the cab. As he drove away, the passenger hit the man’s knee with the vehicle. After briefly driving down the street with the stolen cab, the passenger turned around and accelerated toward cab driver and the man, who were standing in the middle of the street. The two dodged the vehicle as the passenger sped by. The passenger then spun the cab around a second time and again quickly accelerated. While the cab driver sought refuge behind a light pole, the man remained exposed in the middle of the street, and the passenger ran over him with the cab. The passenger then continued driving, dragging the man into a nearby parking lot. He finally stopped, shifted the cab into reverse, and hit the man again before driving off. The entire ordeal lasted around seven minutes, and only four minutes elapsed between the man approaching the cab and the passenger assaulting him with it. The man suffered extensive injuries, including shattered ear drums, a traumatic brain injury, a fractured eye socket, three broken ribs, numerous torn ligaments, and other injuries that continue to cause hip and back pain.

The man sued the cab company for negligence and unjust enrichment. Under the man’s theory of the case, the cab company breached its duty of care to the cab driver by failing to install a partition between the front and back seats of the cab and by failing to install interior cameras. The man further argued that he qualified as a rescuer and, under the rescue doctrine, the cab company owed him a duty of care, which it also breached.

A Colorado jury found in favor of the man and awarded substantial damages. However, the Colorado Court of Appeals reversed concluding that it was not reasonably foreseeable that the passenger would steal the cab and the use it as a weapon.

In November 2023 the Colorado Supreme Court reversed the court of appeals concluding:
[c]onsidering this evidence, the cab company’s failure to install certain safety measures in its cabs made it reasonably foreseeable that a passenger would attack one of its drivers and that a third party witnessing such an attack might attempt to aid the driver. Once such an assault begins, it is also reasonably foreseeable that it could escalate in unusual ways, especially given the probability that the assailant will be intoxicated. While the precise way the passenger chose to lash out at the man here might seem bizarre, it remains reasonably foreseeable that an intoxicated assailant could seize any weapon at hand to inflict harm on a rescuer who provoked the assailant’s drunken wrath.
 
If you are injured because of the conduct of another person or company, call the experts at Daniels & Scriven P.C. (303) 863-6006 or reach us at DanielsScrivenlaw.com.
 

1.17.23 - Invisible Injuries

Invisible injury
After being in an auto collision, slip and fall, or industrial accident it’s normal to be overcome by shock and adrenaline. These are your body’s natural defense mechanisms at work. Because of this, many people find that they don’t feel hurt or aren’t experiencing much pain after their initial accident. But days later the same people may find that they were more injured than they originally thought – after they start to feel the pain from hidden injuries. This is the number one reason we recommend seeking medical care right after or within the first few days following an accident.
 
Not all injuries are as noticeable as a broken limb or an open wound. Here are five invisible injuries that can be harmful if left unchecked and untreated:

1. NECK INJURIES
 
Acceleration/deceleration injuries are a common auto accident injury. The whipping action of your head and neck can cause a wide range of soft tissue damage that may not be immediately painful. Without quick treatment, you may experience the effects of your neck injury for weeks, months, or longer. Oftentimes this type of injury requires additional physical therapy and pain management depending on several factors. The symptoms of whiplash can differ greatly from person to person.

2. BRAIN INJURIES
 
Acceleration/deceleration injuries can also affect your brain. The force with which your body is propelled forward is enough to cause a concussion or traumatic brain injury. Typically, we think of this type of injury as the result of a blow to the head, but it doesn’t take a lot of motion to cause internal damage. Here are some symptoms to watch out for:
 
  • Confusion 
  • Memory loss
  • Headache
  • Nausea 
  • Ringing in the ears
  • Dizziness
  • Fatigue
 
3. BACK INJURIES
 
Back injuries are also easy to miss within the first few days following an incident. Get checked out right away because unchecked swelling and bleeding along your spinal cord can cause numbness and even gradual paralysis. You can also experience less severe back pain caused by strained muscles. If left untreated, this injury can lead to long-term back problems.

4. SOFT TISSUE INJURIES
 
Other than neck and back injuries, your feet, ankles, knees, wrists, shoulders, and elbows are also common areas for injuries to go initially unnoticed. Just like their more severe counterparts, leaving these areas unchecked can lead to future chronic pain.

5. INTERNAL DAMAGE
 
Internal bleeding can be well-hidden from those of us who are not medical professionals, and it can be life-threatening. Signs and symptoms may not be visible until you are already in critical condition.

We hope you never have to worry about this – but just in case you are the victim of an unfortunate accident, remember it is always wise to seek medical attention right after or very soon after. Even if you aren’t in pain right away, or don’t think your accident was serious enough, it’s not worth the risk of long-term effects. There are many tests that doctors can perform to diagnose serious underlying damage. Ultimately, no amount of pain should be ignored. If you aren’t getting the care, you think you deserve, seek a second opinion. Your health and well-being are important!

IF YOU HAVE BEEN INJURED IN AN AUTO ACCIDENT, FIRST SEEK MEDICAL ATTENTION AND THEN SEEK LEGAL COUNSEL FROM DANIELS & SCRIVEN, P.C. WE OFFER FREE CONSULTATIONS AND HAVE OVER 40 YEARS COMBINED EXPERIENCE FIGHTING FOR INJURED INDIVIDUALS FOLLOWING MANY TYPES OF ACCIDENTS.

CALL US AT (720) 863-6006 OR REACH OUT AT DanielsScrivenlaw.com
 

12.16.2022 - Recent Slip and Fall Governmental Immunity Decision 

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GALEF V. UNIVERSITY OF COLORADO, COLO.CT.APPEALS NO. 21CA0322

In addressing the application of Governmental Immunity to a slip and fall in a college dormitory the Colorado Court of Appeals made several specific findings and concluded that immunity had been waived.
Student who slipped and fell on wet, slippery stairs in his dormitory that, due to their black coloring, were difficult for student to see that they were wet, brought a premises liability claim against university. The District Court, Boulder County Andrew Hartman, J., found that university had not waived its immunity under the Colorado Governmental Immunity Act and granted university's motion to dismiss. Student appealed.

Holdings: The Court of Appeals, Kuhn, J., held that:

1 student sufficiently established that student's injury occurred as a result of physical condition of public facility or use thereof;

2 student sufficiently established that physical condition of public facility was known to exist or should have been known to exist in exercise of reasonable care;

3 university's alleged negligent failure to post a warning next to imperceptibly wet, recently mopped stairs in dormitory constituted a negligent act or omission proximately causing dangerous condition; and

4 imperceptibly wet, slippery stairs in dormitory posed an unreasonable risk to the health and safety of the public.
Imperceptibly wet, slippery stairs in dormitory posed an unreasonable risk to health and safety of public, satisfying element of the Walton test, 968 P.2d 636, to determine whether sovereign immunity under the Colorado Governmental Immunity Act was waived for a dangerous condition of any public building, in student's premises liability action against university, where student's injury that would require two surgeries to repair was an injury exceeding the bound of reason, posting a wet-floor sign was a cheap and available solution to mitigate risk posed by wet flooring, university did not challenge student's allegation that his injury was caused primarily by the stairs, and hazardous physical condition was located in both high foot-traffic area and area of heightened public safety concern. C.R.S. §§24-10-103(1.3); 24-10-106(1)(c). 
Snowy road

11.29.2022 ~ Personal Injury Claims & Adverse Weather Conditions

On November 29, 2022, the Denver Metropolitan Area saw its second significant snowstorm of the season and with it came slippery roads and walkways.

There is a common misconception that if you are injured as a result of bad weather conditions, then it is an “Act of God” and you are unable to pursue a claim for damages. This is not always the case, but of course, this depends on the individual circumstances.

The law is clear that, if you’ve been hurt because someone else was negligent then you are entitled to damages and to recover your losses.

To establish negligence for personal injury sustained because of bad weather conditions, the main things to consider are:
 
  • Did all those involved act appropriately?
  • Were precautions taken in a timely manner?
  • Did the person or organization against whom a claim is contemplated fulfil their legal obligations?

There are of course many causes of personal injury resulting from adverse weather conditions, two of the main ones are considered below.

Premise Liability Injuries

All Coloradans are familiar with having to shovel and remove snow and ice from sidewalks and other surfaces.  This is a duty most of us take very seriously.  However, there are times when property owners fail in their duties.  Significant and serious injuries are very common from slip and falls on icy surfaces.  Colorado has adopted a statute, The Actions Against Landowners Act, C.R.S. § 13-21-115, et. seq., which sets forth a landowner’s duties and responsibilities in these situations.  When you are injured because of the slip and fall it is very important that you seek the counsel of an experienced personal injury attorney.

Motor Vehicle Collisions

Traffic accidents can be caused by several reasons. Factors that can contribute to road traffic accidents in bad weather conditions are:
 
  • Visibility
  • Poor road conditions
  • Snow/ice
  • Other motorists’ behavior
  • Roadside debris

Motorist are required to exercise reasonable care under all the circumstances.  This means that you are obliged to take reasonable care to ensure any action you take, or any action you fail to take, does not cause injury to another road user. For example, in adverse weather conditions, if visibility is poor, or a road is badly flooded, then a sensible driver would either avoid the area if possible or proceed with extra care. Those who simply proceed at normal speeds, causing accident and injury, would have limited scope to claim that the weather was responsible.

There are many things to consider when determining liability for a motor vehicle accident.  Not only of the actions of the party causing injury but the actions taken by the injured party or the regulatory agency.  In order understand these matters and receive compensation for the injuries suffer again you should seek out the services of an experienced personal injury attorney.

The lawyers at Daniels & Scriven, P.C., have been helping injured people for over thirty-years.  Reach out to us day or night at DanielsScrivenlaw.com or (720) 863-6006.
 
 

11.07.2022 ~ Avoiding Social Media After an Accident

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In the age of social media, nothing is private.  Social media content has the power and potential to misconstrue or even ruin your personal injury case.  Social media accounts provide insurance companies and defense attorneys with a valuable source of evidence to impeach your credibility, refute the cause of your injury or undermine the amount of damages you claim to have suffered.  

While your Facebook post or TikTok video may seem harmless or innocent, insurance companies use them to reject or reduce your compensation following an accident.  After your case is filed, the defense goes to work collecting evidence that could disprove or devalue your claim, and research usually begins with an online search.  Publishing on Twitter, Snapchat, TikTok, Instagram, Facebook or even LinkedIn can ruin your chances for building a successful case.  

The type of content that could be used to prove (or disprove) your claim includes geolocation data, information about your day-to-day activities and how you behave as a person.  Do not jeopardize your claim by posting, tweeting, sharing or commenting on social media.  What you show and tell can be used against you. 

Insurance claims adjusters, defense attorneys, at-fault drivers, employers and other parties involved in your accident will do whatever they can to minimize their own liability and decrease the amount they have to pay you.  As a result, they will research to find social media content that may reveal you engaged in regular activities; you participated in activities that contribute to exacerbating your injuries; or you engaged in activities that interfere with your medical treatment plan as prescribed by a healthcare professional. 

A post or photo is a snapshot of one specific moment in time where someone could be feeling less pain than usual, or they could be putting on a brave face to celebrate a special occasion.  That singular image, post or tweet is then twisted by the insurance company into something devious or sinister.  It’s not fair but that’s how the insurance companies act.  Posts and tweets have the potential to seriously undermine the efforts of your legal team to secure the maximum compensation for your accident case.  Even if you select “private” in your social media settings, investigators have ways of gaining access and getting that information. 

At Daniels & Scriven, P.C. we counsel you so that your social media feeds don’t derail your medical or financial recovery.  Social media should not compromise your case.  You will get better results if you retain skilled counsel immediately after you were injured.  Contact us 24/7 at 720-863-6006.

To protect your rights and get the best outcome possible for your personal injury case, we recommend that clients follow these Simple Rules:
 
  • Avoid posting about your case and ask friends and family not to post about your accident or injury as well.
  • Limit activity on social media until your personal injury case is resolved.
  • Avoid accepting new friend requests or adding new connections while your case is pending.  It is possible that someone from the insurance company, defense counsel’s firm or a person connected with the defendant will try to gain access to your information.
  • Don’t delete profiles or individual posts or tweets as this can arouse suspicion of trying to hide or destroy something, and a court could deem it “spoliation of evidence,” which is prohibited.
The biggest risk is that your social media content will contradict the claims you make in your accident case. Your pictures, photos, location check-ins and statements may demonstrate you have different physical capabilities than you claim to the insurer or in court.

The best way to prevent insurance companies from using information against you is to keep the details of your personal life private.  Avoid speaking with anyone about your accident.  


As an experienced personal injury law firm serving the people of Colorado our team of lawyers help clients minimize the impact of social media on their personal injury claims.  You can avoid being in a compromised position by showing your personal injury attorney your current social media profiles and seeking specific guidance.  This is also why speaking with an attorney immediately after your accident is the best way to learn what you should (and shouldn’t) do to maximize the award you may be entitled to.

Our attorneys understand the tactics that insurers use to avoid paying what they owe.  We will put our skills and knowledge to work on your behalf to fight for the compensation you deserve.  Contact our office at 720-863-6006 or DanielsScrivenlaw.com to discuss your injury claim. 

 
Truck accident

10.24.2022 ~ Truck Accidents

Truck accidents are some of the most stressful situations one can endure. 

After an accident, even if you are uninjured, you will almost certainly be, at the very least, shaken up.

If you are involved in a truck accident, the matter is even more dramatic.

The events that come after a truck accident is almost as stressful as the event itself.

Dealing with a truck accident is time-consuming and, in a lot of ways, in the hands of both the insurance company and the police report.

Settling Claims after a Truck Accident
Do you have an issue after your semi-truck accident that’s proving to be a lot more complicated than expected, or have you been having trouble with the damages that you have to claim after somebody failed to be careful on the road?

There’s no need to worry.

Truck accidents occur daily and they are one of the most common reasons behind personal injury cases, and as long as you calm down and are knowledgeable on what to do, it won’t be as complicated as you expect it to be.

As a victim of an accident involving a commercial truck, you have every right to be compensated properly for being affected by an act of carelessness and negligence – which is, in more cases, done monetarily.

Many different expenses can arise from being affected by a truck accident.

You’ll have to deal with property damages, medical bills, trauma, treatments, pain, inability to work, and other forms of suffering – which can actually cost you a lot if you aren’t compensated the right way!

Typically, the negligent party’s insurance covers all the necessary costs to defray all expenses as much as possible; however, there are some instances where the other party won’t have insurance, or their insurance company won’t cover all the expenses and only deal with the damage done to your vehicle alone.

If you want a smooth process for compensation, you will have to hire a professional personal injury lawyer who can easily protect your right to financial compensation in the event of an accident.
The whole process will be as smooth as possible as long as you have the right knowledge, proper documentation of proof of damages from the accident, and accurate and certified medical records that list your injuries in order.

Although you may have an accident lawyer who is an expert, it also helps to know what kind of compensation you can expect from car accidents caused by negligent drivers.

Having the right knowledge of what you can demand can help with crafting a more satisfactory settlement that leaves no stone unturned, which can truly ensure that you’ll be compensated in the best way possible.

In order to help you know what to expect in terms of compensation after a car accident, we’ve prepared a list of the most common types of damages that you can receive compensation for during your settlement:

Truck Accident Damages #1: Property Damages
As a result of common sense (which can definitely pull out a red flag if the other party refuses to pay for the damages that they caused), property damage like damage to your vehicle after the truck accident is something that you’ll immediately need to work on compared to everything else.

Have a police officer on duty note the damage done to your vehicle, followed by getting a mechanic to formalize a list of necessary expenses that will be incurred in order to fix your vehicle back to its proper condition.

Truck Accident Damages #2: Medical Expenses
Oftentimes, a car and truck accident (or any vehicular accident in general) may result in having you to be brought to the nearest hospital, medically examined, and being attended to right away.

Whether it be a minor injury or a major one, the expenses that need to be shelled out to treat any kind of injury must be duly noted for proper compensation. Here are some of the most common medical expenses you’ll have to deal with after an accident:
 
  • Physical Therapy
  • Cognitive Therapy
  • Ambulance Fees
  • Doctor Consultations
  • Medical Supplies (crutches)
  • Permanent Disability Costs
  • In-Home Care Services
  • On-Going Care and Treatments
Truck Accident Damages #3: Lost Wage Damages

Much like a worker’s compensation claim, if there are any injuries that you may have incurred after the car or motorcycle accident that prevent you from being able to work properly, you’ll have to miss out on work – which means losing wages.

With a letter from your employer, along with important information about how much you’re being paid, and a medical report of how many days you’ll be unable to work will help you make your case when trying to receive compensation for any amount of wage you may have lost due to an inability to return to work right away.

Truck Accident Damages #4: Pain and Suffering Damages

After an accident, you may undergo physical or mental distress which often results in a compromise of some form in your quality of life.

The charge for these types of damages often depends on the severity of the pain or injury experienced, and any other after-effects that may come with experiencing an accident, such as (but not limited to): anxiety, trauma, loss of enjoyment in life, and financial burden.

Truck Accident Damages #5: Out-of-Pocket Expenses

This type of damage or cost usually refers to any other miscellaneous costs that were incurred after the accident, such as transportation, parking tickets, towing, and over-the-counter medical supplies.

The guide to understanding what costs qualify for this type of damage lies in your usual purchasing habits, wherein it can be inferred that if you don’t pay for those costs normally, then they are part of the out-of-pocket expenses that must be reimbursed or financially compensated for.

What to do if you have not received fair car or truck accident compensation.

The most important steps to take after a truck accident of course involve getting to safety and seeking the proper medical attention for any injuries regardless of how serious you think they are. The next step is to reach out to the injury professionals at Daniels & Scriven, P.C. at DanielsScrivenlaw.com or (720) 863-6006 for a free initial consultation and case evaluation.
 
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10.3.2022 ~ Determining compensation in a personal injury claim:


It is a common desire for people to find out how much their personal injury case is worth.  There are many factors that affect the amount of damages that may be awarded.  However, an experienced attorney can inform their client of the various factors that affect the value of a personal injury case.


There are two factors that can determine compensation: special damages and general damages.

Special Damages vs. General Damages

Special damages are easily quantifiable. They are measured by the amount of money it takes to cover losses. Examples include:

• Medical bills
• Lost wages
• Vehicle repairs

General damages are non-economic. Since they are intangible, they are more difficult to measure with a dollar amount. Examples include:

• Loss of companionship
• Reduced quality of life
• Physical disfigurement or impairment
• Pain and suffering

Though these factors are palpable, it is hard to determine how much your general damages are worth because the grief felt may seem incomparable to any monetary amount. Yet, if you are suffering, monetary compensation can potentially ease that suffering.

What Is Considered Pain and Suffering in a Car Accident?

Pain and suffering refers to the physical and mental pain victims experience after a car accident. Pain and suffering in legal terms is getting compensation that covers the overall loss of comfort, ability, happiness, change in lifestyle and opportunity that follows serious injuries.


Examples of Pain and Suffering

Pain and suffering includes the mental and physical damages endured because of a car accident. Because mental and physical aspects of our functioning are interconnected, effects of injuries overlap in mental and physical damages. Physical pain can oftentimes take a toll on how our mental health functions. Pain and suffering examples include:

• Long-term disability
• Shorter life expectancy
• Lasting physical limitations
• Physical pain and discomfort
• Traumatic Brain Injury
• Physical changes such as scarring and amputations
• Changes in sleep
• Depression
• Anxiety
• Post Traumatic Stress Disorder (PTSD)
• Changes in appetite
• Overall mood changes

Judges and juries commonly take into consideration various factors of pain and suffering when considering compensation, including:
• Age of victim
• Long-term damages
• Effect on enjoyment of life
• Future problems
• Mental health

Evidence from Experts and Witnesses:

Personal injury claims require evidence.  Car insurance payouts for pain and suffering can also rely on evidence your car accident attorney presents. The above factors are taken into account and having sufficient evidence to prove their impacts will only make your case stronger.

Reaching out to car accident attorneys in the Denver metro area can be beneficial in the long run. Attorneys are responsible for presenting evidence to justify your pain and suffering after a car accident. They calculate your damages to help you receive the highest amount of compensation possible.  Experienced attorneys will rely on witness statements, medical records, medical bills, photographs, expert testimony from medical professionals regarding the injuries.

A Pre-existing Condition Or Injury:

When determining the amount of compensation to be paid, it is sometimes considered that an accident may have had an impact on a preexisting injury. The amount of compensation may be affected if the accident caused or aggravated an existing injury. It is difficult to determine the value of compensation in cases that involve pre-existing injuries. A personal injury attorney may be necessary for an accident victim who has a pre-existing disability or injury. A lawyer can assist the victim in presenting a strong case and providing the necessary medical evidence.

Negotiations with Insurance Companies:

Most injury cases will be settled by the insurance company as cheaply as possible. They have attorneys available to assist them in this process and ensure they pay the lowest amount of compensation. The victim of an accident may not receive the compensation they deserve if they handle the negotiations themselves.
It is best to hire an experienced personal injury attorney when you are negotiating personal injuries claims with insurance companies.  An experienced injury attorney will be able negotiate a fair settlement on behalf of their client.


It can be overwhelming and difficult to put together a personal injury case, especially if an accident victim doesn't have the necessary skills or experience.  An experienced personal injury attorney can help victims avoid all of the hassle.  An experienced attorney can help victims get fair compensation for their pain, suffering, and economic losses.  The attorneys Daniels & Scriven, P.C. will help you each step of the way.  Contact us today (720) 863-6006 or DanielsScrivenLaw.com for a no-obligation case evaluation.
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9.7.23 - Recorded Statements After an Auto Accident

What Adverse Insurance Companies Do Not Want You to Know About Recorded Statements:

YOU DO NOT HAVE TO GIVE A RECORDED STATEMENT

Many insurance adjusters call and tell an innocent victim that they must make a statement, or the adjuster will not be able to pay compensation for the claim.

Usually, it is at this stage of the property damage claim that the accident victim feels pressure to give a recorded statement.

There are some cases where you may be obligated to give a recorded statement such as when you are dealing with your own insurance company. Even then, prior to giving a statement to your own insurance company, you should consult with an auto accident attorney.

With a third-party insurance company, you are never obligated to give a recorded statement.  The easy way out is just to say no, especially if you are injured, and then call an auto accident attorney near you.

IF YOU DO GIVE A RECRDED STATEMENT IT WILL BE USED AGAINST YOU

Giving a recorded statement to an adverse insurance company is almost always a mistake. Insurance adjusters learn how to take statements in a manner that is likely to elicit admissions from the victim.

The purpose of the statement from the adverse insurance carrier is not to learn your side of the story or even learn of your injuries. It is to get things on the record that can undermine or hurt your case.

You can expect questions relating to how the accident happened with an eye toward what your potential responsibility may have been, even when it’s clearly the other person’s fault. Here are some examples:
 
  • Were you wearing your seatbelt?
  • When did you first see the other vehicle?
  • Did you hit your brakes?
  • Where were your eyes looking?
  • Do you have a cell phone? Were you on the phone? What is your cell phone number? Who is your provider?
  • What did you do to avoid the crash?

As you can see, the questions are clearly designed to get responses that may be able to help defend the case.  Some of the questions that you will be asked serve no purpose other than to help in the defense of the case.

IF YOU HAVE BEEN INJURED IN AN AUTO ACCIDENT, DO NOT GIVE A RECORDED STATEMENT BEFORE SEEKING LEGAL COUNSEL FROM DANIELS & SCRIVEN, P.C. WE OFFER FREE CONSULTATIONS AND HAVE OVER 40 YEARS COMBINED EXPERIENCE FIGHTING FOR INJURED INDIVIDUALS FOLLOWING AUTO ACCIDENTS.

CALL US AT (720) 863-6006 OR REACH OUT AT DanielsScrivenlaw.com
 
Seatbelt

5.20.2022 ~ National Seat Belt Enforcement

NHTSA National Seat Belt Enforcement Mobilization 2022

The National Highway Traffic Safety Administration (NHTSA) is currently gearing up for their National Seat Belt Enforcement Mobilization. This year, the mobilization is running from May 23rd through June 5th. Since wearing your seatbelt is the single most effective way to protect yourself in the event of a crash, this campaign is a top priority for the NHTSA. The Click It or Ticket campaign will be focused on safety education, strong laws and law enforcement participation to help increase seat belt usage on U.S. roadways.  

U.S. Seat Belt Usage Facts  
  • In 2020, the national seat belt use rate was 90.3 percent.  
  • There were 10,893 unbuckled passenger occupants killed in crashes in 2020.  
  • Among young adults, between the ages of 18 and 34, killed in motor vehicle crashes in 2020, more than half (60 percent) were completely unbuckled at the time of the crash.  
  • Men make up the majority of those killed in crashes.  
  • In 2020, 67 percent of the 23,824 passenger occupants killed in crashes were men.  
  • Men also wear their seat belts at a lower rate than women do.  
  • 55 percent of men killed in crashes were unrestrained in 2020, compared with 43 percent of women killed in crashes.  

Border to Border Event  

The NHTSA is calling on all states to participate in the Border to Border initiative on May 23rd. This is a one-day, four-hour, national seat-belt awareness kickoff event. During this nationwide event, law enforcement agencies and highway safety offices throughout the U.S. will be coordinating high visibility enforcement operations. These efforts are aimed at encouraging motorists and passengers to buckle up in heavily traveled state border checkpoints.  

If you have been in an accident, reach out to the knowledgeable attorneys at Daniels & Scriven, P.C., (720) 863-6006 or www.DanielsScrivenlaw.com
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2.11.2022 ~ Save your receipts for Insurance Claims

Save your receipts!
 
Colorado's Division of Insurance Commissioner wants victims of the Marshall Fire to save all receipts of everything that they buy.  Nothing is too mundane.
 
"They don't think about the fact that they're replacing everything that they had in their home," said Insurance Commissioner Michael Conway on Wednesday. "Things like toothbrushes, things like toothpastes, their kids’ shoes.  In a normal world, in a normal situation, you wouldn't keep receipts for those types of things."

What any one person will be reimbursed will depend on their individual policy but paying for expenses you are not normally used to paying are the types of things that could be covered.  "There's some folks right now living in hotels. They don't have a kitchen. And because they're living in hotels, their coverage very well may pay them additional living expenses for the fact that they have to eat out of restaurants all the time. So, they would be able to get reimbursed for the fact that their food is costing them more. But they're going to need to keep those receipts to make sure that happens," said Conway.

Anyone can get help with understanding their insurance at the Disaster Assistance Center at 1755 South Public Road in Lafayette.

If you are having trouble with any type of insurance claim reach out to the knowledgeable attorneys at Daniels & Scriven, P.C., (720) 863-6006 or www.DanielsScrivenlaw.com
Ventilator

1.4.2022 ~ Class 1 Product Recall of Puritan Bennett 980 Series Ventilators by Covidien, LP

Class 1 Product Recall of Puritan Bennett 980 Series Ventilators by Covidien, LP
 
On November 4, 2021, Covidien, LP, (a division of Medtronics) issued a recall on Puritan Bennett 980 Series Ventilators.  The FDA has labeled this as a Class 1 recall–the most serious type of recall.  Anyone using one of these ventilators is advised by the FDA to take immediate action to replace it with another ventilator.

There are approximately 135 of these ventilators affected by the recall.  They were distributed between February 23, 2017 and April 4, 2020.

The recall relates to a capacitor manufacturing assembly error that can cause the ventilator to become inoperable or stop working properly.  This error can result in the loss of ventilation.

What Injuries Can the Recalled Ventilators Cause?

When the ventilators stop ventilating properly, the patient may suffer from the following:
  • hypercarbia (increased carbon dioxide in the blood),
  • hypoxemia (too little oxygen in the bloodstream),
  • neurological injury, or;
  • death.
There have been six complaints and one death regarding this device issue.

What is a Class 1 Product Recall?

A Class 1 Recall indicates that continued use of the product may result in serious injury or death.
 
What Should I Do If I Have One?
 
Medtronics has sent an urgent correct notice to known customers advising them of what actions to take. In short, they are asking customers to discontinue the use of the ventilator and find a replacement ventilator immediately.  For more information please see the FDA recall notice.
 
The skilled attorneys at Daniels & Scriven, P.C. can help if you or a loved one are affected by this recall. Call (720) 863-6006.
Medical care and workers comp missouri workers comp law firm

8.11.2021 ~ Top 5 Ways Your Worker's Compensation Claim May be Denied

Top 5 Ways Your Workers’ Compensation Claim May be Denied

People who become injured on the job may be eligible to collect workers’ compensation benefits. However, there are several different reasons why your workers’ compensation benefits may be denied.

The top 5 ways your workers’ comp may be denied include:

1. Failure To Report the Incident by the Required Time Deadline
All employers are required to ensure their workers’ safety on the job. If an accident occurs on the job, the injured worker is required to report the injury to their employer. In Colorado there are time deadlines. Employers should quickly perform an internal accident investigation to determine if, when, and why the accident occurred in the first place.

2. Concerns That Your Injury Didn’t Happen While At Work
If there is any question of whether the injury really happened while the victim was at work or not, the company may not be liable to pay any type of claim benefits.

3. Victim Found to Be Intoxicated During Time of Incident
If the victim was found to be under the influence of drugs or alcohol during the time of the incident, it could jeopardize the entire case.

4. The Injury Was Due to a Pre-existing Health Condition
An employer may win a workers’ comp case if the injury happened due to a pre-existing medical condition. This is a tricky situation, and a knowledgeable attorney can help get the needed evidence on behalf of the injured employee.

5. Victim Failed to Seek Immediate Medical Treatment at an Approved Medical Provider. Most employers require employees to see an approved medical provider if hurt while working. The claim could be denied if the victim procrastinated or failed to seek care.

Call the experienced attorneys at Daniels & Scriven, P.C. to help guide you through your Workers' Compensation Claim, (720) 863-6006.
Chevrolet bolt

7.21.2021 ~ Chevrolet Bolt Recall

Consumer Alert: Chevy Bolt Recalled Due to Fire Risk
 

The National Highway Traffic Safety Administration (NHTSA) recently issued a consumer alert about the recall of certain model year Chevrolet Bolts due to a risk of fire hazard. According to the NHTSA, 2017-2019 Chevy Bolts are being recalled at this time, and owners are being urged to park them outside.
 

If you have one of these vehicles, make sure you park your car outside and away from your home or other structures. Make sure to park them away from structures immediately after charging too, and don’t leave them to charge overnight. This consumer alert applies to vehicles that have been “repaired” as well.
 

Fire Hazard with Defective Chevrolet Bolts
 

These defective vehicles were recalled in November of 2020, but the potential for unattended fire is very high, so the NHTSA is working to get the word out about parking these vehicles away from homes and structures. The fire risk occurs in the high-voltage battery pack underneath the backseat’s bottom cushion.
The defective cell pack can smoke and ignite internally, which can spread fire to the rest of the vehicle and cause surrounding areas, especially if parked in a garage or near a home, to go up in flames.

Park Your Bolt Outside, Even If It has Been Repaired
 

Currently, the NHTSA is advising that these vehicles should be parked outside and away from structures regardless of whether the interim or final recall repairs have been completed. The NHTSA is now aware of at least two recent incidents involving Chevy bolt EV fires in vehicles that received the recall remedy. An additional investigation is being conducted to find out what is going on with the remedy.
 

Injuries and Accidents Caused by Defective Auto Parts
 

After any kind of injury or accident involving a recalled vehicle, it’s a good idea to speak with a Personal Injury lawyer about your case. Since it can take months or longer for investigations to get conducted and recalls to get initiated, it’s also important to report any suspicious accident causes to the NHTSA and your vehicle’s manufacturer.
 
If you have been injured or if you have lost a loved one due to a motor vehicle collision caused by a defective vehicle, call the experts at Daniels & Scriven, P.C., (720) 863-6006 or contact us at DanielsScrivenLaw.com
Bus photo

7.7.2021 ~ Bus Accidents

BUS ACCIDENTS IN COLORADO
 
According to the National Highway Traffic Safety Administration (NHTSA), there are thousands of bus accidents in the United States annually. Many of these accidents result in countless injuries to bus passengers, pedestrians, and people in other vehicles. Bus crashes are unique from other auto accidents due to the size and weight of the buses, as well as the lack of seatbelts and other standard safety equipment found in cars.

Cars and pedestrians hit by a bus are more likely to suffer serious or even life-threatening injuries. Bus riders are equally at risk because they may get thrown around the passenger compartment leading to serious injuries.

COMMON CAUSES OF BUS ACCIDENTS

As common-carriers, bus operators have a special duty to ensure the safety of their passengers.

Bus accidents can be caused by numerous factors, including:
 
  • Old buses and outdated equipment
  • Bus driver negligence
  • Dangerous roadway design
  • Defective Products
  • Improper maintenance
  • Inadequate bus driver training
  • Bus driver inattention

When a bus accident occurs, there is almost always an on-scene investigation of the accident by the supervisors. However, it is important for injured bus riders to promptly hire an attorney to conduct an independent investigation. People injured in bus accidents need to understand that the investigators—and even the police that respond to the accident—often work for the same government entity that operates the buses.

DETERMINING LIABILITY IN BUS ACCIDENT CLAIMS

Bus accidents are also unique because buses and other forms of mass transit are typically operated by government entities. As such, special requirements and procedures need to be followed in order to bring your claim for injuries against the government entity. The skilled attorneys at Daniels & Scriven, P.C. have successfully litigated claims against government entities and have a track record of success litigating bus accidents.

One of the early questions in bus accident claims involves determining who the responsible parties are. Buses can be operated by numerous different government entities.

In many cases, these public entities will try to downplay the injured claimants and aggressively deny their claims. Routinely, public entities try to settle Colorado bus accident claims for next to nothing. They may even deny your claim outright, forcing you to go to court for resolution. Our attorneys have successfully gone up against public entities in the past and are prepared to aggressively pursue your claim too.

Get started with your free consultation today! Call (720) 863-6006 to speak with a member of our legal team. There are never any fees for you until we recover compensation on your behalf.
 
Boat pic

6.9.2021 ~ Boating Accidents

As summer approaches and temperatures are warming up, many people are putting on their summer gear and heading to the water.  Boating is a common pastime in Colorado – and the fun and excitement that comes with boating has many ready for the summer season. Unfortunately, even the best summer fun can lead to life altering accidents.

NEED A LAWYER FOR A BOATING INJURY CASE?

Throughout the state and the rest of the country, there are thousands of people injured and hundreds killed in boating accidents. Not only that, but people also lose millions of dollars every year because of property damage. If you were involved in an accident that was caused by your boat operator, the operator of another boat, or a machinery defect, you could have the right to seek just compensation.

WHAT STEPS SHOULD YOU TAKE IF YOU’RE INJURED IN A BOATING ACCIDENT?
 
  • The first thing you should do is seek medical attention. Even if you do not think you are injured, the injuries could take a couple days to become apparent, so it is best to be examined by a doctor as soon as possible following the accident.
  • Take photos and get the contact information of witnesses.
  • You should also report the accident to the proper authorities in the event you need to file a claim. Your best option is to call 911.

WHAT ARE THE MOST COMMON TYPES OF BOATING ACCIDENTS IN COLORADO?
 
  • Collisions with other boats including jet skis,
  • Collision with a dock or the land,
  • Water skiing or wakeboarding accidents, and,
  • People falling overboard.

According to the U.S. Coast Guard, 80% of people who died in boating accidents died of drowning.

If you lost a loved one or were seriously injured in a boat accident, please allow our team to help you. We have years of experience in these types of cases and will do everything possible to get you the compensation you deserve.

We offer a free case evaluation to determine whether we are the right choice for your specific case. Who you choose to protect your rights could mean the difference between getting the compensation you deserve and having to shoulder the entire case on your own.  Please call us at (720) 863-6006 to get this burden off your shoulders.
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5.11.2021 ~ Proving Pain and Suffering

How to Prove Pain and Suffering From a Car Accident

Since compensation is not a tangible measurable, pain and suffering must be proven to argue for fair compensation.  Gathering evidence after a car accident is always a good idea for both special damages and general damages.

Documentation that helps your attorney argue for fair pain and suffering compensation includes:
  • Medical records
  • Journal entries
  • Witness statements
  • Photographs
DETAILED JOURNALING

Since pain and suffering includes the longevity and anticipated persistence of the effects, collecting evidence can be something that happens over a period of time. Keeping daily journal entries to track your experience over a length of time can support your case for proving the intensity of your pain and suffering. Tracking your experience shows the insurance adjuster, judge, or jury how your injuries impact your everyday life.

You can write about experiences like:
 
  • Duration, level, and location of your pain (try putting your pain on a numerical scale)
  • Frustrations
  • Feelings surrounding needing help with bathing or personal hygiene
  • Fear of lifelong disability and pain
  • Sadness, depression, or anxiety
  • Heartache from missing special occasions, family gatherings, or holidays
  • Intensity of mental and physical anguish
MEDICAL RECORDS

Medical records help to support any monetary compensation needed, but how can they help prove general damages? For pain and suffering cases, medical records can significantly support your claim because those records include a doctor’s notes.

Measuring the pain of physical damages, especially as they relate to mental impacts, can be affirmed by the doctor’s comments on severity. If you visit a therapist or seek counseling, keeping track of dates and topics of discussion also count as relevant documentation.

WITNESS STATEMENTS

It’s typical to use witness statements at the scene of an accident as evidence, yet the type of witnesses can broaden as your pain and suffering continues. Collecting statements from family members, friends, neighbors, and caretakers can support your case. Those close to you can describe how your life has been impacted. They are witness to personality changes and physical limitations due to your accident.

PHOTOGRAPHS

Documenting your pain and suffering journey through photographs and videos can help insurance adjusters and judges visualize the effects of the car crash. Presenting visual evidence can be a strong testament to pain and suffering post-accident.

CALCULATING PAIN AND SUFFERING FROM A CAR ACCIDENT

Unlike specialty damages like medical bills and lost wages, pain and suffering is not as easy to calculate into a monetary amount. There are several options for your attorney to quantify your pain and suffering (noneconomic damages). The attorneys at Daniels & Scriven, P.C., have spent years determining the best and most effect ways to quantify an injury victim’s noneconomic damages to provide the compensation they so desperately need and are entitled.

AVERAGE PAIN AND SUFFERING SETTLEMENT FOR CAR ACCIDENT

Every car accident is different, thus different settlements ensue for each collision and the damages that occur. Determining pain and suffering is based off of the calculations discussed above. Determining the cost of the payout is based on how much the multiplier is in the case. The actual cost will be determined on factors to justify the multiplier by presenting evidence.

Evidence is crucial in pain and suffering cases. Proving that your discomfort is liable for compensation can be difficult and subjective. Work with an experienced lawyer to advocate for you, both in qualifying and justifying your pain and suffering.

Payouts for auto accident pain and suffering cases can be quite high, so some states put caps on the amount of money a person can receive in a settlement or case. Colorado puts caps on damages for pain and suffering. Speak with your attorney for a more in-depth look into specific compensation caps for your case.

COLORADO INSURANCE PAYOUTS FOR CAR ACCIDENTS PAIN AND SUFFERING

Colorado is a comparative fault state, meaning auto insurance payouts are given based on the percentage of a person at fault. Some policies such as liability with higher coverage may allow you to sue for pain and suffering. If you are at fault, then your insurance will cover damages for the injured driver.

HOW TO SUE FOR PAIN AND SUFFERING CAR ACCIDENT

The process for suing in a pain and suffering claim in auto accidents involves negotiating settlement with the other party involved. If either party disagrees on the requested compensation, then the case may go to trial, where your attorney represents you in court.

When you get into a car accident and sue for pain and suffering, settlement negotiations conclude faster than litigation. If you receive a low offer from the defendant’s car insurance company and would like to counter the offer, our attorneys will be with you to help get the compensation you deserve.

WORKING WITH CAR ACCIDENT ATTORNEYS

Reaching out to car accident attorneys in the Denver metro area can be beneficial in the long run.  Attorneys are responsible for presenting evidence to justify your pain and suffering after a car accident. They calculate your damages to help you receive the highest amount of compensation possible.  Pain and suffering after a car accident can be staggering.

The attorneys Daniels & Scriven, P.C. will help you each step of the way. Contact us today (720) 863-6006 or DanielsScrivenLaw.com for a no-obligation case evaluation.
Damages

5.5.2021 ~ Compensation for Pain and Suffering in a Car Accident

Compensation for Pain and Suffering in a Car Accident
Car accidents can be stressful and harmful, affecting your physical abilities, finances, mental health, occupation, and overall well-being. Every year, about three million non-fatal injuries occur due to car accidents. If you have been involved in a crash, there is a chance that you will have to miss out on work, cover medical expenses, and handle insurance claims.

On top of that, the emotional toll of accidents can be overwhelming.
If this sounds familiar to you, then seeking assistance from a car accident attorney for a pain and suffering settlement may be in your best interest. Getting compensation can alleviate some of the stressors that result from car accidents.

There are two factors that can determine compensation: special damages and general damages. 

Special Damages vs. General Damages

Special damages are easily quantifiable. They are measured by the amount of money it takes to cover losses. Examples include:
• Medical bills
• Lost wages
• Vehicle repairs

General damages are non-economic. Since they are intangible, they are more difficult to measure with a dollar amount. Examples include:
• Loss of companionship
• Reduced quality of life
• Physical disfigurement or impairment
• Pain and suffering

Though these factors are palpable, it is hard to determine how much your general damages are worth because the grief felt may seem incomparable to any monetary amount. Yet, if you are suffering, indemnification can potentially ease that suffering.

What Is Considered Pain and Suffering in a Car Accident?

Pain and suffering refers to the physical and mental pain victims experience after a car accident. Pain and suffering in legal terms is getting compensation that covers the overall loss of comfort, ability, happiness, and opportunity that follows serious injuries.

Examples of Pain and Suffering

Pain and suffering includes the mental and physical damages endured because of a car accident. Because mental and physical aspects of our functioning are interconnected, effects of injuries overlap in mental and physical damages. Physical pain can oftentimes take a toll on how our mental health functions. Pain and suffering examples include:
• Long-term disability
• Shorter life expectancy
• Lasting physical limitations
• Physical pain and discomfort
• Traumatic Brain Injury
• Physical changes such as scarring and amputations
• Changes in sleep
• Depression
• Anxiety
• Post Traumatic Stress Disorder (PTSD)
• Changes in appetite
• Overall mood changes

Judges and juries commonly take into consideration various factors of pain and suffering when considering compensation, including:
• Age of victim
• Long-term damages
• Effect on enjoyment of life
• Future problems
• Mental health

Car insurance payouts for pain and suffering can also rely on evidence your car accident attorney presents. The above factors are taken into account and having sufficient evidence to prove their impacts will only make your case stronger.

Reaching out to car accident lawyers in the Denver metro area can be beneficial in the long run. Attorneys are responsible for presenting evidence to justify your pain and suffering after a car accident. They calculate your damages to help you receive the highest amount of compensation possible.

Pain and suffering after a car accident can be staggering. The attorneys Daniels & Scriven, P.C. will help you each step of the way.
Contact us today (720) 863-6006 or DanielsScrivenLaw.com for a no-obligation case evaluation.

Stay tuned for the Next blog post from Daniels & Scriven, P.C. where we further explore how to prove pain and suffering after a car accident.
Ride share photo

4.27.2021 ~ Car Accidents Involving Uber or Lyft

Ride share services such as Uber and Lyft have become a popular alternative to taxi services. These rideshare companies employ their drivers as independent contractors, which means that they are using their personal cars and are responsible for their own vehicle-related costs.

People love these services as they are very easy to use, and all you need is a smartphone. Through an application, you can easily request a ride by putting in the location of your destination, and you will automatically match with an available driver in the area.

Although the concept of these services is quite straightforward, questions may arise when it comes to liability for a car accident case that involves an Uber or Lyft vehicle.

IS IT POSSIBLE TO SUE UBER LYFT?

Uber and Lyft drivers are all independent contractors. So, when there is a car accident with an Uber or Lyft driver, you cannot sue the company directly. Companies like Uber and Lyft are not liable for the actions of these independent contractors.

In other words, the companies only provide their drivers with an application to arrange rides with passengers, and then everything that happens on the road is out of the companies’ control. However, these companies can still be held financially responsible when there is an accident that involves their drivers, particularly when there are injuries and damages incurred.

HOW DOES CAR INSURANCE WORK IN THESE CASES?

Every driver employed under Uber or Lyft is required to have their own car insurance coverage, and the companies will augment that insurance for extra coverage.

That is because when a driver is “working,” whether they’re available for a fare or in a middle of transporting a passenger, many personal insurance providers will try to refuse coverage by arguing that the insured party was driving for hire, thus disputing the driver’s claim to personal insurance coverage.

Regarding insurance coverage for drivers, rideshare companies usually follow a three-tiered approach. The first tier includes the driver’s personal insurance, which covers the driver when they are not working or engaging in the act of a rideshare driver.

The second tier comes in when the driver is available for a fare but not transporting a passenger. Therefore, the driver may be covered by their own personal insurance, but the company’s insurance will have to step in when necessary.

Finally, the third tier applies when the driver is driving a passenger, in which the companies are responsible for providing at least one million dollars in liability insurance for their drivers.

If you were inured in a ride share accident, call the attorney at Daniels & Scriven, P.C. to help guide you through the process.  (720) 863-6006
Distracted driving

4.13.2021 ~ April is National Distracted Driving Month

As you may have noticed, traffic has dropped significantly since the start of the COVID-19 pandemic; however, the roads have only gotten more dangerous.  Despite less people on the roads in 2020, crashes were up.  Distracted driving has become a deadly epidemic on our roads.  On a typical day, more than 700 people are still injured in distracted driving crashes. According to AAA, distracted driving kills nine people every day in the U.S.

While drivers texting behind the wheel is one of the most common distractions, other risky actions include talking on a cell phone – even hands-free –or programming an in-vehicle infotainment system, applying makeup, eating food and more diverts attention away from driving.

Ways to help stop distracted driving.
 
  • If you need to read, send, or respond to a text, pull over and park your car in a safe location.
  • Have a passenger be your designated texter.  Allow them to respond to messages for you.
  • Do not scroll through apps, including social media, while driving.  If you are struggling to not check your phone while driving, consider putting your phone out of reach until you reach your destination.  You can also place your phone on a do not disturb setting.

4.7.2021 ~ What should an injured passenger do after a car accident?

Being an injured passenger after a car accident can leave you feeling helpless. You were not driving either car involved, and your insurance is not responsible for car repair claims. You are not at fault for anything, yet you still are a victim of injuries caused by the accident. These injuries induce medical costs, lost wages, and other expenses. What should you do?
Can I receive compensation from a car accident as a passenger?
Contrary to what someone might think, passengers injured during a car accident that they had no active role in still have every right to receive compensation. In fact, in most cases, it will be a more straightforward process than that of either driver involved in the accident. The important thing, no matter what role you played in a car accident, is that you take the right steps afterward to ensure a smooth claims process.
HERE ARE SOME THINGS YOU SHOULD DO IF YOU’RE AN INJURED PASSENGER AFTER A CAR ACCIDENT.
Get everyone’s information involved in the car accident!
You may not have been one of the drivers involved in the car accident, but that does not mean you should not be included in the information exchange process. Your insurance will not be responsible for your injuries, as you were not at fault.
The claims process determines which driver is at fault for the accident at hand. However, the injuries you sustain may cause you to incur medical expenses, lost wages, and more. Those are all costs resulting from the accident and will fall under the responsibility of whoever is at fault.
Make sure to get both drivers’ information, as well as information on the police report. Whether fault seems obvious or not, it is smart to obtain information from all possible sides to cover your bases.
File an injured passenger claim after the car accident!
Just as the drivers will file car accident claims, you should file an injured passenger claim. Their insurance companies will duke it out to determine who is at fault in the car accident.
You can choose to file a passenger injury claim with only one insurance company if the fault is very apparent. However, if determining fault may not be as cut and dry, you can always file your passenger injury claim with all involved drivers’ insurance companies and allow them to decide who is responsible for your claim.
Hire an Attorney!
If the insurance companies are in dispute over who is at fault and neither company wants to claim responsibility for your injuries, a lawsuit may be your next option. Filing a lawsuit for additional damages may be the route you need to take to ensure you receive the proper compensation you deserve. However, even if you do not need to take your claim to court, hiring an attorney is always advisable.
A personal injury law firm with dedicated, compassionate and experienced attorneys, like Daniels & Scriven, P.C., will help guide you through every step of the process.
We have earned a reputation for aggressive advocacy and dedication to clients’ who have been injured or killed due to an auto or car accident. We fight for compensation to cover your expenses, including medical bills, and damages for your loss of income resulting from the accident.
Your welfare and best interests are our sole priority, whether we are negotiating a settlement or representing you in the courtroom.