Tag: Personal Injury

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August 26, 2019
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Subaru Crosstreks sees most crashes despite high safety rating

Auto accidents in Colorado and across the U.S. affect 25.81% of all the Subaru Crosstreks on the road today. The Crosstrek is involved in more at-fault crashes than any other newer vehicle according to Insurify. The auto insurance comparison site has even compiled a list of 10 cars that are involved in the most crashes; altogether, car crashes affect 13.64% of these vehicles.It may seem strange that the Crosstrek would be at the top of the list when the Insurance Institute of Highway Safety gave the 2019 Crosstrek the highest possible safety rating. This rating covers both crashworthiness and crash avoidance. It is true that many crashes lead only to minor injuries for the drivers of and passengers in Subaru Crosstreks. Crosstreks are also affordable and have great fuel economy, adding to their value.The other vehicles on the list are as follows: the Honda HR-V, Hyundai Elantra GT, Infiniti Q50, Subaru WRX, Mazda3, Acura ILX, Lexus CT, Chevrolet Trax and Hyundai Santa Fe Sport. Subaru’s second vehicle on the list, the WRX, is known as the car that gets pulled over the most for speeding offenses. The Chevrolet Trax is the only American car on the list. Of the imports, seven hail from Japan, and two are from Korea.Whatever a car’s make or model, it is, to a large extent, safe only insofar as the driver is safe. If negligent driving is to blame for a car crash, those who were injured without playing a part in the crash may consider a case under personal injury law. In Colorado, one can recover damages even when partially at fault although the final amount will be lessened in proportion to that degree of fault. Victims may want legal assistance.

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July 5, 2019
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Safety technology belongs in every vehicle

In Colorado and across the United States, 90 percent of serious car crashes are caused by drivers who make wrong decisions at critical moments. Automatic emergency braking systems and forward collision warnings help prevent mistakes from taking place. However, only 56 percent of the vehicles manufactured in 2019 include these safety features. Jeff Plungis of Consumer Reports believes that every new automobile needs to have a forward collision warning and an automatic emergency braking system. He mentions that technology is not always implemented in a timely manner. For instance, he states that it took more than a decade before it was mandatory for car manufacturers to include seat belts in all vehicles.Thanks to the invention of the now common seat belt, more than 300,000 people have survived car crashes since 1960. Today, seat belt technology has improved by the implementation of two parts called the “limiter” and the “pretensioner.” A limiter provides enough slack to protect the seat belt wearer from injuries. A pretensioner ensures that the seat belt becomes tighter in the event of a crash.In addition, some vehicles include inflatable seat belts offering even more protection from potentially serious injuries. Plungis states that many automobiles do not include built-in safety features. Plus, he mentions that safety features often focus on front seats rather than rear seats. He states that life-saving technology is not only for wealthy people who can afford to buy expensive luxury cars.A car accident can occur even if the vehicle includes every conceivable safety feature. Survivors of car crashes need to understand that insurance companies do not necessarily provide adequate compensation for injuries and injury-related matters. When a victim incurs paralysis or a traumatic brain injury caused by a car crash, speaking to a personal injury attorney may lead to monetary compensation.
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June 21, 2019
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Proving causation: an obstacle in many malpractice cases

Medical malpractice cases are some of the most difficult personal injury cases to pursue in Colorado and elsewhere around the country. Two things must be proven for such a case to be valid, the first being the fact that the doctor, nurse or other medical professional failed to provide an established standard of care. While this can be easily done, the second step, that of linking the negligence to the injury, can be challenging.For example, those who are about to undergo a surgical procedure are told beforehand that there can be side effects and complications. If they develop complications after surgery, then they will need to show that a surgical error or another mistake was to blame. Otherwise, they cannot be compensated for injuries that can arise even when there is no negligence.Orthopedic injuries like fractures come with a similar risk. Not all of them heal properly even when the doctors follow an accepted standard of care. Only in cases where a doctor was clearly negligent, such as in failing to align the bone or consider surgery when the injury would have called for it, can victims be successful.Delayed cancer diagnoses pose a problem, too, for those who wish to file a claim. Cancer has a high mortality rate and requires extensive treatment.

Those who believe they have a strong case may wish to have it evaluated by a lawyer. Most attorneys who specialize in personal injury have a network of professionals who can help build up cases. Investigators may obtain proof of negligence, and medical experts may measure the extent of injuries and their related costs. Expert witnesses may come in to offer testimony. A lawyer may start by striving for a settlement out of court, litigating only when negotiations fail.

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May 21, 2019
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Many drivers don’t understand advanced safety technology

Drivers in Colorado and elsewhere may not understand the advanced safety technology that automakers are increasingly placing in new vehicles. As a result, they may not be using or responding to the systems properly.Currently, around half of all new vehicles manufactured in the U.S. are semi-automated, including those with relatively low price tags. In addition, automakers have pledged to make automatic emergency braking systems standard on all new cars sold in the U.S. by 2020. However, many drivers don’t understand how this technology works, which sometimes leads to fatalities. For example, a survey found that 11% of drivers misunderstand how semi-autonomous vehicles work, thinking that they can use their phone or read while the car drives itself. In fact, several drivers who have let their semi-automated vehicles drive themselves ended up dying in horrific crashes. While fully automated cars are being tested across the country, none of them have yet reached the market.The situation is being compared to the automated technology that has been added to commercial aircraft over the decades. While these systems have helped pilots avoid crashes, they have also had some tragic unintended consequences, including the two recent crashes involving Boeing 737 Max planes. Analysts say the solution to both problems is to make sure drivers and pilots are thoroughly educated on the advanced safety technologies that are installed in their cars and planes.Someone who has been injured by a driver improperly operating a semi-automated vehicle might have grounds to take legal action. For instance, by filing a personal injury lawsuit, an injured party could obtain compensation for medical expenses, rehabilitation costs, lost wages, property damage and other accident-related losses. An injured victim could initiate the lawsuit process by partnering with an attorney who handles car crash claims.

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April 22, 2019
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Distracted driving study reveals growing road safety issue

The results of a recent study suggest that drivers in Colorado and around the country spend an average of 13 minutes each day looking at their cellphone screens while behind the wheel. Root Insurance, which offers motorists discounts for not engaging in this potentially deadly behavior, commissioned a Virginia-based research firm to conduct the online poll.Previous research into distracted driving has revealed that most motorists have an inflated view of their own behind-the-wheel skills and criticize others for behavior that they are often guilty of themselves. The Root Insurance study is no different. Almost 40% of the drivers polled admitted that even seeing a police car in their rear-view mirrors was not enough to convince them to put their phones down, but 90% considered themselves to be more skilled than Uber or Lyft drivers.The respondents also admitted to using their phones for more than making or receiving calls. Over half admitted to using their smartphones to type texts or send emails while driving, and one-third confessed to using their devices to post on social media or read posts. A worrying 18% of the drivers polled said that they even use their cellphones to watch videos while behind the wheel.One of the challenges facing police accident investigators is that distraction leaves no obvious physical clues. However, electronic records may reveal that a distracted motorist was not paying attention when they crashed. If the events suggest that distraction may have been a factor but police investigations fail to reach firm conclusions, an experienced personal injury attorney may use subpoenas to access wireless service and internet usage data. Legal counsel could ultimately help a crash victim obtain compensation for crash-related damages.

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March 25, 2019
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Diagnostic mistakes commonly linked to medical malpractice

When Colorado residents go to the doctor, they may be at risk for a misdiagnosis that could put their health or even their lives at further risk. According to one study carried out by an insurance company, 46 percent of closed medical malpractice claims were related to an incorrect diagnosis or the failure to diagnose a serious, progressive illness. Even more significantly, 68 percent of paid malpractice claims were related to the diagnostic process, and 45 percent of these cases involved the death of the patient.A misdiagnosis can be particularly dangerous when a condition like cancer is involved. Early detection and treatment can be critical to survival. Therefore, the failure to diagnose cancer can introduce damaging delays that make it impossible to properly treat the condition. In other cases, patients may undergo treatments that are unnecessary and harmful, given that they did not have the condition for which they were treated.In a second study by an insurance company, 38 percent of all medical malpractice claims involving children in the past decade were also linked to misdiagnoses. In many cases, these medical mistakes were related to an improper or insufficient medical examination by the treating doctor. Physicians may not order appropriate tests and may not interpret the results correctly. In other cases, they may not conduct a full physical examination or take a thorough family history. The National Academy of Medicine said in 2015 that mistakes in diagnosis might be the third most common reason for deaths among hospital patients.People who have suffered a worsened health condition due to a doctor’s error may face escalating medical bills and a compromised quality of life. A medical malpractice attorney can review a patient’s case and determine the potential for seeking compensation for the damages suffered as a result of a misdiagnosis.
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January 28, 2019
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Distracted driving statistics spark concern

A new study is raising the alarm about the threat posed by distracted driving in Colorado. The research by the Insurance Institute for Highway Safety, a nonprofit organization funded by insurance companies, compared distracted driving surveys conducted in 2014 and 2018. Of course, self-reported surveys are always vulnerable to errors and omissions, especially underreporting of known dangerous behavior. Still, many drivers admitted to being distracted while operating their vehicles, including using their mobile phones.The trends reflected in the study also indicate general social changes in the way that people communicate. Fewer drivers used their handheld mobile phones for voice conversations in the 2018 results, but there was a 56 percent increase in the number of people who reported texting or surfing the internet while behind the wheel. These results are troubling as texting and driving is linked to more serious car accidents. In 2017 alone, 800 people lost their lives in crashes linked to distracted drivers who were texting or surfing. The risk of a fatal crash goes up by 66 percent when drivers manipulate a phone by hand. While the general number of distracted driving reports remained the same, the types of distraction grew more severe.In addition, distracted driving is not limited to the influence of the smartphone or tablet. Drivers may have their attention shifted from the roadway by noisy children, eating or even built-in entertainment consoles.The consequences of distracted driving can be particularly serious for others on the road injured in motor vehicle accidents. Someone hurt in a crash due to another party’s negligent or distracted driving can work with a personal injurylawyer to pursue compensation for damages.
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