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Facts About Pedestrian Accidents in Colorado

Colorado is a beautiful state filled with natural scenery and interesting places to visit and enjoy. As with many cities that are big tourist attractions, there are usually many pedestrians in Colorado that are walking and biking around in different towns. Unfortunately, when there are many pedestrians in one area, the likelihood of an accident is much greater. Walking on a sidewalk or on a marked crosswalk should ensure that you are safe, but Colorado has witnessed multiple pedestrian accidents involving motor vehicles and pedestrians. These pedestrian accidents have resulted in catastrophic injuries because vehicles involved in these incidents are often speeding or driving recklessly. Here are some statistics related to pedestrian accidents in Colorado.

What Are the Facts?

In order to understand pedestrian accident statistics in Colorado, it’s important to see how these facts compare to the rest of the country. According to the most recent statistics from the National Highway Traffic Safety Administration, there were about 70,000 pedestrians that were injured and around 5,300 pedestrian fatalities in traffic accidents in 2015. Compared to numbers in 2012 (there were about 3,700 fatalities), this number has increased nationally. In the state of Colorado, 76 pedestrians were killed out of the overall 471 people killed in all motor vehicle accidents in 2012. This equals to about 16 percent of all traffic deaths and a rate of 1.47 pedestrians killed for every 100,000 people.

So, what do these statistics mean for the state of Colorado? These numbers are actually pretty average compared to the national rates, so Colorado is not more or less dangerous for pedestrians. As a mode of travel, there is always some risk of walking. However, walking still remains one of the healthiest and inherently safe modes of transportation and physical activity, especially in a city or busy town.

If you have been injured as a pedestrian in Colorado, our Denver personal injury attorneys are here to help you recover. Consult with us today to learn more on how we can represent you and help you get compensation for your injuries.

Do I Need a Police Report to File a Personal Injury Claim?

If you were injured in an accident that was due to the negligence of another individual, you are probably considering filing a personal injury lawsuit. However, you might be wondering what you need in order to properly file your claim. One key component that is involved immediately after your accident occurs is a police report. Often, car accidents do not involve a police report, because either the accident was legally reported, or no law enforcement was contacted. Having a police report can be advantageous for your case, but there are other possible ways to win your case without one.

Other Methods of Investigation

Police reports are helpful for your personal injury case, because they will give more details and facts of the accidents based on the officer’s objective observations. Fortunately, police reports are not the only way to receive the right evidence needed for your case. One option is to hire a private investigator; private investigators will collect evidence and contact other witnesses in order to evaluate who was at fault in your accident. You can also find additional reports and records to support your case and provide essential evidence, such as medical records, photos from the accident, and any other relevant documents that will prove your injuries. Lastly, don’t hesitate to bring your own testimony to court. You were the witness to your own accident and injuries, so your personal testimony will help provide an accurate timeline of what happened.

If you were injured in a car accident and there was no police report present, you shouldn’t worry. You have other options in order to present your case and receive justice for the negligence committed against you. Our accident attorneys will present the best case for you in court, and we will ruthlessly advocate for you. Contact us today for your free consultation.

Can I Sue the Military for Wrongful Death?

Losing a loved one that was in the military is a devastating incident, and it can leave your family lost and defeated. Once you and your relatives receive details of your loved one’s death, you might feel that your family member died due to negligence or another wrongful circumstance. It’s important to know that if you are interested in suing the military for wrongful death, you are technically suing the federal government. This means that you would have to sue them under their permission, as in you would perform any actions under these three laws that will help you settle a lawsuit.

  1. The Federal Tort Claims Act: This law will waive the federal government’s sovereign immunity under specific circumstances. It allows people to collect any damages from the government for injury, property damage or death caused by the negligence of federal employees during their employment.
  2. The Military Personnel and Civilian Employees’ Claims Act: This pays military and civilians up to $40,000 for any loss, damages, or destroying of personal property, as well as any injuries or death.
  3. The Military Claims Act: If there are any plaintiffs filing for military-related claims, they can settle any property loss, personal injuries or wrongful death claims for up to $100,000.

These three federal laws will assist you during your wrongful death claim, and they will help compensate you for any other damages or property loss during this hard time. If you believe that you lost a loved one in the military due to the negligence of another individual or party, you should first talk to a wrongful death attorney. Our Denver wrongful death attorneys will work hard to get justice for you and your family; contact Lampert & Walsh, LLC today.

How is Liability Proven in a Personal Injury Claim?

Proving liability can be tough in some legal cases but usually, determination of liability with depend on whether it can be proven that someone acted in a negligent manner or not. It must be further proven that this negligent behavior further led to an accident and injury. It’s easy to accuse someone for being at fault for an accident and they are further responsible for paying damages. However, you must determine who is legally at fault first before proceeding with your demands.

Basically, accidents that happen due to carelessness must determine who was the least careful. The least careful party will usually be found at fault for a portion or all damages caused in the accident.  Legal liability is determined by this carelessness and by more than one of these scenarios:

  1. The injured party was not in a place where they should have been, so the negligent party did not necessarily have to act careful around said party.
  2. Comparative negligence means that both parties were partially responsible. Compensation could also be reduced.
  3. If an employee causes an accident while working within the scope of their employment, the employer could be held liable for damages.
  4. Dangerous property of products could find owners and manufactures liable for any injuries caused.

It is possible for more than one person to be liable in a personal injury claim, say for example, such as those involved in a multiple car accident. Most state law states that any one person in the accident could be found liable for the injury and should compensate you in full. Keep in mind, however, that you own carelessness could affect the outcome of your claim. If it is found that you also acted carelessly and were partly to blame for the accident, you might not get as much compensation as you initially expect.

If you’re filing a personal injury claim, it is recommended that you reach out to an experienced attorney. The personal injury lawyers at Lampert and Walsh, LLC can look over your case and determine how to help strengthen your claim. Schedule a consultation today.

What Damages Can Be Paid in a Pedestrian-Car Accident Case?

In most car accidents, focus will be on placing fault on the negligent party, or the careless party responsible for causing the accident. Some car accidents result in injury, with the injured party usually seeking compensation for his or her injures. However, what damages can actually be covered in an accident claim?

Medical Expenses

When a driver hits a pedestrian and as a result injures the pedestrian, it’s expected that the driver is responsible for paying for the pedestrian’s injuries. Sometimes it is possible, however, for complications to arise regarding what actual injuries should be covered. For example, say an elderly person crossing a sidewalk gets hits by a driver, the impact minimal enough to merely knock the elder over. If the elderly person suffered minimal injury and was of average health, he or she could have possible walked away from the accident unscathed. However, if the elder has a heart attack as a result of shock from the accident, would the drive be liable as well for this heart attack? In most cases, the answer would be yes, because the distracted driver’s negligence results in the accident, the fall, and the heart attack. The driver would be liable for all the elder’s injuries caused by the accident.

Lost Wages

As a result of getting hit in an accident, a pedestrian could miss out on days of work and essential wages for their living expenses. If liability is placed on the driver regarding the accident, the driver can be found responsible for paying for the pedestrian’s lost wages. The cost could be high or low dependent on the patient’s recovery time. For example, say a woman in an accident sustains a concussion. She may be out of work a week, and that week of missed wages will have to be paid for by the driver. However, if this same pedestrian sustains an even more serious injury, like a broken back, her months of recovery out of work could cost the driver a pretty penny in lost wages.

Pain and Suffering

One of the more controversial types of damage, it’s hard to place a price on pain and suffering. There isn’t a certainty of how much money covers months of misery or years of suffering through injuries. The driver, if found liable for causing pain and suffering because they struck a pedestrian, can still be found responsible and pay damages. It will be up to the court to decide whether to award and how much to award for pain and suffering damages. Calculations will be dependent on the severity of the injuries sustained in the crash.

If you’ve been struck by a negligent driver and are seeking compensation, contact an injury attorney as soon as possible. The experienced accident lawyers at Lampert and Walsh, LLC are prepared to get you the justice you deserve for your pain and suffering.

Wrongful Death Lawsuits in Colorado

The state of Colorado has a set of laws surrounding wrongful death lawsuits just like any other state. These laws dictate what it means when a wrongful death occurs, who can file a wrongful death lawsuit, how damages will be paid, and how much time can pass before someone is unable to file a wrongful death lawsuit. These lawsuits are treated as civil cases rather than criminal and can include scenarios such as car accidents, slip and falls, and even deaths caused by defective products.

In Colorado, the following people can file a wrongful death lawsuit:

  • Surviving Spouse: the surviving spouse of the deceased is the ONLY person allowed to file a wrongful death lawsuit in the first year of after the death.
  • Surviving Children: the surviving children of the deceased may file a claim two years after the death. The surviving spouse can also submit a claim during this time.
  • Surviving Parents: if the deceased has no surviving spouse or children, the parents of the deceased can file a wrongful death claim
  • Survival Action: This can be filed by a representative of the deceased’s estate to recover damages for certain estate losses.

The statute of limitations in Colorado regarding wrongful death lawsuits states that such lawsuits must be filed within two years of the death. The law further restricts who can and when they can file the lawsuit. As mentioned before, during the first and second year, surviving spouses can file the wrongful death lawsuit. Surviving children and parents can file a wrongful death lawsuit only during the second year. Surviving parents can also file a claim if no spouse or children survived the deceased at any time.

Monetary damages are commonly paid to the survivor if they win their wrongful death lawsuit. These monetary damages are assessed by the jury, or a judge if there is no jury. Damages for losses can include:

  • Lost benefits such as life insurance
  • Salary of wages that the deceased could have earned had they been alive
  • Medical expenses
  • Funeral cost
  • Loss of companionship

The amount of damages paid out will be dependent on the facts of the case. If you’re having trouble receiving the justice you deserve for the wrongful death of a loved one, contact an experienced attorney. The Denver attorneys at Lampert & Walsh, LLC have been successfully fighting for the rights of wrongful death survivors in Colorado for decades. Call us to set up a free consultation to discuss your situation.

Traumatic Brain Injuries Commonly Caused by Negligence

More than 50,000 Colorado residents suffer from traumatic brain injuries, according to Brain Injury Alliance Colorado. Brain injuries can be caused by participating in athletic activities, falls, car accidents, even bicycle crashes. Injuries sustained can be anything from bumps to concussions, but the end results can be severe, such as coma or death. Commonly, traumatic brain injuries are caused by negligence.

Brain injuries are commonly caused by falls or car accidents. The most common injuries are concussions and contusions. Concussions are usually mild injuries caused by a sudden jolt to the head or neck. This causes the brain to move inside the skull and injure nerves and other necessary components. A contusion, on the other hand, is usually the result of blunt force trauma. The force of impact causes the brain to bleed internally. For mild brain injuries, observation and a few weeks of recovery can help treat the injury. For more severe injuries, emergency surgery could be one form of treatment.

Negligence defines reckless or careless behavior that can result in someone’s injury. Negligence claims will require the injured party to prove that the allegedly negligent party was responsible for their injuries. To win their case, the injured party must show:

  • That the law required the negligent party to act in a careful manner
  • The negligent party did not act with care around the injured party
  • The negligent party’s behavior resulted in the brain injury
  • The injured party suffered injuries measurable under the law

However, proving that negligent behavior caused a brain injury can be quite difficult. Brain injuries themselves can be complicated and can also be difficult to detect. It’s recommended to not only gather as much evidence as possible surrounding the accident and the resulting injuries, but also to contact a personal injury lawyer experienced in brain injury cases. If you, or a loved one, contact a lawyer, be prepared to answer questions surrounding the crash, the injuries sustained in the crash, what medical treatment you received, the doctor’s diagnosis, and any other evidence that could strengthen your case.

If you or a loved one suffered a traumatic brain injury due to someone else’s negligence, contact an experienced attorney today. The personal injury attorneys at Lampert and Walsh, LLC will do their best to get you the compensation you deserve for your pain and suffering.

71st PostGraduates Assembly in Anesthesiology Held in New York City

This past December, the 71st PostGraduates Assembly in Anesthesiology kicked off in New York City. The gathering attracted over 4,000 attendants from around the world, all interested in learning about the latest developments in anesthesia tech and science. The assembly offered over 200 educational sessions, special lectures, and even hands-on workshops for attendees to enjoy. The goal of the assembly was to bring folks together and have them share, expand, or develop new ideas in intensive care, emergency medicine and surgery, and pain management.

During the assembly, symposium director Edmon Cohen led the 4th Annual Thoracic Assembly Symposium, in which attendees were encouraged to take part and learn how to:

  • Manage anesthetic care for patients having invasive airway surgery, including tracheal injuries.
  • Understand recent developments in one-lung ventilation and how to minimize loss of oxygen to the limbs during one-lung anesthesia.
  • Discuss recent innovations in anesthesia for lung transplant patients.

Injuries caused by anesthesia continue to be a problem in the United States. Just recently, a California child lost her life during a dental appointment. According to the report, the child had a negative reaction to the anesthesia during dental procedures causing her heart to stop. While it is true that these types of death fell to about 4.6% in 2013, the rate has stayed consistent since then. Hopefully events such as the PostGraduates Assembly will continue to bring about improvements to medical practices and lower the percentage of anesthesia-related injuries in the near future.

If you’ve been injured due to medical malpractice or negligence, reach out to the experienced lawyers at Lampert & Walsh, LLC. We’ll look over your information and help you make the best decision to move your case forward.

Colorado Child Tragically Loses Life to Pharmacy Error

A Colorado pharmacy has come under investigation after one of its patients tragically lost their life due to overdose caused by a pharmacy error. According to the grieving mother, her child was hospitalized after taking 1,000 times his normal dosage of Clonidine, a medication used to treat Attention Deficit Hyperactivity Disorder or ADHD. The child suffered swelling of the brain and was rushed to the hospital and treated. After being released from the hospital, the child once again suffered the same symptoms in early June and tragically lost their life. The pharmacy which prescribed the 30 mg tablet, instead of the child’s usual 0.3 mg dosage, admitted to having made another mistake in the dosage.

Who is Responsible for Pharmacy Errors?

Pharmacy mistakes commonly involve prescribing the wrong medication, failing to warn a patient about a dangerous drug side effect or, like in the case of the Colorado child mentioned above, prescribing the wrong dosage of medication. When a patient is harmed by a pharmacy error, patients may be able to file a medical malpractice claim. Legal responsibility in these cases can fall to:

  • The doctor who prescribed the wrong medication
  • A pharmacists who prescribed the wrong dosage
  • The drug manufacturing company for selling dangerous drugs

However, patients may find it hard to collect evidence to prove their case. Issues arise in proving that a medical or pharmacy error caused the patient injury, rather than say the  worsening of the original medical condition. It is recommended to reach out to an experienced medical malpractice lawyer to handle these tough cases. Contact us, Lampert & Walsh, LLC for a free consultation. Our lawyers have years of experience handling medical malpractice cases and can assist you in advancing your case.

Intoxicated Pedestrian Fatally Struck By Driver: Who Is Liable?

A 42 year old driver fatally struck a pedestrian in Denver, Colorado in mid-December last year. In this particular case, however, the driver may not be charged with anything due to officers’ suspicions that the pedestrian was intoxicated when he crossed the road. According to the report, officers investigated witness testimonies, tested the driver’s blood alcohol level, and even looked into the exact location that the pedestrian crossed the street.

The officers found that the driver was not intoxicated during the crash. Further, it seemed that the pedestrian who was fatally struck had crossed the same road twice and chose to avoid using a crosswalk in both instances. Also, the area in which the accident occurred had no lighting, reducing the visibility for the driver and increasing the chances of an accident. Police, after studying the evidence, suspect that the pedestrian was intoxicated during the crash and did not find the driver liable for the fatal accident. As of yet, the driver has not been charged.

Are You Liable if You Hit an Intoxicated Pedestrian?

It all depends on the circumstances regarding the accident. Drivers are held to high expectations of safety and care when driving a vehicle. They are expected to keep strict control of their vehicle, be alert at all times to traffic and pedestrians, and must be able to respond accordingly to any changes on the road. For example, if a driver is driving at a lower speed limit but sees a child start crossing the road, the driver is expected to slow down and is responsible for changing their driving behavior to ensure the safety of the child. Should the child be hit even after the driver noted their presence but made no attempt to slow down, the driver may be liable for that child’s injury or death.

In the case of the drunk pedestrian, police studied the driver’s reaction time before and after the crash. It was noted that the driver had their headlights on, was not intoxicated, and drove as carefully as he could in a dark environment. It was further noted that the pedestrian may have been intoxicated and chose to cross the road in an unsafe manner rather than use a crosswalk to safely cross. In addition to a poorly lit street, police found that the driver could not have anticipated nor avoided the collision between the vehicle and the pedestrian. In cases where the driver was being careful but could not avoid the accident due to a pedestrian’s unsafe actions, drivers are not usually found liable.

Unsure if you’re liable for a pedestrian’s injury? Contact our law firm today. We have years of experience handling these delicate matters and will help in determining the next best step for your case.