Shortly before Thanksgiving, two Colorado concrete workers lost their lives in a tragic motor vehicle accident. The men, ages 47 and 27, were on the job at a construction site located at the intersection of Colorado 470 and Broadway in Douglas County. Like a lot of car accidents, this one raises a number of important legal issues.
The Colorado State Patrol suggested that the crash got its start when a 74-year-old man from out of state exited C-470 onto Broadway. Driving a Subaru that was owned by a relative, the man was visiting family for the Thanksgiving holiday. The elderly driver claims that the car would not stop, and it crashed through the construction site, killing the two workers. Family members of one victim went to the crash site after hearing of the accident.
The Colorado State Patrol had investigators on the scene to recreate the car accident in an effort to determine exactly what occurred. No charges have been filed, and authorities are awaiting the results of a full inquiry. The Subaru will be inspected to determine if a mechanical problem caused or contributed to the fatal accident. The Subaru driver and his wife appear to have escaped the collision without suffering serious injuries.
When workers that are on the job are victims of car accidents, workers' compensation benefits typically apply. These Colorado employment benefits, however, do not preclude the surviving family from seeking additional damages through the filing of wrongful death claims in civil court. The official investigation will likely focus on issues of driver negligence and/or mechanical failure. If the evidence suggests that the driver or another party responsible for maintenance of the Subaru was negligent in a manner that proximately caused the fatal accident, Colorado courts may consider claims for monetary reimbursement for pain and suffering and other damages recognized under our laws.
Source: 9news.com, "3 families devastated by fatal crash at C-470 and Broadway," Will Ripley, Nov. 21, 2012