VanMeveren Law Group, P.C.VanMeveren Law Group, P.C.2024-03-12T04:55:15Zhttps://www.vanmeverenlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503481/2021/03/cropped-site-favicon-32x32.pngOn Behalf of VanMeveren Law Grouphttps://www.vanmeverenlaw.com/?p=550352024-02-06T19:55:24Z2024-02-06T19:55:24ZWhat happens if the injury is serious?
Sometimes, pedestrians suffer serious injuries when a car hits them. These injuries can cause devastating changes to a person’s life, not only physically but also emotionally and financially, and they can affect their ability to work, live a normal life and strain their relationships.
Your legal rights
If you are in this situation, you may receive compensation for your injuries. Especially in situations where you were following the rules, for example, walking across the street at a crosswalk, respecting stop signs and following the law, the driver could likely be at fault.
Drivers often drive distracted, whether by cellphones, passengers in their vehicles, loud music, eating inside the car or anything that takes their eyes off the road. This can lead to them hitting a person who is walking, jogging or running, even if they are completely innocent.
Compensation
If someone hits you with a car and you get hurt, you may request money from that person. This money can cover your past and future medical expenses, lost wages if you cannot work because of your injury and money for your pain and suffering.
Usually, individuals in these situations secure an attorney to advocate for them because they know how to deal with insurance companies. It is critical to understand that insurance companies are not necessarily your enemies but they don't always have your best interests at heart and they're looking to save their company money.
If they can pay you less, they will. However, that may not be enough for what you need, and it may not be just based on the circumstances of the accident. Your attorney can negotiate with the insurance company to get you the compensation you deserve or litigate the issue if the insurance company settlement offer is unreasonably low. In these cases, most people also have attorneys who skillfully craft a strategy that adequately reflects the important facts of the case, as the law sees it, to represent them in court.
The judge or jury can decide regarding the driver's fault and the amount of money the other party should pay you.
Statute of limitations
In Colorado, there is a time limit for filing lawsuits, which is called a statute of limitations. For personal injuries, you have three years from the date the accident happened to file a lawsuit. If you miss the deadline, your claim will be dismissed and you cannot ask the court for compensation.
It is also important to note that Colorado has “comparative fault” laws, which apply to cases where both the driver and the pedestrian are both at fault for the accident.
In these cases, you may receive a percentage of the award based on how much fault you had in the accident. If you are over 50% at fault, your claim will be denied or dismissed.
If a car strikes you while you are walking in Colorado, knowing your rights can make a vast difference in the outcome of your life and your ability to receive the compensation you deserve.
Knowing how the courts manage these cases and what the law says, as well as how your attorney would approach the case in terms of strategy, can be critical to doing all you can to position yourself for the best possible outcome.
While a win is never guaranteed, having an experienced attorney who deals with these cases specifically and understands what you are going through will not only provide you with emotional support, but you will also have peace of mind knowing that you do not have to worry about managing the case anymore and someone else is working for you to protect your interests.]]>On Behalf of VanMeveren Law Grouphttps://www.vanmeverenlaw.com/?p=550032024-01-19T17:20:19Z2024-01-19T17:20:19ZTexting and driving
One of the most common and dangerous distractions is texting while driving. When you are busy sending or reading a text, your eyes are off the road and your hands are off the wheel.
It only takes a split second for something unexpected to happen, and that moment of distraction can lead to a devastating outcome. If you are at fault in an accident due to texting while driving, you could get into serious trouble with the law and face costly civil claims.
Talking on the phone
While chatting on the phone might seem harmless, it can be a significant distraction. Whether you are holding the phone in your hands or using a hands-free device, either act is dangerous.
When you speak on the phone while driving, you divide your attention between the conversation and the road. It is essential to keep your focus solely on driving to avoid accidents.
Eating and drinking
Having a quick snack might seem like a fast task, but it takes your hands off the wheel and your attention off the road. It can also take your eyes off the road.
If you drop food or spill your drink, you will inevitably focus on that for a second, and that short amount of time is all it takes to put your life and the lives of others at risk.
Grooming
If you commute to work, you know the rush that typically comes with getting in the car in the morning and driving to work while still getting ready and making sure you have everything you need.
Small actions like fixing your hair or applying makeup, even at a stop sign or red light, can cause you to take your eyes off the road and divert your attention from the surrounding traffic, which is dangerous.
These dangers are obvious, and the risks of distracted driving are clear. The good news is that we can all play a role in making our roads safer. By staying focused, avoiding distractions, and encouraging others to do the same, we can help prevent accidents and save lives.
Remember that when you are behind the wheel, your only priority should be driving, and every one of your senses should be free during the time you are driving. Understanding this will help keep you and everyone else on the road safer and, hopefully, less likely to be involved in an accident.]]>On Behalf of VanMeveren Law Grouphttps://www.vanmeverenlaw.com/?p=549932023-12-20T00:25:05Z2023-12-20T00:25:05Zany new method of transport comes the possibility of serious accidents that result in equally severe injuries. Only some people will take the time to learn the rules to stay safe, an essential factor before taking to the road.
As e-scooters become increasingly popular as a mode of transportation, it is crucial to be aware of the potential dangers they pose. While they offer convenience and a fun way to get around, it is important to prioritize safety and understand the risks involved.
Here are some key points to consider:
Unsafe riding practices: Many incidents involving e-scooters occur due to reckless riding behaviors. It is essential to follow traffic rules, avoid speeding, remain attentive and always be aware of your surroundings.
Lack of protective gear: Riders often neglect to wear appropriate safety gear such as helmets, knee pads, and elbow pads. Wearing protective gear significantly reduces the risk of severe injuries in case of an accident.
Uneven road conditions: E-scooters are susceptible to accidents caused by uneven road surfaces, potholes, or debris. It is crucial to be cautious and attentive while riding, especially on unfamiliar routes.
Collisions with pedestrians and vehicles: E-scooters can pose a danger to pedestrians and other vehicles if not operated responsibly. Always yield to pedestrians, use designated bike lanes when available, and be mindful of other vehicles on the road.
Malfunctioning equipment: E-scooters may experience technical malfunctions, such as brake failures or sudden power loss. Before riding, ensure that the scooter is in proper working condition and report any issues to the rental company.
It is crucial we educate ourselves and others about these risks to ensure the safety of both riders and the community. By practicing responsible riding habits and promoting awareness, we can minimize accidents and create a safer environment for everyone.
If you have any questions or concerns regarding e-scooter safety, please do not hesitate to reach out us at www.vanmeverenlaw.com. Your safety is our top priority.
Stay safe and ride responsibly!]]>On Behalf of VanMeveren Law Grouphttps://www.vanmeverenlaw.com/?p=549962023-12-18T18:20:17Z2023-12-18T18:20:17ZEmployers often have financial responsibility
Employment arrangements largely dictate who has financial and legal liability for a wreck caused by a delivery driver. There is little question about liability if the delivery driver is an employee. The legal concept of respondeat superior creates vicarious liability for an employer.
When a worker causes harm to others through negligence, the company is often liable. Typically, employees for companies like Amazon or FedEx do not have personal financial responsibility for any crashes they cause while on the clock. The company's insurance policy can help reimburse those affected by the wreck.
However, things may be less clear if the delivery driver is an independent contractor driving their own vehicle. Usually, delivery drivers have to carry insurance like everyone else on the road. Those policies can help reimburse people after a crash. Sadly, the coverage available is likely far lower than what people might receive when making a claim against a business policy.
When coverage is too low to adequately reimburse the people affected by the wreck, the possibility of making a claim through your personal auto insurance carrier or filing a lawsuit might arise. In each scenario, an evaluation of the various types of insurance that apply and a careful analysis to determine whether the driver or the company that hired them as an employee or an independent contractor are both important steps before agreeing to any settlement.
A thorough review with an experienced personal injury attorney of the details of a crash caused by a delivery vehicle and the various types of insurance that may apply will help those hurt in such crashes hold the right party accountable. Please contact VanMeveren Law Group at www.vanmeverenlaw.com should the unfortunate need arise to properly evaluate this scenario.]]>On Behalf of VanMeveren Law Grouphttps://www.vanmeverenlaw.com/?p=549332023-12-18T18:18:53Z2023-10-03T17:59:58ZNighttime
Driving at night is by far the most dangerous time to drive. Limited visibility can lead to a driver missing an object that is in the middle of the road, missing traffic signs or construction sites.
If you are not used to driving late at night, you are especially prone to being in a car accident at night because you can fall asleep at the wheel. Your body is used to sleeping during those hours, and it's difficult to fight your body so you can remain awake.
It is common to feel drowsy and sleepy at night. If you must drive during this time, try driving with someone else, take frequent breaks, ensure you are well-rested and that you are not taking any medications that could impair your ability to drive.
Weather conditions
Driving in adverse weather can be dangerous for many reasons, especially in the winter and in areas of the country where there is snow and ice. Even if you are driving in a milder climate, you can still be at risk due to wind, dust storms, fog and other natural disasters, such as hurricanes and tornadoes.
Rush hour
Driving or cycling to and from work during rush hour is also a dangerous time to be on the road. Traffic congestion is high, and people are in a rush to reach their destination. The constant stop-and-go can also cause drivers to reach for their phones while they are stuck in traffic and listen to loud music, which can be distracting and lead to inattentive driving.
Driving and cycling on our busy roadways will always carry risks. Traveling during daytime hours, in good weather and being well rested to can all help reduce your exposure to accidents. Remaining alert and being knowledgeable of the risks can help you plan, look for alternative routes when necessary and foresee potential issues before they happen.]]>On Behalf of VanMeveren Law Grouphttps://www.vanmeverenlaw.com/?p=548832023-09-19T19:03:56Z2023-09-19T19:03:56ZTaking Basic Steps
Your first priority after a car accident is your health. If you are hurt, getting medical attention is the most important thing to do after a car accident.
Other basic steps to take after an accident include:
Getting the name and contact information for the other driver in the accident
Exchanging car insurance information with the other driver
Reporting the accident, both to the police and to your insurance company
Taking pictures of the vehicle damage and your injuries
Reaching out to an experienced injury attorney to evaluate your case
Avoiding costly mistakes
If you are well enough or sometimes even if you are not, the other party, insurance company or investigators may approach you to speak with you. Do not speak with them, provide written statements or sign anything. Your only obligation is to cooperate with the police investigating the crash and your insurance company.
It is critical to avoid making any statements that could hurt you. It is always best to let your attorney do the talking.
Do not admit fault.
Do not admit fault or apologize for anything. Speak only after you speak with an experienced attorney, and only if they advise you to.
Avoid speaking at all, if possible.
Refuse to speak with the other driver’s insurance company and let your attorney do the talking. Remain calm and understand that insurance companies do not represent your best interests.
]]>On Behalf of VanMeveren Law Grouphttps://www.vanmeverenlaw.com/?p=547142023-08-28T18:22:13Z2023-08-28T18:22:13Ztragic example. The professional cyclist was rising to fame in the mountain bike world when he was struck from behind on a training ride. Enforcement officers state that the 23-year-old driver was not speeding or under the influence of drugs at the time of the crash.
We can speculate the cause. Perhaps the driver was distracted, on a phone at the time of the crash or otherwise not focused on the road. Although the answer could help catalyze legislation to increase the safety of the roadways for bikers, it is generally best in these early stages to leave these questions to investigators. Once more information is available, we can lean into potential changes to reduce the risk of similar accidents in the future.
Until then, those of us within the cycling community can help celebrate the memory of this young man by continuing to ride and encourage love of the sport. We can also remind each other of the steps we can take to stay safe:
Visibility. Make sure to increase visibility when on the road. This can include use of lights and reflectors as well as wearing bright clothing.
Gear check. Do a quick check of the bike before every ride to make sure it is in good working order. Check everything and adjust the helmet fitting before starting the ride.
Awareness. Pay attention to surroundings. Make sure that you listen for potential dangers and focus on the environment around you while riding.
Even when someone follows the rules and does all of these things, a crash can still occur. But when this happens there are legal remedies available to hold a driver responsible for their negligence. Although these remedies do not heal our wounds or bring back loved ones, they can help in the healing process and serve two important goals: accountability and deterrence. These legal remedies help to hold the responsible party and their insurance provider accountable for the wrongdoing while also sending a message to the community that we expect drivers to operate their vehicles with care and a failure to do so will come with repercussions.]]>On Behalf of VanMeveren Law Grouphttps://www.vanmeverenlaw.com/?p=546842023-09-26T17:43:46Z2023-08-22T18:16:01ZStep 1: Submit your bills to your health insurance provider first.
The first party that you should turn to for financial assistance after you have been injured in an accident is your health insurance company. Depending on your levels of coverage, you will have to pay some portion of your expenses, up to your deductible, along with co-pays, while the remaining balance will be paid for by your health insurance coverage. However, as you will see in steps 2 and 3 below, you can recoup the money you spent on your deductibles, co-pays and medical services not covered by health insurance. Be wary that your health insurer, Medicare and Medicaid all have rights of subrogation for reimbursement from you if you ultimately recover money for your medical bills from the insurance company for the driver that caused your harm or from your underinsured motorist coverage.
Step 2: Send any remaining bills to your auto insurance provider.
Auto insurance companies are required under Colorado law to offer up to $5,000 of medical expenses for unexpected motor vehicle accidents. This medical payment coverage, called "Med Pay" for short, will more than likely not be sufficient for all of the treatment that you receive from your accident, but it can fill some important gaps in your health insurance coverage and cover items like chiropractic care that may not be covered by your health insurer. Importantly, in Colorado, you do not have to pay back your med pay provider for claims that Med Pay covers, even if you receive compensation from the responsible driver’s auto insurer for the same medical bills.
Step 3: Get compensation from the driver who injured you and their insurance company.
The final step is for you to submit a demand for settlement or file a lawsuit against the driver who hurt you to get compensation to cover the damages related to the injuries and damages you sustained from their actions. If you are successful in your demand for settlement or the lawsuit against the driver, their auto insurance provider will be responsible for paying the damages to you, up to their policy limits, whether they come from a settlement or jury verdict. Any damages over and above the at-fault driver’s insurance limits may be covered by your underinsured motorist coverage. These damages include your medical bills, past and future lost income, pain and suffering, future medical expenses, damages for any scarring, disfigurement or permanent impairments and damage to your property.
Because the rules regarding health insurance subrogation can be complicated as it relates to reimbursement rights following a settlement or verdict, make certain you contact an experienced personal injury attorney before you sign any documents related to your claim.
]]>On Behalf of VanMeveren Law Grouphttps://www.vanmeverenlaw.com/?p=546822023-08-14T16:26:11Z2023-08-14T16:26:11ZCyclists may now perform a "safety stop" at intersections
The biggest effort to change Colorado's roads for cyclists has come in the form of the Colorado Safety Stop, which changes the rules which cyclists have to follow when they approach an intersection controlled by either a stop sign or a traffic signal. There are two main ways that this has happened:
When a cyclist approaches a stop sign, they are not required to fully stop at the sign. Instead, they can "roll through" the stop sign at a speed of less than ten miles per hour so long as there is no other traffic.
When a cyclist approaches a red traffic signal, they are not required to stop and wait for the light to turn green to go straight or turn right. If there is no traffic, then they may treat the red light as a stop sign instead and proceed through the intersection once they have come to a complete stop. A left turn may only be completed on a green light, or on a one-way street.
It is important to note that these changes do not alter the right-of-way rules for cyclists. They are designed to reduce congestion at intersections and give cyclists more flexibility when sharing the road with other vehicles. When you are cycling, you must still abide by the normal road rules.
Drivers who collide with cyclists will now face greater penalties
An additional change that was made recently is designed to protect vulnerable road users, essentially all those not driving a motor vehicle who travel on the road. These new laws require that if a motorist collides with a cyclist, they will face more than a simple citation as they would before these changes.
Now, if a motorist collides with a cyclist, they will be facing misdemeanor penalties as a result. They will also be required to pay restitution to the cyclist for the damages caused, and in most cases, they will be required to take a road safety course following the accident. These stricter penalties will provide greater protection for all vulnerable road users. Hopefully, cyclists will benefit from these changes and help create a safer environment for everyone sharing the road. If you’re an avid cyclist, know your rights and responsibilities. And if you want more information on these important changes to Colorado bike law, please visit www.vanmeverenlaw.com and download a free copy of our new book: Your Guide to Road Cycling Safety in Colorado.
]]>On Behalf of VanMeveren Law Grouphttps://www.vanmeverenlaw.com/?p=546342023-07-24T23:05:19Z2023-07-24T23:05:19Z
Designating a number of streets to include new on-street parking exclusively available for cyclists and scooters to use.
Advisory bike lines on certain streets with dashed bike lanes on either side of a single center lane.
How many new parking spaces will be available to cyclists?
The city will be adding new parking locations for cyclists to seven locations throughout the town. These new parking spaces are taking advantage of locations where street parking for motor vehicles is unavailable due to normal parking restrictions, such as within 30 feet of a stop sign. This means that this new initiative will not inconvenience ordinary drivers by taking over any existing parking spaces.
Fort Collins is committed to making the city a safe and practical place to commute via bicycle and scooter, which is why the city has partnered with the electric scooter and bicycle vendor Spin to provide locals with flexible and accessible transportation options. Complaints regarding the lack of locations to park these devices in part prompted the city to add these new parking locations.
Advisory bike lines in Fort Collins
Other projects are also in process in Fort Collins to increase the accessibility and safety for cyclists in the city, including dedicated cyclist lanes to help reduce congestion on some of the more cluttered thoroughfares.
Advisory bike lanes are used in over 70 U.S. cities, including Boulder and Windsor. They are intended to improve safety by creating dashed bicycle lanes on either side of a single center lane used by motorists. When motorists need to pass an approaching vehicle, they merge into the advisory bike lane after yielding to cyclists.
The Fort Collins advisory bike lanes program began with the area from Remington Street to Stover Street and is expected to expand.
Avoiding bike accidents
These programs should help to lower the risks for cyclists and help prevent injuries that may be caused by collisions with motor vehicles.
Bicycle safety must be taken seriously. We hope these new bike initiatives will make the roads safer for all of us, but always be aware of your surroundings, ride defensively and ensure that you are taking all necessary safety precautions. Please don’t hesitate to reach out to us for a free copy of our new book on road cycling safety at www.vanmeverenlaw.com .
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