Greenwood Village Personal Injury Law Blog

Higher speed limits leading to more fatalities

On behalf of Tomazin, Hillyard & Clor, LLP posted in auto accidents on Thursday, October 10, 2019.

Research conducted by the Insurance Institute for Highway Safety indicates that rising speed limits have led to an increase in the number of roadway fatalities nationwide. Drivers in Colorado may be interested in the details of the study, which concluded that higher travel speeds have resulted in more traffic deaths even though the number of fatalities overall has dropped since 1993. Until 1995, the speed limit nationwide was 55 mph. Since then, more than 40 states have increased limits to 70 mph or more.

After looking at the number of traffic fatalities annually for the years from 1993 to 2017, IIHS researchers concluded that there were 36,760 more traffic deaths during that period than there would have been if speed limits had remained at 55 mph. The study controlled for factors like the use of seat belts, unemployment rates and the number of younger drivers in an area.

Victims of Walmart shooting cite inadequate security in lawsuit

On behalf of Tomazin, Hillyard & Clor, LLP posted in premises liability on Wednesday, September 25, 2019.

Colorado residents may remember the August 2019 shooting that occurred at an El Paso Walmart Supercenter. One family affected by the shooting has filed a lawsuit against Walmart, stating that its lack of active on-site security at the time of the incident was a form of negligence. The lawsuit poses a challenge to the long-held belief that owners cannot be held responsible for violent acts in retail stores and malls.

News media reports back up the fact that there was no discernible security presence when the gunman went on his rampage. El Paso Walmarts used to have off-duty officers on the premises, but Walmart had discontinued the practice prior to the shooting. In the wake of the shooting, Walmart returned to its original practice.

When truck drivers lack proper training, accidents happen

On behalf of Tomazin, Hillyard & Clor, LLP on Saturday, September 21, 2019.

Driving around semitrailers can be a frightening experience. These vehicles are big and heavy, and can do a lot of damage with minimal effort. If you have suffered injuries in an accident with one of these automobiles or lost a loved one, you know first-hand just how destructive they can be. Truck accidents change lives and not for the better.

Accidents involving semitrailers happen for a number of reasons. One reason that people often overlook is poor driver training. Despite what many in Colorado or elsewhere may think, not all truck drivers receive the best training available.

The principle of negligence and how it applies to your accident

On behalf of Tomazin, Hillyard & Clor, LLP on Thursday, September 19, 2019.

A car crash can happen without warning and immediately, irrevocably change your life. One moment you may be going to pick up dinner, run to the bank or pick up your child from soccer practice, and the next you could be dealing with serious accident-related injuries. You could be the victim of the actions of another person, and you may be unsure of what you should do next.

Negligence is one of the leading reasons for car accidents, but how can you prove you are a victim of this type of behavior? It's not easy to build a case for negligence, which is why it can be helpful to learn more about this legal principle and determine whether you are a victim. It is possible to hold people accountable for their decisions behind the wheel, and it is possible for you to seek compensation for your losses.

Protecting oneself against red-light runners

On behalf of Tomazin, Hillyard & Clor, LLP posted in auto accidents on Monday, September 9, 2019.

In 2017, the most recent year with complete crash data, 939 deaths were caused by drivers running red lights. This was the highest that the number had been in 10 years. The AAA Foundation for Traffic Safety says that the number of red-light running crash deaths in Colorado and across the U.S. continues to rise. In 65% of these cases, the individual who is killed is not the at-fault driver.

Besides drivers, pedestrians and cyclists also need to be aware of how they can protect themselves against red-light runners. It all begins with staying alert. Drivers, for their part, should make it a habit to not jump out into the intersection the moment a light turns green. They should pause and then accelerate while looking both ways.

Five all too frequent medical errors

On behalf of Tomazin, Hillyard & Clor, LLP posted in malpractice on Monday, August 26, 2019.

Under medical malpractice law in Colorado, those who are injured because a doctor, nurse or other medical professional failed to live up to an objective standard of care may file a claim and be reimbursed for their losses. Below are five of the most common errors that can be made in the medical field and, thus, five of the most common causes in malpractice claims.

First are diagnostic errors, particularly misdiagnosis. If patients are not diagnosed with the right condition, they will likely undergo unnecessary treatment while their real condition worsens and compromises their quality of life. Next are medication errors, which injure some 1.3 million U.S. patients each year according to the World Health Organization. The doctor may, for example, order the wrong drug or the wrong dosage.

Why do most motorcycle accidents happen?

On behalf of Tomazin, Hillyard & Clor, LLP on Wednesday, August 21, 2019.

Many people choose to ride motorcycles because they enjoy the freedom of the open road and the sense of adventure they get when they are on the bike. While bikers share the same rights as drivers of other types of vehicles, other Colorado drivers don't always understand this. In fact, the road can be a very dangerous place for bikers.

Because bikers are largely unprotected against the impact of a crash with another vehicle, a motorcycle accident can result in grave injuries or even death. It is the responsibility of each driver to know how to safely share the road with motorbikes and how to avoid accidents. Many of these types of motor vehicle collisions are preventable with caution and attentive driving.

What happens if an accident leaves you permanently disabled?

On behalf of Tomazin, Hillyard & Clor, LLP on Wednesday, August 21, 2019.

An accident can change your life in a matter of seconds. This is especially true for severe car accidents or motorcycle crashes. One moment you are driving to work, heading to the grocery store or on the way to pick up your child, and the next you are in pain and your vehicle sustained serious damage. At some point, it may become obvious to you that your life will never be the same.

While the pain may subside and you may regain some of your strength, you may not be able to go back to work. Some injuries are severe to the point that they leave a Colorado victim with limited physical capabilities, permanent exhaustion and other persistent medical needs. If you are in this situation after an accident, you may be able to move forward with a disability claim.

Monkey attack on Wayne Newton's former estate leads to lawsuit

On behalf of Tomazin, Hillyard & Clor, LLP posted in premises liability on Thursday, August 15, 2019.

During a tour of Wayne Newton's former estate in Las Vegas, a 15-year-old girl was apparently attacked by a monkey that was kept there as a pet. This occurred back in October 2017. Now, the mother of that girl has filed a lawsuit against both Newton and the company that owns the estate. Colorado residents should know that the plaintiff is asking a minimum of $15,000 in damages.

The estate is called Casa de Shenandoah and is both a museum and a tourist attraction. Guests can tour the 40-acre mansion with its gardens, its stables for the Las Vegas singer's horses and its collection of exotic animals. Both the mother and daughter went on this tour upon invitation. The lawsuit alleges that the pet monkey had attacked without provocation.

What you should do if a negligent driver has hit you

On behalf of Tomazin, Hillyard & Clor, LLP on Friday, August 9, 2019.

You watch as another driver drifts into your lane. You immediately try to remove yourself from his path, but unfortunately, he ends up striking you. Now, you must deal with damage to your car along with life-disrupting injuries.

Fortunately, you have the right to seek compensation for the losses you incur in a motor vehicle accident resulting from another driver's negligence in Colorado. Here is what you need to do immediately following your accident to protect your best interests long-term.