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Denver Personal Injury Law Blog

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Gov. Polis has declared legal services as essential and so are your legal needs! Our law firm is still open for business and accepting new clients. While our physical office is closed to protect the health and safety of our employees and clients during the evolving COVID-19 Coronavirus situation, we are offering new and current clients the ability to meet with us via email, telephone or through videoconferencing.

Points to know about standard of care

Medical professionals are subjected to standards when they're caring for patients. When someone doesn't receive the care they should, they might suffer harm. The injured patient might claim that they didn't receive care that was up to that set standard, but this is a difficult claim to prove.

One factor that makes it hard to prove this is that the standards aren't the same for all doctors. Instead, there are various factors that can change the standard of care. For example, you would expect to receive a higher level of care from an oncologist for a cancer diagnosis than you would receive from a general practitioner.

Tomazin, Hillyard & Clor Named As 2020 Super Lawyers

We are proud to announce that attorneys Penelope L. Clor, Kenneth R. Fiedler, Neil A. Hillyard and Thomas J. Tomazin from Tomazin, Hillyard & Clor, LLP, have been selected to 2020 Colorado Super Lawyers. Our personal injury attorneys work passionately and ethically to recover compensation for our clients, and it shows. No more than five percent of attorneys are recognized by the Super Lawyers list in Colorado.

Super Lawyers is a rating service for attorneys who are outstanding for their professional achievements and peer recognition. The lawyers are selected through a process that includes peer nominations, peer evaluations and independent research.

Caffeine may not be the solution for fatigued trucking

Truck drivers often have to drive for long shifts, spending hours on the road and facing pressure to deliver cargo as quickly as possible. Fatigue is one of the most serious problems facing the trucking industry, and tired truckers are more likely to cause accidents. When sleepy, many of the men and women who drive these types of vehicles reach for a caffeinated beverage. 

Like many others, you may rely on coffee, an energy drink or soda to help you stay awake. Caffeine can provide a temporary fix to sleepiness, but studies have found that it may actually make things worse for Colorado truck drivers. There is evidence that high caffeine consumption is actually connected with a higher chance of truck accidents and risky accidents.

Daylight saving time can increase likelihood of traffic accidents

A University of Colorado study found that there are more car accidents immediately after a time change than there are the rest of the year. This study comes on the heels of other daylight saving time studies, which found that individuals are more likely to suffer heart problems or workplace injuries following spring daylight saving time when people move their clocks forward one hour.

Based on the records analyzed, researchers at the University of Colorado concluded that there is a 6% increase in fatal auto accidents in the U.S. during the first week following the spring time change. In cities that are on the western edge of their time zones, this accident rate is even higher. One of the reasons for this may be that areas on the western state borders already have a later sunrise and sunset to begin with, which contributes to residents getting less sleep. Another reason that traffic accidents may increase across the nation is that employees have to drive to work in the dark after the spring time change.

How marijuana legalization may be affecting car accident rates

Many people enjoy using marijuana in a recreational sense. Though it is illegal in many places, advocates say that you can consume it in a way that is safe and pleasurable, much like the way adults legally consume alcoholic beverages. Others have a concern that marijuana may pose similar dangers, particularly when motorists use it before driving.

Colorado legalized the use of recreational marijuana several years ago. Whether you agree with this measure or not, recent statistics show a concerning trend with cannabis use. The rate of car accidents increased significantly after legalization. Some believe this is reason enough to revoke that right, while others stress that doing so would be an overreaction. Whatever side of this debate you fall on, safety should be everyone's priority, starting with understanding exactly what's going on.

Preventing medication errors in 5 steps

According to the American Academy of Family Physicians, four out of five adults in Colorado and across the U.S. take prescription medications, over-the-counter drugs or supplements at least once a week. In fact, a third of adults take five or more medications at the same time. Without the proper precautions, this can lead to a medication mistake that leads to a dangerous adverse drug event. The five tips below are meant to prevent this from happening.

First, patients must use all medication correctly and do nothing without a doctor or pharmacist approving it (for example, cutting pills). Never chew non-chewable pills or measure out a dosage using ordinary silverware. Second, they should know what the right dosage is to begin with. The amount will differ for children and adults. A third tip is to correlate that dosage to weight and height. Patients should be especially honest about their weight.

Can more be done to stop car accidents due to distracted driving?

Car crashes happen for a variety of reasons. When that reason is something preventable, it only exacerbates the tragedy of the event. Families of victims may struggle to understand the reasoning behind a negligent driver causing a crash that injures or even kills someone. One common and preventable cause of car accidents is distracted driving.

Though most people understand why distracted driving is dangerous, and many states have implemented laws to stop people from doing it, it still happens every single day. Here in Colorado, there are laws to discourage people from using cell phones while driving, but if you or a loved one has ever been in this kind of crash, you may wonder if those laws go far enough. The issue is more complex than you may realize.

Steps to take after your car accident

A car accident can be a disorienting and confusing experience. You could be facing painful injuries, medical bills and other accident-related complications that are difficult to navigate. It's normal to find this experience overwhelming, but there are things you can do that will help you walk through the entire post-accident process.

Through specific steps at the scene of the accident and in the days and weeks after, you can work to protect your interests and secure what you need for recovery. When you know what to do and what to expect, you will have a better chance of successfully getting what you deserve from the insurance company or from filing a civil claim. Even with these steps, however, many accident victims find it beneficial to secure legal counsel after a motor vehicle accident.

Car safety standards may be due for an upgrade

Safety rankings play a key role in helping buyers in Colorado and throughout the country determine if a vehicle meets their needs. As buyers tend to purchase vehicles that have higher ratings, it has encouraged automakers to create products that have a greater number of safety features. However, some believe that the system that is in use today is outdated and should be changed. For instance, it could be beneficial to test pedestrian detection systems before a car is sold to consumers.

However, there is no such test that is widely conducted in the United States. The federal government has also said that it will create crash test dummies that are more representative of those who drive or ride in newer vehicles. There is also a call to use available data to determine how safe a car is on the road.

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