Colorado Law Legal Blog

Driving a vehicle is probably the most dangerous mode of transportation according to the National Highway Traffic Safety Administration (NHTSA). Especially when you consider that in 2007, approximately 6.2 million motor vehicle crashes and over 41,000 traffic fatalities were reported to police. That’s an average of 112 lives lost per day due to car accidents in the United States.

If you’ve been involved in a car accident your whole life flashes before your eyes, and typically, it’s difficult to think clearly because you’re in shock. That’s why it’s not only imperative to know what to do in order to protect your rights if you’re involved in a car accident; it’s also wise to pack an emergency kit containing the following items in case of a collision.

Your vehicle’s emergency kit should include:

• A cell phone
• Pen and paper
• Your medical information-including any prescription drugs, allergies or medical conditions
• A list of emergency contacts
• Reflective cones and/or warning flares
• A first aid kit
• Your vehicle’s insurance card
• The name and number for your PI attorney

Although we all do our best to prepare for the worst and drive responsibly, car accidents still occur. Worse yet, they tend to result from a number of factors that are beyond our control-such as drivers talking on cell phones, speeding, texting, reckless driving, failure to obey traffic signals, defective vehicles, and other factors like use of drugs and alcohol. When you consider all of the dangers on the road, you can understand why it’s smart to be prepared.

If you are involved in a car accident, you will likely feel shock followed by fear, anxiety and anger. All of these emotions are normal after being involved in a traumatic event like a car accident. Immediately following a car collision, follow these safety steps:

• Attempt to compose yourself by taking a few deep breaths
• Assess yourself for injuries (note that not all injuries are visible)
• Decide if it’s safe to exit your vehicle
• If you’re injured or if you can’t get out of your car
• Keep your seat belt fastened
• Switch on your hazard lights
• Call 911 immediately and give the emergency dispatcher this information:
  • Your name and phone number (in case authorities need to reach you)
  • As much detail as you can about the accident, for example, how many vehicles and people are involved, any medical emergencies or immediate dangers
  • Give your exact location-the city, street name, nearest intersection and direction
  • And finally, stay on the line until the dispatcher has all of the information they need to locate you
• Wait for emergency response to arrive

If you are uninjured and the collision is minor:

• Turn off your car’s engine
• Get your emergency car kit
• Place reflective warning cones or emergency flares around the accident site to alert oncoming traffic

Next, if you are feeling well enough, follow these steps to secure evidence and protect your rights:

1.Use a GPS to identify your location

2.If you haven’t already, call 911 and report your location

3.Check on potentially injured persons

4.Stabilize those who need immediate medical assistance

5.Photograph damage to all vehicles involved in the collision as well as any distinctive features of the road or intersection

6.Draw a rough sketch of the crash site-including the location of each car, the direction they came from, what lane they were in, etc.

7.Record the date, time, and weather conditions

8.Photograph all other drivers involved in the traffic collision

9.Take down license plates and insurance information-ask to see their driver’s licenses, record names, addresses, phone numbers, insurance companies, insurance policy numbers, and license plate numbers

10.If any drivers don’t own the car they were driving, be sure to get the owner’s information

11.Take a complete list of people involved-including other drivers, witnesses and reporting officers

Regardless of the seriousness of your car accident, you will need to contact an experienced PI attorney who will discuss your rights, tell you how to secure the proper evidence, and ensure your protection in the event of an automobile accident. Smartphone applications, such as “My Lawyer” (from Bachus & Schanker) can be uploaded for free to your Android or iPhone as a preventative measure. If you are involved in a traffic collision, the app is instantly at your fingertips with all of the vital information and tools, including:

• An accident checklist
• Tips and checklists that help you catalogue and organize photographic evidence
• Detailed steps for documenting fault, property damage and injury
• Information for collecting witness and insurance information
• A quiz to test your legal knowledge
• An overview of your legal rights
• A phone number for a free consultation
• A free initial case inquiry submission

Fort Collins, Colorado-based phil&teds is voluntarily recalling approximately 22,000 jogging strollers sold in the United States, and about 7,200 in Canada due to amputation and laceration hazards. However, unlike most defective product recalls, the strollers do not seem to pose a hazard to the child placed in the stroller, but to the consumer.
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DENVER–January 18, 2011–Pinnacol Assurance, a state government subdivision that provides worker’s compensation insurance continues to appear in the spotlight, more than six months after it was first called out for irresponsible financial activity.

The organization first made headlines in March 2010 when the Colorado Legislature considered tapping nearly a quarter of Pinnacol’s $2 billion surplus to balance the state budget. While this idea was eventually abandoned, Pinnacol didn’t stay out of the news for long.
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Ethan Saltar was just 16 years old when he was killed in a car accident in Brighton, Colorado, last September. His best friend was driving the sport utility vehicle Ethan was riding in, and when the vehicle rolled over in the crash, Ethan was ejected. Ethan’s friend was driving under the influence of alcohol. What’s even more chilling about this case is the other passenger in the car, 22-year-old Amanda Gonzales. It was her sport utility vehicle they were all riding in. Gonzales apparently gave both teenage boys alcohol–and then gave Ethan’s friend the keys to her car. The driver is being charged with vehicular homicide for his role in the accident. Gonzales is not. For Ethan Saltar’s mother, Leanne, this is unacceptable.
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More than 34 million people in the United States suffer from asthma. Many of them are children. They depend on inhalers to help them breathe every day. If something goes wrong with an inhaler, an asthma sufferer may only have seconds before their airways close completely, and they’re unable to breathe at all. If a person goes too long without breathing, they will suffer prolonged oxygen deprivation, which can lead to serious health problems, including brain damage, and even death. That’s what makes an asthma medication recall so frightening.
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Barely a week into 2011, ice is causing dangerous conditions on Colorado roads, unfortunately resulting in car accidents, and at least one fatality. Samantha Gaunt, a 17-year-old resident of Canon City, was killed on January 2, when her car hit an icy patch on the road, and collided with a tree. Gaunt died instantly of head and neck injuries. Roads are more dangerous this time of year, even when there’s no snow on the ground. When temperatures drop, moisture on the roadways will freeze, causing the phenomenon known as “black ice.” The sheet of ice is so thin on the asphalt that it’s transparent, and in many case, unseen by drivers until it’s too late. There are some things you can do to avoid the dangers of icy roads.
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Colorado has already seen one death this year as a result of an avalanche. On December 5, two men were skiing in Dry Gulch when an avalanche was triggered around one o’clock in the afternoon. Both men were buried, but 31-year-old Justin Latici was able to dig himself out. He searched for his friend, 32-year-old Kyle Shellberg, but by the time he found him, it was too late. Latici administered CPR until help arrived, but Shellberg never regained consciousness. Could this tragedy have been prevented?

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Just one year after the largest crib recall in United States history, the baby item at issue — the drop-side crib — has now been banned. The Consumer Product Safety Commission (CPSC), a government agency tasked with ensuring the safety of consumer products, announced late last week that it would institute a nationwide ban on the manufacture of drop-side cribs. The decision comes after several infants were injured, and others were killed by cribs of this design. In addition, the CPSC voted to update crib safety standards after more than 30 years without change.

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After analyzing traffic statistics compiled by The Colorado Department of Transportation (CDOT), The National Highway Traffic Safety Administration (NHTSA), Bachus & Schanker created a detailed report on DUI fatalities in the state. The report covers the period from 2005 to 2009, and contains some good news. Unfortunately, it’s counterbalanced by some bad news about alcohol-related traffic fatalities.

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Colorado is in the middle of a drug war. This past November, the continued legal operation of medical marijuana was on ballots across the state. In the minds of many Coloradoans, complete legalization isn’t too far behind, and some proponents are preparing a campaign to pursue that in 2012. As a result of continued debate over legalizing marijuana — medical and otherwise — and the effects it has on the body, a state lawmaker is now proposing legislation that would implement “driving while stoned” limitations.

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