by Jennifer O'Connell | Feb 12, 2019 | Auto Accident, Colorado
Marijuana and Traffic Safety
The conversation about whether legalization of recreational marijuana affects road safety is a common one in Colorado. Thirty-three states have legalized medical marijuana, while nine states in addition to Colorado have legalized recreational marijuana. The public seems to be continually moving towards acceptance of recreational use, but our communities are still worried about potential negative impacts in safety. And of course, the experts disagree. The journal Addiction recently cited that there is one more traffic death for every million residents in states where recreational use is legal, compared to states where recreational use is legal, compared to states without recreational legalization. The journal also cited that the states that have had legalized recreational use for more than a year have balanced back out, no longer showing an up-tick.
However, the IIHS says there are overall 6% more crashes in general, while the American Journal of Public Health says there is no change.The problem lies in the testing and current lack of accurate measurement markers for “under the influence” as it relates to marijuana. Our society is still playing a lot of catch-up to the public’s acceptance to legal use. Until the medical and legal experts develop proper testing and scaling for determining the influence marijuana has on drivers, the debate will continue. It goes without saying, though, that any driver who uses marijuana or simply takes a medication and feels cognitive effects from that should not be operating a vehicle. When a wreck occurs, BAC data and other medical markers of influence and inebriation are helpful, but they are not necessary to deciphering fault, or whether a substance influenced the driver’s ability to operate a vehicle. Diving into the facts of the collision itself and the actions taken by that driver, both before and after the collision, can provide the necessary clues.
Queener Law has tried cases for clients who were injured by drivers under the influence when there was no medical data or the medical data ceased to exist by the time of our involvement in the case. We have a network of medical experts and law enforcement experts that can help us put the pieces together. While we wait for science to catch up, with a few important facts, we may still be able to prove that the person responsible for our clients’ injuries should not have been on the road and was not in the right frame of mind. If you think your wreck applies, give us a call for a free consultation.
by Jennifer O'Connell | Nov 15, 2018 | Auto Accident, Colorado
October Proves Deadly for Motorists
During the time leading up to and including Halloween in October, motorists in Colorado need to take extra precautions to minimize their accident risks. In 2017, October had the second highest number of car accident fatalities with 3,700 deaths. Children and pedestrians are especially at risk during October. There are steps that motorists can take to mitigate their accident risks so that they can keep themselves and others safe.
Accident Dangers in October
According to the National Safety Council, 7,330 pedestrians were killed in both traffic and non-traffic accidents. Among the fatal incidents, 18 percent happened at intersections or crossings. October had the second highest number of deaths behind July with 3,700. On Halloween, children have twice the likelihood of getting killed as adults.
Reasons Why Halloween Is Dangerous
There are several factors that make Halloween especially dangerous for children and pedestrians. Most people go trick or treating from 5:30 pm to 9:30 pm. During that time frame, it gets darker making it harder for motorists to see pedestrians and children. Children might dart out into the roads. Many Halloween costumes are made out of dark materials. Some motorists may be out celebrating Halloween at parties where drinking occurs. All of these factors can combine to make fatal pedestrian accidents more likely to happen.
Mitigating the Risk of Accidents
There are several steps that people can take to mitigate the risk of accident involvement on Halloween. Parents may want to choose brightly colored costumes for their children or to place reflective tape on the costumes so that they can be seen. Responsible adults should accompany children while they trick or treat so that they don’t run out into traffic. Motorists should never drink and drive at any time, including Halloween. When people are driving, they should obey the speed limits and watch for pedestrians on the sidewalks, recognizing that children may suddenly try to dash across the roadways. Drivers should also watch out for children who are on curbs or in medians as they may try to cross without warning.
Parents should discourage teens from driving on Halloween. They might be likelier to cause auto accidents by failing to see children who are wearing dark costumes. Finally, people should not wear masks that make it difficult for them to see and should exercise caution when they prepare to cross the streets.
by Jennifer O'Connell | Oct 22, 2018 | Auto Accident, Colorado
What is Whiplash?
Whiplash is a common type of car accident injury in Colorado that can cause long-term complications for some victims that can reduce the quality of their lives. People who are involved in auto accidents should promptly seek medical attention. Some people may not initially recognize that they have been injured. Whiplash injury symptoms may not appear for hours or days after an accident. Getting prompt medical treatment may help people recover faster and may build stronger evidence that the whiplash resulted from their accidents. The most common type of car accident that may cause whiplash is a rear-end collision. When a vehicle is traveling slower than a vehicle that is approaching from behind or is at a standstill when it is struck, an occupant of the front vehicle may suffer whiplash.
Whiplash includes potential injuries to the neck, shoulders, head, ligaments, muscles, and bones. When a rear vehicle collides into a front vehicle, a front vehicle’s car occupants may have their heads and necks violently propelled forward because of the physical forces of the collision. As the forces subside, their heads and necks may be thrown backward, causing them to be hyper-extended. This violent front-to-back movement can cause multiple injuries to the muscles, ligaments, and bones of the neck and shoulders. While some people might recover from whiplash in a matter of weeks, others may face complications and chronic symptoms that can continue for months or years and that impact their ability to work and to enjoy life.
Complications of Whiplash
The Mayo Clinic reports that the common symptoms of whiplash may develop within 24 hours, but it may also take longer for them to appear. These symptoms include neck pain that worsens when people move their necks or turn their heads, reduced the range of motion of the neck, headaches, shoulder and arm pain, tingling in the arms, dizziness, and fatigue. People who suffer severe whiplash injuries may suffer the following complications:
- Chronic, severe headaches
- Pain radiating from the neck and shoulders into the arms
- Chronic, severe neck pain
Complications from whiplash can cause ongoing problems and interfere with the victims’ ability to function, making it crucial for people to get treatment.
by Queener Law | Oct 11, 2018 | Auto Accident, Colorado, Kentucky, Tennessee
Why Photos Are Important
Taking pictures immediately after an accident can help preserve crucial evidence of what occurred and which driver was at fault. Photographs can help prove a driver’s liability while also helping convince insurance companies that settling is a wise choice. Pictures can show the angles at which the vehicles collided, the direction of travel, the road and weather conditions, and other relevant information.
After an accident, it is common for people to be in states of shock. They might feel confused and unclear about exactly what happened. Pictures provide crucial information about what caused the accident that people might otherwise fail to notice or forget. Accident reconstructionists can use photographs to determine the relative positions of the vehicles, their speeds, and other contributing factors such as weather conditions or road conditions. This type of information can help present a clear picture of what happened and the liability of the responsible party or parties.
When and How to Take Photos
People who are injured in accidents that they believe were the fault of the other drivers should always try to take pictures immediately after the accidents. If they cannot do so themselves, they should ask someone else to photograph them. The pictures can be taken with a camera that is kept in the car or with a smartphone. The photographs should be taken before either vehicle is moved. People should take photographs of the positions of the cars and the damage to each. They should also take photographs of the other vehicle’s license plate. After getting these pictures, people should take wider pictures of the scene, including any road debris, skid marks, weather, nearby traffic control devices, or speed limit signs. Taking as many pictures as possible is a good idea.
In addition to taking pictures of the accident scene, people should also take photographs of their injuries. This can help show the link between the accident and the injuries if the insurance company attempts to blame the injuries on some intervening cause. People should also try to get the names and contact information of any witnesses who saw the accident so they can be contacted later. Having photographs and witness statements may help people succeed in subsequent claims with insurance companies.
by Jennifer O'Connell | Sep 7, 2018 | Auto Accident, Colorado
Defective Traffic Signals
Traffic lights in Colorado sometimes malfunction or are defective and cause accidents, leading to questions of liability. When a defective traffic light contributes to the cause of an accident, the municipality in which it is located might be liable. Proving liability may require the help of experts such as accident re-constructionists and civil engineers to demonstrate that the light was defective and malfunctioned, leading to the accident.
Fault When Traffic Lights Cause Accidents
In most car accidents, one or both of the drivers are at fault. When a defective traffic light contributes to the cause of an accident, proving liability may be more difficult. One of the drivers may be partly at fault, but the defective light may also have contributed to the accident. For example, if a light shows green in two perpendicular directions at the same time and a speeding driver strikes someone else who is continuing through the intersection, the driver who was speeding may be partly to blame for the accident, but the malfunctioning light also contributed. This might mean that a resulting claim might exist against both the speeding driver as well as the municipality, manufacturer, and others. An accident reconstruction expert may help by reconstructing what occurred at the accident scene to show that the traffic light malfunctioned and led to the accident.
Municipalities may be liable if the defect has existed for a long enough period of time that it should have reasonably been discovered and they failed to repair it. In one 2013 case in Detroit involving a motorcyclist who was killed after a traffic light malfunctioned, the neighbors reported that the light had been defective for a long time. The city had failed to respond to their complaints about the light despite the numerous reports. In a case in which there is a clear record of numerous reports to a city about defective or malfunctioning traffic lights, but nothing was done, the city may be liable to pay damages to the victims of accidents that result. Other types of evidence that might help claims involving defective traffic lights include witnesses who saw the accidents happen and camera footage if it is available. Statements from people who have filed complaints about the lights and city records of complaints may also be important for proving a claim.
by Jennifer O'Connell | Aug 23, 2018 | Auto Accident, Colorado
Fatality Rate Increases
While the overall number of crash deaths in the United States has decreased slightly, the motor vehicle accident fatality rate has been increasing in Denver, making it one of the highest per capita among large cities. Denver’s accident fatality rate is much higher than the rates of some large cities such as New York and Los Angeles. Several factors, including the improved economy, more people taking to the roads, and riskier driving behaviors, have contributed to the increase.
According to the Denver Post, a study that was conducted of 23 large cities found that the city’s fatality rate was higher per capita than the rates in cities like New York, Los Angeles, Chicago, and Washington, D.C. On the list, the higher-ranked cities had the lowest traffic fatality rates. While Denver was ranked at 17 out of 23, Washington, D.C. was ranked at number one, demonstrating that it is safer despite its larger population. In Colorado, 642 people lost their lives to car accidents in 2017, the highest number in over a decade. In 2016, there were 208 crash fatalities.
Contributing Factors
There are several reasons that traffic deaths have been increasing in Denver. Improvements to the economy have led to a lower unemployment rate, meaning more people are on the roads commuting to and from work. More people are also able to take road trips because of the economic improvements, making them likelier to be involved in accidents. Another factor that has contributed to the increase in traffic deaths is engaging in risky driving behaviors such as distracted driving. Many drivers continue to talk and text on their phones while they drive despite prohibitions against the behavior. Modern cars also have other distractions inside such as infotainment systems that can divert the attention of the drivers away from the road.
Avoiding Accidents
Motorists can help prevent car accidents by keeping their attention on the roads and the traffic around them at all times. They should avoid engaging in any distracting activity while they drive, including using their phones, adjusting their electronics or looking at maps. Drivers should never get behind the wheel after they have been drinking or when they are drowsy. People should also follow the traffic rules and drive defensively.
