by Jennifer O'Connell | Jul 3, 2019 | Brain Injury, CO Truck, Colorado, Train Accident
When an Employee is Negligent, the Employer Pays
On January 28, 2019, at Exposition Avenue and Sable Boulevard in Aurora, an RTD train skidded off the tracks. Several were injured and one woman lost a large portion of her leg. While there was snow and ice on the rails, as well as across the entire Metro area, RTD was prepared for that. They have safety protocol in place, as well as top of the line engineering to avoid derailments due to weather. So what happened? According to RTD, speed was the “primary factor” in causing the catastrophic slide. RTD told the Denver Post in February that the appropriate speed for an operator to maintain on sharp curves like this location is 10 mph. This particular train was going three times that fast when it entered the curve. RTD took action and fired the driver of the involved train. Enough said, right?
In Colorado, employers are responsible for the actions of their employees when the employees are acting within the scope of their employment. Employers are responsible for paying for the damages caused by the negligent employee. This is true in nearly every state in the country. The idea behind this law is to prevent businesses from hiring under-qualified employees for important and technical jobs. It’s to keep them from tossing workers out into the world, reaping the benefits, and escaping responsibility when all goes wrong. Businesses are not fans of this law, of course. They have lobbied since the beginning of time to avoid responsibility and have managed to chip away at this law in Colorado. The goal: Escaping personal responsibility for the actions that put an unqualified employee behind the wheel of a truck or in the driver’s seat of a train.
In 2017, the Colorado Supreme Court ruled in In re Ferrer to minimize a business’s liability for negligent hiring, training, and supervising. The ruling essentially makes an injured party choose whether to sue the company for the damages they caused or to sue them for what led to the damages. Suing the company for both, as Colorado law has proceeded for eons, allowed victims to dig into the inner workings of the company to see just how serious they were taking the hiring processes, just how much importance was placed on employee training, and how seriously these businesses took their role as supervisor of their employees. It also allowed for much broader avenues for a jury to punish a company who sat back and watched negligence occur.
Under the new regime, firms like Queener Law are fighting back, hoping to fill back in the holes Ferrer left in victim compensation and corporate punishment. With the right set of facts and technical know-how, some of these roadblocks can be overcome. But for now, what is important to know as a member of the Colorado community is that you have rights to protect yourself against corporate negligence. When you or a family member are injured by a negligent driver, truck driver, train operator, property manager, and so on, the company for whom that employee was working is still responsible. But folks, DO NOT TRY THIS AT HOME. These corporations are chock full of attorneys who spend day in and day out protecting their business’s money. If they are able to sway the Supreme Court into protecting their bank accounts, they can easily do the same in your case.
Call or email Queener Law for advice before proceeding on your own against a negligent business. We have gone toe to toe with corporate attorneys in several states across the country and are currently battling many here at home. We are happy to jump on board and do the fighting for you while you and your family heal from the ordeal their negligence caused.
by Queener Law | Nov 12, 2014 | Brain Injury, Kentucky, Tennessee
Not only do car and motorcycle accidents have serious emotional and financial repercussions, they can have severe, life-changing physical effects on people as well. New research on the human hormone, progesterone, and its potential link to traumatic brain injuries, however, may offer car accidentsurvivors new hope in alleviating their brain injury symptoms and regaining their quality of life.
No current treatment
The human brain is a complex mass of cells and each cell works to control some part of the human body and its biological systems. When a person hits their head, and the brain is damaged, it leads to the death or weakening of these cells. If a person suffers a serious brain injury, it means a significant number of brain cells are dead or are in the process of dying. This presents an enormous challenge for physicians as the death of these cells can reduce the amount of oxygen flowing to the heart, lungs and muscles, threatening the life of the patient or leaving them in a comatose or much-altered state.
Currently, there are no curative treatment options for people who suffer from brain injuries and therefore, no steps can be taken to prevent further damage from occurring as cells continue to die. The only options medical professionals have is to monitor TBI patients, facilitate their needs and attempt to prevent further neurological damage from occurring, according to the National Institute of Neurological Disorders and Stroke.
Potential breakthrough
Researchers may have found a way to minimize the damaging effects that brain injuries have on victims of car and motorcycle accidents. According to ABC 7 News, researchers believe that the hormone, progesterone, which is most often associated with the regulation of the female reproductive system, has the ability to protect neurons from secondary brain injuries. Progesterone is thought to reduce swelling of the brain, minimize cell death and reconstruct the blood-brain barrier.
A phase three clinical trial is currently in progress to study the long-term possibilities and safety of progesterone on brain injury patients. Patients at 150 locations in multiple countries are given a continuous supply of the hormone for five days, and then rechecked six months after the treatment has ended to evaluation whether there is any marked progression. The study is blind so patients and their families do not know whether they were given the hormone or a placebo and the hormone must be first administered within 8 hours of the injury occurring. Researchers plan to use 1,200 patients with severe brain injury in the global study. If the study is a success, it could become the first real treatment for brain injury.
by Queener Law | Nov 6, 2014 | Auto Accident, Brain Injury, Colorado, Kentucky, Tennessee
Over 2.36 million people were injured in car accidents in 2012, according to the National Highway Traffic Safety Administration. While some car accident victims received only minor injuries, others suffered from traumatic brain injuries that will affect them for the rest of their lives. The Centers for Disease Control and Prevention found that car accidents were responsible for causing 14 percent of traumatic brain injuries in the United States from 2006 to 2010, making it the third leading cause of TBI.
In a highly publicized New Jersey truck accident, comedian Tracy Morgan received serious brain injuries when his limousine was rear-ended by a negligent truck driver. According to People Magazine, Morgan has been trying to recover from his injuries for the past four months, and continues to undergo vocational and physical therapy for his serious injuries. Morgan still uses a wheelchair and is having difficulties with speech and mental cognition.
Signs of a brain injury
Otherwise referred to as whiplash in its milder form, brain injuries may occur when people experience a sudden jolt or blow to the head, just like they would in a traffic accident. The National Institute of Health indicates that the symptoms of traumatic brain injuries range from mild to severe and include the following:
- Headaches
- Seizures
- Weakness in the arms and legs
- Confusion
- Loss of coordination
Additionally, people suffering a brain injury may experience a loss of consciousness, trouble concentrating and memory loss. Changes in a person’s auditory and visual functioning, as well as drastic changes in their mood or behavior are also possible symptoms.
Long-term effects
According to a review published in the Acta Pharmacologica Sinica in 2013, the damage sustained from a traumatic brain injury can be progressive. This means some people may not only suffer from the initial damage caused by the blow they received, but also from secondary injuries. Traumaticbraininjury.com states that secondary brain injuries include brain swelling, bleeding inside the skull, infection within the skull, increased fluid in the skull, increased pressure in the skull and damage caused by a lack of oxygen.
Minor and serious brain injuries can lead to permanent damage and even cause problems years after the initial event. Studies have shown that people who have suffered brain injury are at a higher risk of suffering a stroke and that brain injury may even play a role in dementia and Alzheimer’s. Often victims of brain injuries must undergo physical, mental and psychological therapy, and there is no guarantee that they may fully recover from their serious injuries. People who have been injured in a car accident should meet with an attorney who can help them estimate their long-term needs and determine an appropriate amount of compensation.
