by Jennifer O'Connell | Dec 9, 2019 | Auto Accident, Bicycle Accident, Brain Injury, Bus Accident, CO Truck, Colorado, DUI, Kentucky, Motorcycle Accident, Pedestrian Accident, Personal Injury, Tennessee, Train Accident, Trucking Accident, Workers' Compensation
Getting Your Medical Bills Paid the Right Way
“The insurance company said they’d pay all my medical bills. Now they only want to pay a fraction of what I owe!’ We have heard this complaint almost daily in our decades of practice. What’s the reason and who’s the culprit? Of course, every story like this begins with the fact that car insurance companies are designed to collect premiums and not pay out. But that is not the only conspiracy happening here. Hospitals and medical providers have found ways to use the car insurance system to increase profits, as well. In a recent article in The New York Times, the master plan of hospital billing is broken down into the following steps:
1. Medical Swag
When you are in a wreck, the first thing the EMS or ER staff will do is slap on that age-old neck brace. Often, that neck brace either came free as medical sales swag or was bought in bulk at a rate of a few bucks each. When you get your medical bills in the mail, you find out that your insurance paid $100-plus and you owe an additional $20 bucks or so after insurance. You could get the same brace at your local pharmacy for much less. But when your chart is flagged for a car accident, out comes the medical swag. And in the end, all of this gets paid by the car insurance company… out of your settlement.
2. The Cover Charge
When you are taken to the emergency room, you get a bill. That we know. But did you know that this bill is just for use of the room? In essence, that bill is a “cover charge” for entry. In addition to that fee, which may vary depending on how emergent or traumatic your injury may be, there is a separate fee for every material used and every person who walks into the room. In many cases, you’ll even get a completely separate bill just for the use of a doctor, a necessary component of your emergency room visit. This bill, again, may vary based on what the hospital determines is the severity of your injury. Two guesses what they label car accident victims as in order to increase their bill.
3. Impostor Billing
Not only can you get billed for every person who walks in the room, but you may also receive a bill for people who you have never met. Medical billing allows for “consult billing,” even when the physician never consulted with the patient themselves. If a radiologist simply stops an orthopedist in the hallway for a second look at your x-rays, you get billed. These are not common charges, but we see them often in cases like auto accidents where the hospital anticipates deep pockets.
4. The Drive-By
In more serious cases, where post-ER treatment is required, you can get billed even before your first visit. For instance, if your injury requires physical therapy, a therapist can enter the room just to discuss your future therapy visits, and you will receive a bill for that conversation. A full assessment or actual therapeutic treatment is not required for the hospital to bill for it.
5. Avectus
We have added this prong because it is so prevalent and crushing to your in-pocket compensation while filling the hospital’s bank account. Hospitals allow representatives from Avectus or other lien companies to enter patients’ rooms, although they have no medical training or degrees and have not received consent from the patient or relatives. Their only purpose is to have medicated and shocked accident victims sign forms promising to pay the hospital’s bill in its entirety, regardless of whether they have health insurance. Why? Because the hospital does not want to take the contractual discount with the health insurance, and instead wants to take as much as possible from the auto insurance policy, in addition to all of your other medical bills.
The End Game
Why do we care so much about what the hospital is doing if the car insurance company is paying in the end? Why should you care about what money goes where? An auto insurance policy is like a bank account. Everything that comes out of it – including medical bills – reduces the amount in the account. In other words, every penny the hospital takes is one less for you. If your hospital bill is inflated simply because you were in an auto accident, your compensation for the injuries you sustained will go to the hospital rather than to you. If the auto policy available is only $50,000 and your hospital bill is $40,000, there is very little money left to pay remaining bills, reimburse your lost wages, or cover your future medical needs. And that’s if you don’t come out with a $75,000 bill and only $50,000 in automobile insurance. What can be done to stop this? Short of changing legislation, simply put, you need an attorney. Our office has decades of experience forcing hospitals to use health insurance and refusing to pay their liens if they are on notice and ignore us. We not only fight the insurance company on your behalf, but we also hold the hospitals to a high ethical and economical standard, refusing to let them dig into the policy that was meant to compensate you. Be aware and proactive with your health and your future. Work with a firm that has no blind side. We see the attacks coming, and will head them off at the start.
by Jennifer O'Connell | Oct 15, 2019 | Auto Accident, Bicycle Accident, Brain Injury, Colorado, DUI, Motorcycle Accident, Pedestrian Accident, Personal Injury, Trucking Accident
Current State of Denver Roads
If you haven’t seen the signs or the persistent social media posts about Vision Zero, then you have definitely seen changing road shapes around the Denver Metro area. Extra bike lanes are going in, barriers between motor and bike lanes are building up, speed barriers are popping up, and speed limits are dropping. This is all part of Denver Public Work’s efforts to stamp out traffic collisions and deaths, bringing the later to “Zero.” According to the City and County of Denver, an auto collision has a 40% Chance of causing serious or fatal injury at 30 mph. That stat, however, skyrockets to 73% just by increasing the speed to 40 mph. In the Denver city limits, as of October 12, 63 people have died in collisions, and since 2016, 41% of those were due to speed. Fatalities have continued to increase every single year for the last nine years. Of the 63 fatalities so far this year, 2 were cyclists, 17 were pedestrians, 15 were motorcyclists, and 29 were vehicle occupants.
Denver Vision Zero has set a county-wide goal to have zero traffic deaths by 2030. Rather, though, than simply announce a lofty goal and simply flash stats on overhead announcement boards on the highways, the City and County of Denver have enacted an Action Plan to take proactive steps towards the goal. The first step involved analysis. Vision Zero members analyzed not only fatal collisions themselves looking for causes, but they also constructed a map of the areas within the county lines at which there were serious or fatal collisions over the last six years. You can find this map below or interact by clicking here. You can clearly note roads like Federal, Colfax, and 6th Avenue lighting up like a light-bright as hotbeds for major collisions. In fact, an ancillary map highlighting just the routes labeled High Injury Network zones (HIM), shows that while these roads account for only 5% of Denver streets, the account for 37% of fatal collisions and 40% of serious injuries. And county-wide, motor-vehicle collisions account for twice the number of deaths than homicide. In fact, traffic collisions are the #2 leading cause of hospitalizations in Denver County.
It is also interesting to note that Vision Zero identified that most collisions in these HIN routes are crashes happening near schools and in neighborhoods primarily comprised of lower income, disabled, and elderly citizens. In these areas, speed, aggressive driving, distracted driving, and impaired driving were the top causes of serious and fatal collisions.
What are the next steps in the Action Plan?
The five priorities within the action plan, laid out for the public here, are:
- Enhance City Processes and Collaboration
- Build Safe Streets for Everyone
- Create Safe Speeds
- Promote a Culture of Safety
- Improve Data and Be Transparent
How does this translate into increased safety and less traffic collisions?
To the city and county government, enhancing city processes and collaboration includes adding departments within local governments focused primarily on traffic safety, including studies, economic appropriation, and governmental reaction to tragedies. And the “building safe streets for everyone” phase is already visible in many neighborhoods. Vision Zero has already begun re-configuring streets and intersections to reduce speed, enhance bicycle and pedestrian detection, and improving light and visibility at crossings. A part of phase two is also significant enough to the effort for Vision Zero to make a separately delineated phase. Creating safer speeds city-wide has begun in several parts, with greater speed enforcement, lower speed limits in neighborhoods and school zones, and street design changes to create safer cycling and walking lanes and force lower speeds for vehicles though the use of barriers and speed bumps.
The next phase seems tricky, and it is the opinion of Queener Law that the city has failed already in some aspects of the promotion of a culture of safety. When e-bikes and scooters hit the streets of Denver, the city was behind the eight-ball with education and regulation. Since then, the city has tripped over itself, releasing multiple complicated ordinances for how these multi-modal measures should interact with other established traffic, and education of the community has failed in spade. Traffic collisions involving scooters and bikes have continued to rise. Vision Zero intends to correct those mistakes, and make better efforts to educate and make available alternate modes of travel outside of driving. It is the opinion of the Vision Zero team that multi-modal methods will not only reduce traffic, but they should also reduce traffic deaths, aggressive and impaired drivers from occupying the road, and give a broad range of safe methods of transportation to the HIN zones.
Finally, Vision Zero does not intend to rest on the current data and act accordingly. They are making a promise to the community to continue the analysis and make honest reports to the public of the successes, failures, or stagnation of their efforts. Many more details of the Action Plan are available here. And Queener Law occupies a position on the Mobility Council for the Downtown Denver Partnership, an organization that tasks itself with advising local leaders of what our community members are thinking and feeling about the government’s actions with regards to safety. Take a look at what the local government has planned for your neighborhood, and let us know your thoughts. Queener Law will take them back to the Partnership and push for the government to be advised. We will ensure the government hears us, and therefore hears you, about our collective safety. Traffic collisions are not an inevitability. How do you think we can prevent them?
by Jennifer O'Connell | Sep 24, 2018 | Colorado, Motorcycle Accident
Motorcycle Deaths in 2017
In 2017, 101 people died in Colorado motorcycle accidents, and a majority of them were caused by preventable driver or cyclist errors. Motorcyclists may be able to reduce their risk of becoming involved in accidents by understanding the common types of scenarios in which many collisions happen. They may also help to reduce their chances of suffering catastrophic injuries if they are involved in accidents by always wearing helmets and safety gear every time that they ride. The number of fatalities in motorcycle crashes in the state fell from a high of 125 deaths in 2016. Overall, traffic deaths have increased by 29 percent since 2014. The Colorado Department of Transportation reports that most of the motorcyclists who were killed in 2017 were not wearing helmets at the time of their accidents.
Common Motorcycle Crash Causes
There are several common motorcycle crash causes that are avoidable. The most common type of motorcycle accident involves a motor vehicle driver who fails to notice a motorcycle and turns left in front of the motorcycle. This type of accident occurs because of driver inattention or driver distraction. Other common crashes happen when drivers merge into the lanes in which motorcyclists are present. These accidents may be caused by driver inattention or distraction as well as by motorcyclists riding in the blind spots of drivers. Head-on accidents are also common, and they are often deadly when they involve motorcyclists.
Lane splitting accidents also are common and occur when motorcyclists pass slower-moving cars by driving in between them. Driving or riding while under the influence of alcohol or drugs also frequently contributes to motorcycle collisions. Speeding and taking tight corners too fast also contribute to motorcycle collisions.
Avoiding Motorcycle Accidents
Motorcyclists can take steps to prevent accidents. They should always wear helmets that meet the safety guidelines as well as protective boots and clothing while they ride. They should anticipate the actions of drivers that they see who are preparing to turn left. If motorcyclists are in blind spots, they should speed up or slow down to get out of them. Motorcyclists should keep a safe distance from other vehicles, avoid speeding and never ride while they are under the influence of alcohol or drugs.
by Queener Law | Sep 7, 2017 | Motorcycle Accident, Tennessee
In spite of research showing that lane splitting by motorcyclists reduces the risk of rear-end collisions and injuries to riders’ torsos and heads, lane splitting remains illegal in Tennessee. Lane splitting involves a motorcyclist pulling up between vehicles instead of behind them, which helps to prevent them from being struck from behind while also reducing congestion. When lane splitting is not done in the correct way, it can increase the risk of accidents and cause incidents of road rage. While there are pros and cons of the practice, when lane splitting is done in a safe manner it may reduce the risk of motorcycle accidents. When accidents are caused by negligent motorists, a personal injury attorney may help the victims.
Lane Splitting Findings
Researchers at the University of California, Berkeley reviewed data from 6,000 motorcycle accidents from June 2012 and Aug. 2013. Of those, 997 involved motorcyclists who were lane splitting when they crashed. Lane splitting was found to be the safest when the motorcyclists did not drive more than 15 mph faster than the vehicles around them and when they were traveling less than 50 mph. Nine percent of the lane-splitting motorcyclists suffered head injuries while 17 percent of motorcyclists who weren’t lane splitting suffered injuries to their heads. Nineteen percent of lane-splitting motorcyclists suffered torso injuries as compared to 29 percent of motorcyclists who were not lane splitting. The lane-splitting motorcyclists were also less likely to have been injured in rear-end crashesas compared to riders who were not lane splitting.
Tennessee Lane Splitting
At the urging of motorcyclists, the Tennessee House of Representatives had a bill introduced in 2015 that would have legalized lane splitting in the state. The bill listed several advantages that would have been offered if lane splitting was legalized, including better visibility, better focus, reductions in rear-end crashes and reductions in traffic congestion. The bill was not taken up and died before it could be considered. Therefore lane splitting is still illegal in Tennessee despite its potential to prevent motorcycle accidents.
When motorcyclists are injured in accidents, they often suffer debilitating injuries because of the minimal protection that they have from the environment around them. A personal injury attorney may help injured victims with their accident claims.
by Queener Law | Mar 9, 2015 | Motorcycle Accident, Tennessee
Motorcycles are notorious in Tennessee and across the nation for being inherently dangerous vehicles. A Tennessee motorcycle accident attorney understands that in many cases the vehicle’s reputation may not be an accurate assessment of its safety around other vehicles. According to a recent study performed by the National Highway Traffic Safety Administration, most crashes between motor vehicles and motorcycles occur because the drivers of the cars fail to properly yield the right of way to oncoming bikers.
About the study
To reach their conclusion, the NHTSA performed a study with the main purpose of determining why so many motorcycle fatalities result from two-vehicle crashes. They also aimed to determine factors involved in these accidents. Researchers relied on data from the Fatality Analysis Reporting System, a nationwide census that tracks yearly public data for fatal motor vehicle accidents, for the study. They analyzed data trends for crash characteristics, vehicle type, and the role of the driver and operator in each accident.
The results were reported in Fatal Two-Vehicle Motorcycle Crashes. In it, researchers showed that more than 85 percent of two-vehicle crashes which resulted in the death of one or more motorcyclist involved passenger vehicles. Moreover, 90 percent of those killed were the motorcyclists, and eight percent were passengers on motorcycles. Only two percent of those who were fatally injured were occupants of passenger vehicles. The research also revealed that a startling number, 35 percent, of passenger vehicle motorists involved in these accidents were the ones who failed to yield the right of way. Only four percent of motorcyclists failed to yield to other motor vehicles.
Preventable accidents with real consequences
A Tennessee motorcycle accident attorney knows that accidents similar to those the researchers used for the study happen daily in Tennessee. ABC News 2 in Nashville reports that a biker was critically injured in an accident when he recently crashed into a minivan in Belle Meade. The accident occurred at the intersection of Harding Place and Harding Pike when the driver of the minivan turned left and into the biker’s path. The motorcyclist was taken to the hospital with serious leg injuries, and doctors indicated that he may possibly lose his leg.
Preventing these deadly collisions
These car and motorcycle accidents occur often, but both motorists and bikers can take steps to help minimize the chances that they will be involved in a similar crash. Researchers with the NHTSA indicate that the largest tool motorists can use is motorcycle awareness. Motorists should also make it a habit to look twice for motorcycles before pulling out into traffic.
Bikers can do their part by wearing bright colors or reflective clothing to increase their visibility and the likelihood that they will be noticed. When these tactics fail and accidents do occur, injured motorcyclists should contact a Tennessee motorcycle accident attorney immediately for legal assistance.
by Queener Law | Nov 11, 2014 | Motorcycle Accident, Tennessee
Motorcycle fatalities in Tennessee have increased dramatically, from 42 deaths in 1998 to 134 deaths in 2013, according to the Tennessee Department of Safety and Homeland Security. The rise in motorcycle causalities in Tennessee during that 15-year period has been steady, and mirrors an increase in motorcycle fatalities and serious injuries across the nation. The National Highway Traffic Safety Administration reports a national increase from 2,334 motorcycle deaths in 1998 to 5,080 fatalities in 2012. State officials are looking for ways to decrease the number of motorcycle accidents and increase motorcyclists’ safety on Tennessee roadways.
Before finding a way to resolve the rise in deaths due to motorcycle accidents, it is crucial to find the potential root causes for this staggering increase in fatalities. According to the United States Department of Transportation, a surge in motorcycle registrations since 1997 may provide information as to why more people are getting into motorcycle accidents. From 1997 to 2006, motorcycle registrations in the U.S. rose by 75 percent. With a greater number of motorcycles traveling on U.S. roadways, more collisions are likely.
Distracted driving
New advances in technology over the past 15 years have added another cause of motorcycle accidents. Distraction.gov reports that distracted drivers were responsible for the deaths of 3,328 people in 2012. Distracted driving auto accidents injured over 421,000 people that same year. Motorists, who use their cellphones, program their navigation devices or change the DVDs in their cars’ entertainment center while driving, may fail to acknowledge smaller motorcyclists riding alongside them. Improper turns and failure to yield are just a few ways that distracted driving can result in a devastating motorcycle crash.
A 48-year-old Kansas motorist admitted to engaging in distractive activities while driving, which may have caused him to hit an elderly man who was riding his motorcycle. According to Kansas First News, the driver was operating a pickup truck and attempting to change a CD when he collided with the motorcyclist, who was killed as a result of the accident.
Failure to yield
Failure to yield is another common cause of deadly motorcycle accidents. The Knoxville News Sentinel reported that a biker was hit by a vehicle that was attempting to make a turn. The motorcyclist was thrown onto the hood of another vehicle waiting at a stop sign and later died. The motorist was given a citation for failing to yield to the motorcycle, but did not receive any criminal charges.
Due to an increased number of motorcycles on national and state roadways, as well as a growing number of motorcycle fatalities, many state and national organizations, including the NHTSA, have developed campaigns designed to bring awareness to this deadly problem.
