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Grand Junction And Western Colorado Personal Injury Law Blog

The open and obvious defense isn't always valid

Many defendants in premises liability lawsuits will try to refute your case. The strategies they might employ have to be based on the claims you make. One of the most common is called the open and obvious defense.

In this strategy, the defendant claims that the hazard that led to the injury was one that a reasonable person would have noticed and subsequently protected themselves against. Thus, the defendant shouldn't be held liable for the resulting damages.

Have you talked to your parents about their driving?

Colorado residents may find many topics challenging to broach. Talking with their children about the facts of life, discussing money with their spouses and asking their bosses for raises may be some subjects that result in sweaty hands and lots of excuses. Research conducted by the AAA Foundation for Traffic Safety shows that you can add one more topic to that list.

Talking with your elderly parents about the best time for them to give up driving may be something you have been avoiding for too long. If this is true, you are in good company. Studies show that 83 percent of senior age drivers never discuss the topic with either their adult children or their doctors. This may be placing you and many others in danger.

A permanent brain injury negatively impacts the victim's future

The effects of a traumatic brain injury (TBI) are often devastating. There is a chance that you can suffer from permanent brain damage due to the injury. As you can imagine, this has a huge impact on your life, especially if it prevents you from being able to work and earn a living.

We know that you might be trying to cope with some major life changes due to the brain injury. If it was caused by another party, you might decide to seek compensation. This won't negate the impacts of the injury, but it might help you afford the care and assistance you need.

Tips for handling a stressful car wreck

Being involved in a car wreck is an unexpected and traumatic event. Even if you don't think the accident was very serious, there is a chance that significant effects might result from it. You should be as prepared as possible to deal with this situation.

There are some very specific pointers that you should remember. Reviewing these now might help you recall them if you are in a crash. Here are a few important ones for you to think about:

  • Contact the authorities: You never know what injuries and damages you might notice after you leave the scene.
  • Take pictures: If it is safe to do so, get photographs of the scene, the damage to the vehicles, and any injuries you suffered.
  • Get contact information: You need the other driver's license number, insurance information, address and phone number. Get contact information for any witnesses.
  • Take notes: Write down your recollection of the chain of events as soon as possible after the crash.
  • Choose your words carefully: You shouldn't say anything that is going to seem like you are admitting fault. Be sure you are honest when you do make statements.
  • Report the crash to your insurance: Don't sign anything or agree to any settlement until you review the options you have to handle the matter.
  • Remain quiet: Social media is a good platform to let others know what's going on with you; however, don't discuss the accident on these sites.

Seeking compensation has 2 purposes after a car wreck

The days that follow a car wreck are usually painful, but they are still filled with activity. You might need to deal with insurance matters and may have doctor visits. All of this comes during a time when you are sore from the jarring effect the impact had on your body. If the crash led to a catastrophic injury to an occupant of the vehicle, there is much more going on.

For people who suffer from a traumatic brain injury, internal or organ damage or a spinal cord injury, a hospital stay, intense therapy and similar situations might occur. There is a good chance that the victim will need to take time off from work. If the person who is hospitalized or harmed is a child, a parent will likely have to stay home to care for the child.

Understanding the seat belt defense

From the time you were old enough to sit in a car without a car seat, you probably heard admonitions to buckle up. In addition to parents and other adults reminding you of the importance of fastening your seat belt, your driver's education teacher probably impressed on you the value of using this safety device.

While public awareness campaigns these days focus more on the dangers of distracted driving, safety advocates have not forgotten their mission to promote this most basic act of caution: buckling your seat belt before you start your car. Colorado and numerous other states have seat belt laws that can affect the amount of damages an insurer pays following a motor vehicle accident.

Falling leaves can pose a slip hazards for people walking

As the weather starts to change into that of fall, the leaves are going to start falling. This can pose a risk to people who are walking around on sidewalks and in parking lots. When leaves become damp, they can become slick, which could lead to a person slipping on them. There is also a chance that the leaves will pile up and hide defects that can lead a person to trip or fall.

While property owners can't stop the leaves from falling, they should make sure that they aren't posing a hazard to the people who are coming onto the property. Having the leaves swept or blown off the walking surfaces can be a tremendous help when it comes to safety.

Do you trust your child's bus driver?

Like many parents of Colorado students, you may not give a second thought to putting your child on a school bus in the morning. Perhaps you went to school on a bus yourself, and aside from the bumpy ride, you are no worse for the wear. In fact, you may have looked forward to the extended ride as time to chat with friends, read a book or finish your homework.

Unfortunately, instead of waiting at the bus stop with their children, many parents across the country are grieving at the start of this new school year following tragic school bus accidents that resulted in injuries and fatalities. The National Traffic Safety Board has concluded that the failures resulting in some of the more high-profile accidents involving school buses are not isolated to those school systems but may be a problem more widespread than parents would like to admit.

Chronic traumatic encephalopathy studies show interesting results

One of the troubling things about a traumatic brain injury (TBI) is that there is a chance that more serious conditions will come from them. One of these is chronic traumatic encephalopathy (CTE), which has been undiagnosable until an autopsy is done after someone's death. This is very troublesome because CTE can cause significant issues, including the person becoming violent or turning to suicide.

Scientists are working on trying to find a way to diagnose this condition prior to death. Recently, a small study looked into the cases of seven military personnel who all showed some of the signs of CTE that occur while a person is still living. The two active duty service members and five veterans had a molecular tracer injected into them and then had a PET scan.

Seeking damages after the wrongful death of a loved one

The death of a loved one is often a shock even if that person was ill or elderly. As much as your mind understands the logic of the passing of someone who was in poor health, it is still difficult to face that time goes on without that person in your life.

When a loved one dies tragically, it may be even more difficult to process, especially if he or she died as the result of someone else's negligent, reckless or intentional actions. When someone dies under these circumstances, it may be considered wrongful death, and surviving family members may have cause to seek damages from the one responsible.

CBA - Est. in 1897 | Colorado Bar Association American Association for Justice CTLA | Colorado Trial Lawyers Association
Alaska Bar Association | alaskabar.org Christian Legal Society Wounded Warrior Project
National Eagle Scout Association Alaska Association for Justice
People Over Profits | Your Grassroots Network to Protect Civil Justice