Law Office of Chadwick McGrady, P.C.COMPASSIONATE AND AGGRESSIVE ADVOCACY FOR THE INJURED2023-07-24T15:36:21Zhttps://www.chadwickmcgrady.com/feed/atom/WordPress/wp-content/uploads/sites/1302244/2020/03/cropped-3409294_Site-Icon-32x32.pngOn Behalf of Law Office of Chadwick McGrady, P.C.https://www.chadwickmcgrady.com/?p=695192021-07-19T16:26:59Z2021-07-16T14:21:08ZVictim versus the at-fault driver’s insurance company
As the accident victim, you are on one side of the case. You may be facing health problems, financial worries, lack of transportation and a future that seems uncertain, and you are certainly entitled to legal representation. On the other side are the at-fault driver, their insurance company and the law firm that the company hires to protect its assets. The question is how much the insurance company should pay you.
Determining the elements of a car accident claim
It is possible to settle an accident claim out of court. In fact, this is the goal of almost any auto accident lawyer. Achieving this objective requires the ability to evaluate a claim’s worth. Doing so may involve:
Actual economic losses
Noneconomic losses
Current and future medical treatment costs
Expenses of adaptive technology and home alterations
Mental health treatment costs
Juxtaposing the insurance coverage with the costs of making you whole
In some cases, at-fault drivers have sufficient insurance coverage to pay for the damages resulting from the motor vehicle accidents they caused. However, there are also times when the damages exceed the payment limits of the policy. In this situation, an attorney will work with the company, you and the other driver on finding an acceptable way to settle your claim.
If you were recently the victim of a car accident, you could benefit from discussing your situation with an attorney before accepting an insurance company’s settlement. Deserving compensation and receiving it are two different things.]]>On Behalf of Law Office of Chadwick McGrady, P.C.https://www.chadwickmcgrady.com/?p=694732021-06-08T20:31:38Z2021-06-08T20:31:38Zrespondeat superior, which holds companies responsible for the actions of their employees and agents when those actions are done in their service.
She also brought negligence claims directly against Yellow Cab, arguing that Yellow Cab itself had been negligent in its hiring, training, supervision of and decision to entrust the driver with its taxicab.
Surprisingly, Yellow Cab admitted that the driver had indeed been acting within the scope of his duties at the time of the crash.
Then the case went in a direction you might not expect. Yellow Cab argued that, by admitting liability as the driver’s employer, it had immunized itself from the negligence claims. Relying on a prior precedent, the trial court agreed and dismissed the negligence claims against Yellow Cab.
The case went all the way up to the Colorado Supreme Court, which also agreed that Yellow Cab’s admission of respondeat superior liability shielded it from the direct negligence claims.
Assembly changes the law to void Supreme Court’s decision
Now, the Colorado Assembly has passed House Bill 21-1188, which reverses the Colorado Supreme Court on this issue. The Supreme Court’s job is to determine what the law is at the time the issue is brought before it. The Assembly has the power to rewrite the law, and it has. Governor Polis signed HB 21-1188 into law on May 17.
Under the new law, a company’s admission that it is liable for its employee’s actions no longer shields it from a complaint that it was itself negligent.
This is an important change for plaintiffs in personal injury and other civil cases. Now, the law holds employers responsible for both the actions of employees and for their own negligent actions in cases where both the employee and the company are alleged to have injured someone.
The law will also make it easier for Coloradoans to find out the truth about corporate negligence and unsafe actions by organizations.
The Colorado Trial Lawyers Association worked hard to get HB 21-1188 signed into law and considers it a major legislative victory. Attorney Chadwick McGrady is an Eagle Member of the Colorado Trial Lawyers Association.]]>On Behalf of Law Office of Chadwick McGrady, P.C.https://www.chadwickmcgrady.com/?p=694622021-05-12T14:05:07Z2021-05-10T21:42:36Zcar accidents that produce injuries.
Colorado comparative negligence law
The state of Colorado uses modified comparative negligence law when assessing personal injury claims in car accidents. While many other states use the same principle when settling accident injury claims, few of them set the standard at 50% fault for denial of any financial compensation. What this means is that two-car accidents of equally shared fault will result in neither driver being eligible for any financial compensation for suffered injuries. And when the driver of primary fault only carries state minimum, the cap on their insurance policy is all financial compensation available other than filing a personal lawsuit for the remainder unless the injured driver carries uninsured/under-insured protection on their personal policy.
Filing a claim against your own insurance provider
Drivers who are injured in car accidents beyond the extent of coverage for another at-fault driver will then need to file an injury claim with their own insurance company. While insurance companies offer the policy rider by law when issuing coverage, they do not want to pay benefits if it can be avoided. The court system determines if the additional coverage applies, which means legal representation is also needed in this situation because personal insurance companies will then fight the court ruling.
All Colorado drivers should understand this primary principle when being involved in car accidents within the state. Always retain an experienced Colorado auto accident attorney who understands how to navigate the legal system and file claims against all parties who are responsible to provide whole financial benefits for their injured client.]]>On Behalf of Law Office of Chadwick McGrady, P.C.https://www.chadwickmcgrady.com/?p=694032021-03-22T15:09:48Z2021-03-19T15:09:22ZReceiving punitive damages after an auto accident
The rules for seeking compensation after a car accident in Colorado were once "no-fault" meaning that the circumstances were not actively considered when a claim was filed. In 2003, that changed and fault needs to be shown to receive payment for damages. This should be factored in when seeking punitive damages against a drunk driver. Punitive damages go beyond basic compensation for what was lost and penalize the party that caused the accident. There are limits for it under state law.
There is what is known as “one for one” payment against actual damages. This puts a cap on what a jury can award the victims in collision. The behavior of the responsible party is a fundamental aspect of the case as a driver who was found to be drunk may be deemed at fault. Punitive damages are restricted to the same amount as the damages the victim suffered. For example, medical expenses, wages, property damage or funeral costs will warrant a certain level of payment. The punitive damages can only match that amount.
Receiving punitive damages may require experienced assistance
After car accidents, gathering evidence as to what happened might not be foremost in the minds of those who were injured or had a loved one lose his or her life. However, it is imperative to understand the legal issues with pursuing a case. People simply going about their business can be injured or killed because of a drunk driving accident. Having legal guidance and assistance can be beneficial in moving forward with a filing.]]>On Behalf of Law Office of Chadwick McGrady, P.C.https://www.chadwickmcgrady.com/?p=694012021-03-22T15:08:39Z2021-03-09T16:07:52ZRate of lethal car accidents during drive times
The National Highway Traffic Safety Administration collects data annually regarding fatal car crashes. The agency presents that data via the Fatality Analysis Reporting System. The data collected by the NHTSA underscores that commuting to and from work remains one of the deadliest times to be on U.S. roadways.
NHTSA data analysis reveals that 24% of all fatal automobile accidents occur during morning and evening work commutes. The evening commute is more dangerous than the morning, according to the agency’s data. More than 60% of fatal commuting accidents occurring during the evening drive home.
Friday is the riskiest day to commute with the largest number drive time deaths occurring at the end of the week. September and October are reported to be the riskiest months to be on the street commuting to and from work.
Prime times for commuting accidents are between 8:00 to 9:00 a.m. and 5:00 to 6:00 p.m. The NHTSA indicates that “nodding off” at the wheel, or driving why drowsy, is the most common underlying cause of roadway accidents during these specific time periods.
Rate of commute time car accidents in Colorado
Colorado hits neither the top nor the bottom 10 when it comes to the rate of automobile accidents during the morning and evening commute. The state is nestled in the middle when contrasted to the proportion of commute time auto accidents across the nation as a whole.
Commuting alternatives including public transportation is safer than using a personal vehicle, according to the NHTSA. Although public transport options are limited in many locales along the Western Slope, commuting to work by bus is available in a good number of communities.]]>On Behalf of Law Office of Chadwick McGrady, P.C.https://www.chadwickmcgrady.com/?p=693172021-02-24T08:22:34Z2021-03-01T08:21:50ZAccidents may take place anywhere
A sad truth is that fatal accidents could result from mishaps right in front of someone's house. An Austrian study reveals that 25% of vehicle accidents happen within the first three minutes of driving. Given that many trips start from familiar locations, such as work, home or a local store, a driver may crash even if they're familiar with road conditions.
Of course, someone may travel to an unfamiliar area during rush hour. After parking on an unfamiliar street and potentially suffering from many pedestrian and traffic distractions, pulling out of a parking space might lead to an immediate collision.
Parking lots also serve as locations for accidents. Close-quarters, congestion and confusion don't always add up to safety. On a day with inclement weather, a driver could find their car sliding right after putting it into motion. The vehicle may only slide a little bit and hit a parked car, or it might cause a serious accident.
Always be on the alert for potential accidents
Any belief that a car accident won't happen at the beginning of a road trip could prove disastrously inept. Drivers must never take their attention away from caution, especially in certain situations. When pulled over on the shoulder of the road, the time comes to pull away eventually. On a highway, doing so requires significant care due to the traffic.
Car accidents resulting from negligence may lead to personal injury lawsuits. It's important for victims of car crashes to retain legal assistance to help them pursue compensation for their injuries.]]>On Behalf of Law Office of Chadwick McGrady, P.C.https://www.chadwickmcgrady.com/?p=693112021-02-22T14:09:31Z2021-02-25T14:08:05ZInformation and entertainment bring with them distraction risks
Drivers could make things safer for themselves and others by paying strict attention to traffic and the road. Even a minor distraction, such as turning to speak to a passenger, could lead to missing a red light and entering an intersection. Excuses won't likely serve as a valid defense since they may not disprove negligence.
Hands-free smartphone integration that accesses a GPS or loads a podcast might not cause problems. However, being too enamored with a grand display screen may drive distractions up tremendously.
Industry experts worry that the number of large display screens might increase. Several manufacturers might attempt to offer this perk with their new vehicles. The growth of outrageous vehicle infotainment could lead to more distracted driving accidents.
Distracted driving and negligence
A driver has a responsibility to operate a vehicle safely. Traffic rules exist to address speeding, reckless driving, drunk driving and other issues. An infotainment system's presence doesn't automatically violate laws, but individuals who embrace the system's potential distractions may find themselves in a car accident and subsequent liability suit.
A crash could result in wrongful death, and punitive damages may accompany the accident. The resulting lawsuit could seek damages beyond what the driver's insurance policy covers. Ultimately, drivers may wish to think about the dangers and risks facing themselves and others when embracing technology that comes with potential distractions. Attention belongs directed at safe driving and not tech perks.
Individuals hurt in a motor vehicle accident might have a strong case if they are able to prove the at-fault driver's negligence. Discussing the accident with a personal injury lawyer may provide clarity.]]>On Behalf of Law Office of Chadwick McGrady, P.C.https://www.chadwickmcgrady.com/?p=693052021-02-03T08:41:16Z2021-02-08T08:40:32ZKeep an eye on what's going on above you
It isn't uncommon for moisture to melt on a roof during the day, flow through a drainage pipe and freeze on a parking lot or sidewalk. Furthermore, there is a chance that large amounts of snow or ice could simply fall from a roof with little or no warning. In addition to creating hazardous conditions on the ground, you could be severely injured if you're hit by falling debris.
Inadequate lighting can contribute to an accident
Your odds of slipping, tripping or falling may increase if you can't see where you are going. This is because you might not see a patch of ice before walking on it or notice a crack in the pavement that was obscured by a pile of slush, sleet or snow. A lack of light may also cause you to run into poles, signs or other objects that might be covered by snow, slush or sleet.
Was there enough time to remove ice or snow?
Generally speaking, property owners are liable for removing snow or ice in a timely manner. However, let's say that several inches of snowfall unexpectedly over the course of an hour or two. In such a scenario, it may not be possible to shovel, plow or otherwise get rid of the snow as quickly as it falls. This may be used as a defense in a premises liability lawsuit.
If you are injured while on someone else's property, it may be possible to file a lawsuit against the person who owns it. An attorney may use photos, videos or witness statements to help you obtain a favorable outcome in your case.]]>On Behalf of Law Office of Chadwick McGrady, P.C.https://www.chadwickmcgrady.com/?p=692992021-01-29T17:19:15Z2021-02-03T17:18:38ZWet or slick walkways
There are many conditions that can lead to slip and fall injuries in the wintertime. Among the most common are wet or slick surfaces. Walking for even short distances on icy sidewalks can be risky.
Slippery floors to the entrances of buildings
When snow or ice melts, it can leave slick surfaces in the entryways of buildings. Unfortunately, you may not always be able to avoid slipping or falling as you walk into a building. If you suffer a serious accident, you could face expensive medical bills, lost wages while you're recovering and other financial difficulties. Business owners are responsible for making their entrances safer during unpredictable weather. Otherwise, they may face a premises liability lawsuit.
Changing weather conditions
It's impossible to control the weather. However, weather contributes to a large majority of slip and fall injuries. Property owners and municipalities have a responsibility to make conditions safer during winter conditions by doing things like:
Shoveling sidewalks
Salting walkways
Plowing streets
Uneven surfaces
Ruts, potholes and uneven ground can put you at greater risk of a slip and fall injury, especially if snow or ice is a factor. Property owners and municipalities are usually responsible for clearly marking these dangerous areas to prevent access to them.
Protect yourself against slips and falls
Most people have seen someone take a nasty fall on unpredictable winter ground. Do your part to stay safe by remaining aware of icy or snowy conditions. Avoid walkways that appear uneven, and remember to take it slow. If you are injured on another person's property, an attorney may be able to explain your available options for compensation.]]>On Behalf of Law Office of Chadwick McGrady, P.C.https://www.chadwickmcgrady.com/?p=692102021-01-18T06:33:21Z2021-01-22T06:22:28ZResponsibilities after a car accident
An at-fault driver might cause serious problems for themselves by admitting fault. Doing so could make things very challenging in court. Also, the driver might not even know if he/she was entirely at fault or, for that matter, legitimately at fault at all.
The person injured in an accident may benefit from maintaining his/her composure. Fighting with the presumed at-fault driver could make things worse. A physical altercation may lead to a civil suit and potential criminal charges.
Exchanging contact and insurance information might be top priorities. Contacting the police may be wise, as the police report could have value in court or during insurance negotiations.
Things to consider at the accident site
Perhaps all involved may wish to collect witness information and take photographs. Failing to do so may undermine the ability to present evidence.
Anyone injured in an accident must realize that time is not necessarily on his or her side. Colorado, like other states, has statute of limitation rules in effect. Besides that, not contacting an attorney soon after the accident could complicate legal actions. Asking for any witness statements one year after the accident might not yield the most precise recollections. And what happens if evidence such as photographs become lost?
The aftermath of car accidents brings responsibilities. Drivers and others may wish to avoid making mistakes that hurt their health, violate the law or hamper potential civil litigation.]]>