Pedestrian Accidents

Beyond Settlement: When Personal Injury Claims End Up in Court

Published on: February 10, 2025 | Cook, Bradford & Levy, LLC

The vast majority of personal injury claims – car accidents, slip and falls, workplace injuries – are resolved long before anyone steps foot in a courtroom. Settlement is the name of the game, a pragmatic and often efficient way for injured parties to receive compensation and for defendants (or their insurers) to mitigate risk and legal costs. But sometimes, despite everyone’s best efforts (or perhaps because of their worst), settlement remains elusive. The claim doesn’t just stall; it escalates, heading down the path to trial.

So, why does this happen? Why do some personal injury claims stubbornly refuse to settle, forcing both sides into the often costly, time-consuming, and unpredictable arena of court? It’s rarely a single reason, but rather a confluence of factors that can create an impasse. Understanding these roadblocks is crucial for anyone involved in a personal injury claim, whether as a claimant or a potential defendant.

The Unsettling Truth: Core Disagreements

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Driving into the Future: The Latest Car Safety Features

Published on: September 11, 2024 | Cook, Bradford & Levy, LLC

The automotive industry has seen a remarkable evolution in recent years, with a primary focus on enhancing driver and passenger safety. Technological advancements have led to the development of innovative safety features that can prevent accidents and mitigate their impact. Let’s delve into some of the most groundbreaking features currently available and discuss why they’re making a significant difference.

1. Advanced Driver Assistance Systems (ADAS)

ADAS is a collective term for a range of technologies that use sensors, cameras, and radar to assist drivers. Some of the most prominent ADAS features include:

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Holiday Hazards: Be Prepared for Increased Road Dangers

Published on: November 30, 2023 | Cook, Bradford & Levy, LLC

The end of the year and the holiday season are a time for celebration and togetherness, but they also bring an increased risk of motor vehicle crashes. According to the National Highway Traffic Safety Administration (NHTSA), there are an average of 119 fatal crashes per day on major holidays in the United States, compared to 102 fatal crashes per day on average throughout the rest of the year.

Factors Contributing to Increased Holiday Crashes

Several factors contribute to the increased risk of crashes during the holidays, including:

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What to Do If You Are Hit by a Car as a Pedestrian

Published on: November 24, 2023 | Cook, Bradford & Levy, LLC

As a pedestrian, being struck by a car is a terrifying and often life-changing experience. In the immediate aftermath of such an incident, it’s crucial to remain calm, assess the situation, and take the necessary steps to protect yourself and your legal rights.

1. Seek Immediate Medical Attention

Even if you feel relatively unharmed, it’s essential to seek medical attention right away. Adrenaline can mask the severity of injuries, and some symptoms may not manifest for hours or even days after the accident. A medical evaluation will help identify and address any injuries promptly, ensuring you receive the proper care and documentation for potential insurance claims or legal proceedings.

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Understanding the Statute of Limitations for Personal Injury Cases in Colorado

Published on: November 17, 2023 | Cook, Bradford & Levy, LLC

Many new clients have questions about the statute of limitations and how it applies to their specific case. In the realm of personal injury law, the statute of limitations is a crucial concept that determines the time frame within which an injured party can file a legal claim against the responsible individual or entity. In Colorado, the statute of limitations for car accident or truck accident cases is three years from the date of the crash. However, if the crash results in a death, the statute of limitations is only two years. The statute of limitations for most other personal injury cases typically stands at two years from the date of the injury. There are certain exceptions and nuances that a competent lawyer should explain to you when seeking a consultation. Here are some of the exceptions you should know about:

The Two-Year Rule

For most general personal injury cases, including slip or trip and falls, ski collisions, dog bites, and other non-automobile-related incidents, the two-year statute of limitations applies. This means that if you suffer an injury due to someone else’s negligence or wrongdoing, you have two years to initiate legal action against them. Failure to file a lawsuit within this timeframe could result in your claim being dismissed.

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National Pedestrian Safety Month: Dangers of Pedestrian Car Accidents

Published on: October 20, 2023 | Cook, Bradford & Levy, LLC

October is National Pedestrian Safety Month, a time to raise awareness of the dangers of pedestrian car accidents and how to prevent them. Unfortunately, pedestrian accidents are all too common. In 2021, over 7,300 pedestrians were killed in traffic crashes in the United States. That’s an average of 20 pedestrians killed every day.

Pedestrian accidents can have devastating consequences for both the pedestrian and the driver. Pedestrians are particularly vulnerable to injury and death in a collision with a motor vehicle. Even a low-speed crash can cause serious injuries, such as broken bones, head injuries, and internal bleeding. In many cases, pedestrian accidents are fatal.

There are a number of factors that contribute to pedestrian car accidents. Some of the most common causes include:

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How Long Does a Personal Injury Case Take?

Published on: July 28, 2023 | Cook, Bradford & Levy, LLC

A common question we get from a new client is “How long will this process take?” Almost everyone wants to know the answer to this questions as very few people have experience to know and understand what to expect. Your lawyer should take the time to explain the specifics of your case and what to expect along the way. To start, a personal injury claim or lawsuit is a legal process through which an individual who has suffered harm or injury seeks compensation from the party responsible for the incident. While the pursuit of justice is essential, the timing of the process can be just as important. The duration of such a case can vary significantly based on several factors, and it is essential for anyone considering legal action to have a realistic understanding of the timeline. I hope to provide you with the key elements that influence the length of a personal injury lawsuit and provide insights into what to expect during each stage.

Pre-filing Investigation, Medical Treatment and Negotiations:

When a client first hires an attorney, there is typically an initial investigation phase. During this stage, the injured party, the attorney, and the insurance companies gather evidence, review medical records, interview witnesses, and evaluate the potential for a successful claim. Depending on the complexity of the case and the willingness of the parties involved to negotiate, this phase can last several weeks to several months. Sometimes specialized experts get involved early such as accident reconstructionist, trucking experts, or architects and/or engineers. With a serious injury case, you can expect this stage to last a year or more as ongoing medical treatment needs to be considered before any settlement.

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Should You Hire a Lawyer When You’re in a Car Accident?

Published on: June 29, 2023 | Cook, Bradford & Levy, LLC

Car accidents can be distressing and complex events that leave individuals grappling with various consequences such as property damage, injuries, medical bills, and insurance claims. In the aftermath of a car accident, one of the crucial decisions to consider is whether to hire a lawyer. While it is not mandatory to have legal representation, there are several factors to weigh when determining whether seeking legal counsel is the right choice for your situation. In this blog, I will address the advantages and considerations associated with hiring a lawyer following a car accident.

Understanding the Legal Landscape

Car accident laws and insurance policies can be convoluted and challenging to navigate without a thorough understanding of the legal landscape. A lawyer specializing in personal injury and car and truck accident cases possesses in-depth knowledge of applicable laws, regulations, and legal procedures. Their expertise can help you comprehend your rights, potential liabilities, and the compensation you may be entitled to receive.

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Understanding the Dangers of Driving While Tired

Published on: June 7, 2023 | Cook, Bradford & Levy, LLC

You may be surprised to learn that driving while tired can be just as dangerous as driving under the influence of drugs or alcohol. Unfortunately, it’s all too easy to overlook the risks of driving while fatigued, particularly if you’re a busy individual trying to balance a packed schedule. Too often we see seriously injured clients who were hurt by a driver that was over-worked or did not get adequate sleep.

According to the National Highway Traffic Safety Administration, drowsy driving is responsible for an average of 100,000 crashes, 71,000 injuries, and 1,500 fatalities each year. This is a sobering statistic and one that highlights the very real dangers of getting behind the wheel when you’re not fully alert.

There are a number of reasons why driving while tired is so hazardous. For one, it can severely impact your ability to concentrate on the road, react to unexpected situations, and make smart decisions. When you’re tired, you might have difficulty judging distances, perceiving danger, and accurately responding to other drivers, pedestrians, or cyclists.

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