Colorado Personal Injury Lawyer Blog

How Fault is Determined in Colorado Ski Accidents

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

Colorado, with its majestic peaks and powdery slopes, is a skier’s paradise. But even in this winter wonderland, accidents can happen. Unfortunately, when adrenaline mixes with icy conditions, figuring out who’s at fault can be trickier than navigating a mogul field.

So, if you find yourself tangled in the aftermath of a ski accident, here is a breakdown on how fault is determined in Colorado:

The Uphill Skier Rule: Buckle up, because this is the big one. Colorado’s Ski Safety Act presumes the uphill skier is responsible for avoiding skiers below. Think of it like overtaking on a highway: the responsibility for a safe maneuver falls on the one doing the passing. This presumption makes sense, as the uphill skier typically has more control and options to adjust their course.

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Bard PowerPorts: From Medical Marvel to Legal Minefield

Published on: January 3, 2024 | Cook, Bradford & Levy, LLC

Once hailed as a medical breakthrough, Bard PowerPorts, implantable devices meant for easy and long-term drug delivery, have taken a dramatic turn down a treacherous slope. Now, they face a growing avalanche of lawsuits alleging serious complications and manufacturer negligence. But how did these devices go from life-saving tools to potential health hazards?

The Promise of Convenience: Introduced in the 1990s, Bard PowerPorts offered a seemingly ideal solution for patients requiring frequent infusions. These small, implanted reservoirs sat beneath the skin, accessed through a port, eliminating the need for repeated needle pricks. For cancer patients undergoing chemotherapy, for example, it meant less pain and easier treatment.

A Shadowy Crack in the Facade: However, cracks soon began to appear in the seemingly flawless design. Reports surfaced of PowerPorts fracturing, migrating within the body, and exposing patients to dangerous risks. Allegedly, the culprit was a manufacturing flaw: barium sulfate, a component meant to add strength, was instead creating weak points and promoting fractures.

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What are Victim Rights Advocates and How can they Help me?

Published on: December 21, 2023 | Cook, Bradford & Levy, LLC

Victim rights advocates can provide a variety of services to people injured in car or truck accidents, including:

Information and education: They can explain the legal process, insurance claims, and other aspects of recovering from an accident.

Emotional support: They can provide counseling, support groups, and other resources to help victims cope with the emotional trauma of the accident.

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I’ve been hit by a Drunk Driver, what do I do next?

Published on: December 14, 2023 | Cook, Bradford & Levy, LLC

If you are hurt by a drunk driver, you have the right to file a civil lawsuit against the driver for negligence. You may also have a claim for negligence per se. This means that the driver was acting unreasonably and in violation of the law by driving under the influence, and that their actions directly caused your injuries.

It is illegal drive a vehicle while under the influence of alcohol in Colorado. It’s also illegal for a driver to operate a vehicle while impaired by drugs or alcohol. Drivers can face criminal penalties if determined they were under the influence during a crash.

In addition to suing the driver, you may also be able to sue the owner of the car or the establishment that served the driver alcohol. This is called Dram Shop liability. in Colorado, a vendor who is licensed to sell alcohol can be held liable for any injuries caused by one of their patrons. These laws typically apply to restaurants, bars, and any other establishments that sell alcoholic beverages. These laws can hold establishments that sell liquor responsible if they continue selling liquor to someone who is physically intoxicated.

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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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Spinal Cord Injuries: What You Need to Know

Published on: November 10, 2023 | Cook, Bradford & Levy, LLC

A spinal cord injury is damage to the spinal cord that can cause loss of sensation and movement in parts of the body. Spinal cord injuries can be caused by a variety of accidents, including car accidents, pedestrian accidents, truck accidents, falls, and sports injuries.

The severity of a spinal cord injury depends on the location and extent of the damage. Some people with spinal cord injuries may be paralyzed, while others may have limited mobility or sensation. Spinal cord injuries can also cause a variety of other problems, such as bladder and bowel dysfunction, sexual dysfunction, and chronic pain.

There is no cure for spinal cord injury, but there are treatments that can help people with spinal cord injuries to manage their symptoms and improve their quality of life. Treatment options include physical therapy, occupational therapy, speech therapy, and medication.

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Colorado Department of Transportation’s (CDOT) Zero Death Initiative

Published on: November 3, 2023 | Cook, Bradford & Levy, LLC

The Colorado Department of Transportation’s (CDOT) Zero Death Initiative is a bold and visionary goal to eliminate all traffic fatalities and serious injuries on Colorado’s roadways. The initiative was launched in 2015 and is based on the Safe System approach to road safety, which recognizes that people make mistakes and that the road system should be designed to protect everyone, even when those mistakes happen.

The Zero Death Initiative focuses on four key areas:

Engineering: Making Colorado’s roads safer for everyone by designing and building safer roads, intersections, and crosswalks.

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Motor Vehicle Accidents Caused by Winter Weather

Published on: October 27, 2023 | Cook, Bradford & Levy, LLC

Winter weather can make driving dangerous, and motor vehicle accidents are more common during this time of year. Snow, ice, and fog can reduce visibility and make it difficult to control your vehicle. Additionally, many drivers are not used to driving in winter conditions and may not be prepared for the challenges they present. The dangers are compounded when driving in the mountains as conditions can change quickly and without warning.

Here are some tips on how to avoid motor vehicle accidents caused by winter weather:

Slow down. It takes longer to stop on snow and ice, so it’s important to slow down and give yourself more time to react.

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