Hit and run accidents typically occur for one of two reasons: The driver is uninsured or the driver does not have a valid driver’s license. Despite it being against the law to leave the scene of an accident, drivers still flee the scene in an attempt to avoid harsher punishment. When no witnesses are present, hit and run drivers usually get away with it. Here’s what you should do if you’re involved in a hit and run accident.

What to Do After a Hit & Run Accident

Get As Much Information as Possible About the Vehicle

If you have been involved in a hit and run accident, try to get as much information as you can about the vehicle. If possible:

• Get the other vehicle’s license plate number
• Make note of the make, model, color of the car
• Write down a description of the driver

In the case of a severe accident or if the other driver fails to stop at the scene, it may be difficult or impossible to get any information about the vehicle or the driver.

Taking photos of the damage and the accident scene can help your case.

File a Police Report

There are serious consequences to leaving the scene of an accident. Filing a police report and providing the authorities with as much information as you can about the incident will improve the chances of the police apprehending the driver.

Call the police as soon as possible and make a report of the accident. Insurance companies typically require customers to make police reports before they will submit a claim as a “hit and run.”

Gather Contact Information from Witnesses

If you are not seriously injured, talk to anyone who may have witnessed the accident. Gather contact information from as many witnesses as you can along with any information they can provide about the accident.

Report the Accident to Your Insurance Company

Once you have made a police report and spoken to witnesses, you should report the incident to your insurance company. Because this is a hit and run accident, the claim will be handled under your policy.

Contact a Lawyer

If you were injured in the hit and run accident, contact a lawyer as soon as possible. If the driver is identified, he or she could be held liable for your medical bills, pain and suffering, lost income, damages and emotional distress.

Personal injuries are quite common. Whether an automobile accident or a work accident caused an injury, there will be a need for a personal injury lawyer to fight for you during your case. Most cases, nearly 95%, will come to an end before a case goes to trial. This indicates that the vast majority of cases will not need a personal injury lawyer, but what about the remaining 5 percent of cases?

Statistics further show that 90% of cases that go to trial are in favor of the person that has made the claim. If a person that is injured has filed the claim, this is a major sigh of relief.

Conflicting Views

Settlements are met when both parties’ attorneys come to an agreement on the perspective value of a case. Oftentimes, both lawyers will find common ground and reach a settlement. This helps the defendant keep their fees lower and resolves the matter much faster.

Cases that do not reach a settlement simply have conflicting views. The biggest issues are fault and settlement values. In the event that fault is clearly demonstrated, it is far more likely that a case will be settled.

Trial Skills

While most personal injury cases do not end up going to trial, there is a slim chance your case will need to go in front of a judge. Trial skills will prove to be very beneficial at this time. A lawyer that has trial skills should be sought for any and all personal injury cases. While the case will likely be negotiated outside of the courtroom, if the case does go to trial, an inexperienced lawyer can cause their clients to lose their case or reach lower settlements.

When consulting with your lawyer, it is essential to ask about their trial skills and the last time they successfully won a case in front of a judge. Many lawyers will work on a contingency basis wherein payment and fees will not be required unless a case is won. This is a preferred arrangement in the event that a case does go to trial.

The complexity of the case and the evidence will play a major role in the necessity of a trial. Cases where injuries are prevalent and settlement numbers are not exorbitant will often be negotiated out of court. Otherwise, when cases are complex or a large settlement is possible, it becomes increasingly important to seek a personal injury lawyer that has trial experience.

A driver under the age of 21 that is charged with a DUI in Colorado will face serious consequences. The law is very strict when it comes to a DUI charge, and younger drivers caught driving under the influence need to fully understand the law and the charges they face.

Defining Driving Under the Influence

The blood alcohol level of the underaged driver will ultimately determine if they were driving under the influence. A DUI for underage drivers is defined as anyone that has a BAC (blood alcohol content) level of .02% of higher. This figure is only associated with drivers under the age of 21. Anyone older than 21 will have to meet or exceed a BAC level of 0.08%.

First Offenses

The consequences for a first offense are:

• 3 month automatic suspension of license.
• Community service work
• Associated fines and court costs.

If the driver reached or exceeded a BAC of .05%, they will face harsher punishments, including:

• 9 month suspension of license.
• More severe fines.
• Possible imprisonment of at least 5 days with a maximum of 1 year.

Subsequent Offenses

If a driver is charged with a DUI for a second time while under the age of 21, they will face harsher penalties including the following when BAC levels are between .02 and .05%:

• 6 month license suspension.
• Penalties, fines and community service.

If the driver had a BAC equal to or exceeding .05%, the consequences will be much higher. These consequences include:

• 1 year suspension of license.
• 2 days to 6 months in jail.
• Fines of $1,100 – $1,500.

Do I Need a Lawyer?

Colorado has a zero tolerance law in effect for any underage driver charged with a DUI. Legal representation is highly recommended for many reasons, particularly to help:

• Lessen or eliminate fines.
• Reduce or dismiss jail time.

With the assistance of an attorney, it may also be possible to dismiss or lessen the license suspension, though this is not a common occurrence in Colorado.

If you are innocent and were not impaired while driving, a qualified DUI lawyer will be able to determine if the equipment used during the BAC was faulty and move forward with dismissing your case. It is essential to seek the assistance of a lawyer if your DUI test was invalid in any way.

The severity of your charges might necessitate an experienced DUI lawyer join your defense.  If an underaged driver’s BAC exceeds .05%, they will automatically be charged as an adult and face additional consequences like jail time as a result. An experienced DUI lawyer can be invaluable in these situations where reduced penalties can mean staying out of jail.

If you’re underaged and facing DUI charges in Colorado, don’t trust your future freedom to the whim of the court. Get help. Contact us by email or call our office at 303-825-2223 and we’ll review the various defense strategies available in your case so you can move on with your life as quickly as possible.

Thousands of people are injured each year by defective or dangerous products. Unique laws exist specifically for with these types of injuries making product injury claims very different from traditional injury claims. Product Liability Laws address the liability of all parties involved in the creation and delivery of the product. Depending on the circumstances, any number of parties may be held liable for injuries sustained from a faulty product.

That being said, determining whether a product liability claim is valid can be a complicated process. Just because you were injured while using a product,  does not necessarily mean that someone else is to blame.

Claiming Product Liability Damages in Colorado

To establish the legitimacy of your product liability claim your legal defense team will need to prove all of the following:

That you were injured or sustained losses
That a defect in the product caused your injury or losses
That the product is, in fact, defective or dangerous
That you were using the product as intended

Were You Injured?

Many people are quick to believe that they have a valid product liability claim when they weren’t actually injured by the product, or the product didn’t actually cause any losses. Almost doesn’t count in these cases, so you will need to prove that you were injured or sustained a loss to proceed with a claim.

Do You Know?  If you did not seek medical attention for your injuries, you may have a hard time proving your case.

Was the Product Defective?

Proving that the product was defective can be tricky depending on what type of claim you are making. Proving a manufacturing error, such as a crack in a part, may be relatively easy to prove, but proving that the design of the product is flawed may be a more difficult task. You will need to prove that the danger the product poses is unreasonable. It may also be difficult to prove a failure to warn claim. In this case, you will need to demonstrate that the dangerous qualities of the product are not obvious to the everyday consumer.

Did the Defect Cause Your Injury?

Was the product defect the definitive cause of your injury? Again, this is another area that can be hard to prove and will largely depend on the product itself. Factors such as how you were using the product will undoubtedly be brought into question.

Were You Using the Product As Intended?

That is to say, were you using the product how it was supposed to be used? Using an extreme example, let’s say you used a hair straightening iron to iron your clothes, the clothes caught fire and caused burns. Since you were not using the straightening iron as the manufacturer intended it to be used, the manufacturer cannot be held liable for injuries you sustained.

Let Us Help Determine If You Have a Case

It’s plain to see that product liability claims are complicated matters. Trying to decide if you have a case worth pursuing gets overwhelming quickly without legal advisement.  The best way to determine whether or not you have a valid claim is to speak with an attorney who has experience with product liability cases, like Jeremy Rosenthal. Attorney Rosenthal was recently recognized as one of the top 100 trial lawyers in the nation and has no hesitancy bringing a case to trial to get the best result for you.

Contact us today for a free consultation about any injuries you’ve sustained from a defective product and let us help you hold the responsible parties accountable.

DUID stands for Driving Under the Influence of Drugs, and the police look for many of the same signs they look for in DUIs when making this type of stop. When people think of a DUID, they assume that this law only applies to people driving while under the influence of illegal drugs, but prescription and over-the-counter drugs can also cause you to be arrested for a DUID.

Some of the drugs that may lead to a DUID arrest include:

• Cocaine
• Marijuana
• ICE
• Meth
• Ecstasy
• Prescription and non-prescription drugs that affect a person’s motor functions.

Signs of Impairment

Police officers are trained to look for signs of impairment while drivers are driving, Some of the most common signs include:

• Reckless driving
• Driving too slowly
• Weaving
• Erratic braking
• Stopping for no apparent reason
• Driving left of center

During a DUID stop, the police will look for signs of impairment that suggest you are driving under the influence of drugs. Officers are looking for various signals that indicate a drug impaired driver including:

• Glossy or bloodshot eyes
• Pupil enlargement or constriction
• Detecting drug odors
• Slurred speech
• Swaying or loss of balance
• Muscle rigidity
• The presence of track marks
• Failure to follow instructions

Field Sobriety Assessment

When drivers are suspected of DUID, officers will typically ask the driver to perform a field sobriety test. This test may include:

• Walking in a straight line for nine steps, turning around and walking back.
• Horizontal Gaze Nystagmus Test
• Stand on one leg while counting for 30 seconds

Drivers who are suspected of driving while under the influence of drugs will also be asked to take a blood or urine test. In some cases, the officer may perform a swab test, which will test the driver’s tongue for marijuana residue.

In many states, drivers have the right to refuse field sobriety tests without consequence, but refusing a blood or urine test will, in most cases, have their license automatically suspended or revoked.

DUID Defense in Colorado

DUID cases are often complicated, especially when the use of medical marijuana is involved. If you have been arrested or stopped for a DUID, it may be in your best interest to contact our office for a consultation to help you find the best course of action for your defense.

Colorado requires that car accident injury claims are filed within a 3-year period. If a person does not file a claim within this timeframe, the statute of limitations will be enforced and the person will effectively forfeit any rights of filing a claim.

There are certain circumstances wherein the injured party will be able to file a claim after the 3 year statute of limitations has passed. This will include the following:

• Discovery Rule: In the event that a person was injured in an accident, they may not realize the extent of their injuries for quite some time. For instance, an injury may not be known or may be diagnosed improperly. In the event that the accident caused the injury and the extent of the injuries were not known until after 3 years, it may be possible to file an injury claim at this point.
• Tolling: If, outside of the person’s control, there were circumstances that would not allow a case to move forward, such as being a minor or not competent, the statute of limitations may be extended.

While these circumstances exist, it is vital to have a lawyer work through your case from the beginning. Especially with the discovery rule, there is a very short timeframe from the moment of discovery wherein a claim may be made.

Anyone that has been injured and is a minor will also have more time to file a claim. Under Colorado law, a minor will have 3 years from their 18th birthday where they can file a claim.

Personal Injury Claims Are Different

It is worth noting that car accidents have a longer statute of limitations than other forms of personal injury. Regular personal injuries will have a shorter statute of limitations with a limit of just 2 years.

When in a car accident, a person may have two different statutes of limitations imposed. One limitation would be for filing an injury claim and the second limitation would be imposed if filing a product liability claim. If, for instance, your vehicle’s accelerator was stuck due to a known defect, you would have a 2-year statute of limitations imposed on product liability and a 3 year statute of limitations for injury claims.

Get Help Now

Seeking immediate legal representation is of the utmost importance following a car accident. Not only will a lawyer be able to help you file a claim, they will know the statute of limitation laws and how to best protect your rights.  To get help for your car accident injury claim, call the Law Office of Jeremy Rosenthal today and start protecting your future.

Resources

https://www.injurylawcolorado.com/legal-library/car-accident-statute-of-limitations.html

Imagine driving down the road following the car in front of you. All of a sudden, the driver decides to slam on their brakes and you collide with the vehicle. The driver comes out of their vehicle and immediately blames you for the accident. Everyone else at the scene blames you for the accident as well.

It’s somehow drilled into every driver’s brain that if you rear-end another vehicle, it’s automatically your fault. Unfortunately, the reality is that drivers who rear-end another vehicle are almost always considered, in the very least, partially to blame for the car accident.

Determining Fault in a Rear-End Collision

The primary reason why drivers who rear-end a vehicle are almost always at-fault is because every driver has a responsibility to remain a safe distance away from the vehicle in front of them. By staying at a safe distance, you give yourself enough time to stop and avoid a collision if the driver in front of you stops suddenly and unexpectedly.

However, there are some instances when the driver who was rear-ended may also be considered negligent. This includes:

• A driver reverses suddenly and without warning.
• The driver’s brake lights are not functioning.
• A driver suddenly stops to make a turn but fails to actually make the turn.
• The driver’s vehicle gets a flat tire, but they fail to put on their hazard lights or pull over.

If both parties are considered negligent, the impact this has on the case will depend on how much each driver’s negligence contributed to the incident and how the state treats accident cases where multiple parties are at fault.

Contributory vs Comparative Negligence

Most states now follow the comparative negligence system, but a few states still follow the harsh contributory negligence system.

With contributory negligence, the other party is barred from recovering damages if they contributed to the collision to any degree. With comparative negligence, the driver’s liability may be reduced if the other party is partially to blame. However, the liability is not completely eliminated. In most cases, liability is split according to the percentage of fault.

The bottom line – If you are involved in a rear-end collision, you may not be completely to blame. As a general rule of thumb, you should not accept full responsibility for the incident without speaking to a lawyer first. If the other driver is at least partially to blame, a lawyer can build a case on your behalf and, hopefully, reduce your liability.

If you’ve been involved in a car accident and determining fault isn’t black and white, you need a lawyer to protect your rights. Call the Law Firm of Jeremy Rosenthal today for a free consultation about your situation specifically.

Potential Penalties

Colorado law states that an accident involved only property damage is classified as a Class 2 misdemeanor. If you leave the scene, you will face the following:

• Up to 1 year in jail
• Up to $1,000 in fines

These penalties are assessed only when other property (in this case, a phone pole) is involved. If you were to hit another vehicle or someone was injured in the accident, you would face:

• Up to 18 months in jail
• Up to $5,000 in fines

If you left the scene of the accident and serious bodily injury had occurred, for instance, you lost control of your vehicle, hit another car and a telephone pole, you would face a Class 5 felony. This may result in 1 – 3 years of prison and fines up to $500,000.

The Risk for Further Penalties

Merely damaging a telephone poll will result in a Class 2 misdemeanor. You will likely have to pay for any repairs that need to be made to the property damaged. These repairs are not included in the fines that will need to be paid and should be included within your car insurance policy.

If the pole were to fall and live wires were present and you left the scene of the accident, you would have to pay for any repairs necessary and greater fines may apply. While this is not common due to severe vehicle damage, it is a possibility. If you left the scene and someone was injured as a result of the damaged phone pole, you will may face further punishments as a result.

By no means do you ever want to leave the scene of an accident. Not only does this make matters worse, fleeing makes the severity of the charges greater. Ideally, you will park your vehicle in a safe location and contact the local police department to notify them of the accident.

Criminal charges against you are best met with legal representation. A lawyer will be able to help you fight any charges that have been made and protect your rights. If you’re in this situation, call the Law Office of Jeremy Rosenthal today and let us help you find the best course of action to protect yourself and your future.

Resources

https://blogs.findlaw.com/blotter/2013/05/leaving-the-scene-of-an-accident-what-can-happen.html

https://www.mycoloradodefenselawyer.com/criminal-charges/hit-run/

Toyota has agreed to pay over 1 billion dollars in a settlement for their acceleration issues. Owners of the specific Toyota models that are affected with the ETCS-I issues should have received notification of the lawsuit and their opportunity to join the suit to seek damages.

Unfortunately, the claim deadline has passed and the settlement has been deemed final since December of 2013. All distribution payments were dispersed as of March 14, 2014, and deficiency claims had their payments dispersed on July 7, 2014. Those that did not file a claim may still be deemed eligible to receive payment which will be distributed by the end of the 2014.

The deadline to submit a claim was July 29, 2013, and any owners of a Toyota or Lexus model affected by acceleration problems can view details pertaining to the class action suit here.

If a car accident was caused by erratic acceleration due to the manufacturer defect seen in the class action suit, you may want to contact a lawyer to evaluate the circumstances. If the statute of limitations has not passed, you may be able to file a product liability claim with the manufacturer. Please note that if you were notified of a recall and did not get the vehicle fixed, this will jeopardize your chances of winning a product liability claim.

It is important to note that if you are not a United States resident, you may still be able to file a claim. In Canada, the claim deadline has not yet passed. Canadian residents will be able to file a claim until September 29, 2014.

With the class action suit in Canada, any owner of a Toyota vehicle that has the acceleration defect will be entitled to the following:

• Brake Override System installation.
• A $62.5 cash payment, if the Brake Override System cannot be installed.

If you do not file, you give up all of your rights to seek compensation from Toyota. If you have any questions regarding product liability, you may contact a lawyer to better understand the class action suit that has taken place.

If you have questions about anything to do with the Toyota recall or any other product malfunction, call the Law Office of Jeremy Rosenthal for a free consultation about your situation specifically.

What is the Seat Belt Defense?

The seat belt defense decreases the amount of damages a claimant can recover if they weren’t wearing a seat belt. Buckling up is the law, and failing to wear a seat belt is, technically, a violation of the law. Supporters of the seat belt defense argue that there should be repercussions for violating this law.

The seat belt defense has yet to be uniformly adopted in the United States. At this point in time, only approximately 16 states will accept this defense. This defense is not only limited to drivers seeking damages, but passengers as well.

How the Seat Belt Defense Works

The primary purpose of the seat belt defense is not necessarily to punish the injured victim, but to provide a more realistic damage award.

Let’s say a driver is hit from behind and suffers head trauma. If the injured driver was not wearing a seat belt, the defense could argue that his or her injuries may not have been as severe had they been wearing a seat belt.

Because the driver was not wearing a seat belt, they were not only in violation of the law, but partially to blame for the severity of their injuries. The other driver may still be responsible for the accident, but because the injured driver was not wearing a seat belt, they may be found partially to blame for their injuries.

To put it simply, if you were hurt in an accident and you weren’t wearing your seat belt, you are not completely to blame for your injuries. The majority of states have not adopted the seat belt defense, which means there’s a good chance that your damage award will not be reduced because you were not wearing a seat belt.

In the states that have not adopted this defense, the fact that you were not wearing a seat belt cannot be introduced as evidence during a trial either. Even in states where this defense is permitted, your award can only be reduced by 15%.

If you were in a car accident in the Denver area and have questions about protecting your interests and legal rights, call the Law Office of Jeremy Rosenthal today for a free consultation about your situation.