Motorcycle Accidents Frequently Result in TBI

June 4th, 2014

motorcycleThe majority of motorcycle accident fatalities occur because of head injury, yet the state of Colorado only requires that drivers and passengers under the age of 18 wear a DOT approved helmet. Regardless of the law, all Colorado motorcyclists should wear a helmet. Why? By wearing a helmet, you drastically lower your chances of severe injury and/or death. In fact, in 2011, the NHTSA estimated that motorcycle helmets saved over 1600 lives.

Motorcycles don’t offer their drivers much protection during accidents. Even minor crashes that occur at relatively low speeds can result in a serious and debilitating head injury. Depending on the severity of the hit, an individual with TBI may experience mild, moderate, or severe symptoms, including but not limited to:

  • Loss of consciousness, ranging from a few seconds to several hours, depending on the severity

  • Persistent headaches

  • Nausea and/or vomiting

  • Drowsiness or fatigue

  • Loss of balance

  • Blurred vision

  • Ringing in the ears

  • Clear fluids leaking from nose

  • Slurred speech

  • Agitation

  • Feelings of anxiety and/or depression

According to a study published in the Journal of the American Medical Association, between 2006 and 2010 there was a 30 percent increase in emergency rooms visits relating to Traumatic Brain Injury. Out of approximately 138 million ER visits, 1.7 percent of these patients were diagnosed with TBI.

If you or someone you love has sustained a traumatic brain injury due to a motorcycle accident, it is imperative that you speak to an experienced Pueblo motorcycle accident lawyer immediately. Motorcycle accident victims will often experience long-term pain and suffering, and struggle with the long road to recovery. As such, they will need compensation to help pay for a variety of expenses. After all, recovering from such a serious injury is not only physically demanding, but financially demanding as well. Medical costs including hospitalization, physical therapy, rehabilitation, and medications can debilitate a family financially.

Contact Pueblo Motorcycle Accident Attorneys

The severity of injuries received in a Pueblo motorcycle accident demands that victims exercise their full rights under the law to recover compensation for medical expenses, therapy bills, lost wages, and damages. Any Colorado rider that has been involved in a motorcycle crash is advised to seek counsel immediately.

mickey-officeIf you have been injured in a Pueblo, Colorado motorcycle crash, attorney Mickey W. Smith can help. Call Pueblo motorcycle crash attorney, Mickey W. Smith, today for a FREE CONSULTATION – (719) 544-0062.

Shhh! You’re Being Watched (How Personal Surveillance Can Affect Your Personal Injury Claim)

May 19th, 2014

Once you file a personal injury claim in Colorado, the defense will begin their task of fighting it. Whether it’s the insurance company or a private defense lawyer, the defense will look to find any evidence that will help reduce their liability—and ultimately your compensation. As long as you are in a public setting, you can believe that you are being watched—and watched closely.

Defense lawyers and insurance companies often hire private investigators to follow injured accident victims around—often at a distance. You may not even be aware of their presence because they are trying to be invisible. The idea here is to “catch” you doing something your injury should be preventing you from doing. This is often used to expose individuals who file fraudulent claims or claim injuries are more severe than they are. These investigators will often wait for hours in their car or on a park bench, just waiting to snap the perfect picture or take the perfect video.

Unfortunately, these images don’t always convey the whole story and it is up to your injury lawyer to prove this. For instance, if the investigator snaps a photo of you bending over to pick up a dollar that you dropped, the insurance company may argue that your back isn’t hurt as badly as you claim. Yet, they fail to take into account the future repercussions of these activities. While you may have bent over to pick up the money you dropped, you may also have been in serious pain the rest of the evening, forced to take extra pain medication, or lie down the remainder of the day.

While investigators can be unscrupulous in their attempts to get the perfect shot for their clients, some rules of basic privacy are retained. No one is allowed to tap your phone, or videotape anyone through the windows of their own home. If someone breaks these rules, then he or she could be found guilty of a crime.

During your deposition, the defendant’s attorney may ask you specific questions about what types of activities you can and can’t do. It is important that you answer honestly during the questioning, because by this point—he or she will have already received the video and photos taken by the investigator. If you purposefully answer untruthfully or forget something you did, you may sabotage your case—and your right to receive compensation for your injuries.

If you think that you are being investigated or watched, it is important to let your Colorado personal injury attorney know. He or she can tell you how to proceed and ensure that the defense attorney allows you access to copies of the videos once they are produced.

Contact Pueblo Car Accident Attorney Mickey W. Smith Today!

mickey-officeIf you or someone you love is injured in a Pueblo accident, it is important to contact an experienced Pueblo car accident attorney immediately. Your attorney will need to investigate all aspects of your case to determine who is ultimately to blame for your accident and your injuries.

Call Pueblo Personal Injury Attorney Mickey M. Smith today for a free consultation at (719) 544-0062.

Excessive Speed and Head-on Collisions in Colorado

April 29th, 2014

Excessive speed may have played a role in a head-on collision, which lead to the death of 2 men. Ryan Gorter, 28, of Boulder, was riding a motorcycle westbound on Larimer Country Road 38E when he crashed head-on with another motorcycle driven by Rick Ross, of Loveland. The head-on collision caused both riders to be thrown from their motorcycles. Ryan Gorter died at the scene of the accident and Rick Ross was taken to a nearby hospital where he later passed away.

Fatality of Head-on Collisions

Head-on collisions are among the most serious accidents, and hold one the highest fatality rates. When involved in a head-on collision, the two vehicles involved in the crash combine speed, causing the human body to undergo and absorb a tremendous amount of force. For instance, if both cars were traveling at 55 miles per hour, it would be like hitting a brick wall at 110 miles per hour. In 2005, head-on collisions made up for approximately 2% of all car accidents but accounted for 10% of fatalities.

Head-on Collision Injuries

Injuries sustained in head-on collisions can be quite serious. When severe injuries are sustained, victims can deal with months or even years of recovery time. In addition, car accident victims will suffer an immense amount of pain and suffering. Injuries can include broken and shattered bones, nerve damage, brain injuries, spinal trauma, lacerations, burns and in the most traumatic of cases, death.

Head-On Collisions and Wrongful Death

When a loved one is lost in a head-on collision, you may be able to file a wrongful death lawsuit. Wrongful death claims are based on the negligence of the driver that caused the accident. Proving that the “at fault” driver failed to respond in an appropriate manner, causing an accident can be difficult. It is crucial to seek legal representation if you think you are eligible to file a wrongful death lawsuit in Colorado.

Immediately after a head-on collision, it is best to consult with an experienced Pueblo car accident attorney immediately. Medical bills, therapy, lost wages, and medications can add up to an overwhelming amount of money. Your attorney can help you collect the compensation that you need to help you while recovering, and for any pain and suffering, as well as future problems that are unforeseen.

Contact Pueblo Car Accident Attorney Mickey W. Smith Today

If you or someone you love is injured in a Pueblo head on car accident, it is important to contact an experienced Pueblo car accident attorney immediately. Your attorney will need to investigate all aspects of your case to determine who is ultimately to blame for your accident and your injuries.
Call Pueblo Personal Injury Attorney Mickey M. Smith today for a free consultation at (719) 544-0062.

Attorney Smith serves clients in Pueblo, Pueblo West, Penrose, Florence, Salt Creek, Avondale, Boone, Canon City, Colorado City, Swallows, and Fort Carson.

Allstate and Insurance Disputes

March 21st, 2014

Insurance disputesIf you are a member of Allstate, you may believe that you are protected by one of the nation’s largest insurance companies. After all, their slogan promises: “You are in good hands with Allstate”. Yet after a tragic accident, nothing could be farther from the truth. Allstate’s policy is to protect their shareholders—not their policyholders and they go to extraordinary lengths to do so.

Insurance companies like Allstate are a business—and like all businesses, they are in business to make money. The American Association of Justice once ranked Allstate as the worst insurance company in America because of their continued engagement in bad faith practices. Even Allstate’s former CEO, Thomas Wilson, admitted that they gave awards to insurance claims adjusters who could deny the most claims in a month. They even held document-shredding parties.

In recent years, Allstate has been the subject of some serious investigations by the National Association of Insurance Commissioners for the use of a software program called Colossus. This software program improperly calculated thousands of settlement claims and resulted in Allstate being forced to pay a $10 million regulatory settlement.

If you are not one of Allstate’s members, you may be feeling pretty relieved right now. Unfortunately, Allstate is just one of many insurance companies who routinely engages in bad faith practices. Insurance giants, such as State Farm and Progressive also have been in hot water lately due to insurance disputes and unfair claims practices.

Before you speak to an insurance adjuster after an accident, it is important to understand why these companies are not on your side. This way you can avoid being taken advantage of by the insurance companies and you can recognize devious, bad faith practices when they begin.

Contact Pueblo Car Accident Attorney Mickey W. Smith Today!
When an insurance company is treating you unfairly, you need an experienced and skilled Pueblo personal injury attorney on your side to fight for your rights. Your attorney will stand up to the large insurance companies and expose their bad faith tactics.

Call Pueblo Personal Injury Attorney Mickey M. Smith today for a free consultation at (719) 544-0062.

Attorney Mickey Smith serves clients in Pueblo, Pueblo West, Penrose, Florence, Salt Creek, Avondale, Boone, Canon City, Colorado City, Swallows, and Fort Carson.

Marijuana DUI Accidents on the Rise in Colorado

February 28th, 2014

Pueblo DUI car accident attorneyOn January 11th, 23-year-old Keith Kilbey crashed his car into two Colorado state troopers who were investigating a reported accident in the area. The two officers had parked their cars in the left lane on an exit ramp and were investigating a nearby accident when Kilbey smashed into their police cars. Luckily, the two officers were not in their vehicles at the time of the accident.

The state troopers suspected Kilbey of driving under the influence of marijuana and arrested him. Even though marijuana use has been legalized in the State of Colorado, driving under the influence is still against the law. A driver is considered to be under the influence of marijuana with 5 nanograms or more of active TBC per milliliter of blood.

Prior to legalizing marijuana, the Colorado Department of Transportation already reported an increase in drivers on the road who tested positive for marijuana. In 2007, for example, the number of suspected DUI drivers who tested positive for marijuana was 28%. By 2010, that number was 58%.

As Colorado begins its new journey into legalized marijuana, there may be more drivers on the road who are under the influence. When their negligence causes an accident, they can—and should be held liable.

If you or someone you love is injured in a Pueblo DUI car accident, it is important to speak to an experienced Pueblo car accident attorney immediately. Your attorney may need to interview eyewitnesses, review the police report, obtain lab results, and employ accident recreation experts to establish who is at fault for your accident. If the at-fault driver was under the influence of marijuana at the time, then you may be able to file a personal injury lawsuit against them seeking both compensatory and non-compensatory damages.

Contact Pueblo Car Accident Attorney Mickey W. Smith Today!
mickey-officeIf you or someone you love is injured in a Pueblo automobile accident, it is important to contact an experienced Pueblo car accident attorney immediately. Your attorney will need to investigate all aspects of your case to determine who is ultimately to blame for your accident and your injuries.

Call Pueblo Personal Injury Attorney Mickey M. Smith today for a free consultation at (719) 544-0062.

Attorney Smith serves clients in Pueblo, Pueblo West, Penrose, Florence, Salt Creek, Avondale, Boone, Canon City, Colorado City, Swallows, and Fort Carson.

Use Extra Caution When Driving in Winter Weather

January 24th, 2014

 

This winter has already been brutal, and Colorado has seen plenty of snow, ice, and freezing rain. This wintery weather mix can be particularly dangerous for anyone who needs to drive on Colorado roads. While the best way to avoid catastrophic and deadly Colorado car accidents is to stay indoors during bad weather, there are times when individuals are forced to hit the roads. If you are driving in winter weather this season, here are several important safety tips to keep in mind.

Prepare Your Vehicle for Winter—your car should be winterized prior to heading out. This means carefully checking your tires to be sure they have enough tread and that they are properly inflated. You will also want to check your fluid levels to ensure that you have enough antifreeze in your car and windshield wiper solution.

Make an Emergency Car Kit—the Colorado Department of Transportation suggests that all drivers prepare an emergency kit for unknown situations. You should have a stocked first aid kit, working road flares, a scraper, snowbrush, coat, hat, gloves, blanket, flashlight, tire chains, matches, a gallon of water, and nonperishable food in your car.

Use Extra Caution when Driving—when driving in winter weather, be sure to maintain a longer distance behind other drivers. Never go faster than the posted speed limit signs and always keep your full attention on the road. If your cellphone is distracting, consider turning it off during your drive.

Listen to the News—before you head out, check with local news channels and weather apps to be sure you are not caught unprepared. If roads are closed or there are accidents already on the roads, you can avoid unnecessary delays and dangerous situations by changing your route ahead of time.

Icy Roads are Deadly

Colorado roads can be especially treacherous in winter weather. Even when roads look cleared, black ice can be deadly. Icy roads account for 467 fatalities every year across the United States, and 16 of those fatalities occurred in Colorado alone. This accounts for 70% of all winter road deaths.

mickey-officeIf you or someone you love is injured in an automobile accident, it is important to contact an experienced Pueblo car accident attorney immediately.

Call Pueblo Personal Injury Attorney Mickey M. Smith today for a free consultation. (719) 544-0062.

What are the Symptoms of Whiplash?

December 11th, 2013

 

  • I was injured in a rear end accident in Pueblo, Colorado; my neck hurts, is it whiplash?

  • I was hit from behind and now I can’t turn my neck, could I have whiplash?

  • My mom was injured in a car crash and now she has stiffness in her neck; could she have whiplash?

 

 

Whiplash is a very common injury that routinely stems from rear-end type accidents. The violent forces of the accident cause the head and neck to “whip” back and forth. This ultimately damages the ligaments and tendons in the neck, causing whiplash.

 

 

Unfortunately, whiplash symptoms can take days and even weeks to become fully realized. This is why so many insurance companies doubt victims who suffer whiplash as an injury. As a result, they may harass victims, delay claims, or even refuse to pay legitimate claims. When this occurs, you need an experienced Pueblo, Colorado personal injury attorney on your side.

 

 

What are the Symptoms of Whiplash?
In order to understand a diagnosis of whiplash, you first have to identify and understand the symptoms of whiplash and how these symptoms could affect your life. Symptoms of whiplash include:

 

  • Neck Pain

  • Stiffness in neck and upper extremities

  • Headaches

  • Tenderness of neck muscles

  • Reduced movement in neck

  • Shoulder pain and stiffness

  • Dizziness

  • Fatigue

  • Jaw pain

  • Arm pain or weakness

  • Visual disturbances

  • Tinnitus

  • Back Pain

  • And more

 

 

These symptoms can range from mild and aggravating symptoms to painful and debilitating muscular disorders. If undiagnosed or untreated, whiplash can become chronic and can lead to a lifetime of limited mobility, decreased range of motion, pain, and decreased quality of life.

 

 

Whiplash victims often find it difficult to drive, perform physical activities, enjoy hobbies, walk long distances, or even perform their daily care. They may be unable to continue in their chosen profession and may suffer extreme pain and neck stiffness even years after an accident.

 

 

mickey-officePueblo Personal Injury Attorney Mickey W. Smith understands all aspects of whiplash and fights aggressively to hold negligent parties responsible. If you have been injured in a car accident in Pueblo, Colorado, you need an attorney on your side from the moment you are injured. Call (719) 544-0062 to speak with a personal injury lawyer and receive your FREE case evaluation! Mickey W. Smith will fight for you, so you can focus on your recovery.

 

Questions to ask when hiring a trucking accident lawyer

October 22nd, 2013

 

truck-accidentRoad accidents that involve trucks are some of the most deadly accidents. If you or someone you know has been involved in a crash involving a truck, you need to get help from a truck accident attorney. This is because trucks are complex machines and some of the massive tractor-trailers that you see travelling on the roads are often equipped with advanced onboard computer systems. Although they are needed to transport goods and products from one place to another, they do pose a significant safety concern to other people on the roads.

Due to the complexity of the machines, the investigation and litigation of truck accidents present a host of complex challenges. Therefore, you cannot just hire a personal injury lawyer or a general practitioner and need to get in touch with a truck accident lawyer. Most of the attorneys who specialize in this field will be willing to provide you a no-obligation first meeting, or an initial consultation completely free of cost. This initial meeting will give you a chance to interview them and ask any questions regarding your potential lawsuit.

In your first meeting with a truck accident lawyer, you should ask the following questions:

  • When did they graduate from law school?

  • How many years of experience do they have handling truck accident cases?

  • Do they take other types of cases too, or do they just specialize in truck accident cases?

  • If yes, what percentage of their practice is focused on trucking accidents?

  • Are they up-to-date with the current truck accident laws in your state and how do they do that?

You must also discuss your case with them and ask them to give you an assessment of your case. For that, you can ask the following questions:

  • How strong is your case?

  • What are the strengths and weaknesses of your case?

  • Are you likely to get a settlement?

  • If yes, how much?

  • How will the trial proceed and what will happen?

  • How long will the case be in litigation before it is wrapped up?

  • Do they believe that more than one party is responsible in causing the accident?

You should also ask them questions about how they will manage your case?

  • Ask them if they will be representing your case themselves or another lawyer in their firm will be doing that.

  • If you have any questions regarding your case or if you want to discuss your case, who will you be contacting?

  • How long is their normal response time?

  • Will you get regular updates on your case?

  • If yes, how often will you get those updates and who will give those updates?

Answers to all these questions will give you a fair idea about how the lawyer or law firm operates and how your case will be handled. Consider trustworthiness, experience, way of communication and level of confidence as the deciding factors before you select a truck accident lawyer.

mickey-officePueblo Personal Injury Attorney Mickey W. Smith is an attorney in good standing with both the Colorado Bar Association and the Colorado Trial Lawyers Association. You can trust him to have a thorough understanding of all of the legal issues of your case. Call (719) 544-0062 to speak with a personal injury lawyer and receive your FREE case evaluation!

Author Bio:

Attorney Bradford Kvinta provides aggressive criminal defense and DWI defense in San Antonio, Texas. He specializes in Estate planning and probate as well as family law.

Man Has Died After Being Hit By A Car

September 19th, 2013

memorialA man who was hit by a car while crossing the street has died, according to 9 News. While police are unsure of who had the right of way, a pedestrian who was apparently in the crosswalk was hit by car in the very early hours of the morning. The driver fled, and the man died at the scene of the accident. Police believe that if the driver had stopped to help, the victim may have been saved. The police recovered trim from the vehicle at the scene, and were able to make an arrest later in the day. They have also taken the car in order to determine whether it matches the damage from the crash.

Have you or a loved one been killed in a car accident? Speak with an experienced Pueblo Colorado wrongful death attorney immediately to discuss your options.

Each year, the National Highway Traffic Safety Administration reports that over 30,000 people die in traffic accidents. Over 4,000 of those, roughly one fifth of the total, are pedestrians who are struck by cars. Pedestrians are particularly vulnerable in traffic accidents because they have no protection. What is especially tragic is that a great number of these deaths are preventable, occurring as a result of negligence by one or more driver. If failure by one driver to follow the law or basic traffic safety results in the death of another person, that person’s family may be entitled to financial compensation for the loss of companionship that they have suffered.

mickey-officeThe judge and jury will decide the amount of compensation you need based on how much the family lost in support, lost income and inheritance as well as funeral expenses or medical costs. Your Pueblo wrongful death attorney will be there every step of the way—throughout the entire legal process. You are not alone—contact a Colorado personal injury law firm today. Call Pueblo Personal Injury Attorney Mickey M. Smith today for a free consultation. (719) 544-0062.

Collision on U.S. Highway 6, One dead and Ten Injured

August 19th, 2013

 

On August 4, a Ford Explorer collided with a casino bus and then wrecked into a Chevy sedan in Golden at Tunnel 1 on U.S. Highway 6. The crash occurred at approximately 6:00 a.m. after the Ford Explorer crossed over the center lane and into incoming traffic. The driver of the SUV was pronounced dead on the scene, eight of the 40 passengers on the casino bus were hospitalized for injuries, and two passengers in the sedan were also taken to a hospital for minor injuries. The cause of the crash is unknown at this time.

 

Consider the following head-on collision statistics according to a 2011 report conducted by the Federal Highway Administration:

  • approximately “20% of roadway departure fatal crashes involve an opposing direction collision”

  • “75% [of head-on collisions] occur on undivided two-lane roads”

  • “most head-on crashes result from a motorist making an unintentional maneuver”

 

Have you or someone you know been injured in a car accident. Contact a Colorado personal injury attorney to ask questions and discuss your options.

mickey-officeCompensation may be needed to pay for medical expenses, rehabilitation, lost wages and emotional pain and suffering. No matter what type of accident you were involved in, a Pueblo personal injury attorney can help navigate you through the entire legal process, so you can focus on more important things—-your recovery. If you or someone you love is injured in an automobile accident, it is important to contact an experienced Pueblo car accident attorney immediately. Call Pueblo Personal Injury Attorney Mickey M. Smith today for a free consultation. (719) 544-0062.