Evidence shows that marijuana use increases the risk of car accidents. Marijuana causes slowed reaction time and dizziness while driving. Studies suggest that smoking pot prior to driving may almost double the chance of experiencing a fatal or serious car accident.
]]> In every state driving while impaired by drugs is illegal. The difficulty arises in determining when someone reaches a level of impairment. Law enforcement would like to see a legal threshold for marijuana akin to the blood-alcohol laws for alcohol.Unfortunately, it is much trickier to determine someone's level of impairment due to marijuana, because the drug stays in the bloodstream hours after use. Although past use of the drug can easily be determined, making a finding of current impairment is much more challenging.
One proposed solution is setting a limit on the amount of THC, the main chemical in marijuana, that can be in a driver's bloodstream. Currently two states have a two nanograms per milliliter limit, and Colorado is debating a five nanograms threshold in a "driving while high" bill. Last year a similar measure failed in the legislature.
Opponents argue that THC levels can be skewed by factors such as gender, age, weight and frequency of pot use. A new roadside saliva test to determine recent pot use is also under development, and may prove to be a better indicator of impairment.
Source: Insurance Journal, Stoned Driving Epidemic in Colorado, Washington Puts Wrinkle in Pot Debate, Kristen Wyatt, 19 March 2012
]]>Over 60 Colorado law enforcement agencies arrested 274 individuals suspected of driving while impaired by alcohol or drugs. This continues a decline in Super Bowl weekend DUI arrests over the past two years. In 2010 and 2011 there were 371 and 303 DUI arrests respectively. The hope is that the decrease in DUI arrests also translates to fewer Colorado drunk driving accidents.
]]> Those arrested on Super Bowl Sunday accounted for 125 of the 274 arrests. Officials suspect that heavy snow on February 3rd may have kept many drivers off the roads over the weekend.Denver had the most DUI arrests with 33; it was followed by Colorado Springs with 26 and Aurora with 21.
Even though there was a decline in DUI arrests, the Chief of the Colorado State Patrol still isn't satisfied. He explained, "Even though we urged people to plan ahead, at least 274 drivers still didn't get the message. Now they are facing fines and costs totaling $10,270. It's time people start listening. Drinking and driving is against the law, it endangers lives and if you do it you will get caught."
There are plans for more rounds of increased DUI enforcement. Efforts will take place on St. Patrick's Day, which this year occurs on a Saturday, and beginning on March 16th the "Heat is On DUI" enforcement effort kicks off.
Source: Colorado DOT, 274 Arrested for DUI over Super Bowl Weekend, 13 February 2012
]]>In fact, a recent study links headphone use to a significant spike in pedestrian fatalities. Serious injuries as a result of headphone use by pedestrians have more than tripled during the past six years, according to research from the University of Maryland. The data showed that 70 percent of pedestrians wearing headphones who were hit by motor vehicles or trains were fatally injured.
In a Colorado pedestrian accident, a 21 year-old woman was hit by a Denver light rail train about two months ago. According to her mother she was wearing earphones, and didn't look both ways. Although the woman survived the accident, and was recently released from Denver Health Medical Center, she continues to undergo rehabilitation.
]]> Listening to headphones while driving is also dangerous, and it is against the law in Colorado. This, however, doesn't stop many Colorado drivers from engaging in the behavior. Regardless of whether the ear buds are connected to a phone or music, Colorado drivers are prohibited from having both ears covered. A Colorado State Patrol Trooper explained, "We want one to be open so you can hear alarms, whether it be from emergency equipment or from a train."The Colorado State Patrol is therefore advocating for "ears-free" walking and driving.
Source: 9News, State Patrol encourages 'ears-free' driving, walking, Eric Kahnert and Kim Christiansen, 18 January 2012
]]>Although many Colorado drivers are experienced driving in the conditions of snow and ice, it never fails that the first major snowstorm causes a number of traffic delays and auto accidents. Since that first big storm may be just around the corner, now is a good time to provide a refresher of helpful winter driving precautions.
]]> Tips for Winter DrivingDrivers can also call the CDOT hotline at 511 for road conditions and road closures.
By taking appropriate precautions and exercising patience, Colorado drivers can help to prevent winter driving accidents and make the roads safer for everyone.
Source: Colorado Springs Gazette, Simple tips for safe driving on snow and ice, R. Scott Rappold, 5 December 2011
]]>In 2003 Colorado eliminated no-fault insurance, also known as personal injury protection or PIP. Instead, all policies are now required to offer consumers at least $5,000 in medical payment coverage, often referred to as med-pay. Med-pay must be included as part of every auto insurance policy unless a consumer specifically opts out of the coverage in writing.
The purpose of med-pay is to provide coverage for immediate medical costs after an accident related to injuries of driver and any passengers in the vehicle, regardless of fault. Examples of covered expenses include first responders, ambulance rides, and emergency room costs. Med-pay provides coverage for these services up to the limit set by the policy.
]]> After a motor vehicle accident, a victim's medical bills may be paid through multiple sources including the victim's health insurance, Medicare and med-pay. This may result in insurance subrogation issues since payers will want to receive payment from any personal injury settlement. It is important to note that med-pay is not subject to subrogation, so victims should consider how the benefit is best utilized based on their unique circumstances.A personal injury attorney experienced in coordinating benefits can help accident victims maximize their benefits and receive the compensation they deserve after an accident.
Source: Department of Regulatory Affairs, Division of Insurance, Medical Payment (Med-Pay) Coverage in Colorado
]]>Rear-end accidents can be caused by many things. Drivers following too closely to the vehicle in front of them cause a majority of these crashes. Distractions also play a big role in these types of collisions. In addition, adverse road conditions and disregarding safe driving speeds can also play a part.
]]> Since 2004, the Insurance Institute for Highway Safety (IIHS) has been studying rear-end crashes. This independent non-profit has found that when a motor vehicle is struck from behind, it is accelerated forward and that this force causes seatbacks to push against a driver's and passenger's torso. Propelled forward, the vehicle occupants' unsupported heads lag until their necks reach a distortion limit and then are whipped forward. As a result of this force, many people suffer neck injuries, as well as back, shoulder, knee, spine and head trauma.In order to reduce the risk for rear-end accidents; motor vehicle operators can take precautions. For commercial drivers, written company policies and education programs about traffic safety and behind the wheel activities, such as cell phone use, are crucial. Both commercial and non-commercial drivers should remember to keep pace with traffic and avoid tailgating and distractions. These are all helpful ways to avoid rear-end collisions.
When a driver or their passengers are injured due to a rear-end crash, they may have to deal with property damage, lost time from work and medical bills. In these cases, a reputable personal injury attorney can help crash victims negotiate with insurance companies and protect victims' legal rights.
Source: Insurance Institute for Highway Safety, Q & A: Neck Injury
]]>Source: Truckinginfo.com, FMCSA Testing Driver Monitoring Systems, Oliver B. Patton
]]>There are about ten million motor vehicle accidents in our country every year. A considerable number of them are the result of a driver making a left turn. Left turns can be dangerous because drivers may have to cross several lanes of oncoming traffic. Drivers often have a hard time judging other vehicles' speeds and distances, resulting in car accidents.
Solutions to the Left Turn Problem
Left turn lights, that give arrows for drivers to allow them to safely cross the intersection, are very inefficient. A driver may have to sit through several light cycles before the turn can be made. Such lights also stop all of the other drivers while the turn cycle is activated. Basically although they improve safety, left turn lights waste a significant amount of drivers' time.
]]> Traffic patterns such as round-abouts and four way stops have been implemented to help drivers avoid having to make difficult left turns. Both systems, however, can cause confusion among drivers.Traffic engineers have recently developed a new traffic pattern that will help drivers to avoid having to make left turns. It is called the diverging diamond interchange, and maneuvers drivers along a diamond shape pattern. The traffic pattern is more of a criss-cross, and gives drivers a more normal driving flow. They do not have to cross over several lanes to make left turns as they do at a stopped intersection. The drivers simply use ramps designated for left turns. So far only about six such interchanges have been built, but more are in the works. The hope is that this type of traffic pattern will significantly reduce left turn car accidents.
Involved in a Left Turn Accident?
Left turn accidents can result in people being seriously injured or killed. If you or a loved one has been involved in a left turn accident contact a knowledgeable personal injury attorney. A lawyer can evaluate your claim, advise you of your options and help you pursue compensation for your injuries.
]]>Recently we published an article on this subject of Colorado's family car doctrine. This blog will provide an overview of some of the main points parents of teen drivers should know.
Colorado is among about half the states that follow a rule called the "family car doctrine". Essentially the family car doctrine makes the owner of a vehicle liable for any damage caused while it is being driven by a family member with the owner's permission.
]]> Specifically in Colorado, four elements are required for liability under the family car doctrine. The liable party (usually a parent) must be the head of the household, have control of the vehicle, the driver needs to be a member of the household, and express or implied permission to use the vehicle must have been given.Teen drivers are held to the same legal driving standards as more experienced drivers. Their inexperience, however, may make them more likely to get into motor vehicle accidents causing not only risks to their personal safety, but also risks for their parents' financial liability. In order for parents to protect themselves financially from liability for their children's car accidents they should make sure they have ample auto insurance coverage, with both liability and uninsured/underinsured motorist coverage.
Of course the circumstances of every accident are different. If you experienced injuries from an accident with a teen driver, or are the parent of a teen driver who caused an accident, contact a knowledgeable Colorado personal injury attorney to discuss your rights and options.
]]>A study from the University of Alabama reveled that ten percent of students admit to using mobile phone apps while driving "often" or "nearly always". Over a third of students admit to "sometimes" using apps while driving.
Some phone apps help with driver navigation, but majority are geared towards entertainment and socializing. Therefore the use of apps is almost never urgent, and generally avoidable, as long as the driver makes a point to not drive distracted.
Lauren McCartney, who conducted research for the study, explained what surprised her most: "What really stood out was the number of participants who verbally reported understanding that using mobile internet while driving was dangerous, but continued to do it." Ten percent of those students surveyed experienced motor vehicle accidents in the past three years at least partially caused by distracted driving.
]]> The degree of distraction posed by apps is likely even greater than talking or texting because of the required cognitive effort, and the greater amount of time drivers take their eyes off the road.Nationwide 74.6 million people owned smartphones during the three month period ending in April 2011, according to the research firm Comscore. This is up 13 percent from the previous period ending in January 2011.
As smartphone ownership proliferates and technology continues to advance, driver distraction will likely continue to increase. All drivers should make a conscious effort to avoid distracted driving and keep their hands on the wheel and mind on the road.
]]>In an effort to reduce the number of drunk driving accidents, an extensive DUI crackdown, the "100 Days of Heat" began in Colorado the Friday before Memorial Day 2011 and will continue until Labor Day. There will be increased numbers of patrols and roving checkpoints. Last year, the "100 Days of Heat" effort resulted in over 3,000 arrests of Colorado drivers for driving while impaired.
Chief of the Colorado State Patrol (CSP), Col. James Wolfinbarger, explained the importance of the effort, "We're entering the deadliest season of the year on our roadways, so the DUI enforcement we do over the next 100 days will be critical in saving lives across the state."
]]> The CSP also asks the public to report those drivers they suspect are impaired, and always designate a sober driver or use public transportation if you are planning on drinking. By taking simple steps like these you may prevent a tragic drunk driving accident from occurring.The "100 Days of Heat" is part of Colorado's "The Heat Is On" campaign. The effort focuses on increasing DUI enforcement, as well as public awareness. CDOT provides funds to local law enforcement agencies to pay for overtime for DUI enforcement. Federal funds are also used by CDOT's Public Relations Office for advertising and outreach.
Hopefully increased public awareness and stricter enforcement will result in fewer motor vehicle accidents and fatalities this summer.
Source: The Heat is On
]]>According to the NSC, nationwide, falls are one of the top causes of unintentional injury. They account for almost 8.6 million ER visits. Older adults are particularly susceptible to falls, with those over age 65 having four times the number of fall deaths compared to all other age groups.
The most frequent locations falls occur include: ramps, doorways, cluttered walkways, areas prone to ice or wetness, uneven surfaces and heavy traffic areas. In particular, falls from ladders or stairs, from one level to another, may cause serious injuries like broken bones and head injuries.
]]> If you suffered a slip and fall (or trip and fall) accident that occurred at a business like a grocery store, bar, restaurant, shopping center or other commercial establishment, a negligent property owner may be held responsible for your injuries. Examples include spills in store aisles that are not cleaned up in a timely fashion, or ice that is not properly removed from a building's entrance. Slip and fall victims may receive compensation for medical expenses, lost income and pain and suffering.If you think you may have a claim you should not delay in contacting an experienced attorney. Evidence of the fall hazard must often be obtained quickly before conditions change or repairs are made.
Source: Prevent Slips, Trips and Falls June 19-25; National Safety Month 2011
]]>Even with the decrease in motorcycle deaths, riding a motorcycle is not without risk. Although only about three percent of all registered vehicles in Colorado are motorcycles, they still constitute 18 percent of the vehicles involved in traffic deaths. There were 98 deaths from motorcycle accidents in Colorado in 2008, 88 in 2009 and 82 in 2010.
Colorado has also experienced a surge in motorcycle registrations, with a 2.5 percent increase in 2010 from the preceding year. Though the state has some of the most striking scenery in the country, biker organizations, like Abate of Colorado, feel the increase may be due to the troubled economy and high gas prices.
]]> One effort to increase motorcycle safety is the publication of a skill rating map of Colorado motorcycle routes. The map is color coded, with the more challenging routes colored red and the easiest ones in green. This helps inexperienced riders avoid the more difficult routes, like the winding mountain routes of Loveland and Fort Collins, and minimize the risk of accidents. The maps are available though the Colorado Department of Transportation (CDOT), Abate and the Colorado Sportbike Club.Abate and other groups are also encouraging riders to attend motorcycle safety classes that teach riders how to avoid accidents, navigate turns and deal with various road conditions. Over 30 percent of riders involved in deadly collisions last year lacked the required motorcycle endorsement on their license.
May is Motorcycle Awareness Month
CDOT is promoting Motorcycle Safety Month by advertising through the media and on highway signs. Motorists are reminded to watch for motorcycles and understand that they have to share the road with them. Motorcycles can be difficult for drivers to see because of their smaller size, and motorists often misjudge a bike's speed and distance.
A majority of accidents occur at intersections as a result of motorists making left turns into the paths of motorcycles they fail to see. Motorcyclists and drivers should both exercise extra caution at intersections and make sure they use appropriate signals.
]]>Dog bites account for over one third of all claims on homeowners' insurance policies. Some insurance companies are attempting to limit their exposure to dog bite claims by declining to insure homes with certain breeds, claiming that the practice helps control costs for all insured homeowners.
Large dogs are the common targets for declining liability coverage, as they are able to cause the most damage in a single attack. The 'bad dog' lists upon which insurers commonly base a decision to provide or not provide coverage comes from dog-bite studies conducted by the CDC and typically include, among others: Rottweiler, pit bull, Great Dane, Doberman pincher, Siberian Husky, Akita, Chow chow, Saint Bernard, and German shepard.
]]> "They [insurance companies] lose absolutely nothing by not insuring pit bull or Doberman owners," says Larry Cunningham, assistant dean of St. John's University School of Law in New York. "So they lose a few paying customers. From their perspective, they lose a lot of risk, too."Despite Colorado's prohibition against breed-specific discrimination, several cities, including Denver, have enacted bans against specific 'dangerous' dog breeds. Owners of the banned breeds and their supporters have protested such citywide legislation as unfairly targeting breeds rather than dogowners who fail to properly train or supervise their dogs. According to the Colorado Association of Animal Control, Labrador Retrievers have the highest incidence of bites in the state, yet they are not on the list of banned breeds.
Those who disfavor Denver's treatment of specific breeds believe the responsibility (and the blame for dog bites) lies with the owner, not the breed. And some insurance companies agree, "Our underwriters believe it doesn't have much to do with the breed; it has more to do with the upbringing and training of the dog," said Dick Luedke of State Farm Insurance.
]]>Over sixty percent of young people admitted to using a cell phone while driving, and 30 percent have engaged in texting while driving.
The dangers of distracted driving are undeniable. According to the U.S. Department of Transportation (DOT), in 2009, 5,474 people died and an estimated 448,000 were injured in motor vehicle accidents involving distracted driving. Eighteen percent of fatal accidents involved motorists using a cell phone. The age group with the largest proportion of fatal crashes involving distracted driving was those under age 20.
]]> Distracted driving encompasses many behaviors such as eating, grooming and changing the radio station. Texting while driving, however, is seen as particularly dangerous because it involves all three types of distraction identified by the DOT: visual (not looking at the road), manual (removing your hands from the steering wheel), and cognitive (taking your mind off driving).Consumer Reports and the DOT are teaming up to increase awareness about distracted driving among teens. A public service announcement will be sent to television outlets and a free guide will be available online for parents and teachers to use in educating teen drivers.
Ray LaHood, U.S. Transportation Secretary, also announced the release of the newest video in the series "Faces of Distracted Driving". Loren Vaillancourt, Miss South Dakota, appears in the video discussing her brother's death caused by distracted driving.
Hopefully increased awareness of distracted driving will lead to a decrease in auto accidents and safer roads for everyone.
Source: New campaign seeks to get teen drivers off their cellphones
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