Walk Safe: Pedestrian Auto Accidents On The Rise In Denver

The good news is that Denver is becoming a pedestrian/bike friendly city.  The bad news is that as a result of more people walking around, there has been a sharp increase in pedestrian auto accidents.  I have been representing pedestrians against negligent drivers since 1998 and have few tips that might help you avoid the accident to begin with.

Situational Awareness.

Whenever you get ready to walk to the store, work, the park, etc most people look outside to see what the weather is like and dress accordingly.  The same kind of awareness of your surroundings is needed while walking along the streets of Denver.  For example, as you are walking down a sidewalk make sure you pause before you cross an alley.  Most alleys in Denver have buildings that block the view of the alley for both the pedestrians and drivers.  You should never assume that a driver is going to stop before he crosses the sidewalk.  

Put Down The Device.  

As you approach any street, alley or intersection you need to stop whatever you are doing on your phone and pay attention.  Recently, while driving though a grocery store parking lot a woman walked right into my car.  I could see that she wasn't paying attention to where she was headed because she was looking directly down at her phone.  I stopped my car and she walked right into the front grill of my Tahoe. 

Make Eye Contact.

As you approach an alley, intersection or crossing a street make sure you establish eye contact with the driver.  Additionally, just because the street you are crossing has a stop sign, you should never assume that a car approaching the stop sign is actually going to stop.  For example, I live in the Capitol Hill area and I see people in cars fly up to a stop sign and perform a "rolling stop" where they don't stop at all.  As a pedestrian you can assume nothing it is just too dangerous.

Additional Tips From The Highway Safety Institute.

• Be predictable. Stay off freeways and restricted zones. Use sidewalks where provided. Cross or enter streets where it is legal to do so.
• Where no sidewalks are provided, it is usually safer to walk facing road traffic.
• Make it easy for drivers to see you - dress in light colors and wear retro-reflective material. It might be wise to carry a flashlight in very dark areas.
• Be wary. Most drivers are nice people, but don't count on them paying attention. Watch out - make eye contact to be sure they see you!
• Alcohol and drugs can impair your ability to walk safely, just like they do a person's ability to drive.
• Use extra caution when crossing multiple-lane, higher speed streets.

Go out and enjoy walking and riding around Denver, but assume you are invisible to people driving their cars and trucks.

CDOT Motorcycle Video (Graphic)

THE DREAM OF THE OPEN ROADS (Does Not Include Accidents)

The Colorado Department of Transportation has produced a video about the hazards of not wearing motorcycle gear.  The video graphically depicts what can happen to riders who don't where helmets or riding gear.

As a motorcycle accident lawyer, I can tell you from experience that not wearing a helmet and leathers comes at a steep cost if you get in an accident.  I have had clients have their entire leg de-gloved (the skin from their ankle all the way up to their thigh was torn off) because they weren't wearing protective riding gear.  I once had a client who had his right ear de-gloved because he wasn't wearing a helmet.  I've had several clients who have had every bone in their face broken because they weren't wearing a helmet.

You would never see a football player get on the field without a helmet.  Why would you ever consider riding without the proper protection?

$1,450,000.00 Settlement!

Roll Over SUV Accident

Client Compensated $1,450,000.00.

Bridgette was riding as a passenger in the third row of a large SUV that was travelling eastbound on I-80, when the driver fell asleep at the wheel.  As a result, the SUV careened off the road and rolled over several times.  Bridgette was ejected from the vehicle and incurred dozens of critical injuries. 

Several months after the accident, Bridgette was referred to the O’Sullivan Law Firm.  Immediately after being hired, Scott O’Sullivan tracked down all the possible insurance policies that might cover Bridgette’s injuries.  Scott quickly made claims against the at-fault driver’s insurance carrier (American Family) and Bridgette’s own underinsured motorist insurance (UIM) carrier.  Additionally, Scott hired several experts to help Bridgette’s establish her harms and losses.  These experts included a vocational rehabilitation expert, a neurologist and an economist.  Scott then used the experts’ reports against the various insurance companies and was able to secure the maximum policy limits in the amount of $1,450,00.00 from all the responsible insurance companies. 

But Scott’s work did not end there.  Scott also was able to make Bridgette’s health insurance company waive their right to subrogation.  Meaning Bridgette gets to keep the approximately $600,000.00 the health insurance company paid for her medical bills.  It was an honor to work on behalf of Bridgette and we are proud of how hard she has worked to recover from her injuries.

Victims of Drunk Drivers

When You’re the Victim of a Drunk Driver

Many auto accident cases involve two people who genuinely weren’t behaving so recklessly that they deserve society’s ire. People make mistakes. But when it comes to drunk drivers, our community and our laws react with severity. If you’re the victim of a drunk driver, do not hesitate to call a personal injury attorney. You have rights that you may be completely unaware of and you probably need an advocate to take care of the legal issues while you take time to heal.

Why DUI Cases are Confusing to Victims

In accidents involving people who were Driving Under the Influence (DUI), the city’s district attorney gets involved and files a criminal case against the driver. In that process, the DA is trying to prove that the other driver was drunk and to punish him or her appropriately.

But that process does not take care of you and your damages! For that, you need your own attorney to handle a civil case against the driver. 

In the criminal trial, the DA needs information from the accident victim – the extent of your injuries, damages, and other related information. But the prosecutor doesn’t call your doctors to ask about treatment; he doesn’t negotiate with hospitals to reduce your bills; he doesn’t work with insurance companies to get you the highest coverage possible. In fact, he doesn’t even know those laws. It’s not his job.

It is a personal injury attorney’s job to do all of those things – as explained throughout the rest of this book.

Think of it this way: The prosecutor’s job is to punish the bad guy in a criminal process. Your personal injury attorney’s job is to make the bad guy and his insurance company pay in the civil process.

One Misstep and We Sue

There is absolutely no reason that the DUI driver’s insurance company should balk at any of your claims for coverage. At the O’Sullivan Law Firm, the moment the DUI driver’s insurance company puts up any fight whatsoever, we sue them.

Why? Because they have a legal duty to pay for all of the DUI driver’s harm and, quite honestly, juries don’t like it when insurance companies fight with victims of DUI accidents. We will swiftly take them to court and protect your rights.

TRUE STORY

The O’Sullivan Law Firm represented a taxi driver who was working in downtown Denver on a Friday night. He was driving east on 17^th Avenue and was hit from the side by a drunk driver who ran a red light. The drunk driver’s car spun all the way around and ended up behind the taxi driver. As the drunk driver tried to flee the scene, she smashed into the taxi driver four more times!

When the drunk driver’s insurance company showed resistance to the taxi driver’s claims, we instantly sued.  Very quickly, the insurance company realized that they did not want the case to go to court and they provided our client with all of his rightful coverage.

A Final Word on DUI Cases

As we stated at the top of this chapter, many auto accidents involve decent people who simply make mistakes. But DUI cases are different.  The drunk driver must be brought to justice in two legal processes: criminal and civil. You absolutely need a personal injury attorney to fight for your rights in the civil process.

Hit and Run Accidents On The Rise

On March 20, 2013, the Denver Post had an article about the dramatic spike in hit and run accidents in Denver.  According to the article, auto-pedestrian accidents are up 46% in 2013 over the previous 2 years in Denver.  As resident of Capitol Hill, who walks around my neighborhood everyday, I see distracted drivers on their phones not paying attention to the dense urban streets around them.  It only takes a moment of glancing at your phone to tragically change the life of another.

On a personal injury note, pedestrians injured by a driver can use their own auto insurance to help pay for their medical bills, lost wages and more.  For more information on what to do after a pedestrian-auto accident watch this video on my website.

Spring Cleaning For Your Motorcycle Insurance

Spring is upon us and so is the beginning of the riding season.  Before you tune up your motorcycle and hit the road you should make sure you have the right motorcycle insurance.  When it comes to motorcycle insurance, you want to purchase as much as you can afford. Why? Because motorcycle injuries can cost a lot. And often, even responsible motorcycle riders who are victims of some else’s reckless behavior can end up with more bills than insurance companies will pay.

Consider this true story from the O’Sullivan Law files:  Samuel was riding his motorcycle in a residential area and was hit by a driver who then fled the scene. Samuel sustained severe injuries and was out of work for two months. The driver of the car was caught but he only had $25,000 worth of insurance coverage. Luckily, Samuel had Uninsured/Underinsured Motorist (UIM) coverage and was insured for up to $100,000.  Without that coverage, Samuel would not have been able to pay his medical bills. His life would have been forever altered by another driver’s carelessness.

At a minimum, you should purchase $100,000 of UIM insurance coverage. If you can afford more, you should have it.

Why do insurance agents often steer auto and motorcycle drivers away from this coverage? Insurance companies and agents are pressured to keep premiums as low as possible. Also, many people function under a popular misconception: They think that, if you have health insurance, you don’t need UIM. But that’s not true. First, think of your health insurance deductibles and co-pays. In some severe cases, those expenses alone are enough to stress a person’s finances. 

Second, health insurance doesn’t cover everything that UIM covers. Uninsured/Underinsured Motorist Insurance covers:

·       Lost wages

·      Future medical expenses

·      Any damage arising from the accident (with the exception of property damage)

·      All economic and noneconomic loss, which includes pain and suffering

Health insurance and UIM insurance are completely different.

A good rule of thumb for motorcycle insurance is to purchase as much as you can and make absolutely certain that you have Uninsured/Underinsured Motorist Coverage.

For more information download my free ebook Motorcycle Law: A Little Book About the Big Things You Should Know.