Thursday, August 30, 2012

Colorado Traffic Fatalities on the Rise

Deaths from Car Accidents of 2012's First Quarter Hit a Four Year High



The Colorado Department of Transportation has released a preliminary report for the first quarter of 2012 regarding highway and traffic fatality statistics, and for the first time in four years the results are disconcerting.

127 traffic fatalities were recorded between Jan. 1 and Apr. 30 of 2012, up from 103 for the same period of last year. If the progression continues throughout the rest of 2012, it will mark a reversal of a trend that has seen traffic deaths slowly declining since 2008.

Law enforcement agencies, in conjunction with state and local safety officials, have devised and enacted a couple of programs to help counteract the trend. 

DUI related crashes accounted for 40% of the fatalities in 2011, while a lack of proper seat belt usage was associated with 60% of traffic deaths. These two areas have become the focus of efforts from police agencies and CDOT.

As a result, Colorado's "100 Days of Heat," which runs simultaneously with the national "Driver Sober or Get Pulled Over" initiative, has specifically targeted intoxicated drivers. According to CDOT, the program has resulted in 1,301 DUI arrests across Colorado since the project's introduction on Memorial Day weekend.

“These people are not just having one drink, they are getting very drunk and then getting behind the wheel,” said Col. James Wolfinbarger, chief of the Colorado State Patrol.  “That is why it is critical for everyone to plan ahead before getting to the point of intoxication when decision making is extremely poor.  Figure out a plan before you begin drinking, or expect to face the consequences.”

Additionally, the national "Click it or Ticket" campaign produced an astounding 8,777 seat belt citations in Colorado. Police & Sheriff's departments across the state have been specifically focusing on seat belt enforcement as a result of the high incidence of traffic deaths related to unrestrained drivers and passengers.

CDOT's Office of Transportation Safety and Public Relations has also started a new campaign to curb drugged driving. 16% of fatalities on Colorado roads between 2006 and 2010 were connected with a driver who tested positive for drugs. Accordingly, their new program will "educate motorists about the dangers of driving under the influence of medications, medical marijuana, and illegal drugs."

If you are injured by a suspected intoxicated driver, or hurt in any car accident in the Denver area, please call The Law Offices of Robert Paysinger today at (303)-279-0221 for a free initial consultation. We help injured people - it's all we do!

Monday, August 27, 2012

Progessive Insurance Facing A Backlash

Insurance Giant Drowning in Negative Publicity


A social media buzz regarding Progressive Insurance's handling of a fatal car accident case has the internet up in arms and the company reeling and desperately trying to doctor its public image. And for good reason too.

Matt Fisher, whose sister Kaitlynn "Katie" Fisher was killed in a crash in June of 2010, posted an inflammatory account of how Progressive deceptively tried to evade paying the Fisher family by truly questionable means.

"My Sister Paid Progressive Insurance To Defend Her Killer In Court" was the title of Fisher's post, and it immediately began garnering attention on the internet. The post described how Progressive essentially tried to avoid paying $75,000 to the Fishers by arguing that Katie Fisher was at fault the accident that caused her death. And they even attempted to defend her killer in court. 

Katie's insurance policy included coverage of uninsured/underinsured motorists, which was pertinent in this case because the other party involved, Ronald K. Hope of Baltimore, did not have full coverage for an accident of this nature. Though Hope's insurance company, Nationwide, readily admitted that he was at fault for the accident, Progressive confusingly assisted the defendant (Hope) without technically representing him in the court of law. 

The attorney for Progressive sat next to the defendant, provided opening statements, questioned witnesses, and made objections before giving a closing argument. To a layman observer, it appeared that Progressive was providing counsel to the person responsible for killing Katie Fisher.

The attorney for the Fisher family, Allen Cohen, noted that it's not exactly out of the ordinary for an insurance company to argue against its own client in court. However, in this case, it was "unusual and wrong" because Progressive had ample evidence indicating that Kaitlynn was the victim, in addition to their legal obligation of good faith toward the client, said Cohen. 

The fact that Nationwide admitted their party was at fault, combined with the testimony of an independent witness who claimed that Ronald Hope ran a red light causing the accident, should have provided Progressive with enough reason to believe their client was not at fault.

Ultimately, the jury was not deceived by Progressive's injurious tactics and proceeded to award the Fisher family with $760,000 in damages. While the legal victory was certainly important for the family, Matt Fisher also said it was an unnecessary distraction.

"The thing I would like more than anything to be talking about is how much I loved my sister," he said.

Progressive has since issued several statements on their website and twitter account addressing the many issues involved with this case. They have denied that their representative served as an attorney for the defendant in this case. Additionally, they offered this robotic response to the case in general: "There was a question as to who was at fault, and a jury decided in the Fisher family’s favor just last week. We respect the verdict and now can continue to work with the Fisher family to reach a resolution."

Read the full statement from Progressive here.

If you are injured in an auto accident, think twice before calling your insurance company. Consider contacting an experienced personal injury attorney first. Remember, an insurance company's first priority is the bottom line: profit. At The Law Offices of Robert Paysinger, P.C., in Denver, Colorado, the first priority is our clients. We help injured people - it's all we do!

Fatal Hit & Run Near City Park Leaves 1 Dead

Man Dragged Half Block Near Museum


Police Investigate a Fatal Pedestrian Accident in Denver (Photo Credit: CBS)

An auto-pedestrian accident left a man in his forties dead Friday night in the City Park area of Denver. The man, who has not yet been identified, has been described as an approximately 49 year-old who suffered multiple injuries from the crash. He was taken to a local hospital where he was pronounced dead.

Officers responded to a call at the intersection of 17th Avenue and Garfield Street just after 9 P.M. Sunday. The vehicle involved is thought to be a dark colored or black SUV with damage consistent with a hit and run accident, including a damaged front end with a cracked windshield and possible blood stains. The SUV apparently dragged the victim for a block or more before speeding away eastbound on 17th.

Police have indicated they do not believe the victim was using a designated crosswalk.

“The reality is in some of these collisions pedestrians are partially at fault, too, when they do this type of action and had the vehicle stuck around at the scene to render aid, they may not have been charged with anything at this time,” Denver police spokesman Sgt. Brian Conover said.

“It has been happening far too often where we have people being hurt or killed in accidents and the parties involved don’t stay on the scene,” Conover added. “It seems to be bicyclists and pedestrians that bear the brunt of that.”

Individuals who have information that may pertain to this case are encouraged to call Crime Stoppers at (720) 913-7867 or Denver Police at (720) 913-2000

If you are injured in a pedestrian hit and run accident, or any car accident in Colorado, please call The Law Offices of Robert Paysinger, P.C. at (303) 279-0221 for a free initial consultation to better understand the law and your rights. We help injured people - it's all we do!

Sources: Denver Pedestrian Killed in Hit & Run Accident Near City ParkPedestrian Killed In Hit-And-Run Near MuseumVictim dragged half block in fatal hit-and-run near City ParkPedestrian Dies In Hit & Run Near City Park

Wednesday, August 15, 2012

Top Vehicle Safety Picks: Not As Safe As Advertised?

New Findings By IIHS Show Vulnerability in Many Luxury Cars



A new crash test designed by the Insurance Institute for Highway Safety has automakers concerned that their top-of-the-line luxury vehicles aren't as safe as originally thought.

Of the eleven midsize luxury and near-luxury vehicles that were tested in the new overlap frontal crash test, only three performed well enough to merit "good" or "acceptable" ratings. While many newer models are very safe in head on collisions, the small overlap crashes are a growing cause for concern.

At least a quarter of fatal front end collisions are the result of "overlap" crashes, which usually involve a car's front corners instead of a direct, head on crash. These types of crashes are exposing a vulnerability in new luxury models that has generated a mixed response from the automakers.

A spokesman for Mercedes-Benz questioned the authenticity and relevance of the new test in a statement released to ABC news: "We believe that the IIHS ‘small overlap frontal crash test’ replicates an unusually severe and correspondingly uncommon accident scenario, and that there are parts of the testing protocol which may have put the C-Class wrongfully at a disadvantage,” the statement reads. “We think this is because actual deformation characteristics and real-world kinematics of vehicles involved in this type of crash are very different from the construct of the IIHS test.”

Toyota, the parent company of Lexus, has offered a different response to the test's results. The company has indicated that it will "respond to this challenge as we design new vehicles" adding that the new IIHS test has "raised the bar again." 

"What we’re seeing is the Insurance Institute is going to push the  industry into further improving the crash protection in cars for the future,” said Consumer Reports Deputy Automotive Editor Jeff Bartlett. “The good news is that, in years to come, manufacturers will be looking very closely at this and making changes that will further improve their crash worthiness.”

Here's an overview of how the eleven vehicles fared in the test:


Good Ratings:
Acura TL
Volvo S60

Acceptable ratings:
Infiniti G

Marginal ratings:
Acura TSX
BMW 3 series
Lincoln MKZ
Volkswagen CC

Poor ratings:
The Mercedes-Benz C-Class
Lexus IS 250/350
Audi A4
Lexus ES 350


A detailed report of the IIHS findings can be found here

If you have been injured in a motor vehicle accident in the greater Denver area, do not hesitate to contact an attorney. The Law Offices of Robert Paysinger, P.C. offers a free initial consultation. Give us a call today at (303) 279-0221. We help injured people - it's all we do!

Source: Partial Collisions Prove More Dangerous in New Crash Test

Monday, August 13, 2012

SUV, Motorcycle Crash on U.S. 36 Leaves 1 Dead

Accident Causes Highway Closure for 5 Hours


An early afternoon accident left a driver dead and others seriously injured, in addition to closing U.S. Highway 36 for approximately 5 hours between Lyons and Estes Park, investigators said.

Police said a Honda Accord was involved in 2 separate near the Boulder/Larimer county line. The Honda apparently swerved into oncoming traffic, causing a motorcycle to crash. About a mile further, the Honda again veered into the lane of oncoming traffic and struck a Jeep Rubicon, causing the Jeep to deviate down a hillside where it was stopped by boulders.

The male driver of the Honda was pronounced dead at the scene. The female driver of the Jeep Rubicon was transported to the hospital with minor injuries.

An autopsy is scheduled for Saturday to determine if any medical conditions were invovled.


6-Year-Old Injured In Practice Run at Pikes Peak

Child Released From Hospital With Minor Injuries

The vehicle that struck a 6-year-old at Pike's Peak rests behind caution tape

A family from the Austin, Texas area was in for a surprise when they decided to watch the trial runs of the Pike's Peak International Hill Climb on Friday morning.

At approximately 9:30 am Friday a six-year-old child from the family was injured when a vehicle participating in the practice run struck a boulder that the girl was sitting on, investigators say. The girl was thrown from the boulder and sustained injuries.

The child was airlifted from the scene to an area hospital, where she was later released. She was breathing and conscious as she was being brought to the hospital.

The father of the young girl explained that the family was visiting from Texas and wanted to check out the trials before heading home Saturday. 

Police officers say the driver, who is from Sweden, was warming up for the upcoming race when he crossed the finish line and realized his brakes were not operating. He then put the vehicle into a side skid in an attempt to slow down the car. His vehicle then slid sideways into a boulder where the child was standing, tossing the young girl several feet from her location.

Investigators say had the girl not been on the rock, her injuries would have likely been much more serious.

Another person was injured and transported to the hospital with back injuries, police say. That individual's status is unknown.

If you are injured in an pedestrian auto accident, or any car accident in the greater Denver area, please call The Law Offices of Robert Paysinger at (303) 279-0221 for a free initial consultation. We help injured people - It's all we do!




Monday, August 6, 2012

Suspected Vehicle in Fatal Hit & Run Discovered

Subaru Hatchback Found Abandoned in Aurora Has Hair, Blood


Dan Peterson was killed in a hit and run accident July 22

Denver Police are investigating a 1999 Subaru Legacy hatchback that is believed to be involved in a fatal hit an run accident that occurred July 22. The vehicle had a broken windshield in addition to blood and hair, consistent with a pedestrian-auto crash.

Dan Peterson was biking home from a friends party at approximately 2:20 am when he was struck by a black Subaru Legacy. He was tossed across the road and suffered massive cranial damage. Peterson later died in the hospital.

The vehicle continued to drive north on Speer Boulevard with Peterson's mangled bike still embedded underneath the car. Witnesses later saw a man exit the vehicle and remove the bike and place it in the hatchback. A Caucasian woman with shoulder length hair was observed driving the vehicle. 

The Subaru, which was reported stolen from a remote home in Weld county hours after the crash, was found abandoned in an Aurora parking lot. A court affidavit "concluded the vehicle has damage consistent with the collision at Speer and Lincoln and has broken lights with missing glass consistent with the glass recovered at the scene."

Police investigators obtained a warrant to search both the interior and exterior of the impounded Subaru. They hope to confirm Peterson's identity through the hair and blood and to garner evidence about the possible suspect from any items that may have been left in the car. Investigators also intend to search the garage where the vehicle was discovered for possible evidence.

The bike Peterson was riding has not been found.

If you are injured in a hit and run crash, or any car accident in the greater Denver area, please call the Law Offices of Robert Paysinger at (303) 279-0221 for a free initial consultation. We help injured people - It's all we do!