90 Year Old Driver Liable, Not Toyota in Wrongful Death Suit

Although many have focused on the culpability of Toyota in the California wrongful death suit, what is also important is the fault of the secondary defendant in the case. Noriko Uno was struck by another driver who ran a stop sign in August of 2009, causing her to swerve out of control and hit a tree at high speed.

Uno's attorney argued that Toyota had failed to address the faulty brake system in the Camry and this was the cause of the accident.  The other defendant,Olga Belo, the driver who struck Noriko Uno,  now 90 years old was found responsible for the accident and the resulting judgement of $10 million.

This verdict highlights how older drivers' assets can be put at risk, as their ability to drive safely becomes impaired. Per mile traveled fatal crash rates increase starting at age 75 and increase significantly after age 80.  Older drivers should protect themselves with higher liability insurance coverage, higher uninsured motorist coverage and  umbrella policies.

If you are an elderly driver or the child of an elderly driver, call an attorney to see how you can protect those assets accumulated over a lifetime from being lost from one mistake on the road.

If you have been injured in an auto accident, you need to speak to an experienced personal injury attorney.

Call The Law Office of Robert Paysinger, P.C. at (303) 279-0221 today or visit www.paysingerlaw.com
Source: http://www.cnn.com

New Study Shows Men More Likely to Text and Drive

120 male and female college students were surveyed on their texting habits in a new study published in the International Journal of Strategic Management.

Four out of five of the students were reported texting while driving. And while the study revealed that women were more impulsive in their texting habits, men were more likely to text and drive because they believed they were skilled drivers.

Though most of the men surveyed believe that texting while driving is dangerous, they believed that they are better at texting and driving than others, demonstrating less awareness of the dangerousness of such beliefs.   Even the state laws forbidding it have little impact. Legislation apparently has little effect on people’s habits.

Other studies have shown that texting slows reaction time more than drinking and driving.

If you have been injured in a car accident, you need to speak with an experienced personal injury attorney.  Call The Law Office of Robert Paysinger at (303) 279-0221 or visit www.paysingerlaw.com today for a free initial consultation.  We help injured - people it’s all we do!

How Parents Can Protect Teen Drivers

 The statistics on teen driver fatalities are shocking.  Car crashes are the number one killer of teenagers.  In Colorado, fatalities were up 10 percent in 2012.  From 2004 to 2011, motor vehicle crash rates for drivers from 15-19 years of age dropped more than 57 percent, according to CDOT.  Statewide education and heightened enforcement likely led to the drop, officials say.  But last year teen fatalities jumped 10 percent from 2011.

  In response, CDOT and the Colorado Teen Driving Alliance are launching an online parent course that provides step-by-step instructions on how parents can learn, and then teach their kids about Colorado's graduated driver's license laws.  Recently, a survey of parents of teens indicated that only 6.4 percent of parents could determine the license laws including curfews, passenger restrictions and seat belt requirements.
  All teen drivers must log 50 hours of practice driving with a parent or legal guardian. The online course guides parents through lesson ideas to help cover different aspects of practice driving.

  No one knows more about the dangers of teen driving than Tim Hollister, an attorney who lives in Hartford, who is an advocate for teen driver laws. After the death of his son in 2006 in a car accident, Tim has worked to change the laws to address key concerns associated with younger drivers, including the risks associated with passengers, their lack of experience, and their propensity to engage in risky behaviors such as texting or cell phone use.  Mr. Hollister is the author of a new book titled, "Not So Fast: Parenting your Teen Through the Dangers of Driving,"  which offers suggestions for parents.

  "Teaching a teen to drive is a daunting process," said Carol Gould, highway safety manager for CDOT. "But the best way to put yourself at ease is to get up to speed on the process of getting a license, understanding the specific restrictions for teen drivers and treat the learning process as a true partnership."

  If you are injured in a car accident, you need to speak with an experienced personal injury attorney.  Call The Law Office of Robert Paysinger, P.C. today at (303) 279-0221 for a free initial consultation, or visit www.paysingerlaw.com.  We help injured people - it's all we do!

Source: www.denverpost.com, www.foxnews.com

Three People Dead and Another Injured in Crash on I-25

Three people died and another is in critical condition after a one-car crash Sunday on I-25 south of Fountain, according to the Colorado State Patrol.

A dark green sedan was traveling southbound and drifted off the left side of the highway into the center median  and struck a guardrail before rolling over.  This occurred about 6:50 AM, according to the State Patrol.

The driver, a 23 year-old woman from Pueblo, wasn't wearing a seat belt and was pinned under the vehicle. She was taken to Memorial Central Hospital with moderate to serious injuries.

The two male and one female passengers, were also unrestrained and thrown from the vehicle when it overturned.  "All three passengers sustained fatal injuries from their ejection.   The vehicle came to rest facing west in the center median against a concrete drainage culvert on it's top," according to a State Patrol release. This is another example of how fatalities may occur when drivers and passengers are not wearing seat belts.
Additionally, only a moments inattention may cause a driver to slip onto the shoulder of the road, and cause the vehicle to roll over.

The Colorado State Patrol is investigating the accident.

If you are injured in a car accident, you need to speak with an experienced personal injury attorney.  Call The Law Offices of Robert Paysinger, P.C. at (303) 279-0221 or visit www.paysingerlaw.com today for a free initial consultation, or visit  We help injured people - it's all we do!

Source: http://www.denverpost.com

Parent Liability for Children in Car Accidents

When auto accidents occur, drivers or their insurance companies, or both, are typically liable for any injury or property damage.  However, when minor drivers are involved in car accidents, who is responsible for the resulting costs?

In some states, like Colorado, the liability may fall on the parents, who may or may not have heard about a law know as the family car doctrine.  Parents should know this law's main points and how to financially protect themselves if their children are involved in automobile accidents while driving.

About 20 states have family car doctrine laws, which addresses scenarios where vehicle owners allow family members, including minors or legal dependents over 18, to drive their cars. If a motor vehicle accident happens when one of these family members is driving, the owners are held liable for the resulting injuries or vehicle damage.

Colorado's family car doctrine contains four elements that must be met before courts will apply the law to a case.  A liable parent must be the head of household, have control over the vehicle, the person driving must be a member of the household, and the vehicle must have been used with the parent's express or implied permission.  Courts may also hold parents liable for their children's negligence if they serve them alcohol or know they are dangerous or unlicensed drivers, but still allow them to drive the household vehicles.

Parents can neither prepare for nor prevent the range of scenarios that may occur when their children begin driving.  However, as a precaution, many legal advisors recommend that parents purchase and maintain automobile insurance policies which have ample liability and uninsured/underinsured motorists coverage. These additional policies, in conjunction with the main policy, can work to financially protect parents from their children's potential negligence or from any serious injuries or vehicle damage caused by uninsured or underinsured drivers.

Minor drivers must demonstrate the same duty of care to drive safely and follow traffic laws as their adult counterparts. When they do not, they not only endanger themselves and others on the roads, but they may also create liability issues, for their parents if car accidents happen, especially in states with the family law doctrine like Colorado.

If you have been involved in a car accident, contact an experienced personal injury attorney.  Call The Law Office of Robert Paysinger, P.C. at (303) 279-0221 today for a free initial consultation.  We help injured people - it's all we do!

 Source: What Colorado Parents Should Know About the Family Car Doctrine