Administrative Law Judge Awards Death Benefits to Widow of Oil Field Worker

(An oil field in northern Colorado. Photo credit: freakoutnation.com)

Administrative Law Judge Peter Cannici found that oil field worker Jim Freemyer's death was a result insufficient safety protocols, leading Freemyer to inhale hydrocarbon gases in a low oxygen environment. Cannici ordered Freemyer's employer's insurance company to pay his widow almost $530 for the rest of her life.

The case centered around Freemyer's poor health and safety precautions for "tank gauging," which involves determining various levels of gases in oil tanks. Nine tank gauging deaths have been reported in the last five years, prompting the Center for Disease Control to issue a warning this past April addressing the issue.

Pinnacol Assurance, the insurance company for Freemyer's employer, attempted to argue that Freemyer's Type II diabetes and heart complications were the cause of his death. Judge Cannici was not persuaded, writing "[Freemyer's] job duties and work environment aggravated, accelerated, or combined with his pre-existing coronary artery disease to cause his death on July 14, 2014." 

The immediate effect of the ruling remains unclear, but changes in oil field safety protocol are likely. The attorney for the Freemyer family, Brett Busch, noted that the decision may actually result in fewer claims because the gas industry will adapt to changing social and political viewpoints regarding workplace safety.

"I think the big picture here is not whether more claims will be brought, but hopefully less claims will exist because of better safety protocol." Busch opined.

If you are injured in the workplace, you need to speak with an experienced worker's compensation attorney. Call The Law Offices of Robert Paysinger, P.C. today at (303) 279-0221 for a free initial consultation. We help injured people - it's all we do!

Source: Colorado Judge Awards Benefits from Weld County Oil Patch Death

Brighton Police Officer Lauded Worldwide for Calming Young Child After Horrific Accident

A Brighton Police Officer has garnered worldwide attention from a photograph depicting him singing a lullaby to a young child, whose father was killed in a car accident on Interstate 76 near Brighton.

Officer Nick Stuck was dispatched to the fatal accident, where he discovered the young girl covered in gasoline and distraught from the crash. The young girl reminded Officer Struck of his own young daughter.

"My daughter, who's the sweetest thing in the world when she falls down and cries, she wants 'Twinkle Twinkle Little Star' sung to her." said Struck. "So this girl, I was singing 'Twinkle Twinkle Little Star' and pointing to the lights of the fire truck"

The powerful image was captured by Jessica Matrious, who witnessed the crash and stopped to offer help. "He was trying to keep her from watching what was going on behind her," Matrious said.

Police Officers around the country have been heavily scrutinized over the last year as a result of several high profile incidents. Officer Struck's heroics are a welcome sight for many around the nation who recognize that the majority of good police work goes unnoticed by the public.

The young girls siblings and mother were injured. One child is in critical condition on life support. Their mother, Stephanie Greer, has asked for support from the community while dealing with this tragedy.

The family was en route to Colorado from Illinois as the prepared for a cross country move. Greer has since expressed a desire to be in contact with Struck.

"If he hadn't preoccupied her, she would've seen her dad die," Greer said.

To support the family, please visit their donation page here

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

Source: Mother recounts accident, grateful to Brighton officer for comforting daughter in viral photo

Amtrak Faces Staggering Personal Injury Claims By Victims of Crash

(photo credit: Jim Lo Scalzo)

Amtrak, one of the largest train service providers in the United States, is facing monumental payouts resulting from the May 12 crash in Pennsylvania that left 8 dead and over 200 injured.

Congress capped payouts by Amtrak for personal injury damages 1997 at $200 million per crash, a number that would likely fail to fully compensate those who were hurt or killed by the crash. 

Investigators are still trying to determine what caused the crash. Initial reports have pointed to human error. Engineer and conductor of the train Brandon Bastion has complied with the investigation, but it has not been determined whether Bastion may have been distracted immediately before the crash.

Bastion's lawyer stated that Bastion does not remember anything right before or during the crash, only when he awoke after the incident and called 9-1-1. Initial phone records show that Bastion was not texting or on a call before the crash. Investigators have also determined that Bastion was not using the train's in house wifi at the time of the crash.

Amtrak has recently installed "Positive Train Control" technology on many of its trains operating in the Northeastern United States, but the train driven by Bastion on the day of the crash was not equipped with the new features. 

Many officials and regulators have indicated that the crash would have been avoided had the technology been implemented, but high costs of completion and other delays have prevented Amtrak from installing the Positive Train Control by the deadline imposed by Congress in 2008. It is unclear how the failure to meet this deadline will effect future personal injury claims against Amtrak relating to the May 12 crash.

The mounting pressures of missed deadlines and fatal crashes have put Amtrak and the train industry in general under the national microscope, with many calling for the $200 million-per-incident cap to be modified. Amtrak has also struggled to make a profit despite subsidies from the federal government. Congress has mandated that certain lines remain open despite relatively low traffic, which has impeded Amtrak's ability to turn a profit. 

If you are injured as a result of someone else's negligence and, you need to speak with an experienced personal injury attorney as soon as possible. Please call The Law Offices of Robert Paysinger, P.C. at (303) 279-0221 today or visit www.paysingerlaw.com for a free initial consultation - we help injured people, it's all we do!

Sources: Amtrak faces costly personal-injury claims from crash victims, No Evidence That Amtrak Engineer Used Phone During Crash, Safety Board Says

Colorado's Wild Spring Affecting Local Roads, Drivers

Tornados, Rain, & Hail Pelt the Front Range 

Thursday evening marked another day of severe weather along Colorado's Front Range, with Friday forecasts calling for more of the same. 

Tornadoes touched town in at least two separate parts of the state late Thursday, damaging at least 25 homes. Several houses near the towns of Mead and Simla were damaged severely. No immediate injuries had been reported.

The first tornado was spotted just after 5:15 p.m. near Simla. The second appeared just after 7 p.m. east of Lyons moving approximately 15 mph to the West, according to the National Weather Service. 

Roads in the area were also adversely affected, as trees were uprooted and hail fell extensively. 

Meanwhile Friday, local forecasters are projecting more rain and precipitation, which has resulted in the National Weather service issuing a flash flood watch in several Metro Area and Front Range counties, including Denver, Jefferson, and Larimer through 10 p.m. Friday evening.

The Friday storms are capable of producing up to 1-2 inches of rain in one hour, which could cause flooding problems due to over-saturated soils and overflowing rivers, streams, and reservoirs. 

Drivers should be cautious of standing or running water, as many vehicles can be swept away by as little as 12 inches of water. If driving through water is the only option, Drivers should drive slowly and attempt to estimate the depth of the pool or current. An emergency kit (including food, water, and flashlights) should be taken when driving while a flash flood watch is in place.

The hazardous weather in Denver area was also partially responsible for generating a large sinkhole in Sheridan, which swallowed a police SUV and injured an officer. The sinkhole has resulted in Oxford Avenue being closed between Santa Fe Drive and Clay Street. 

A police news release stated "As the sergeant entered the intersection, the road gave way due to a massive sinkhole," police said in a news release. "The road collapsed around the police car and the car ended up in a hole." The officer sustained minor injuries. 

Here are some additional tips provided by ready.gov:

Tips from ready.gov

Before:

• Build an emergency kit and make a family communications plan.
• Elevate the furnace, water heater and electric panel in your home if you live in an area that has a high flood risk.
• Consider installing "check valves" to prevent flood water from backing up into the drains of your home.
• If feasible, construct barriers to stop floodwater from entering the building and seal walls in basements with waterproofing compounds.
• More:
• What to do before a flood.

During:

• Be aware that flash flooding can occur. If there is any possibility of a flash flood, move immediately to higher ground. Do not wait for instructions to move.
• If you must prepare to evacuate, you should do the following:
  • Turn off utilities at the main switches or valves if instructed to do so. Disconnect electrical appliances. Do not touch electrical equipment if you are wet or standing in water.
  • Secure your home. If you have time, bring in outdoor furniture. Move essential items to an upper floor.
• Be aware of stream, drainage channels, canyons and other areas known to flood suddenly. Flash floods can occur in these areas with or without typical warnings such as rain clouds or heavy rain.
• If you have to leave your home, remember these evacuation tips:
  • Do not walk through moving water. Six inches of moving water can make you fall. If you have to walk in water, walk where the water is not moving. Use a stick to check the firmness of the ground in front of you.
  • Do not drive into flooded areas. If floodwaters rise around your car, abandon the car and move to higher ground if you can do so safely. You and the vehicle can be swept away quickly.
  • Do not camp or park your vehicle along streams, rivers or creeks, particularly during threatening conditions.

If you are injured in a car accident due to someone else's negligence, you need to speak with an experienced personal injury attorney as soon as possible. Contact The Law Offices of Robert Paysinger, P.C. today at (303) 279-0221 or at www.paysingerlaw.com for a free consultation. We Help Injured People - it's all we do!

Sources: National Weather Service Denver, Tornadoes Hit Berthoud, Simla, Homes Damaged

Tracy Morgan, Walmart, Reach Settlment

(Morgan's limousine after the crash/Photo Credit: New York Post)

Actor Tracy Morgan, who was seriously injured a year ago when a Walmart semi truck collided with his limousine, has reached a settlement with Walmart.

Morgan appeared in public for the first time since his accident on the "Today" show Monday, giving insight into the accident and his life in an emotional interview.

The actor assured the audience that he will return to comedy when the time is right, but noted that he is still far from being 100% and is concentrating on healing before he returns to his profession

Morgan, who still sports a cane as a result of his injuries from the accident, appeared to be especially emotional when discussing his former friend and mentor James (Jimmy Mack) McNair, who was also in the vehicle and was killed as a result of the crash. "Bones heal. The loss of my friend will never heal," Morgan said of McNair.

The accident spurred several settlements, including one reportedly worth $10 million for McNair's family. Morgan has since settled separately for an undisclosed amount.

Morgan was thankful of Walmart, who he said took full responsibility for the incident. "I'm just happy that they looked out from Jimmy Mack's family. He can rest in peace now. In the beginning, there was a misunderstanding, but that got squared away. They came through in the clutch." Morgan said.

The accident left Morgan comatose and with several broken bones and traumatic brain injury. He says he does not remember the crash. The driver of the Walmart vehicle had been driving for more than 24 hours and was traveling over 20 mph over the posted speed limit.

Source: Tracy Morgan crash prompts scrutiny of trucker safety rules, After Settlement, Tearful Tracy Morgan Thanks Wal-Mart for ‘Stepping Up’ After Crash That Left Him in Coma

Driving while Impaired

An incident that occurred Saturday night when a suspected stoned driver ran into two State Patrol vehicles illustrates why Colorado is focusing on keeping those who overindulge in marijuana from driving while impaired. While no one was hurt in the accident on Saturday, the prospect of an increase in accidents due to the legalization of marijuana is a real concern.  A $400,000 grant has been received from the National Highway Traffic Safety Administration, and will be used for a campaign to prevent drivers from getting behind the wheel while high, as well as education for officers to spot probable offenders.  The campaign will begin in March, and will include posters of the danger of driving while impaired which will be posted in
recreational marijuana shops.

Some shop owners will participate in focus groups to help keep marijuana users from getting behind the wheel.  Public Safety officials are concerned that the number of impaired drivers will increase now that pot is legal.

Glenn Davis, CDOT highway safety manager would like to see an additional 300 officers trained to deal with the possible increase of impaired drivers. Marijuana slows reaction time and affects judgement, although one of the problems with high drivers appears to be their confidence in their ability to drive.  Many people believe they can drive as well while high as when they are sober, but statistics indicate that marijuana was a factor in over 1,000 Colorado cases in 2012.  The NHTSA estimates that drugs other than alcohol are involved in approximately 18 percent of motor vehicle deaths,

Under the current DUI law, a motorist is considered under the influence of marijuana if the blood level is above 5 nanograms of THC.  The difficulty in knowing how much pot is too much is an issue to be considered.  The potency of different marijuana varieties, or smoking versus edibles, increased tolerance amount habitual users causes differing levels of intoxication.

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

John Nash, A 'Beautiful Mind', Killed in Car Crash

Nash Allegedly Failed to Use Seat belt Restraints

MONROE TOWNSHIP, NEW JERSEY - John Forbes Nash Jr, subject of the 2001 film "A Beautiful Mind", was killed in a car accident on the New Jersey Turnpike last Saturday. His wife Alicia, who was also in the vehicle, died at the scene.

Nash and his wife were traveling in a taxi cab when the car apparently lost control while attempting to pass another vehicle. The cab slammed into a guardrail and ejected Nash and his wife, neither of whom were wearing their seat belts. 

Nash, whose brilliance and struggles with with schizophrenia were chronicled in "A Beautiful Mind", made several groundbreaking discoveries in a wide variety of fields including mathematics, economics, and computer science. He received numerous awards and prizes, including the Nobel Memorial Prize in Economic Sciences in 1994.

The driver of the taxi cab will likely not be charged with any crimes. New Jersey law provides that drivers are not responsible for injuries to passengers in the back seat if they are not wearing a seat belt, unless the passenger is under the age of 18. 

Nash's death rocked both the academic and entertainment worlds, with tweets and statements from noteworthy individuals offering their condolences to the Nash family. 

Russel Crowe, who played Nash in "A Beautiful Mind", tweeted shortly after Nash's death: "Stunned... my heart goes out to John & Alicia & family. An amazing partnership. Beautiful minds, beautiful hearts."

If you have suffered an injury as a result of someone's negligence, you need to speak with an experienced personal injury attorney. Please call The Law Offices of Robert Paysinger, P.C. today at (303) 279-0221 for a free initial consultation. We help injured people - it's all we do!

Sources: 'Beautiful Mind' mathematician John Nash, wife killed in car crash, JOHN NASH, WIFE, 'A BEAUTIFUL MIND' INSPIRATION, KILLED IN NEW JERSEY TURNPIKE CRASH, Here's why cabbie who crashed, killing John Nash and his wife, may not be charged

Have Traffic Fatalities increased in Colorado?

Now that recreational and medical marijuana have been legal in Colorado for more than a year, how has that affected traffic fatalities?  Many prohibition advocates have warned that there would be a surge in impaired drivers, as well as deaths.  As many have noted, marijuana is difficult to test for, as its presence remains in the bloodstream for as long as 30 days, and is not a good measure of inebriation at the time of the accident.

It seems that the statistics for 2013 show that 5.7% of the fatalities involved a driver that tested positive for cannabis, according to DOT data.  This is in line with results for previous years.  The data for drivers testing positive for drugs overall was  approximately 16% from 2006 - 2010.

Statewide, preliminary data indicate that traffic fatalities have declined overall since 2002, when there were 743 deaths.  In 2014 there were 465 fatalities according to the Colorado Department of Transportation.  It is interesting to note that the number of suspected "impairment" (including alcohol) fatalities for 2014 was 152, or approximately one third.  This percentage is consistent with historical statistics.  There has been much conjecture about how the legalization of marijuana would impact DUI statistics in Colorado.  It appears that at this point the increase in impaired driving is not significant.

Colorado has implemented various safety campaigns to decrease impaired driving, and has established that a driver with a maximum of 5 nanograms of THC in the bloodstream is violating the law.  Drug recognition training programs for officers, which police believe is an extremely effective method to detect a driver who is high, have alsobeen implemented.

Although those who bend the data for or against marijuana are able to use the statistics to support the argument either way, it appears that the jury is still out on whether traffic fatalities will increase with the legalization of marijuana.

Source: Colorado Department of Transportation -  CDOT