Denver Personal Injury News

Mark A Simon Denver Personal Injury Attorney - Simon Says Video 1

By Tanya Clark - April 15, 2019

Mark A Simon Denver Personal Injury Attorney - Simon Says Video 1


Drive for Work? Follow These Tips to Avoid Injury on the Job

April 10, 2019

According to December 2018 study by one of Colorado’s largest workers compensation insurers, motor vehicle accidents account for 39% of all workplace fatalities in the state. In addition, many others are injured each year while driving or operating machinery at or for their place of employment. Why such a high occurrence of motor vehicle deaths and injuries among Denver-based employees? Because workers in a wide variety of professionals are increasingly on the road due to their work-related activities. Secondly, previous studies have indicated that when individuals are behind the wheel of a vehicle that they do not own, they tend to drive more recklessly and with more abandon, since it’s not their personal vehicle. Anyone conscientious employee who drivers for a living will tell you that that approach is nonsensical. In fact, if you drive for a living, you should drive more carefully, not less.

The collective impact of motor vehicle accidents occurring to Colorado workers is staggering. In fact, over the past five years have cost Colorado workers compensation insurers $173 million. If you’ve been injured while driving on-the-job, the experienced and professional team of Denver-based workers compensation lawyers here at Mark A. Simon can work with you to get you what you rightfully deserve. We have decades of experience litigating workers compensation cases that involve vehicles and equipment. And while we’re happy to be an advocate for drivers across Colorado in the event they are injured in a motor vehicle accident on the job, the key thing is to prevent such accidents from occurring in the first place.

What sort of Denver-based drivers are most likely to be injured in an at-work motor vehicle accident? The most common professions include health care workers, truckers and noncommercial driver's such as chauffeurs and messengers, auto servicers and police officers.

If you are employed in one of these professions, we encourage you to remain diligent on the road. Did you know your employer has important obligations to protect each of their employee’s health and safety, including when employees are operating a motor vehicle in the course of their work? That said, driver safety has to be a partnership between your employer and you. 

Your employer can develop any number of good policies and procedures, but it is usually up to you and your common sense to avoid accidents during a days work. Road, weather and traffic conditions change frequently —especially in Colorado. So while this can make it tough for employers and policy makers to to write a policy or procedure to address every possible event you might encounter each day on the road. 

That said, if you are not personally responsible for your employee-owned vehicle than it is usually up to your employer to make sure that it is inspected and in safe working order each time you get behind the wheel. That goes for forklifts to farm equipment and trucks. There are a few key things every driver or equipment operator needs to consider before taking to the road for work. 

Know Yourself

Before hitting the road for work, make sure your rested and in good shape to drive. Driving when you are overworked or extending your shift for overtime can jeopardize you and everyone else on the road. A wide variety of work-related driving accidents can occur when employed drivers are pushing their boundaries. 

Prepare a Plan

In incidences of poor weather conditions, it’s important to make sure not only that your vehicle is properly prepared to handle the roads. This is also a situation where route planning becomes imperative.  Check the route you intend to travel, and an alternate route. Me mindful of traffic and road conditions and stay alert to updates. Communicate your plan to a co-worker or supervisor and set up a check-in contact.

Stay Alert and Take Breaks

Pay attention and avoid distractions. Don’t use a cell phone or adjust the GPS while driving. To avoid accidents while driving on the job, an important mantra to remember is that when you’re behind the wheel, driving is your only job. Whether you’re driving in the hot Colorado summer sun, or in one of our annual blizzards, take time to take a brief break every two hours. Stretch, drink water —anything you need to stay fresh and alert on the roads. 

Injured in a Car Accident in Denver? Contact Mark A. Simon Today

If you’ve been injured in an accident with an emergency vehicle while following the rules of the road, the experienced and professional team here at Mark A. Simon are here to help. We have decades of experience with workplace compensation and personal injury suits across Denver, Littleton, Aurora and surrounds. Our team of attorneys works closely with each of our clients to get you what’s rightfully yours if you’re injured while operating a motor vehicle for your employer.


Slip & Fall Injuries on the Rise in Colorado: What You Need to Know

April 3, 2019

According to one of the state of Colorado’s largest providers of workers’ compensation insurance, slip and fall incidents are on the rise in 2019. If you slip and fall on the job and are injured and require medical attention, the law offices of Mark A. Simon can help you get what’s rightfully yours. Our team of workers’ compensation professionals have been helping injured workers from Denver, Aurora, Littleton and surrounding communities get what’s legally entitled to them for years. Recent data from industry-leading professionals indicates that slip and fall injuries among Colorado workers are on the rise in 2019 due do a variety of differing factors. 

What’s causing the lastest rash of slip and fall incidences among Colorado workers? According to the workers compensation insurance firm Pinnacol, milder weather has led to dangerous footing conditions across myriad industries statewide. The warmer weather often results in workers taking less precaution when working in what remains slushy and icy conditions, which can lead to accidents. 

According to the Bureau of Labor Statistics (BLS), The average slip and fall claim is just under $13,000. That said, there is no steadfast compensation for any workers’ compensation award due to the fact that each individual case is different. But that fact does not make the prevalence of slip and fall injuries any less daunting. BLS statistics also indicate that of the 5,190 fatal work injuries in the US during 2016, 849 were from slips, trips and falls. The Occupational Safety and Health Administration (OSHA) has published estimates that indicate that slips, trips and falls cost employers more than $11 billion per year.

Locally, the 2019 data for slip and fall injuries in the state of Colorado is particularly alarming. According to statistics from a variety of industries, claims for slips and falls are up nearly fifty percent for January and February of 2019 when compared to the same timeframe last year. Ice and snow, to no surprise, are the biggest culprits in most of the claims. The statistics are particularly alarming due to the fact that the greater Denver region and the state of Colorado as a whole have yet to endure what are traditionally the state’s two snowiest months of the calendar year: March and April 

While construction laborers, delivery drivers, resort employees, ski patrolman, truckers, and processing site employees are usually considered among the highest risk for slip and fall industries, the latest trend appears to quite different. 

The most recent data indicates that the  were primarily from office workers slipping in parking lots. Workers’ compensation insiders consider the most recent spike in slip and fall claims among “white-collar” workers to be a result of more lackadaisical attitude toward safety after a few tame winters and recent warming trends.
What Constitutes a Slip & Fall Claim?

It's clear that throughout Colorado, injuries that result due to slips and falls are quite common. However, that does not necessarily mean that your slip and fall case entitles you to compensation under the law. If you’ve been injured in a fall at work, the workers’ compensation experts here at Mark A. Simon can help you navigate the often dizzying ways that a court can deem a slip and fall case admissible or inadmissible. In order for the property owner to be legally liable for your slip and fall injury, an unsafe condition must have caused the fall. It is not enough to simply slip, or stumble, while on someone else’s property. As reiterated by some of the cases above, instances of unsafe work conditions include unsafe, accumulation of snow and ice, wet and slippery floors
badly damaged sidewalks, lots, stairs or ladders. Furthermore, there must exist proof that the landowner has caused the unsafe condition or allowed it to persist.

After major storms, property owner are almost always required to take measures to clear snow and ice from sidewalks that other people who conduct business in their commercial properties are likely to use. However, they are not required to make the sidewalks perfectly dry and clear. For this reason, a slip and fall immediately after a snow storm is not likely to give rise to a valid claim, although as earlier stated, data from the first two months of 2019 appears to indicate otherwise. 

Getting hurt on the job can be difficult and confusing, which can make navigating the Colorado workers’ compensation process and slip and fall claims all the more difficult. The law offices of Mark A. Simon can help you file all forms and communicate with your workers’ compensation insurance company with confidence, making sure you recover all the wages you deserve and are legally entitled to during the time that you are out of work for both recovery and treatment. If you’ve been seriously injured in a slip and fall accident at your place of work, contact our team today to learn how we can help. 

Terms to Know When Filing a Wrongful Death Suit

March 27, 2019

At the law offices of Mark A. Simon, we know that filing a wrongful death suit is never an easy thing. Thankfully, whether you’re a client from Denver, Aurora or Littleton who feels your loved one has been wrongfully killed in an accident, our compassionate, professional team will be here to help. Mark A. Simon has accumulated years of experience in wrongful death suits in Denver and will be on your side to make sure you get what’s rightfully yours in light of your loved one's death. 

Common Reasons for Wrongful Death Lawsuits

What can be considered a wrongful death in the eyes of the law? There are a variety of common causes that stand as grounds to initiate a wrongful death lawsuit. The most common causes of death are those involving automobile, commercial truck or motorcycle accidents. Hospitals are sometimes deemed liable for the wrongful death of patients due to incidences of medical malpractice. Injuries that occur at birth may be liable for wrongful death suits, as are deaths related to product defects. Other common reasons citizens in and around Denver file wrongful death suits include death resulting from an occupational hazard, fatal accidents on public or private premises, crimes such as shootings and stabbings or those who succumb to violence or poor care in nursing care or senior living facilities.

Four Elements of a Wrongful Death Lawsuit

When you work with the law offices of Mark A. Simon on your wrongful death suit, we’ll help you establish four main tenants for financial recompense.   include:

Negligence – Identifying facts and circumstances that illustrate that the death of your loved one was caused (in part or in whole) by the recklessness, carelessness, or negligent actions of the defending party —be it a private employer, or certain individual.

Breach of Duty – Breach of duty wrongful death suits place the responsibility of your loved one’s death on those who were owed a duty to the deceased victim. Fellow motorists can be deemed negligent as it is their duty to obey traffic laws; Hospitals and doctors have a legal responsibility to foster an environment of wellness, just as employers have a legal obligation to establish safe working conditions for their employees.

Causation – In addition to proving how the duty of the defendant was breached toward the deceased, the law offices of Mark A. Simon will also work to how the negligence of the defendant, be it an employer, public body, or individual, caused your loved one’s death.

If you are a Denver citizen interested in moving forward with a wrongful death lawsuit in your to the rewards you deserve as a result of your loved one's untimely death, contact the Mark A. Simon team today to set up a free consultation. 

How to Avoid Accidents with Emergency Vehicles in Denver

March 20, 2019

Commuters, professionals and small business owners from across Denver and surround know that the emergency vehicles utilized by our local police, fire department and ambulance services are on the road for one reason: to protect and serve the public at large. Whether it’s responding to crimes, accidents or emergencies, our first responders help keep us safe 365-days a year. Yet despite their best intentions, emergency response vehicles are involved in hundreds of accidents all over the country each calendar year. Crashes and accidents involving emergency response vehicles are a serious problem across the United States, all-too-often resulting in injury and death to emergency responders, other drivers and pedestrians alike. Understanding the underlying causes of these crashes is critical for establishing effective strategies for reducing the occurrence of similar incidents —and helping you take measure to avoid them, whether you’re traveling across one of Colorado’s picturesque highways or simply traveling in your own neighborhood. 

Emergency response vehicles are often more likely to get into accidents every year, particularly given the fact that they need to travel at have to travel at high speeds to reach emergencies. It is estimated that emergency vehicle accidents in the United States costs $35 billion annually, and the statistics regarding accidents and emergency vehicles might surprise you. But by following these tips, you can stay safe on Denver’s roadways while giving first responders ample time and space to do their jobs of protecting the public at large safely and effectively. 

National estimates say that over ambulances are involved in over 6,500 accidents each year —a third of which involve an injury or fatality. Over 63% of people killed in accidents with ambulances are passengers in another vehicle. Similarly, police vehicle pursuits result in over 300 fatalities on U.S. roads each calendar year. Estimates indicate that over 30% of these fatalities occurs to people who are not involved in the chase. Given the hazards inherent in most police chases, police officers are in involved in nearly double the rate of motor vehicle crashes versus the general public. If you’re on the road and see an emergency vehicle engaging or taking action on the road, following some simple steps can go a long way in keeping you out of harm's way —protecting you, the emergency response vehicle, and you fellow drivers. 

Sirens Approaching From Behind

All drivers know to pull over to the right hand side of the road when you hear a siren approaching from behind. However, it's important to remember not to be hasty. While our knee-jerk reaction may be to turn to the right as quickly as possible, make sure you're careful there are no other vehicles, pedestrians, motorcyclists or cyclists in or around the breakdown lane or sidewalk. Also, keep your blinker or hazards lights on until all emergency vehicles have passed and you're sure it's safe to return to the flow of traffic. 

Sirens Approaching From Up Ahead

When you hear emergency vehicle sirens approaching from ahead, take the same diligence when pulling over to the right. If you are heading in one direction with the lanes separated by barriers, the chances of an emergency vehicle traveling against traffic is rare, but not impossible. Pulling fully into the breakdown lane (when possible) frees your lane for the emergency responders to pass through if they are traveling against the grain. 

Sirens Approaching as a Pedestrian or Bicyclist

Pedestrians and bicyclists also need to exercise caution when they are alerted by sirens on the road. Never operate a bicycle while listening to audio entertainment —particularly in heavily trafficked areas. Pedestrians should also remove any headphones prior to crossing heavily trafficked intersections and multi-lane roads —what you can’t hear might hurt you. In addition, both bicyclists and pedestrians need to utilize proper crossing areas such as crosswalks when navigating traffic. Failure to do so isn’t just a violation of the law, but could also jeopardize your safety. 

Colorado's Move Over Law

All drivers in Colorado should familiarize themselves with the state's "Move Over" laws —a set of rules and restrictions that delicate the proper approach drivers should take when they approach an emergency vehicle. Colorado Law 42-4-705 states: "On a highway with at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary authorized emergency vehicle or stationary towing carrier vehicle is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way by moving into a lane at least one moving lane apart from the stationary authorized emergency vehicle or stationary towing carrier vehicle." That's a long way of saying give emergency responders as much room as possible when the situation allows.

First Responders are Trained to Drive Safe

Rest assured, all emergency response vehicle operators receive training on how to navigate the roads properly. Emergency Vehicle Operator Courses (EVOC), are designed to educate first responders in identifying strategies and techniques that can be utilized during emergency vehicle operations. Throughout EVOC training, fireman, ambulance drivers and policeman are trained in the many dynamic forces of nature and physics, which will work both for and against the safe operation of emergency vehicles.

Injured in a Car Accident in Denver? Contact Mark A. Simon Today

If you’ve been injured in an accident with an emergency vehicle while following the rules of the road, the experienced and professional team here at Mark A. Simon are here to help. We have decades of experience with workplace compensation and personal injury suits across Denver, Littleton, Aurora and surrounds. Our team of attorneys works closely with each of our clients to get you what’s rightfully yours if you’re injured through no fault of your own.