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Category Archives: Distracted Driving

The Pain of Wrongful Death Cases

By | Automobile Accident, Distracted Driving, Drunk or Impaired Driving, Hit-and-Run Crashes, Uncategorized, Wrongful Death

The Pain of Wrongful Death

It’s like a punch in the gut when an unexpected tragedy strikes, and a loved one dies. Not only are you dealing with unbearable grief, you may be wondering if your loved one died as a result of a wrongful death due to someone’s negligence or neglect.


In Colorado, wrongful death claims are civil lawsuits that attempt to establish the liability of a person or company resulting in the untimely and wrongful death of a loved one. To receive compensation, the family must show that the death was caused by the negligence, recklessness, or intentional behavior of another person or entity. Some examples of wrongful death claims are: car accidents, slip and fall accidents, medical malpractice, or death caused by defective or recalled parts.

In Colorado, families can sue for both monetary damages. This compensation would cover losses of the estate, and punitive damages. This  would help families during their time of need, and in some cases, punish negligent parties that caused the death of a loved one. Monetary damages cover things like lost wages and other assets the deceased would have likely earned. It also can cover a benefit loss (such as health insurance) as a result of the death. Families are also able to seek damages for loss of love, companionship, comfort, care, and assistance lost because of the death. The amount of monetary damages is assessed by a jury or judge and will be determined by the facts of the wrongful death case.

Families may also seek to recover losses to the estate, such as medical, hospital, or emergency care expenses, as well as funeral and burial costs. These bills can quickly add up after the death of a loved one. The Bendinelli Law Firm will ensure that the negligent party will be held responsible and can help families through this difficult time.

In addition to monetary and estate damages, there are punitive damages. Punitive damages are meant to punish the wrongdoer to deter them, and others from acting in negligent or reckless ways. Though this cannot bring back a loved one, it can feel like justice has been served for the suffering families.

The laws surrounding wrongful death cases very by state to state. In Colorado, wrongful death lawsuits can be filed only by the surviving spouse in the first year, and then by the surviving children the following year. If the deceased has no surviving spouse or children the parents can then file a wrongful death claim. All wrongful death lawsuits in Colorado must be filed within two years of the death.

It is important to speak with an attorney if you believe a loved one has died because of the negligence of another person or company. If you believe your family has been the victim of wrongful death, contact the Bendinelli Law Firm today to speak to an experienced wrongful death attorney.

It’s Not Too Late for Your New Year’s Resolutions!

By | Automobile Accident, Distracted Driving, Drunk or Impaired Driving, Motor Vehicle Safety, Pedestrian Accidents, Uncategorized

Let’s admit itwe all do it! WNew Years Resolutionse make New Year’s Resolutions that we don’t or can’t keep. In fact, only 8% of people who make New Year’s resolutions actually keep them. At the Bendinelli Law Firm, let us help you with some easy resolution ideas to help keep you safe on Colorado roadways in 2017.


Never drink and drive

In 2016, there were 495 deaths or injuries attributed to drunk driving in Colorado. You can keep yourself and others on the road safe by always designating a sober driver when going out drinking, or use ride share services like Lyft or Uber. Public transportation is also a good option if it is available in your area. Better yet, this year make it part of your resolutions to be the designated driver. Your friends will thank you for it!

Do not use your cell phone while driving

There are so many ways that we can be distracted while driving, but using your cellphone has the highest rate of distraction. In 2014, 3,179 people were killed and 431,000 injured nationally due to distracted driving. This year resolve to only use your cell phone when you are safely off the road. At the very least, resolve to use a hands-free device.

Buckle up

Buckling up every time you get in the car will help protect you should you get into a crash. Seat belts have been showing to reduce serious crash related injuries by nearly half and saved 12,802 lives nationally in 2014. If you don’t already wear your seatbelt, this can be one of the easiest New Year’s Resolutions you ever make!

Respect Bicyclists on the road

With 70% of bicycle fatalities happening in urban areas and the number of people in Colorado that bike to work and for recreation, it only makes sense that this be part of your New Year’s resolution.  As part of Colorado law, bicyclists are considered drivers on the road and have a right to safety, just as the drivers of motor vehicles.

Keep your tires in good condition

In Colorado we can experience any number of road conditions throughout the year (even snow in the mountains in July!). Keeping your tires in good condition means you will be able to stop faster and will have more traction when nasty weather comes through Denver. Making sure that your tires have at least 1/8 inch of tread or having chains that will help you through heavy snow storms on your next trip to the mountains.

Watch for pedestrians

In 2014, 4,884 people were killed in pedestrian/motor vehicle crashes and 65,000 reported pedestrian injuries nationally. Pedestrian accidents are something we can avoid by driving more slowly through school zones and making sure there is no one using the crosswalk before we make a turn.  Pedestrians can help protect themselves by wearing reflective clothing at night and carrying a flash light.

If you’ve been injured through no fault of your own, call the Bendinelli Law Firm to speak with an experienced personal injury layer for a free and confidential consultation. Don’t wait – call us now at 1-800-ATTORNEY.

Curb Your Anger on the Road and Prevent Road Rage

By | Automobile Accident, Distracted Driving, Drunk or Impaired Driving, Hit-and-Run Crashes, Uncategorized

Road Rage DriverAs we take to the roads for our daily commute to work or school, it is likely that we’ve seen people driving in anger, honking their horn, or any number of aggressive actions that can quickly escalate into road rage.

According to DMV.org, road rage is, “…aggressive or violent behavior stemming from a driver’s uncontrolled anger at the actions of another motorist.” Simple actions such as not using your blinker, speeding, honking, or tailgating can quickly escalate into a more violent and severe road rage car accident.

In Colorado, road rage and aggressive driving incidences have been on the rise. In the first two months of 2016, the Colorado State Patrol received 7,594 calls reporting aggressive drivers, a 22% increase from 2015 during the same period.

Reportings of unsafe or aggressive drivers in the Denver Metro Area are tracked. The Colorado State Patrol sends out a warning letter after three complaints, hand delivers a letter after five complaints, and the has the option of keeping an eye on the drivers’ future behavior.

It’s important to remember that your behavior while you drive effects more than just you, it also effects your passengers and other’s on the road. In a road rage related car accident in December 2016, a truck driver was seen driving recklessly and aggressively on Interstate 76. While attempting to pass a semi-truck in the shoulder the truck driver lost control and drove through a guardrail and crashed on the street below.

Running late for work or school, or even having a bad day might make you drive differently than your normal habits, but it is not worth it when it could mean harming yourself or others on the roadway. The best way to prevent a car crash caused by road rage and aggressive driving is to drive defensively. Slow down and focus on getting to your destination while following traffic laws and driving safely. Someone cut you off? Maybe their day is going just as poorly as yours is, and it is always better to cut other drivers some slack than creating a situation where you may end up hurt or worse.

If you have been injured in an aggressive driving or road rage car accident, contact the Bendinelli Law Firm for a free consultation on your case.

Keep Your Cool with these Colorado Winter Driving Tips

By | Automobile Accident, Denver Personal Injury Attorney, Distracted Driving, Hit-and-Run Crashes, Motor Vehicle Safety, Winter Driving Safety
Car in ditch on snow covered highway

Car in ditch on snow covered highway

Winter can come on quickly in Colorado and we’ve already had a couple of tough storms. New drivers and out-of-state drivers may not have the same experience as those of us who have lived here longer. The Bendinelli Law Firm has compiled some Colorado Winter Driving Tips to help keep your cool this winter season when you decide to hit the road.

  1. Check your tires.  We all know it is best if we have winter tires, but the point is to make sure you have enough tread on your tire to help you gain traction in the snow, whether it is winter or all-season tires. More tread will help you navigate those snowy conditions. If you aren’t sure you need new tires you can do the “quarter test.” Take a quarter with Washington’s head down in the tire tread, if his hair is covered your tires are still good, if it isn’t it’s time to invest in a new set.
  1. Slow down.  Even if you are running late or in a hurry it is best to slow down in snowy and icy driving conditions. Slowing down means being able to react when you need to come to a stop, or not spinning out when turning, go around a corner, or slowly down too quickly. Taking your time could help you avoid a car crash and save your life.
  1. Buckle up.  In the event of the unthinkable and you are involved in a car accident, having you and all of your passengers buckled up could save lives. And it’s the law in Colorado!
  1. Let the plows work.  Don’t try to pass plows that are working during winter storms. Conditions ahead are most likely worse than following at least four car lengths behind. You might be getting to your destination more slowly, but you will also be getting there more safely.
  1. Follow at a safe distance.  As with the plows, you want to give your fellow drivers enough room to work if something should happen. Giving extra distance between you and the next car means being able to stop or avoid an accident safely.
  1. Leave the high beams off.  Driving with your high beams on while there is falling or blowing snow makes it harder to see because of its reflective nature. Keep the high beams off and take your time to get to your destination.
  1. Stay home!  This isn’t an option for all of us, but if you can stay home on a bad winter day—just do it!

If you or someone you know has been injured in an auto accident during the winter months or any other time of year contact the Bendinelli Law Firm for a free and confidential consultation. We’re available 24/7!

distracted driving Denver, car accident attorney Denver, Denver Car Accident Lawyer

The Major Distracter for Denver Drivers – Use of Mobile Phones

By | Denver Personal Injury Attorney, Distracted Driving, Texting and Driving

Distracted Driving in Denver – The Major Distracter, Use of Mobile Phones

The Colorado law protects the rights of distracted driving victims.

In 2014, Colorado witnessed 486 road fatalities, according to the Colorado Department of Transportation, with 43 of the accidents reported in Denver.

During the same period, many more motorists were seriously injured during the collisions. This is a true reflection of the constant risk and unending danger motorists in Denver face while on the road.

Distracted driving is one of the major causes of fatalities in Colorado. However, it’s the easiest to prevent. Focusing on driving and paying attention on the road on the part of drivers can help reduce collisions and thus save many lives.

In 2013, according to NHTSA, distracted driving caused more than 3,100 deaths in the wider US nation. If drivers focused on the road and avoided distractions, lives lost through such accidents would have been saved.

A Denver car accident lawyer can help victims of distracted driving to file claim for damages and injuries afflicted during such crashes.

The Use of Mobile Phones – The Number One Cause of Distracted Driving

Mobile phone use is the most widespread issue in matters regarding distracted driving. More than 660,000 drivers, according to NHTSA, use their phones every moment, every day.

Each time a driver decides to use his or her phone to text or make a call, they divert their attention and eyes off the road for at least five seconds. When travelling at 55 mph, this time is enough to cover the length of a football field hence the risk of causing a fatality.

Colorado has laws in place that restrict drivers from using their mobile phones while driving. For instance, drivers below 18 years are not allowed to use mobile phones while driving, whatsoever. However, drivers at least 18 years old are allowed to make phone calls only; no manual entering of information onto phones like texting.

However, drivers have exceptions in the law on usage of their mobile phones when contacting a public safety entity or having an emergency like the need to report a fatality, fire, criminal act or even a road hazard.

A distracted driver while using a mobile phone can be fined $50 for a first offence and $100 for a second offence. However, they are legally obliged to pay for damages caused.

Denver Car Accident Lawyer

Victims of distracted driving, specifically a texting driver, can use the services of a Denver car accident lawyer to file for compensation for injuries, medical expenses, lost wages and even pain or suffering caused. We invite you to contact the Bendinelli Law Firm to discuss the specifics of your situation.

Denver Personal Injury Attorney, Commercial Trucking Accident Attorney, Truck Accident Lawyer

Commercial Trucking Accidents – Causes of Fatalities in Denver

By | Denver Personal Injury Attorney, Distracted Driving, Drunk or Impaired Driving, Semi-Truck Accidents

More than 330,000 commercial trucking accidents, according to the National Highway Traffic Safety Administration (NHTSA), occur every year in the U.S. and these crashes result in thousands of death and injuries on a yearly basis.

Crashes involving commercial trucks like tractor trailers, semi trucks, box trucks, delivery vans or 18-wheelers, and small passenger vehicles usually see occupants of the latter vehicles sustain the worst kind of injuries in the accidents.

This is where a Denver truck accident attorney comes in to help victims navigate the legalities of filing a claim for the injuries or damages incurred.

Top 4 Causes of Commercial Accidents in Denver, Colorado

There are several causes of commercial trucking accidents, just like in the case of car crashes. Although truck drivers are usually at fault and the major cause of trucking fatalities, there are other factors that can lead to serious road crashes.

  1. DUI – is a major cause of road accidents. Drivers use stimulants to keep awake for prolonged periods on the road. Any mishap or error on the part of a truck driver under influence can easily cause a crash due to the heavy nature of commercial vehicles.
  1. Distraction – emailing, texting, chatting on social networks, surfing the internet, using the GPS device, drinking, eating, reading books, using a road map, changing music or even watching a DVD while driving can cause distraction. The moment of distraction is enough to cause an accident.
  1. Drowsiness – it is common for truck drivers to overstretch their load delivery goals or mileage to improve their pay scales. As a result, many truck drivers skip critical breaks to rest, forge log books and fail to get enough sleep for prolonged periods.

Fatigue is as good as drunk driving and can cause serious fatalities.

  1. Poor Maintenance of Vehicles – trucks, just like cars, require regular maintenance for optimal performance. Oil changes and maintenance services done on brakes and transmission systems are meant to keep vehicles in good working condition.

Failure to carry out such routine maintenance means vehicles can fail on the road. This can lead to serious fatal crashes.

Other Causes – defective engine components, poor road designs, faulty tires, poor weather conditions and other motorists failing to follow driving best practices can also cause fatalities.

Denver Truck Accident Attorney

All victims of car or commercial trucking accidents have legal rights and insurance companies do not always act in your best interest. A Denver truck accident attorney can help protect the rights of accidents victims, helping file claim for injuries and damages caused. Contact the Bendinelli Law Firm for a complimentary consultation to discuss your case.