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Accident Attorney Denver Archives - Bendinelli Law Firm

Marco Bendinelli and Unprecedented Personal Injury Results

By | Automobile Accident, Denver Personal Injury Attorney, Firm News & Holiday Topics, Uncategorized
Marco Bendinelli

Marco F. Bendinelli, Esq.

Marco F. Bendinelli has accomplished what no other Personal Injury Attorney has ever done in the state of Colorado.

He obtained two jury verdicts in excess of $1 million each in less than a month*

$2.1 Million Jury Verdict: Scholle v. Delta Airlines

On March 25, 2016, in Denver District Court, Mr. Bendinelli and his team won a landmark jury verdict. This 67-year old client was hurt on the job while working at DIA, involving a Delta-owned motorized baggage transportation vehicle. The defendant disputed the extent of our client’s injuries as well as on-going need for future medical treatment. The final offer before trial of $85,000 was rejected by Mr. Bendinelli and his client. Mr. Bendinelli tried this case to a jury resulting in a judgement of $2.1 Million.

FINAL OFFER BEFORE TRIAL: $85,000
JURY VERDICT/FINAL JUDGEMENT: $2.1 Million

$1.4 Million Jury Verdict: Claycomb v. Fox

Just two weeks later, in Adams County District Court, Mr. Bendinelli tried another case before a jury. Here, his client suffered injuries from a car accident. The defendant hired a doctor to testify that our client was not that badly injured. They initially offered $70,000, then $250,000 on the Friday before trial. After a long trial, the jury returned a verdict which resulted in a $1.4 Million judgement.

FINAL OFFER BEFORE TRIAL: $70,000 initially/$250,000 Friday before trial
JURY VERDICT/FINAL JUDGEMENT: $1.4 Million

Mr. Bendinelli was again invited to be a featured speaker by the Colorado Trial Lawyers Association.

*Researched by the Jury Verdict Reporter of Colorado. (Historical data available to 1984)

The Bendinelli Law Firm’s Satisfied Client Reviews Are Real!

By | Automobile Accident, Denver Personal Injury Attorney, Uncategorized

Do you ever wonder if those positive client reviews that you see on some Denver personal injury law firms’ websites are really written by actual clients?

Well, here’s Meloni, an actual Bendinelli Law Firm client who shared her experience in her own words, in her own handwriting. It doesn’t get any more real than that!

“I attempted to deal with Geico on my own after their client rear-ended my car. They called me a liar and insisted that there was no way I could have been injured, which I was. Julian took over and got me a settlement that surprised me in how much more it was than I had expected.”  – Meloni

If you’ve been injured and need to talk to a Denver personal injury lawyer, don’t wait contact us now! We’re here to help!

Let’s Celebrate St. Patrick’s Day With No DUIs

By | Automobile Accident, Denver Personal Injury Attorney, Drunk or Impaired Driving, Hit-and-Run Crashes


st pats
St. Patrick’s Day is just around the corner and you’re probably making plans to meet up with friends for drinks and a lot of fun! There are many events that start the day off early with fun runs, parades and green beer. Synonymous with binge drinking, St. Patrick’s Day has become one to forget, or rather, blackout from. Binge drinking can cause a range of problems, but blacking out and not remembering the night is one of the most dangerous.

Blacking out while drunk means that you don’t remember what you did. It’s only when friends bring something up or show you a picture on their phone do you realize you have no memory of the night before. It may be fun to see yourself riding down a parking garage in a shopping cart, but you should be wondering what other kinds of things you did that night that weren’t recorded.

The way alcohol works in our system is it breaks down the communication of our amygdala and prefrontal cortex, the parts of the brain responsible for critical thinking and behavior. To put it simply, you are more likely to take risks or make poor decisions while you are drinking. Being blackout drunk means you won’t have any memory of those risks in the morning.

You may think it is probably better to not remember the stupid things you do while drunk, but what if you decide to get behind the wheel while drunk? You may hit a person or car and keep driving. You get arrested for a DUI and wake to find yourself in jail in the morning. Enjoying a few too many can mean you change your life forever – and probably not for the better.

In 2016, the Colorado State Patrol and local law enforcement agencies arrested 396 drivers suspected of being impaired over the St. Patrick’s Day weekend. Don’t be one of them this 2017.

Follow these suggestions to stay safe and enjoy the holiday weekend:

  • Nominate a designated driver

Having a friend or family member drive you from bar to bar instead of taking your own car could save your life or a night in jail.

  • Take Uber or Lyft

With ride sharing services readily available there is no reason to take your own car.

  • Call a Taxi

If the rate hikes are too high on Uber or Lyft consider calling an old-fashioned taxi to get you to the next bar or home safely.

  • Use Public Transportation

With the Denver area expanding the light rail to most metro areas there is no reason you can’t take the train or bus to your favorite drinking spot and come home the same way.

At the Bendinelli Law Firm, PC, we want to remind you not to drink and drive this St. Patrick’s Day. If you or a loved one have been hurt in a drunk driving accident, please contact us for a free consultation on your case.

 

 

photo credit: Godo-Godaj <a href=”http://www.flickr.com/photos/13832715@N05/5535132666″>Celebrating St. Patrick’s Day-Tralee Co Kerry</a> via <a href=”http://photopin.com”>photopin</a> <a href=”https://creativecommons.org/licenses/by/2.0/”>(license)</a>

The Pain of Wrongful Death Cases

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

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.

No DUIs on Valentine’s Day!

By | Denver Personal Injury Attorney, Drunk or Impaired Driving, Motor Vehicle Safety

romanceLove is in the air and many of us will be heading to our favorite restaurant to celebrate Valentine’s Day with our special someone. These romantic dinners may involve wine, beer, or cocktails, as we gaze lovingly into each other’s eyes. What many of us do not realize is how easy it is to go from just enough, to one too many, and then get behind the wheel thinking we’re are okay to drive. Getting a DUI on Valentine’s Day is definitely not how you want to end this special celebration!

A common myth is if we consume only one drink per hour we’re still sober enough to drive. Though it may be possible (as we all metabolize alcohol differently), research suggests that this just isn’t true. Dr. Kenneth R. Warren explains:

“The average rate of alcohol metabolism is 100 milligrams of alcohol per kilogram of bodyweight per hour. For a typical 160-pound man, this would translate into 7 grams of alcohol in an hour. The so-called standard serving, a 12-ounce bottle of beer, is 14 grams of alcohol, so it would take two hours to fully metabolize it. For most people, if you drink one drink an hour, you’re going to become more and more impaired each hour.”

While one drink a hour may be the norm for many people, your body is likely not processing the alcohol as fast as you think, which could lead to disaster if you do not take the time to sober up.

Becoming sober isn’t as easy as it sounds either. As we begin to wrap up our Valentine’s dinner we may order a cup of coffee, thinking that it will help us sober up for the drive home. But, again this just doesn’t seem to be the case. In an interview with the BBC, Dr. Thomas Gould explains:

“The myth about coffee’s sobering powers is particularly important to debunk because the co-use of caffeine and alcohol could actually lead to poor decisions with disastrous outcomes. People who feel tired and intoxicated after consuming alcohol may be more likely to acknowledge that they are drunk. Conversely, people who have consumed both alcohol and caffeine may feel awake and competent enough to handle potentially-harmful situations, such as driving while intoxicated or placing themselves in dangerous social situations.”

Though coffee, or other caffeinated drinks, can make an impaired person feel more alert after consuming a few drinks, it isn’t helping your body metabolize the alcohol any faster.

If you are still unsure whether you can drive your sweetheart home, download CDOT’s R-U-Buzzed app. Just put in your body weight, sex, and how much you have had to drink and it will give you an estimated blood alcohol concentration and when you will become sober.

Don’t give the love of your life the gift of a DUI this Valentine’s Day. Go out and celebrate with your love, but remember to celebrate responsibly. If you are too drunk to drive then use RTD, call a taxi, or using a ride sharing service such as Uber or Lyft.

If you or a loved one has been hurt in a DUI or DWI crash speak with one of our expect lawyers. Contact the Bendinelli Law Firm today for a free consultation.

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.

Happy New Year! Drinking and Driving–It’s Not Worth It!

By | Automobile Accident, Denver Personal Injury Attorney, Drunk or Impaired Driving, Uncategorized, Winter Driving Safety

Blurred vision due to drunk drivingThe holidays are coming to a close and a new year just around the corner. As we head out to friend’s and family’s homes and company parties, there is the potential for winter weather road conditions, as well as drunk drivers – especially around New Year’s Eve. Though we may not be drinking at holiday parties, many people are, and the data shows it. Nationally, between Thanksgiving and New Year’s 2-3 times more people die in alcohol-related crashes than during other times of the year, 1,200 people will be killed, and there will be 25,000 people will be injured in traffic accidents related to alcohol.

In Colorado more than 26,000 people are arrested for DUI, and over 150 people are killed in alcohol-related traffic accidents each year. The fatalities due to impaired driving represent more than one third of traffic deaths in Colorado. These numbers are really horrifying, so how is Denver Metro law enforcement helping to keep roads safer?

In Colorado law enforcement agencies ran their annual, “The Heat is On” campaign from Nov. 18 – Nov. 28, with 97 agencies participating. The campaign is designed to help stop drivers that may be driving under the influence (DUI).  During this ten-day period officers arrested a total of 518 people who were suspected of DUI. This year there has been 177 fatalities due to impaired driving, a number likely to go up before the end of the year.

DUI Checkpoint-drunk driving

DUI Checkpoint

“The Heat is On,” will continue through December, with law enforcement agencies around Colorado creating sobriety checkpoints and increasing the number of officers on patrol to help spot and stop DUI drivers. To help you and your loved ones get home safely, you can download CDOT’s R-U-Buzzed app, a blood alcohol content calculator for Android and iPhone, nominate a designated driver before you go out to parties, use the RTD system free starting at 7pm, or plan to use a ride sharing services like Uber or Lyft.

If you or your loved ones have been hurt in a motor vehicle crash in Colorado involving a drunk or drugged driver, during the holidays, or any other time of year, contact the Bendinelli Law Firm for a free and confidential consultation.

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.

pedestrian auto accident, Colorado College, Bendinelli Law Firm

Street Renewal Near Colorado College Aims to Protect Pedestrians

By | Automobile Accident, Denver Personal Injury Attorney, Pedestrian Accidents

In June, supporters will present the Right Size plan to the City Parks Board, with the hope of improving safety for pedestrians near Colorado College.

Right now, Cascade Street has four lanes of traffic, two in each direction. However, drivers and pedestrians alike have voiced concerns about safety, citing limited visibility. Students have said they get nervous when crossing, because they have to worry about multiple driver viewpoints. Even if the first car sees a person crossing, the second car may not have time to stop.

The Right Size proposal would convert the outer lanes into bike lanes, leaving one lane in each direction. This would create more protected space for pedestrians and cyclists, while streamlining traffic. Supporters say small changes like this could help save lives, especially in an area with so much foot traffic.

The proposal also details plans to install two median openings in the area, along with additional landscaping. City Council is expected to make their final vote on July 26. If Right Size passes, the street could see changes immediately, before the end of Summer 2016.

Do Pedestrians Have the Right of Way?

In most cases, pedestrians on or near the road always have the right of way. Drivers have a responsibility to protect pedestrians on the road, and pedestrians are expected to be vigilant and exercise good judgement. When either side fails in their duty, the results can be tragic.

So far, in 2016, 28 pedestrians have been killed in Colorado. Road improvements and smart construction can help keep them safe, but the easiest way to prevent collisions is for both sides to pay close attention, especially at night.

For drivers, the most important things to remember are:

  • Obey the speed limit, especially in school zones and in neighborhoods where there are children present.
  • At crosswalks, stop far enough back to allow cars in other lanes to see pedestrians as well. Never pass a vehicle stopped at a crosswalk.
  • Avoid distractions like phones and food, especially in populated areas. Something as simple as changing the radio can cause you to take your eyes off the road at crucial moments.

Pedestrians play a role in safety too. They are responsible for:

  • Cross the street at a designated crosswalk or lighted intersection whenever possible.
  • Help drivers see you at night by wearing light colors or reflective clothing, and carry a flashlight. Never assume drivers can see you.
  • Avoid phones or headphones. These distractions can keep you from noticing approaching lights and other important details.

Personal Injury Attorney Denver

Pedestrians are the road’s most vulnerable users. If a distracted driver has hurt or killed your loved one, you may need help holding him accountable. The right attorney can be a crucial ally during tough times, providing important options and legal strategy. For a free consultation on your pedestrian auto accident, speak with a licensed personal injury attorney at Bendinelli Law Firm. We know how Colorado laws protect pedestrians, and we can help you get justice.

 

References:
http://www.koaa.com/story/32181141/city-considers-plan-to-improve-pedestrian-safety-near-colorado-college