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car accident attorney 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.

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.

auto accident fatality colorado, sad husband and wife

Colorado Auto Accident Fatalities

By | Automobile Accident, Denver Personal Injury Attorney

Our personal injury law firm sees its share of auto accident cases every year. Sadly, auto accidents can be fatal. Fatal auto accidents in Colorado are now on the rise for children ages 5 and up (including young adults). In 2012, it was calculated that four people died of car accident injuries every hour, every day, all day long throughout America.  The fact is that the chance of you being in a fatal auto accident varies by state. Colorado is experiencing a surge, according to the data trends reported as of December 2014. This information can be found online at Colorado Department of Transportation Traffic and Safety Crash Data

This organization offers detailed and comprehensive Crash Data and Statistics and city crash fact sheets covering the entire state. In summary, there were 447 reported crashes in 2011 and as of the latest report, 2015 was well on track to exceed more than 500.  Of these, over the last four years, on average, 30% or more involved drivers under age 65 years with an average of more than 25% involving pedestrians, motorcycles, and bicyclists.

From the data, there are trends showing that the time of year is a factor, with the majority of crashes occurring during the Spring (March-April) and Fall (August-September) months. Fewer happen during the winter, with a declining trend starting in December that historically lasts through February.

Injury Attorneys and Auto Accidents

The peak year, to date, was 2002, with an obvious trend toward increases since 2011.  The Bendinelli injury law firm of Denver advises you not to go it alone if your loved one is tragically killed in a car or truck accident. While we can’t be certain about why the trend is taking the direction it is, we can be confident of the best next steps in the case where you and/or your loved ones find themselves in the unfortunate situation of dealing with a horrible life changing car accident (alcohol related or not) that resulted in someone being killed or severely injured.

auto accident fatality colorado, sad husband and wifeFamily members should be able to grieve without having to deal with the unpleasant task of negotiating and processing red tape that insurance companies throw at you. Also, survivors should not have to solely bear the financial burden that these auto accidents create. As a plaintiff, your best bet is a proven attorney who can mitigate the odds, which will be stacked against you.

If you are a victim / plaintiff in a motorcycle or auto accident case, nothing can be resolved without first demonstrating proof of negligence.  Negligence can be shown with the support of police reports, photographs of the crash scene, eyewitness testimony and other types of direct evidence. Along with evidence, your injury attorney must be able to demonstrate that the harm done was a result of the accident, the accident was caused by recklessness, and the victim deserves to be compensated for the harm done by the party accused of the fault.

It is best to have your case reviewed by a qualified Denver car accident lawyer who knows all of the ins and outs of auto fatality cases.

A consultation to evaluate your case is complimentary.  Contact the Bendinelli Law Firm of Denver Colorado should you ever find yourself in this difficult situation.