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	<title>Colorado Law Blog</title>
	
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		<title>What to do when you&#x2019;ve been in a car accident</title>
		<link>http://www.coloradolaw.net/blog/car-accidents-2/car-accident-checklist-866911/</link>
		<comments>http://www.coloradolaw.net/blog/car-accidents-2/car-accident-checklist-866911/#comments</comments>
		<pubDate>Mon, 10 Oct 2011 08:12:43 +0000</pubDate>
		<dc:creator>reese</dc:creator>
				<category><![CDATA[Car Accidents]]></category>
		<category><![CDATA[car accident]]></category>
		<category><![CDATA[what to do]]></category>

		<guid isPermaLink="false">http://www.coloradolaw.net/blog/?p=911</guid>
		<description><![CDATA[<p>Driving a vehicle is probably the most dangerous mode of transportation according to the National Highway Traffic Safety Administration (NHTSA). Especially when you consider that in 2007, approximately 6.2 million motor vehicle crashes and over 41,000 traffic fatalities were reported to police. That&#8217;s an average of 112 lives lost per day due to car accidents in the United States.</p>
<p>If you&#8217;ve been involved in a car accident your whole life flashes before your eyes, and typically, it&#8217;s difficult to think clearly because you&#8217;re in shock. That&#8217;s why it&#8217;s not only imperative to know what to do in order to protect your rights if you&#8217;re involved in a car accident; it&#8217;s also wise to pack an emergency kit containing the following items in case of a collision.</p>
<p>Your vehicle&#8217;s emergency kit should include:</p>
<ul>
<li>A cell phone</li>
<li>Pen and paper</li>
<li>Your medical information-including any prescription drugs, allergies or medical conditions</li>
<li>A list of emergency contacts</li>
<li>Reflective cones and/or warning flares</li>
<li>A first aid kit</li>
<li>Your vehicle&#8217;s insurance card</li>
<li>The name and number for your PI attorney</li>
</ul>
<p>Although we all do our best to prepare for the worst and drive responsibly, car accidents still occur. Worse yet, they tend to result from a number of factors that are beyond our control-such as drivers talking on cell phones, speeding, texting, reckless driving, failure to obey traffic signals, defective vehicles, and other factors like use of drugs and alcohol. When you consider all of the dangers on the road, you can understand why it&#8217;s smart to be prepared.</p>
<p>If you are involved in a car accident, you will likely feel shock followed by fear, anxiety and anger. All of these emotions are normal after being involved in a traumatic event like a car accident. Immediately following a car collision, follow these safety steps:</p>
<ul>
<li>Attempt to compose yourself by taking a few deep breaths</li>
<li>Assess yourself for injuries (note that not all injuries are visible)</li>
<li>Decide if it&#8217;s safe to exit your vehicle</li>
<li>If you&#8217;re injured or if you can&#8217;t get out of your car</li>
<li>Keep your seat belt fastened</li>
<li>Switch on your hazard lights</li>
<li>Call 911 immediately and give the emergency dispatcher this information:
<ul>
<li>Your name and phone number (in case authorities need to reach you)</li>
<li>As much detail as you can about the accident, for example, how many vehicles and people are involved, any medical emergencies or immediate dangers</li>
<li>Give your exact location-the city, street name, nearest intersection and direction</li>
<li>And finally, stay on the line until the dispatcher has all of the information they need to locate you</li>
</ul>
</li>
<li>Wait for emergency response to arrive</li>
</ul>
<p>If you are uninjured and the collision is minor:</p>
<ul>
<li>Turn off your car&#8217;s engine</li>
<li>Get your emergency car kit</li>
<li>Place reflective warning cones or emergency flares around the accident site to alert oncoming traffic</li>
</ul>
<p>Next, if you are feeling well enough, follow these steps to secure evidence and protect your rights:</p>
<p>1.Use a GPS to identify your location</p>
<p>2.If you haven&#8217;t already, call 911 and report your location</p>
<p>3.Check on potentially injured persons</p>
<p>4.Stabilize those who need immediate medical assistance</p>
<p>5.Photograph damage to all vehicles involved in the collision as well as any distinctive features of the road or intersection</p>
<p>6.Draw a rough sketch of the crash site-including the location of each car, the direction they came from, what lane they were in, etc.</p>
<p>7.Record the date, time, and weather conditions</p>
<p>8.Photograph all other drivers involved in the traffic collision</p>
<p>9.Take down license plates and insurance information-ask to see their driver&#8217;s licenses, record names, addresses, phone numbers, insurance companies, insurance policy numbers, and license plate numbers</p>
<p>10.If any drivers don&#8217;t own the car they were driving, be sure to get the owner&#8217;s information</p>
<p>11.Take a complete list of people involved-including other drivers, witnesses and reporting officers</p>
<p>Regardless of the seriousness of your car accident, you will need to contact an experienced PI attorney who will discuss your rights, tell you how to secure the proper evidence, and ensure your protection in the event of an automobile accident. <a href="http://www.coloradolaw.net/html/mylawyer-app.html">Smartphone applications, such as &#8220;My Lawyer&#8221;</a> (from Bachus &amp; Schanker) can be uploaded for free to your Android or iPhone as a preventative measure. If you are involved in a traffic collision, the app is instantly at your fingertips with all of the vital information and tools, including:</p>
<ul>
<li>An accident checklist</li>
<li>Tips and checklists that help you catalogue and organize photographic evidence</li>
<li>Detailed steps for documenting fault, property damage and injury</li>
<li>Information for collecting witness and insurance information</li>
<li>A quiz to test your legal knowledge</li>
<li>An overview of your legal rights</li>
<li>A phone number for a free consultation</li>
<li>A free initial case inquiry submission</li>
</ul>
]]></description>
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		<title>Stroller Recall by Fort Collins Company</title>
		<link>http://www.coloradolaw.net/blog/recalls/stroller-recall-by-fort-collins-company-866903/</link>
		<comments>http://www.coloradolaw.net/blog/recalls/stroller-recall-by-fort-collins-company-866903/#comments</comments>
		<pubDate>Wed, 26 Jan 2011 13:00:15 +0000</pubDate>
		<dc:creator>rhea</dc:creator>
				<category><![CDATA[Recall Information]]></category>

		<guid isPermaLink="false">http://www.coloradolaw.net/blog/?p=903</guid>
		<description><![CDATA[<p>Fort Collins, Colorado-based phil&#038;teds is <a href="http://www.coloradoan.com/article/20110122/UPDATES01/110122003/Fort+Collins+company+recalls+strollers+over+hinge+mechanism">voluntarily recalling</a> approximately 22,000 jogging strollers sold in the United States, and about 7,200 in Canada due to amputation and laceration hazards. However, unlike most <a href="http://www.coloradolaw.net/blog/category/recalls/">defective product recalls</a>, the strollers do not seem to pose a hazard to the child placed in the stroller, but to the consumer.<br />
<!--more--><br />
Apparently, when folding or unfolding the strollers, consumers&#8217; fingers can get caught in the hinge mechanism, causing injury. The phil&#038;teds company has received three reports on injuries. One adult user of a recalled stroller suffered a fingertip amputation, while two others suffered lacerations.</p>
<p>The dangerous strollers were sold in stores nationwide from May 2008 and July 2010, and cost between $350 and $450. The recalled models are now discontinued, and have not been produced since 2010. Although the strollers are no longer manufactured, the fear is for consumers who still own and possibly use the strollers, and for those who may purchase <a href="http://www.coloradolaw.net/blog/safety/the-danger-of-used-baby-items-866815/">used baby items</a> without knowledge of their potential dangers.</p>
<p>The U.S. Consumer Product Safety Commission (CPSC) has published <a href="http://www.cpsc.gov/cpscpub/prerel/prhtml11/11106.html?tab=recalls">model names and numbers</a> of the recalled strollers. If you own one of these recalled strollers, or you know someone who does, the CPSC recommends that consumer immediately stop using the strollers, <a href="http://philandteds.com/component/content/article/926#sportclassic">and contact phil&#038;teds</a> to arrange for shipment of a free hinge cover kit and instructions to install it.</p>
<p>If you or a loved one has been injured by one of these recalled strollers, or by any <a href="http://www.coloradolaw.net/html/product-liability.html">defective child products</a>, please <a href="http://www.coloradolaw.net/html/contact.html">contact Bachus &#038; Schanker</a> for a free consultation. We can help you protect your rights, and determine whether you&#8217;re entitled to any compensation for your injuries.</p>
]]></description>
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		<title>Pinnacol Assurance Continues to Make Headlines</title>
		<link>http://www.coloradolaw.net/blog/workers-compensation/pinnacol-assurance-continues-to-make-headlines-2-866886/</link>
		<comments>http://www.coloradolaw.net/blog/workers-compensation/pinnacol-assurance-continues-to-make-headlines-2-866886/#comments</comments>
		<pubDate>Mon, 24 Jan 2011 19:30:11 +0000</pubDate>
		<dc:creator>rhea</dc:creator>
				<category><![CDATA[Workers Compensation]]></category>

		<guid isPermaLink="false">http://www.coloradolaw.net/blog/?p=886</guid>
		<description><![CDATA[<p>DENVER&#8211;January 18, 2011&#8211;Pinnacol Assurance, a state government subdivision that provides worker&#8217;s compensation insurance continues to appear in the spotlight, more than six months after it was first called out for irresponsible financial activity.</p>
<p>The organization first made headlines in March 2010 when the Colorado Legislature considered tapping nearly a quarter of Pinnacol&#8217;s $2 billion surplus to balance the state budget. While this idea was eventually abandoned, Pinnacol didn&#8217;t stay out of the news for long.<br />
<!--more--><br />
In May 2010, Channel 7 News Investigator Tony Kovaleski found and reported a number of Pinnacol executives on a lavish vacation in Pebble Beach, California. Pinnacol reportedly paid for the trip.</p>
<p>A financial audit of Pinnacol Assurance in June 2010 revealed shocking financial exploits, &#8220;bordering on abuse,&#8221; according to auditors. Most of these fiscal irregularities were centered on excessive bonuses and extravagant travel expenses.</p>
<p>Among other findings, the audit revealed that the organization had indeed paid for employees to attend a vacation at Pebble Beach gold resort in California. According to auditors, 75 percent of the travel write-offs violated Pinnacol&#8217;s policy on reimbursable expenses. This included thousands of dollars in alcohol, hotel rooms, golf fees and winery tours.</p>
<p>Most recently, on January 17, 2011 Channel 7 News reported obtaining an internal Pinnacol Assurance email, stating that neither the CEO Ken Ross, nor three board members who attended the Pebble Beach trip plan to resign.</p>
<p>This comes after several Colorado lawmakers called for the resignation of these individuals. While the Governor appoints Pinnacol&#8217;s board of directors, the State is not able to force resignation.</p>
<p>The Colorado State Legislature founded Pinnacol Assurance to be a &#8220;last resort insurer,&#8221; providing workers&#8217; compensation insurance to companies that were denied elsewhere. As such, it cannot turn down coverage for any Colorado business and is the state&#8217;s largest provider of worker&#8217;s compensation insurance.</p>
<p><b>Were you injured at work?</b><br />
If you were injured on the job and face a claim against Pinnacol Assurance, please call the expert <a href="http://www.coloradolaw.net/html/workers-compensation.html">worker&#8217;s compensation attorneys</a> at Bachus &#038; Schanker for a FREE consultation. Our attorneys will make sure your rights are protected and that you receive the compensation you deserve. Call us now at 866-277-6711.</p>
]]></description>
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		<title>Teen Killed in DUI Car Crash</title>
		<link>http://www.coloradolaw.net/blog/drunk-driving/teen-killed-in-dui-car-crash-866872/</link>
		<comments>http://www.coloradolaw.net/blog/drunk-driving/teen-killed-in-dui-car-crash-866872/#comments</comments>
		<pubDate>Wed, 19 Jan 2011 13:00:08 +0000</pubDate>
		<dc:creator>rhea</dc:creator>
				<category><![CDATA[Drunk Driving]]></category>
		<category><![CDATA[car accidents]]></category>
		<category><![CDATA[dui]]></category>

		<guid isPermaLink="false">http://www.coloradolaw.net/blog/?p=872</guid>
		<description><![CDATA[<p>Ethan Saltar was just 16 years old when he was killed in a <a href="http://www.coloradolaw.net/html/auto.html">car accident</a> in Brighton, Colorado, last September. His best friend was driving the sport utility vehicle Ethan was riding in, and when the vehicle rolled over in the crash, Ethan was ejected. Ethan&#8217;s friend was driving under the influence of alcohol. What&#8217;s even more chilling about this case is the other passenger in the car, 22-year-old Amanda Gonzales. It was her sport utility vehicle they were all riding in. Gonzales apparently gave both teenage boys alcohol&#8211;and then gave Ethan&#8217;s friend the keys to her car. The driver is being charged with vehicular homicide for his role in the accident. Gonzales is not. For Ethan Saltar&#8217;s mother, Leanne, this is unacceptable.<br />
<!--more--><br />
So far, the only thing Amanda Gonzales <a href="http://www.thedenverchannel.com/news/26523504/detail.html">has been charged with</a> is contributing to the delinquency of a minor for providing the boys with alcohol. This is a felony, and if convicted, Gonzales can be sentenced to prison for two to six years. According to the Adams County District Attorney, Don Quick, his office did consider charging Gonzales with vehicular homicide as well. They were unable to do so because the law would not support that charge.</p>
<p>This does not preclude, however, a civil case should Leanne Saltar choose to pursue it. She has said she will continue to fight for justice for her son, and she hopes this tragedy serves as a message to other teens about <a href="http://www.coloradolaw.net/html/drunk-driving.html">drunk driving</a>.</p>
<p>As statewide sponsors of Mothers Against Drunk Driving (<a href="http://www.coloradolaw.net/blog/drunk-driving/bachus-schanker-joins-madd-colorado-to-eliminate-drunk-driving-866230/">MADD</a>), we at Bachus &#038; Schanker are saddened by these events. It&#8217;s unfortunate that it sometimes takes a tragedy to bring such an important issue to the forefront. We hope you never find yourself in Leanne Saltar&#8217;s shoes, but if you do, our experienced <a href="http://www.coloradolaw.net/html/forms/auto.html">car accident attorneys</a> can help you get the justice you and your loved ones deserve.</p>
]]></description>
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		<title>Asthma Medication Recall</title>
		<link>http://www.coloradolaw.net/blog/drug-companies/asthma-medication-recall-866857/</link>
		<comments>http://www.coloradolaw.net/blog/drug-companies/asthma-medication-recall-866857/#comments</comments>
		<pubDate>Wed, 12 Jan 2011 18:24:41 +0000</pubDate>
		<dc:creator>rhea</dc:creator>
				<category><![CDATA[Drug Companies]]></category>
		<category><![CDATA[albuterol]]></category>
		<category><![CDATA[asthma medication]]></category>
		<category><![CDATA[drug recall]]></category>
		<category><![CDATA[Product Liability]]></category>

		<guid isPermaLink="false">http://www.coloradolaw.net/blog/?p=857</guid>
		<description><![CDATA[<p>More than <a href="http://www.aaaai.org/media/statistics/asthma-statistics.asp">34 million people</a> in the United States suffer from asthma. Many of them <a href="http://www.cdc.gov/asthma/children.htm">are children</a>. They depend on inhalers to help them breathe every day. If something goes wrong with an inhaler, an asthma sufferer may only have seconds before their airways close completely, and they&#8217;re unable to breathe at all. If a person goes too long without breathing, they will suffer prolonged oxygen deprivation, which can lead to serious health problems, including brain damage, and even death. That&#8217;s what makes an asthma medication recall so frightening.<br />
<!--more--><br />
The Ritedose Corporation is currently in the process of <a href="http://news.yahoo.com/s/ac/20110104/us_ac/7522164_albuterol_sulfate_recalled_for_mislabeled_dosage_bottles">voluntarily recalling</a> 0.083% Albuterol Sulfate Inhalation Solution, 3 mL in 25-, 30-, and 60-unit dose vials. This recall is different from a <a href="http://www.coloradolaw.net/html/defective-drugs.html">defective drug recall</a> in that there&#8217;s nothing wrong with the drug itself. The problem is that the asthma medication was mislabeled. Certain single-use vials contained 2.5 mg/3 mL, meaning 2.5 milligrams of the drug per 3 milliliters of solution.</p>
<p>The vials affected by the recall were labeled with a concentration of 0.5 mg/3 mL. As such, doctors could prescribe that patients use the inhaler more often, thereby administering too much of the drug, perhaps even overdosing, inducing albuterol toxicity.</p>
<p>Albuterol toxicity brings on conditions and symptoms such as dizziness, headache, tremors, and nervousness. More serious symptoms include seizures, high blood pressure, <a href="http://www.nlm.nih.gov/medlineplus/angina.html">angina</a> (chest pain brought on by a lack of oxygen-rich blood in the heart), low potassium levels, and a rapid heart rate, possibly reaching 200 beats per minute.</p>
<p>If you, your child, or anyone in your family uses an albuterol inhaler, please check the drug vials in your possession to ensure they are not included in the recall. The FDA has published a <a href="http://www.fda.gov/Safety/MedWatch/SafetyInformation/SafetyAlertsforHumanMedicalProducts/ucm238624.htm">list of lot numbers</a> of the recalled asthma medication. If you find your medication is labeled with any of those lot numbers, return it immediately to where you purchased or received it, whether a pharmacy or doctor&#8217;s office.</p>
<p>If you notice any of the albuterol toxicity symptoms, contact your doctor immediately. Depending on how much damage is done, or how ill the patient becomes, you may also be entitled to compensation. We hope that doesn&#8217;t happen, but if it does, please contact Bachus &amp; Schanker for a free consultation with a <a href="http://www.coloradolaw.net/html/product-liability.html">product liability lawyer</a>.</p>
]]></description>
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		<title>The Dangers of Icy Roads</title>
		<link>http://www.coloradolaw.net/blog/motor-vehicle-accidents/dangers-of-icy-roads-866846/</link>
		<comments>http://www.coloradolaw.net/blog/motor-vehicle-accidents/dangers-of-icy-roads-866846/#comments</comments>
		<pubDate>Wed, 05 Jan 2011 15:49:05 +0000</pubDate>
		<dc:creator>rhea</dc:creator>
				<category><![CDATA[Motor Vehicle Accidents]]></category>

		<guid isPermaLink="false">http://www.coloradolaw.net/blog/?p=846</guid>
		<description><![CDATA[<p>Barely a week into 2011, ice is causing dangerous conditions on Colorado roads, unfortunately resulting in <a href="http://www.coloradolaw.net/html/auto.html">car accidents</a>, and at least one fatality. Samantha Gaunt, a 17-year-old resident of Canon City, was killed on January 2, when her car <a href="http://www.canoncitydailyrecord.com/Top-Story.asp?ID=15569">hit an icy patch</a> on the road, and collided with a tree. Gaunt died instantly of head and neck injuries. Roads are more dangerous this time of year, even when there&#8217;s no snow on the ground. When temperatures drop, moisture on the roadways will freeze, causing the phenomenon known as &#8220;black ice.&#8221; The sheet of ice is so thin on the asphalt that it&#8217;s transparent, and in many case, unseen by drivers until it&#8217;s too late. There are some things you can do to avoid the dangers of icy roads.<br />
<!--more--></p>
<h4>Maintain Your Vehicle Properly</h4>
<p>This goes for any time of year, but especially when it&#8217;s icy or there&#8217;s an increased probability of snow, it&#8217;s imperative that your brakes work properly, and that your tires are in good condition. If the weather isn&#8217;t bad enough to require chains on the tires, the tread should at least <a href="http://www.consumerreports.org/cro/cars/tires-auto-parts/tires/how-safe-are-worn-tires/overview/">be deep enough</a> to keep from sliding on snow and ice. Also make sure you keep an ice scraper in your car, and that defrosters are in good working order to maintain visibility.</p>
<h4>Obey the Speed Limit</h4>
<p>In fact, you may even want to drive a few miles under the <a href="http://www.iihs.org/laws/speedlimits.aspx">posted speed limit</a> when there&#8217;s a danger of ice on the roads. Driving more slowly gives you more reaction time should your car hit an icy patch. Even if you&#8217;re the only driver on the road, there is still a danger of running into trees, telephone poles, and even buildings if you&#8217;re going too fast. It may take you longer to get where you&#8217;re going, but avoiding a car accident and getting there are the important things.</p>
<h4>Brake Gently and Early</h4>
<p>When approaching intersections or turns, begin applying the brakes further out than you normally would. Avoid slamming on the brakes. This just increases the probability and danger of skidding on the ice and colliding with something, or someone.</p>
<h4>Turn Into the Skid</h4>
<p>If your car does start to skid on the road, try to stay calm, and remember to <a href="http://www.edmunds.com/how-to/how-to-drive-in-the-snow.html">turn into the skid</a>. Depending on whether you have a front- or rear-wheel-drive vehicle, you will have to either brake or accelerate gently.</p>
<h4>Don&#8217;t Use Cruise Control</h4>
<p>Retain as much control over your vehicle and its acceleration as possible when roads are icy. Sometimes simply taking your foot off the gas pedal</p>
]]></description>
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		<title>Avalanche Dangers For Skiers and Snowboarders in Backcountry</title>
		<link>http://www.coloradolaw.net/blog/safety/avalanche-dangers-for-skiers-and-snowboarders-in-backcountry-866840/</link>
		<comments>http://www.coloradolaw.net/blog/safety/avalanche-dangers-for-skiers-and-snowboarders-in-backcountry-866840/#comments</comments>
		<pubDate>Wed, 29 Dec 2010 19:09:01 +0000</pubDate>
		<dc:creator>rhea</dc:creator>
				<category><![CDATA[Safety Information]]></category>
		<category><![CDATA[avalanche]]></category>
		<category><![CDATA[natural disasters]]></category>
		<category><![CDATA[skiing]]></category>
		<category><![CDATA[snowboarding]]></category>
		<category><![CDATA[winter safety]]></category>

		<guid isPermaLink="false">http://www.coloradolaw.net/blog/?p=840</guid>
		<description><![CDATA[<p>Colorado has already seen <a href="http://www.kktv.com/home/headlines/1_Dead_1_Injured_In_Dry_Gulch_Avalanche_111359044.html">one death this year</a> as a result of an avalanche. On December 5, two men were skiing in Dry Gulch when an avalanche was triggered around one o&#8217;clock in the afternoon. Both men were buried, but 31-year-old Justin Latici was able to dig himself out. He searched for his friend, 32-year-old Kyle Shellberg, but by the time he found him, it was too late. Latici administered CPR until help arrived, but Shellberg never regained consciousness. Could this tragedy have been prevented?</p>
<p><!--more--></p>
<p>It would be easy to say that perhaps these two skiers were unprepared for the dangers present in the Backcountry. The truth is, they took several precautions before venturing into the wilderness. They checked the <a href="http://avalanche.state.co.us/index.php">avalanche forecast</a>, which didn&#8217;t report any immediate danger. They took equipment with them, including probes, shovels, location beacons, and <a href="http://www.backcountry.com/black-diamond-avalung-ii">AvaLungs</a>. And they had both ski patrolled at Loveland Basin for a few years. Few people could have been more prepared than Latici and Shellberg were.</p>
<p>Sadly, it&#8217;s just impossible to predict when and where an avalanche may occur, and what might trigger it. If you decide to ski or snowboard in the Backcountry, be sure to take the following precautions. They truly may save your life.</p>
<ul>
<li>Read the information about <a href="http://nsidc.org/snow/avalanche/">avalanche awareness</a> provided by the National Snow and Ice Data Center.</li>
<li>Check the Colorado Avalanche Information Center (CAIC) for current avalanche forecasts and conditions before setting out.</li>
<li>Take the proper <a href="http://backcountrysafety.com/">avalanche safety gear</a> with you.</li>
<li>Avoid going out alone. Being in a group of at least two or more increases your chances of surviving an avalanche.</li>
</ul>
<p>Aside from the danger of an avalanche, remember to adhere to the usual safety precautions for skiing and snowboarding as well. Review <a href="http://www.coloradolaw.net/blog/brain-and-head-injuries/colorado-skiing-and-snowboarding-safety-tips-866515/">Colorado skiing and snowboarding safety tips</a> before you go. And if you fall and hit your head while skiing, even if no injury is apparent, consider seeking medical attention. Actress <a href="http://www.coloradolaw.net/blog/misc/minor-head-injury-ends-in-death-of-actress-natasha-richardson-866155/">Natasha Richardson</a> fell during a skiing lesson, and showed no indication of injury. Approximately an hour later, she died of a head injury.</p>
<p>Finally, just use some common sense. Stick to established trails, and don&#8217;t go out when bad weather is expected. Nature is unpredictable, but the more prepared you are, the safer you&#8217;ll be.</p>
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		<title>Drop-Side Cribs Banned; Crib Safety Standards Updated</title>
		<link>http://www.coloradolaw.net/blog/product-liability/drop-side-cribs-banned-crib-safety-standards-updated-866835/</link>
		<comments>http://www.coloradolaw.net/blog/product-liability/drop-side-cribs-banned-crib-safety-standards-updated-866835/#comments</comments>
		<pubDate>Wed, 22 Dec 2010 19:37:40 +0000</pubDate>
		<dc:creator>rhea</dc:creator>
				<category><![CDATA[Product Liability]]></category>
		<category><![CDATA[child safety]]></category>
		<category><![CDATA[drop-side cribs]]></category>

		<guid isPermaLink="false">http://www.coloradolaw.net/blog/?p=835</guid>
		<description><![CDATA[<p>Just one year after the largest crib recall in United States history, the baby item at issue &#8212; the drop-side crib &#8212; has now been banned. The <a href="http://www.cpsc.gov/CPSCPUB/PREREL/prhtml11/11074.html">Consumer Product Safety Commission</a> (CPSC), a government agency tasked with ensuring the safety of consumer products, announced late last week that it would institute a nationwide ban on the manufacture of drop-side cribs. The decision comes after several infants were injured, and others were killed by cribs of this design. In addition, the CPSC voted to update crib safety standards after more than 30 years without change.</p>
<p><!--more--></p>
<p>Drop-side cribs have one side that can be lowered, allowing parents to pick up their children more easily than having to reach down into a fixed-side crib. The side can then be raised to keep the child secure. In November 2009, <a href="http://www.msnbc.msn.com/id/34116399/ns/health-kids_and_parenting/">more than 2.1 million</a> drop-side cribs produced by Stork Craft Manufacturing were recalled after reports surfaced of four infants suffocating in drop-side cribs when their heads became lodged between the drop-side and the crib mattress.</p>
<p>The problem with the recalled cribs was traced to the hardware which could break too easily with regular movement of the drop-side, or because of errors in assembly made by crib owners. In addition, because an entire side of the crib is mobile, the structural integrity of the crib as a whole is compromised, creating a dangerous environment for the child placed inside the crib.</p>
<p>After evaluating last year&#8217;s recall, and the findings of studies performed to determine why the cribs were failing, the CPSC voted unanimously to update crib safety standards. The new standards will prohibit the manufacture and sale of drop-side cribs.</p>
<p>Shockingly, crib safety standards in the United States have not been updated for nearly 30 years. It&#8217;s unfortunate that it&#8217;s taken the deaths of several infants to bring about an examination of safety standards, but this is often the case when <a href="http://www.coloradolaw.net/html/recalls.html">defective child products</a> are recalled, as millions of <a href="http://www.coloradolaw.net/blog/recalls/graco-stroller-recall-866780/">Graco strollers</a> were in October 2010. More than 13,000 <a href="http://www.coloradolaw.net/news/evenflo-seat-recall.html">Evenflo car seats</a> were also recently recalled because of a manufacturer defect.</p>
<p>The new crib safety standards will not make it illegal to own drop-side cribs, only to manufacture or sell them. The sale ban extends to second-hand cribs sold on sites such as eBay and Craigslist. <a href="http://www.coloradolaw.net/blog/safety/the-danger-of-used-baby-items-866815/">Used baby items</a> present an entirely separate safety issue as well. For the safety of your baby, if you do own a drop-side crib, find out how to <a href="http://www.cpsc.gov/info/cribs/index.html">make it safe to use</a>. Better yet, replace it with a crib that has no moving parts. It may cost you a little money, but your child&#8217;s safety is invaluable.</p>
<p>If your child has been injured by a drop-side crib, or by any other defective child product, you may be entitled to compensation. Contact Bachus &amp; Schanker for a <a href="http://www.coloradolaw.net/html/contact.html">free consultation</a>.</p>
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		<title>Colorado DUI Fatalities Report</title>
		<link>http://www.coloradolaw.net/blog/drunk-driving/colorado-dui-fatalities-report-866830/</link>
		<comments>http://www.coloradolaw.net/blog/drunk-driving/colorado-dui-fatalities-report-866830/#comments</comments>
		<pubDate>Thu, 16 Dec 2010 19:43:24 +0000</pubDate>
		<dc:creator>rhea</dc:creator>
				<category><![CDATA[Drunk Driving]]></category>
		<category><![CDATA[dui]]></category>
		<category><![CDATA[dui fatalities]]></category>
		<category><![CDATA[Jefferson county]]></category>

		<guid isPermaLink="false">http://www.coloradolaw.net/blog/?p=830</guid>
		<description><![CDATA[<p>After analyzing traffic statistics compiled by The Colorado Department of Transportation (CDOT), The National Highway Traffic Safety Administration (NHTSA), Bachus &amp; Schanker created a detailed report on <a href="http://www.coloradolaw.net/news/colorado-dui-fatalities.html">DUI fatalities</a> in the state. The report covers the period from 2005 to 2009, and contains some good news. Unfortunately, it&#8217;s counterbalanced by some bad news about alcohol-related traffic fatalities.</p>
<p><!--more--></p>
<p>Alcohol-related deaths in the state have steadily declined since 2005. From 2008 to 2009 alone, overall traffic deaths decreased by 17.8 percent while alcohol-related traffic deaths decreased by 8 percent. This is thanks, in part, to drunk driving awareness programs like <a href="http://www.coloradolaw.net/blog/drunk-driving/madd-2010-tie-one-on-for-safety-program-866818/">Tie One On For Safety</a>, administered by Mothers Against Drunk Driving (MADD), an organization Bachus &amp; Schanker is proud to support.</p>
<p>The statistics also revealed some alarming trends. While counties such as Yuma, Jackson, and Rio Blanco saw a significant decline in alcohol-related fatalities from 2008 to 2009, Fremont, Mesa, and Larimer counties had a 100 percent increase in fatalities where alcohol-impaired drivers were involved.</p>
<p>Particularly disturbing, though, was the number of traffic deaths in Jefferson County from 2005 to 2009. With 84 traffic deaths, it is the deadliest county in the state. On a positive note, however, during that same period, the number of alcohol-related traffic deaths in Jefferson County decreased by 67 percent. And from 2008 to 2009, the number dropped by 47 percent.</p>
<p>The report also reveals some interesting facts about drinking and driving victims. According to the Fatality Analysis Reporting System (FARS), a part of the <a href="http://www.nhtsa.gov/">NHTSA</a>, in 2009, more than 75 percent of traffic deaths involving alcohol-impaired drivers occurred at night. In addition, men are four times more likely to die in accidents with drunk drivers.</p>
<p>The state of Colorado should be very proud that the number of DUI fatalities continues to decrease over time. However, some counties still have some work to do. Until <a href="http://www.coloradolaw.net/html/drunk-driving.html">drunk driving</a> is completely eradicated, Bachus &amp; Schanker is here to help if you or a loved one is injured in a car accident with a drunk driver.</p>
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		<title>Proposed &#x201c;Driving While Stoned&#x201d;</title>
		<link>http://www.coloradolaw.net/blog/misc/proposed-driving-while-stoned-limit-866826/</link>
		<comments>http://www.coloradolaw.net/blog/misc/proposed-driving-while-stoned-limit-866826/#comments</comments>
		<pubDate>Thu, 09 Dec 2010 19:07:22 +0000</pubDate>
		<dc:creator>rhea</dc:creator>
				<category><![CDATA[Miscellaneous]]></category>
		<category><![CDATA[impaired driving]]></category>
		<category><![CDATA[legislation]]></category>
		<category><![CDATA[marijuana]]></category>

		<guid isPermaLink="false">http://www.coloradolaw.net/blog/?p=826</guid>
		<description><![CDATA[<p>Colorado is in the middle of a drug war. This past November, the continued legal operation of medical marijuana was on ballots across the state. In the minds of many Coloradoans, complete legalization isn&#8217;t too far behind, and some proponents are preparing a campaign to pursue that in 2012. As a result of continued debate over legalizing marijuana &#8212; medical and otherwise &#8212; and the effects it has on the body, a state lawmaker is now proposing legislation <a href="http://www.thedenverchannel.com/news/26027801/detail.html">that would implement</a> &#8220;driving while stoned&#8221; limitations.</p>
<p><!--more--></p>
<p>According to the National Institute on Drug Abuse (NIDA), marijuana, also called cannabis or pot, can have <a href="http://drugabuse.gov/infofacts/marijuana.html">some of the same effects</a> on the brain and body that alcohol does. The active chemical cannabis is delta-9-tetrahydrocannabinol, also known as THC. When marijuana is smoked, THC passes quickly from the lungs to the bloodstream, and is then carried to the brain, and other organs in the body.</p>
<p>Once THC reaches the brain, it induces marijuana intoxication, or the &#8220;high&#8221; that is the goal for many who smoke pot. Similar to alcohol intoxication, marijuana can cause impaired coordination, difficulty thinking, impaired problem solving, and distorted perceptions. Studies have shown that chronic users may suffer from the negative effects on learning and memory for days, or even weeks after actually using the drug. Because of this, people who smoke pot on a daily basis may not function at optimal levels.</p>
<p>This is a concern for many people who say that too-high levels of THC in the body can impair a person&#8217;s ability to operate a motor vehicle. Some feel that driving while stoned is tantamount to <a href="http://www.coloradolaw.net/html/drunk-driving.html">drunk driving</a>, and puts not just the driver, but everyone else on the road in danger.</p>
<p>Under current law, drivers who are stopped on suspicion of being impaired by alcohol, marijuana, or other drugs must submit to a blood test, or have their license suspended. While there is a <a href="http://www.colorado.edu/alcohol/students/laws.html">legal limit</a> for alcohol intoxication, there is not any standard for marijuana intoxication. The proposed legislation would create that standard, and allow law enforcement officers to better gauge whether someone is too impaired to drive if they are under the influence of marijuana. In addition, it would make it easier to determine fault in a <a href="http://www.coloradolaw.net/html/auto.html">car accident</a> if marijuana is involved.</p>
<p>As you might expect, those in favor of legalizing marijuana are not very happy about the proposed driving while stoned limitations. Conversely, law enforcement officials would welcome the change. Arapahoe County Sheriff Grayson Robinson says current statistics show that some form of marijuana appears in eight percent of all <a href="http://www.coloradolaw.net/news/colorado-dui-fatalities.html">accidents involving impaired drivers</a> killed in Colorado.</p>
<p>Colorado still has a way to go before the issues surrounding the legalization of marijuana, and its potential effects on drivers, are resolved.</p>
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