Distracted driving plagues city streets, highways, and interstates all across the United States. It is a dangerous activity that is responsible for many accidents every year. These accidents injure hundreds of thousands of people and are responsible for thousands of fatalities. In fact, the Centers for Disease Control and Prevention estimate that more than 9 people die every day in distracted driving accidents on U.S. roads.
Distraction can take many forms. Many people automatically think of texting or any use of a cell phone when they hear the term distracted driving. The reality, however, is that distractions can include adjusting the radio, eating, drinking, talking to passengers, shaving or applying makeup while driving.
All drivers have a legal duty to exercise care when operating a motor vehicle. This means that everyone must drive in the manner that a reasonable person would in the same situation. Anytime a driver fails in this duty and inflicts injury on others, those victims have the right to sue the driver for negligence. Which brings us to the connection between distracted driving and wrongful death claims.
Losing a loved one so suddenly and violently is a traumatic event. Although nothing can bring their loved one back, laws have been established to help compensate aggrieved families.
Because no reasonably acting person would drive while distracted, any evidence showing that a driver was distracted can be used to demonstrate negligence. Once the authorities have determined that negligence was a factor in the collision, the concept of wrongful death becomes plausible.
A wrongful death claim is a civil lawsuit filed against the negligent party by a surviving family member. In Colorado, there are restrictions on who can file a wrongful death claim and when they can do so.
In the first year after the death, the surviving spouse is the only one who can file a wrongful death claim. Both the surviving spouse and surviving children may file a claim in the second year following the death. The decedent’s parents may file a wrongful death claim if there is no surviving spouse or children.
A representative of the decedent’s estate is also eligible to file a claim for damages for certain kinds of losses to the estate. This “survival action” can be made in addition to a family member’s wrongful death claim.
In a Colorado wrongful death claim, family members may be able to recover monetary damages for losses including:
If someone you love has been killed by a distracted driver in a car accident in Broomfield, Northglenn, Westminster, Thornton, or anywhere in Colorado, it is important to contact our experienced wrongful death attorneys immediately. At Hull & Zimmerman, P.C., our committed wrongful death lawyers are dedicated to the belief that everyone deserves justice. Contact us at (303) 423-1770 or (866) 385-3505.
Our wrongful death lawyers have extensive experience representing injured accident victims in Broomfield, Arvada, Superior, Lafayette, Louisville, Erie, Brighton, Commerce City, Northglenn, Westminster, Thornton, Longmont, and throughout Colorado.
At Hull & Zimmerman, P.C., we are honored to help accident victims in their time of need, and take our responsibility as personal injury lawyers incredibly seriously. We know how important it is for victims to secure the full and fair compensation they need following a serious accident, and that is why we take a hands-on, personalized approach to every case we handle.
awarded to a woman who was a victim of a car crash. The woman was driving the highway when the other driver approaching from the opposite direction lost control of his vehicle, crossed the center line and hit her head on. She suffered multiple broken bones, including her hip, pelvis, leg, and right arm. She missed several years of work as a result of her injuries. Read More
awarded to a woman who was the victim of a t-bone car crash. The client suffered multiple injuries. The most significant of which was a head injury. While she was ultimately able to return to work on a part-time basis, Plaintiff was never able to return to work on a full-time basis. Read More
settlement awarded to a lady who suffered a head injury. She slipped and fell in a slanted parking lot at her place of employment. Evidence demonstrated that the owner of the building had constructed a fence shading the parking lot such that ice was allowed to continuously accumulate during the winter months. Multiple people had fallen on the ice prior to the client’s fall. As a result of her injuries, Plaintiff was forced to take early retirement. Read More
awarded to a man whose vehicle was hit from behind by a semi. The injured party suffered back pain and rotator cuff tears in each shoulder and was forced to retire from his job doing road repair four years earlier. Read More
settlement (policy limits) awarded to a young man who lost his eye when another child shot an arrow into the air. Read More
settlement obtained for a man who was injured in a rear end automobile accident. He suffered a herniated disc in his low back which was not well resolved by surgery forcing him to leave his employment as an apartment maintenance manager. Read More
awarded to a gentleman in association with a workman’s compensation case. He initially sustained a head injury at work when attacked by a patient. Several years later, his condition worsened resulting in his inability to return to work in his usual job. Read More
settlement achieved in a legal malpractice case. The client initially suffered a herniated disc in her neck in association with an automobile accident. The attorney failed to file the lawsuit in a timely manner and the Plaintiff was initially denied her ability to achieve any monies from the original lawsuit. Read More
settlement awarded to a man who was a victim of an automobile accident. Plaintiff was a passenger who was rear-ended by another driver. Following the accident, he suffered a long term back injury. Read More
settlement awarded to a lady who aggravated a pre-existing back condition when she slipped and fell at the entrance to a casino. Read More
awarded to a woman who suffered a rotator cuff tear from an automobile accident. Read More