Denver Legal Malpractice Blog

Don’t ignore these warning signs of drowsy driving

You're driving down the road, and then something happens. Your eyelids feel heavy, your head nods and your mind begins to wander. It's scary to think that you could fall asleep while driving, but it's a major problem throughout the country.

According to a poll conducted by the National Sleep Foundation, approximately 60 percent of Americans have operated a motor vehicle while feeling drowsy over the past year. Even worse, 37 percent of drivers admitted to falling asleep while driving.

Common forms of legal malpractice

When you hire an attorney, you do so with the idea that they'll provide guidance throughout the duration of your case. Unfortunately, just the same as any other type of professional, attorneys can and do make mistakes from time to time.

There's a difference between an attorney making a mistake that's easily corrected and legal malpractice. For example, a minor error may not have any impact on the final outcome of your case, such as if you're seeking compensation after a motor vehicle accident.

These 7 causes of distracted driving are very common

As a driver, you can only control what happens inside your vehicle. It's important that you never give in to distractions, as doing so means you're not focused on what's happening around you.

There are many causes of distracted driving, all of which can cause an accident. However, these seven are among the most common:

  • Texting: When you're texting, you don't have your hands on the wheel, and you're not watching the road ahead.
  • Talking on the phone: It may not be as dangerous as texting, but it can still cause you to lose your focus.
  • Daydreaming: If you're thinking about anything other than driving and your safety, you're daydreaming.
  • Passengers: It's okay to have passengers in your vehicle, but you shouldn't let them become a distraction.
  • Reaching for an object: From a map to a toy for your child, you should never reach for any object in your vehicle while you're in motion.
  • Adjusting vehicle controls: Modern vehicles have more controls than ever before, such as those for audio and climate systems.
  • Eating or drinking: Doing either of these things while driving may help save you time, but it also increases the risk of an accident.

Criminal defense basics: The “I Didn't Do It Defense”

When someone is accused of a crime, he or she will always have the legal right to defend against the charges in court. Of course, deciding how to defend against the charges will depend on (1) the nature of the charges, (2) the strength of the evidence being used against the defendant and (3) the potential punishments in the event of a conviction.

Depending on the circumstances, some defendants will choose to deny the charges and use an "I didn't do it" style of defense. Here are three ways to say you didn't commit the crime:

Good response times are essential for quality attorneys

If your attorney is not returning your calls and doesn't respond to you in good time, you may feel as if you're being pushed aside. For that reason, it's normal for attorneys to have rules about response times. Usually, in your contract, it will give some indication about response times you can expect. Even if it's not in your contract, you should ask and find out typical response times.

If the attorney is not responding within the agreed terms or you've called several times without a response, then there may be a case for a legal malpractice lawsuit. However, before you do that, it's a good idea to try a few other ways to get into contact. That way, you can show that you did all you could do to get in touch and address the situation. This helps you support your case in court.

How do you know if you have a 'good' personal injury case?

The first thing every plaintiff wants to know when meeting with a personal injury attorney is: "Do I have a case?" The second thing they want to know is: "How much is my case worth." Unfortunately, your personal injury lawyer, if he or she is a lawful practitioner, will not be able to give you a clear answer to these questions. That's because a clear answer simply doesn't exist.

No one has a crystal ball they can use to predict all future outcomes related to your potential personal injury case. In fact, the only thing an attorney can tell you with any certainty is, "Yes, you have some viable causes of action to assert and your factual circumstance warrants the filing of a lawsuit." Beyond that, the attorney will not know all of the facts until you begin the litigation process. Here's why:

I have whiplash injury: Can I pursue a lawsuit?

We've all seen the archetypical image of a man or woman in court with a serious neck injury. There is usually a puffy white brace wrapped around the neck in these images because the individual is suffering from whiplash.

This injury happens when the head whips around, tearing and straining vital tissues. The victim could suffer from pain, discomfort and headaches for weeks and even months after the collision.

The 3 elements of a breach of fiduciary duty in legal malpractice

Many professional relationships involve a fiduciary obligation on the part of one individual performing a service for another. The fiduciary obligation requires the person who is giving the service to act in the best interests of the client or give advice and recommendations in the best interest of the client. When the fiduciary acts in a way that hurts the client -- and especially when it is done to benefit or enrich the service provider -- a breach of fiduciary duty has likely occurred.

From the perspective of an attorney-client relationship, breach of fiduciary duty is a common issue that comes up in the litigation of a legal malpractice claim. Let's take a look at the three most important elements required to establish that a breach of fiduciary duty has occurred between a lawyer and his or her client:

Takata air bag recalls never seem to end

If you thought we were done with the Takata air bag inflator recalls, you were wrong. Ford surprised the world by issuing a recall notice for an additional 953,000 cars in the United States and Canada. These vehicles have the same problem that millions of other recalled vehicles had relating to Takata air bags: The inflation devices are prone to exploding like little bombs in the passenger compartments of the vehicles.

You heard right: These dangerous air bag inflators explode like a grenade, shooting metal fragments throughout the interior of the affected vehicle. So far, 23 people have lost their lives around the world because of these defective devices, which can explode even in minor accidents. The problem is caused by an explosive element used in the inflation process, which can become more volatile in hot and humid weather. After prolonged exposure to this kind of weather, these cars turn into ticking time bombs for the occupants inside them.

5,400 Mercedes recalled for due to a seat belt detector problem

One of the benefits of buying a new luxury vehicle like a Mercedes-Benz is that it will be equipped with many cutting-edge safety features. These features could save you and your family members' lives, so they provide an enormous sense of peace of mind while navigating traffic. The problem is, from time to time, new safety features are also prone to having serious defects that inhibit their use.

Just think of the Takata air bag fiasco in recent years that led to millions of affected cars being recalled all over the wold. In the Takata recalls, the very devices intended to save people's lives -- air bags -- were exploding and killing them.

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Denver Legal Malpractice Blog | The Viorst Law Offices, P.C.