Denver Legal Malpractice Blog

Do your best to avoid reckless driving

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Friday, January 24, 2020.

Even if you are a safe driver, it's easy to make a mistake when you're behind the wheel. And if that happens, you could cause an accident that harms you and many other people on the road.

There are many forms of reckless driving, including the following:

Excessive speeding: Any form of speeding is dangerous but doing so excessively has the potential to cause even more harm.
Racing: It sounds fun to race another vehicle, until you realize just how dangerous it is. Not to mention the fact that it can get you into a lot of trouble with the law.
Illegal passing: This takes on many forms, such as passing another vehicle on a two-lane road when the center line is solid. Or on the interstate, passing another vehicle in the right lane.
Failure to use your turn signals: It doesn't matter if you're making a turn or changing lanes, using your signals tells everyone around you what you're doing.
Improper merging: It's reckless to throw caution to the wind when merging onto the interstate, as it has the potential to cause a serious high-speed collision.

Questions to answer if you’re the victim of legal malpractice

On behalf of The Viorst Law Offices, P.C. on Wednesday, January 22, 2020.

When you hire an attorney, you assume that this person will do whatever it takes to provide you with high level legal services to help put your problem to rest once and for all. And while this typically happens, legal malpractice is not out of the question.

Legal malpractice is the result of an attorney failing to provide services that meet the standards and codes of professional conduct. Examples include but are not limited to:

Missing important deadlines
Conflict of interest
Commingling funds
Neglect

What should you do about an aggressive driver?

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Thursday, January 16, 2020.

An aggressive driver is one who is more likely to cause an accident. And even if that doesn't happen, this type of person doesn't make it enjoyable to be behind the wheel.

If you find yourself dealing with an aggressive driver, here are some steps you can take to protect yourself:

Remove yourself from the situation: Rather than stay in close proximity to the person, do your best to create distance between your two vehicles. For example, if you run into trouble on the highway, slow down so that the other driver can move up the road ahead.
Don't retaliate: Your first thought may be to retaliate, but this will just anger the person more. Take a deep breath, keep your eyes on the road and remove yourself from the situation as quickly as you can. Once you do this, you'll look back and be glad that you didn't retaliate.
Report the incident: Move to safety, call 911 and explain to the dispatcher what happened. This gets you away from the other person, while also helping protect other drivers. You don't have to report every incident of aggressive driving, but if it's serious you should consider doing so.

The penalties for a DUI conviction in Colorado are strict

On behalf of The Viorst Law Offices, P.C. posted in criminal defense on Friday, January 10, 2020.

Drinking and driving in any part of the country is a mistake, as it increases the risk of a serious accident. Just the same, if you're caught by police, it could result in a criminal conviction that turns your life upside down.

The penalties for a DUI conviction in Colorado are strict, so if you're charged with this crime, it's critical to devise a defense strategy to help reduce the impact on your life.

Get compensated fairly if you're hurt in a crash

On behalf of The Viorst Law Offices, P.C. on Tuesday, January 7, 2020.

When you were involved in a traffic accident, it all happened very suddenly. You didn't see the other driver coming toward you. You didn't notice that they'd blown through a red light or that they were traveling at a high speed in your direction. All you knew was that you felt a tremendous impact from your right side. The next thing you knew, everything went black.

Waking up days later from a medically induced coma, you realized that your life was going to be different. You couldn't speak normally and were paralized on one side of your body from the hip down. While things might have been worse, the reality is that you now have challenges in your life that you never expected in the past.

Rush hour driving safety tips

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Friday, January 3, 2020.

If you live in or around the Denver area, you know that rush hour traffic is nearly impossible to avoid. Even if you only have a short commute, you're likely to find yourself sitting in traffic at some point.

While it may be second nature to you at this point, it only takes one lapse in judgment to cause an accident. So, rather than take a risk, here are some safety tips you can follow:

Leave more space: When traffic is slow, it's natural to drive closely to other vehicles. However, the more space you leave, the more time you have to stop should you need to do so in a hurry. If three car lengths is good, four or five is better.
Change routes: Even if it takes you longer to reach your destination, another route may help you avoid the most trafficked roadways. Consequently, you'll feel better about avoiding an accident.
Stay in your lane: As you look for ways to save time, "chasing the fast lane" is common. Don't get into this habit, but instead choose your lane and stay put until it's time to exit.
Pay attention: Human minds have the tendency to wander when they're stuck in traffic. Don't let this happen to you. Make sure to always focus on the road, the drivers around you and the rules of the road.

Were your rights violated during a drunk driving stop?

On behalf of The Viorst Law Offices, P.C. on Saturday, December 28, 2019.

One of the most important aspects of law enforcement in Colorado and throughout the country is maintaining safe roads for drivers and passengers alike. Sadly, some police officers do not act ethically during drunk driving stops and may use methods that violate the rights of private individuals. Broadly speaking, law enforcement officers may not break the law in order to uphold the law.

If you recently received drunk driving charges after a traffic stop, it is important to understand your rights and identify any violations of those rights that occurred during your interaction. Building a strong legal defense helps ensure that your rights remain secure while you fight your charges and helps keep those rights protected for all individuals. The sooner that you begin building your defense, the more time that you have to use the strength of the law to keep your rights safe.

Steps to take as a hit-and-run victim

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Thursday, December 26, 2019.

If someone strikes your motor vehicle with theirs, you expect that they'll stop and exchange insurance information at the very least. However, some people don't do this. Instead, they flee the scene, even though it's illegal, as they don't want to get in trouble with the authorities or deal with the financial impact.

Here are some steps to take as the victim in a hit-and-run accident:

Call 911: Don't attempt to chase after the person, but instead call 911 to request help. If you're injured, the dispatcher can also send an ambulance to the scene.
Take notes: The person may not have stuck around, but you can still take notes to help police catch them. For example, write down the make, model and color of the vehicle. And if you can catch the license plate number, that'll really help.
Talk to witnesses: If anyone saw the accident or stopped to help, ask them for their contact information. This information may come in handy when dealing with your insurance company, especially if they have reason to question if you were at fault.
Review your insurance policy: When doing so, pay close attention to your uninsured motorist coverage, as this will kick in if the other person isn't found.

Signs that someone may be driving drunk

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Thursday, December 19, 2019.

As you drive down the road, you may notice that things aren't quite right with another driver. While there are many potential reasons for this, it's always possible that they could be under the influence of alcohol, drugs and/or prescription medication.

Here are some of the most common signs that a person is driving while intoxicated:

Weaving: When a person is drunk, they often find it difficult to keep their vehicle between the lane lines. Instead, they slowly weave in and out of their lane of travel.
Driving extremely slowly: Drunk drivers who realize they're intoxicated may slow down in an attempt to maintain their safety. But when they do this, they actually increase the risk of an accident.
Striking an object: This can include everything from a moving vehicle to a stationary vehicle to a traffic sign.
Erratic braking: For example, if a driver grabs their brakes time after time for no reason, they may be drunk.
Driving the wrong way on a one-way street: Not only is this a common sign of intoxication, but it's also one of the most dangerous things a driver can do. It has the potential to cause a serious head-on collision.

Do you understand the details of aggravated assault?

On behalf of The Viorst Law Offices, P.C. posted in criminal defense on Friday, December 13, 2019.

Assault, in its own right, is a serious crime with serious penalties. But when you step up to aggravated assault, the impact of a conviction can be even more widespread on your life.

In general terms, aggravated assault is an attempt to cause serious bodily harm to another individual. There are many factors that can raise charges from assault to aggravated assault, including but not limited to:

Intent
The use of a weapon
The type of injury caused
The status of the victim