Denver Legal Malpractice Blog

Simple ways to prevent texting and driving

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Wednesday, August 21, 2019.

No matter who you are, there's a good chance you've been tempted to text and drive. Furthermore, you've likely made this mistake in the past.

There are a variety of ways to prevent texting and driving, with the following among the most common:

Put your phone away: If your phone is within reach, such as in the cup holder or your pocket, you may find yourself grabbing for it. This is particularly true if you hear a text come in. However, if your phone is in the glove box or trunk, this isn't nearly as big of a concern.
Turn it off: When your phone is off, there's no way of knowing if someone has sent you a text. Conversely, you won't be tempted to pick up your phone to read it.
Block incoming texts: If you're not interested in turning off your phone, download an app that blocks incoming texts (and calls). You can turn it off and check for messages when you stop your vehicle.
Mount it on the dashboard: If you plan on using your phone for directions, mount it on your dashboard or windshield. Never keep it in your hands, as this will cause you to look down.

What’s the best first aid treatment of a deep laceration?

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Wednesday, August 14, 2019.

Many types of accidents can result in many types of injuries. For example, deep lacerations are common in motor vehicle accidents.

If you suffer a deep laceration, it's critical to receive immediate medical care. However, there are things you can do from a first aid perspective to help your cause.

Common types of police misconduct

On behalf of The Viorst Law Offices, P.C. on Monday, August 12, 2019.

While most police officers take great pride in doing the right thing at all times, this doesn't always hold true. Police misconduct can come into play at any point, thus putting you in a difficult situation.

Understanding the most common types of police misconduct can help you protect yourself and legal rights. Here are three common examples:

Illegal search and seizure: This is one of the most common ways in which police abuse their power. If an officer partakes in illegal search and seizure, it could result in your arrest. It also means that your Forth Amendment rights were violated. Fortunately, if this is the case, you'll have a strong defense strategy to protect your legal rights.
Excessive force: Yes, there are times when police must use force to disarm a person or calm down a situation. However, there's a difference between force and excessive force. For example, if an officer hits a suspect with a police baton for no reason, it's considered excessive and unnecessary force.
Misuse of their power: It goes without saying that police officers have a lot of power. Unfortunately, there are times when they use this power for their own private gain. Subsequently, it can result in your legal rights being violated. A common example of misuse of position or power is asking a suspect for cash in exchange for letting them go.

3 tips for safe driving on a long trip

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Wednesday, August 7, 2019.

As you prepare for an extended trip in your vehicle, it's critical to think long and hard about your safety. Neglecting to do so increases the risk of an accident.

Here are three safety tips you must follow when taking a long trip in your car:

Get enough sleep before departing: Drowsy driving is responsible for thousands of accidents, injuries and deaths every year. Stock your sleep time before hitting the road, as this helps protect against becoming drowsy. Also, if you find yourself getting sleepy, take a break.
Make regular stops: There are many benefits of making stops, such as the ability to stretch and give your mind time to rest. Also, you can safely rehydrate and eat when your vehicle is stopped.
Avoid distractions: The longer you're behind the wheel, the more likely you are to seek out distractions to pass the time. This commonly includes texting friends, conversing with passengers, scanning the radio for your favorite song, eating and drinking. If you find yourself becoming distracted, move to safety.

What to do if you spot a reckless driver

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Thursday, August 1, 2019.

Even if you take great pride in driving safely, you never know when you'll be sharing the road with a reckless driver.

If you spot a reckless driver, there are several key steps to take:

Move out of the way: The more distance between you and the reckless driver, the better chance you have of avoiding trouble. For example, if this person is following you closely on the highway, move to the far right lane and let them pass.
Don't take matters into your own hands: There's never a good time to act as a police officer. You shouldn't yell at the reckless driver, use hand signals or attempt to pull them to the side of the road.
Call 911: If you see someone driving recklessly, call 911 and explain what's happening. Provide as much information as possible, such as your location, make and model of the vehicle, color of the vehicle and license plate number. You should only call 911 if the person is acting dangerously.

Challenges in a police brutality case

On behalf of The Viorst Law Offices, P.C. on Monday, July 29, 2019.

If you believe that you have been a victim of police brutality, you will likely have been through a traumatic experience, and you may have suffered damages as a result. If you want to take action to assert your rights in Colorado and get justice, it is important that you understand how the law uniquely deals with cases of alleged police brutality.

Police officers have authority when interacting with civilians, and this is part of the reason why allegations of police brutality can be particularly challenging. By focusing on addressing the inherent challenges in a police brutality case, you will be better equipped to make a convincing argument.

First aid tips for head trauma

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Tuesday, July 23, 2019.

While many head trauma injuries are minor, others require immediate medical attention. Neglecting to treat an injury in the appropriate manner can result in additional damage and even death.

There are a variety of symptoms associated with serious head trauma. They include the following:

Severe headache
Facial bleeding
Confusion
Loss of balance
Loss of consciousness
Slurred speech
Seizures
Inability to use an arm and/or leg

What should you do after a parking lot car accident?

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

Safely navigating parking lots in your vehicle is easier said than done. Even if you're taking extra caution to prevent an accident, not all drivers will do the same.

Here are some steps to follow if you're part of a parking lot car accident:

Stay where you are: Unless absolutely necessary, leave your vehicle where it is. This makes it easier for the responding officer to get a clear idea of what happened.
Check for injuries: Thoroughly check yourself and passengers for injuries, and administer first aid if necessary.
Call for help: It's imperative to call 911, as the dispatcher can send police and an ambulance to the scene. Let them know if you or anyone else has been seriously injured.
Exchange information: If possible, exchange insurance information with the other driver (or drivers).
Take photos: In addition to the scene itself, take photos of damage to your vehicle and your injuries.
Obtain witness contact information: If someone saw the accident, ask for their contact information. You can also check with the owner of the parking lot to see if they have surveillance footage they can share.

When your attorney makes a major mistake, you have options

On behalf of The Viorst Law Offices, P.C. on Monday, July 15, 2019.

Attorneys, like doctors, spend years in school to perfect their trade. They study complex legal concepts and learn how to argue cases in court, as well as how to proficiently negotiate on behalf of their clients. Because of all of the education involved, as well as the requirement to pass the bar exam, clients usually place a lot of trust in the attorneys they hire.

If you recently worked with an attorney, you probably chose them because they claim to know the area of law where you needed help. Unfortunately, attorneys can make mistakes that have dire consequences for the clients that hire them.

Broken bone first aid: What to do after a car accident

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Wednesday, July 10, 2019.

You can suffer a variety of injuries in a car accident, with broken bones among the most common. This injury requires immediate medical attention, as attempting to treat it on your own will only complicate your situation.

In addition to calling 911 to request emergency assistance, it's a good idea to administer first aid to the broken bone if possible. Here are some tips to follow:

Stop the bleeding: With a clean cloth or piece of clothing, apply gentle pressure to stop any bleeding.
Don't attempt to move the bone: Your first thought may be to push the bone back into your body or attempt to realign it. This is best left to a medical professional, as you could cause additional injury by doing so.
Immobilize the injury: For example, if you've broken your arm, create a sling out of a piece of clothing and remain still until help arrives.
Apply ice: If available, apply ice to limit swelling and relieve pain. It's best to wrap the ice in a towel, as opposed to applying directly to the skin.