Archive for the ‘Proposed Laws’ Category

New Auto Med-Pay Law in Colorado

Tuesday, March 26th, 2013

Governor Bill Ritter signed Senate Bill 011 into law earlier this month giving Colorado motorists access to a valuable avenue for paying for medical expenses in the event they are injured in an auto accident.

In the past four years since the legislature repealed the No-Fault Act (which previously required that you purchase medical insurance to cover your accident-related medical expenses) accident victims have found out all too late that they are unable to get medical treatment that they need after an accident.

Under the new law (now codified as C.R.S. Sec. 10-4-635, et. seq.) auto insurance companies must now offer $5,000 of medical payments (“med-pay”) coverage to Colorado policyholders. Those consumers who do not need this coverage are not forced to pay extra for benefits that they will not use – they can simply opt to decline such coverage much as they do for Uninsured and Underinsured Motorist coverage today.

However, most Colorado motorists would benefit from having this additional coverage added as a part of their auto insurance policies in some degree. The following guidelines should help you in determining how much Medical Payments coverage you should choose under your policy:

1. Drivers Without Health Insurance: If you do not currently have health insurance this auto med-pay coverage may be the only way you would be able to pay for your medical care after an auto accident – even if the accident was not your fault. Most doctors and medical providers will not see a patient if they do not have insurance unless it is a life or death emergency. If you are not covered by health insurance you absolutely should purchase med-pay coverage under your auto policy. In fact, I recommend that you purchase as much coverage as your auto carrier allows.

2. Drivers With Health Insurance That Excludes Coverage For Auto Accidents: In the last few years, health insurance companies have started to limit their responsibility for paying for accident-related medical care by excluding such coverage from their policy. This means that you will have to pay for accident related medical care out of your own pocket. Unfortunately, many people do not find out that they have such a policy until it is too late and they have already been injured in an accident. It is very important for you to read your policy and see if there is such an exclusion included. If so, you also need to purchase as much auto med-pay as possible.

3. Drivers With Large Deductible Health Insurance: Anyone whose health insurance does not step in and pay benefits until a high deductible threshold has been met should secure med-pay coverage to cover the out-of-pocket expenses or deductibles not paid by their health policy. For instance, many catastrophic health policies will not pay any of the first $10,000.00 in medical expenses incurred in an accident. These drivers should purchase enough coverage to cover this gap.

4. Drivers Whose Health Policies Limit Physical Therapy Coverage: Many group policies in Colorado limit the number of therapy visits that an insured can have for any one condition in a policy year. If your policy only allows 20 physical therapy visits each year, it may be helpful to have a small amount of med-pay coverage to ensure that additional therapy visits will not have to be paid out-of-pocket.

5. Drivers Who Want Zero Out-of-Pocket Liability: Even if you have a good health insurance policy with low deductibles – you can spend hundreds of dollars meeting your deductible or in co-pays. Med-pay coverage can help bridge this gap and make sure that you will not have any out-of-pocket liability.

Posted in Car Accidents, Insurance Issues, personal injury, Proposed Laws | No Comments »

Should the Legal Driving Age be raised?

Tuesday, March 26th, 2013

There is a big debate in Colorado now about raising the minimum age for a teen to get their driver’s license.

I certainly see how teenagers may be going into a complete panic about now with just the suggestion of this. Teenagers look forward to the degree of independence that being able to drive on their own allows. Their parents also look forward to being freed from the demands of being an on-demand shuttle service.

With this freedom, however, comes a high degree of responsibility and, unfortunately, many teens are simply not ready for the responsibility that comes with being able to get an unrestricted license at 16 years of age.

The fact is that a younger driver is much more likely to be in an accident in the first few years after getting their license than at any other time. Whether this is attributable to age and physical maturity or simply to lack of driving experience is debatable. However, there should be certain restrictions on a young driver’s driving privileges until both of these potential factors become, by the passing of time, less of an issue.

The main restriction I think should be in place is a rule prohibiting the use of cell phones by drivers under 18. Actually, I think that this should apply to all drivers but it is such an unpopular proposal that it would not pass. Apparently, we Americans think it is acceptable to have thousands of accident deaths a year as long as we can talk on the phone on the way home from work. In any event, I have seen too many accidents involving teens who were on the phone, or even texting, while driving. One tragic accident last year involved a teen driver who hit and killed a cyclist while texting behind the wheel.

Also, there should be a reasonable curfew for teen drivers. I do not think that there is any reason a teenager should be out on the road after 10:00 p.m. on a weeknight or after 11:00 on a weekend. If they are out after this time, it is highly likely that they will be engaging in reckless driving behavior that can lead to an accident.

Finally, we need to apply tougher penalties to younger drivers in the first few years that they have their license. Bad and reckless driving habits start early and our current system is far too lenient. If a teen driver is caught driving under the influence, or even with alcohol in their car, they should automatically lose their license for at least 2 years. If they have more than one speeding ticket in a 12-month period, the same penalty shall apply. I know this may seem harsh, but I am really tired of seeing the driving records from drivers who cause accidents and noticing that they started out as a bad driver and nothing was ever done to either push them towards safer habits or to take them off of the road.

We need to remember that driving is a privilege – not a right – and the government can restrict such privileges as it feels necessary to protect the general public. We as a society feel completely comfortable placing other restrictions on teenagers because we do not feel that the are mature enough to appreciate the consequences, such as alcohol use and voting, why should this be any different?

Posted in Car Accidents, Cell Phone Use While Driving, Distracted Driving, Proposed Laws, Teen Drivers | No Comments »

Colorado State Patrol Punishes Aggressive Driving Around Big Rigs

Wednesday, August 11th, 2010

August 10, 2010 – The Colorado State Patrol (“CSP”) has announced a new program called TACT – “Ticketing Aggressive Cars and Trucks” which they hope will reduce the number of accidents caused by aggressive driving of passenger vehicles around commercial trucks.  Last year crashes involving big rigs and passenger vehicles killed 31 people and injured 161 others.  Half of these accidents were caused by the driver of the passenger vehicle, and sadly over 70% of the fatalities represented occupants in those same vehicles.

The TACT program targets passenger vehicles that drive aggressively around commercial vehicles in an effort to reduce the number of fatalities involving commercial trucks.  CSP has designated three specific periods of enforcement for the TACT program:  July 19-23, August 23-27 and September 20-24.

CSP reports that the top three driving behaviors accounting for over half of all commercial vehicle-involved crashes are speeding, following too closely and unsafe lane changes.  The TACT program was developed primarily to educate all drivers on the importance of safer driving around big rigs, including allowing more space when merging and changing lanes, following behind commercial trucks, and passing other motorists.

You can avoid accidents by keeping a safe distance between you and the vehicle in front of you, stay visible when approaching commercial trucks, and don’t speed.  Also be mindful and avoid cutting in front of commercial trucks as this action reduces the truck’s distance required for braking and limits the driver’s ability to prevent an accident.  Of course, the most important thing of all – always wear your seat belt!

Posted in Commercial Vehicles, In the News, Proposed Laws, Recent Studies, Uncategorized | No Comments »

Legislation Passes Requiring Children to Wear Bicycle Helmet

Tuesday, July 27th, 2010

July 1, 2010 – On March 3rd, the Colorado House of Representatives voted on legislation that would require children under the age of 18 to wear a bicycle helmet.  The vote, 33-32, narrowly passed muster.  Ironically, the vote was taken only days after Governor Ritter suffered major injuries after an accident on his bike.  The Governor fortunately was wearing his helmet!

It seems an obvious smart choice to wear a helmet while riding a bike.  Unfortunately, the facts are that almost 200 children under the age of 15 die each year from bicycle-related injuries, almost 9,000 children are hospitalized, and over 340,000 children were treated and released by ERs for bicycle-related injuries.

I actually took my kids outside and showed them what happens to a watermelon that gets thrown on the pavement – the same effect as a human head hitting the concrete.  Children need to know the risk they run when they don’t wear their helmet.  Parents must model this behavior by wearing their own helmet and also discussing the importance of protecting your noggin with their kids.

Posted in Bicycle Matters, Children's Safety, Proposed Laws, Uncategorized | No Comments »

Obama Signs Executive Order Limiting Text Messaging for On-The-Job Government Employees

Monday, November 23rd, 2009

On September 30, 2009, the Obama administration ordered a ban on texting for all government employees while driving on the job or driving government-owned vehicles.

Studies show that talking on a cell phone causes almost 25% of all car accidents.  Already, seven states have banned any cellphone use while driving, 18 states have banned texting while driving, and 17 states have made it illegal for school bus drivers to use cellphones while driving.  This is all great news for U.S. drivers since last year distracted drivers caused nearly 6,000 deaths in this country alone.

The administration is considering additional restrictions on cellphone use by rail, truck and bus drivers.

Posted in Car Accidents, Cell Phone Use While Driving, Commercial Vehicles, In the News, Proposed Laws | No Comments »

Is Colorado Sending a Mixed Message on Texting and Driving?

Wednesday, September 30th, 2009

September 23, 2009 – Colorado is one of at least 22 states that have banned texting while driving.  So why do they also offer traffic updates via Twitter?  The conflict appears to result from two well-intentioned arms of government:  transportation departments that want to assist motorists with live traffic issues; and legislatures that are seriously concerned about the implications of distracted driving.

State transportation officials suggest people read their tweets before hitting the road and “know before you go.”

Posted in Car Accidents, Cell Phone Use While Driving, Commercial Vehicles, Proposed Laws | No Comments »

Colorado Ban on Texting for All Drivers

Tuesday, September 22nd, 2009

September 19, 2009 – Last year in Fort Collins, 9-year old Erica Forney was riding her bicycle and was struck and killed by a driver, who police say was distracted while using a cell phone.  The loss of this little girl’s life prompted the proposal and enactment of a new bill in Colorado prohibiting all drivers from texting while driving, which became effective June 1st. Not only does this bill outlaw texting for all drivers, it also prohibits use of cell phones for drivers 18 and under while driving.  Additionally, drivers of any age with instruction permits are prohibited from the use of cell phones while driving.

Some say this bill isn’t enough to keep the roads of Colorado safe.  In fact, the state legislature is currently reviewing a bill that, if passed, would place stricter parameters on drivers by requiring hands-free accessories for all drivers using cell phones.  Furthermore, anyone 18 or under would be prohibited from using a cell phone while driving, even with the use of hands-free accessories.  This bill would additionally ban cell phone use by school bus drivers and motor vehicle carriers regulated by the public utilities commission.

The use of a cell phone while driving, whether texting or talking, dramatically reduces the reaction time of drivers, yet over half of U.S. drivers admit to talking on a cell phone while driving and one in seven admit sending text messages while driving.  And these numbers dramatically increase for young drivers!  Almost half of drivers between 18-24 years old and over one-quarter of drivers between 25-34 years old admit text messaging while driving.

Researchers in a recent study utilized a driving simulator to compare the performance of two types of drivers:  (a) drivers using cell phones; and (b) drivers not using cell phones, but intoxicated with a blood alcohol level of 0.08, the legal limit in all 50 states.  Researchers concluded that drivers using a cell phone were actually more likely to cause a rear-end collision than a person driving under the influence of alcohol.

Colorado was the 14th state to join others in enacting a bill prohibiting drivers from texting.  The U.S. Senate is reviewing a bill that, if passed, would take away 25% of federal highway money from states with no such bill in place.

The Law Firm of Jason Crawford has represented accident victims and their families for more than 14 years. If you or your family needs to talk to an experienced accident lawyer, please call us today at (303) 741-0249.

For more information, please visit our website www.DenversAccidentLawyer.com.

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Posted in Car Accidents, Cell Phone Use While Driving, Commercial Vehicles, In the News, Proposed Laws, Recent Studies, Teen Drivers | No Comments »

Should the legal driving age be raised?

Friday, June 26th, 2009

September 11, 2008 – There is a big debate in Colorado now about raising the minimum age for a teen to get their driver’s license.

I certainly see how teenagers may be going into a complete panic about now with just the suggestion of this. Teenagers look forward to the degree of independence that being able to drive on their own allows. Their parents also look forward to being freed from the demands of being an on-demand shuttle service.

With this freedom, however, comes a high degree of responsibility and, unfortunately, many teens are simply not ready for the responsibility that comes with being able to get an unrestricted license at 16 years of age.

The fact is that a younger driver is much more likely to be in an accident in the first few years after getting their license than at any other time. Whether this is attributable to age and physical maturity or simply to lack of driving experience is debatable. However, there should be certain restrictions on a young driver’s driving privileges until both of these potential factors become, by the passing of time, less of an issue.

The main restriction I think should be in place is a rule prohibiting the use of cell phones by drivers under 18. Actually, I think that this should apply to all drivers but it is such an unpopular proposal that it would not pass. Apparently, we Americans think it is acceptable to have thousands of accident deaths a year as long as we can talk on the phone on the way home from work. In any event, I have seen too many accidents involving teens who were on the phone, or even texting, while driving. One tragic accident last year involved a teen driver who hit and killed a cyclist while texting behind the wheel.

Also, there should be a reasonable curfew for teen drivers. I do not think that there is any reason a teenager should be out on the road after 10:00 p.m. on a weeknight or after 11:00 on a weekend. If they are out after this time, it is highly likely that they will be engaging in reckless driving behavior that can lead to an accident.

Finally, we need to apply tougher penalties to younger drivers in the first few years that they have their license. Bad and reckless driving habits start early and our current system is far too lenient. If a teen driver is caught driving under the influence, or even with alcohol in their car, they should automatically lose their license for at least 2 years. If they have more than one speeding ticket in a 12-month period, the same penalty shall apply. I know this may seem harsh, but I am really tired of seeing the driving records from drivers who cause accidents and noticing that they started out as a bad driver and nothing was ever done to either push them towards safer habits or to take them off of the road.

We need to remember that driving is a privilege – not a right – and the government can restrict such privileges as it feels necessary to protect the general public. We as a society feel completely comfortable placing other restrictions on teenagers because we do not feel that the are mature enough to appreciate the consequences, such as alcohol use and voting, why should this be any different?

The Law Firm of Jason Crawford has represented accident victims and their families for more than 14 years. If you or your family needs to talk to an experienced accident lawyer, please call us today at (303) 741-0249.

For more information, please visit our website www.DenversAccidentLawyer.com.

Posted in In the News, Proposed Laws, Teen Drivers | No Comments »

Proposed bill to restrict cell phone usage in cars

Friday, June 12th, 2009

January 16, 2009 – A Colorado bill sponsored by Claire Levy, D-Boulder, aims to end cell phone use while driving for anyone under 18 and limit use to hands-free devices for adults.  The practicality of the bill is under fire, with many saying though they applaud it as a great attempt to increase safety while behind the wheel, few would follow it.  If approved, Colorado will join a select number of states with a complete ban on cell phone use for minors and hand-held phones while driving for individuals over the 18-year-old threshold.

The Law Firm of Jason Crawford has represented accident victims and their families for more than 14 years. If you or your family needs to talk to an experienced accident lawyer, please call us today at (303) 741-0249.

For more information, please visit our website www.DenversAccidentLawyer.com.

Posted in Proposed Laws | No Comments »