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You May Have A Criminal Record In Colorado: What to Do

Many people assume that they know for sure they have no criminal record. After all, if you've never been convicted of any crime or spent a day in court, how could you have a record?

Surprisingly, you could, in fact, have a record despite never being convicted or going to court. Here's how it's possible.

Police interactions in the past

Once you are arrested and have your photograph and fingerprints taken, you have a record. Even minors can have a record they don't know about because they were once accused of a crime. It could something minor that you never even think about anymore--such as a bar fight years ago or an old warrant from unpaid traffic tickets--that could have given you a record you still have to this day.

Your record could be costing you

If you want to know whether you have a criminal record, it is best to ask a criminal lawyer for help. They can conduct a thorough search that covers all databases, something that online services often do not do. Checking whether you have a record is important because it could be affecting your life in the state.

Essentially, anyone with interest can view your record because it is considered a public document. This means a potential employer running a background check on you can view it, as well as landlords or property managers when you are looking for a new place to live. In some cases, credit extenders like banks will even view criminal records during the loan application and approval process. Therefore, it pays to know whether you have a record--and what you can do about it if it turns out you do.

Clearing your record

If you do find out you have a criminal record, there are some things you can do. You may be able to get your record expunged by completing and filing the proper paperwork in court, something your criminal lawyer can do for you.

If you can't have it expunged, you may be able to get the record sealed. Once a record is sealed, it's no longer accessible by the public, and only law enforcement officers and courts can view it. You may be able to have a record sealed if your charges were dismissed, you were acquitted, you were arrested but no charges were ever filed, or if you took a plea bargain later and your case was dismissed because of it.

Close to one out of every four people have a criminal record, and it can follow you around for the rest of your life. Since a criminal record can have a negative impact on many areas of your life, it's important to ensure you don't have one. If you do, speak to a criminal lawyer in Denver, CO about what your options are, as there may be steps you can take to help reduce or even remove its influence on your life.

Thanks to Richard J. Banta, P.C. for their insight into criminal law and your criminal record.

#criminal lawyer #denver co #criminal law #criminal record #colorado

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Reasonable Suspicion Vs. Probable Cause: Know the Difference?

Reasonable Suspicion and Probable Cause

Being charged with any crime in Colorado can be a stressful, confusing, and scary. Just being arrested and going through the initial legal process can have a profound effect on your life, upsetting loved ones, and even causing you trouble at your job due to days missed at work. Being convicted is an even more alarming thought since this can mean having a record, fines, and even possible jail time.

To fully understand what is happening in your case and protect your rights, it makes sense to have an experienced criminal defense lawyer, like a criminal defense lawyer in Denver, CO, on your side as you go through this trying time in your life. It's also useful to have some basic legal knowledge, as this can help you feel in control during your case, and even enable you to identify information to give to your attorney that could assist your defense.

Before any law enforcement officer stops you for questioning, performs a seizure, searches, or arrests you, they must establish what is known as "reasonable suspicion" and "probable cause." These are relatively basic legal concepts, but you might not have heard very much about them beyond mentions in crime dramas. These two concepts are very important, as they serve — alongside “beyond a reasonable doubt" — as the three burdens of proof that must be met in any situation involving your civil rights, which includes arrests and convictions.

Reasonable suspicion: More than just a "hunch"

A law enforcement officer can make a traffic stop or detain someone if there is reason to believe the person committed a crime, is committing one at the time they are stopped, or plans to engage in some criminal activity. However, just a "hunch" or gut feeling on the part of the officer does not count as reasonable suspicion. They must get reasonable suspicion from specific circumstances or facts.

If, for example, an officer notices a driver speeding, they may reasonably suspect that the person is driving under the influence of drugs or alcohol. They can stop the person and investigate whether there is evidence to support that suspicion. However, if someone is driving and an officer pulls them over because of their clothing, that would not constitute reasonable suspicion.

Probable Cause: Just the facts, ma'am

Once probable cause is established, a police officer is allowed to search, seize property, or make an arrest. To prove they have probable cause, the officer must show that there is evidence or facts that would lead any reasonable person to believe a crime was committed, is currently being committed, or will be committed sometime in the near future. If the officer notices the odor of alcohol on the speeding driver's breath, for example, they would now have probable cause to search the car or make an arrest for DUI.

When probable cause isn't supported by the facts or evidence in your case, it could be dismissed or your charges could be reduced. Your criminal lawyer in Denver, CO will review your case to see if there are any questions surrounding reasonable suspicion and probable cause involved in your arrest.

Thanks to the Law Office of Richard J. Banta, P.C. for their insight into the definitions of “probable cause” and “reasonable suspicion.”

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Neil Armstrong's Family Received $6 Million in Wrongful Death Claim

A recent report from the New York Times has revealed that the family of famed astronaut Neil Armstrong received $6 million from a hospital in a wrongful death settlement (https://www.cnn.com/2019/07/24/us/neil-armstrong-hospital-settlement/index.html).

This 2014 settlement, which was not publicly disclosed at the time, was paid by Mercy Health on behalf of the hospital the astronaut was treated at, just two years after Armstrong's death. The public record documents from Armstrong's estate in an Ohio court confirm these funds were distributed to his heirs as part of a wrongful death action.

At the time of Armstrong's death, the family issued a statement saying the astronaut had passed away due to complications from his coronary bypass surgery. However, Armstrong's sons believed that his death was ultimately due to the incompetent care he received at Mercy Health's Fairfield hospital. While the hospital defended the care the astronaut received and its actions in his case, they reportedly decided to pay the settlement to avoid a legal battle and the publicity that would surround it due to Armstrong's public figure status.

Reportedly, the New York Times received documentation of Armstrong's case from an unknown source in the mail. Among those documents was correspondence between the attorneys involved in the case and the medical expert reports from both sides involved. According medical experts' reports, Armstrong was admitted to the Fairfield Hospital because it was believed he had heart disease. After doctors at the hospital ran tests and implanted wires in his heart to regulate his heartbeat as a temporary measure, they decided to perform bypass surgery immediately.

However, when the wires were removed, Armstrong experienced low blood pressure and internal bleeding, which required more procedures. He was then moved to a catheterization lab--an examination room where images of the heart are taken--and blood was drained from around his heart. Then, he was taken to the operating room. What happened in the operating room is unclear, and Armstrong died just two weeks later.

A review carried by a medical expert at the request of the Armstrong family stated that the cath lab decision was the hospital's major error. Another expert agreed that the cath lab decision was riskier than taking Armstrong right to surgery, but it was still a "defensible" move.

The hospital in question has issued a statement since the claim settlement has come to light saying they are very disappointed for the family that these details have become public. Armstrong's family has not yet issued a public statement.

Unfortunately, people die due to the inaction, negligence or direct actions of other people and organizations every day. If you have lost a loved one because of someone else's actions or their failure to act properly, you may be able to receive compensation via a wrongful death settlement. While this will not bring your family member back, it can provide financial support for your family during this trying time and serve as a warning to others who may be tempted to behave in a similar manner. 

If you have a family member who has died through the negligence of others, you should consult a knowledgeable wrongful death lawyer in Denver, CO at your earliest opportunity.

Thanks to Richard J. Banta, P.C. for their insight into personal injury claims and wrongful death.

#wrongful death lawyer denver co #denver co wrongful death lawyer #wrongful death lawyer #wrongful death attorneys #personal injury lawyer

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Family of 4-Year-Old Dog Bite Victim Waiting for Answers

The family of a young dog bite victim is hoping the owners of the dog will contact authorities and prove the animal has a rabies vaccination, according to Kenosha News (https://www.kenoshanews.com/news/local/family-looks-for-answers-after--year-old-attacked-by/article_0dfba495-8b7d-54cf-b561-f076856f9a50.html).

According to Paul Kiely - the father of 4-year-old Colin Kiely, the victim - the dog belonged to a couple he was acquainted with who stopped by his home with their two dogs. One of the dogs was leashed to Kiely's front porch, and when his young son walked past the dog and onto the porch, the animal lunged at the young boy and bit him on his face. Kiely grabbed his son and ran him to the hospital, which was just a block and a half away. Colin was treated at the local ER and then taken by a flight ambulance to the Children's Hospital in Kenosha, where he had a 2.5-hour-long surgery to repair facial injuries. Part of the young boy's lip is now gone, and he will need more plastic surgery to repair the rest of the damage.

While the Kiely family was at the hospital with their son, the couple left with the dog. One member of the couple, the woman, responded on social media to a message from Colin's mother saying that the dog was vaccinated but claiming she recently moved and did not know her own address.

So far, the couple has failed to respond to the local police or health department, who are trying to get proof of the dog's vaccination. If it is not vaccinated, the animal needs to go into a ten-day bite quarantine.

According to a health department representative, when there is a dog bite, that dog's owners are required to show their dog is vaccinated or allow it to be held in quarantine with a certified humane society or veterinarian for a ten-day period. While most people respond well to this request, the health department feels the couple who own the dog that bit Colin Kiely are trying to evade their responsibility.

After a local news story ran, the dog's owner did respond to a local news outlet claiming she contact both the police and the state health department, but the police were unable to confirm her statement. The owner also added the dog was vaccinated but she has not able to locate the paperwork proving it. She said that her dog is well-trained and behaved but only bit because the four-year-old hit the dog in its face.

Paul Kiely says he is upset that the dog's owners will not come forward since it could mean his son will also have to undergo rabies vaccinations. He added that the community service who visited the hospital was unresponsive and that the local hospital called the police about his adult son, who made angry comments about the biting dog.

A dog bite can cause serious injuries, long-term damage, and mounting medical bills. If you've been bitten by a dog, contact a dog bite lawyer in Denver, CO about your case and your rights today.

Call the office of Richard J. Banta, P.C. for their insight into personal injury claims and dog bite injuries.

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Punitive Damages in Car Accidents Involving Drunk Drivers

Car accidents can produce devastating outcomes. When a drunk driver has been the cause of the accident, the aftermath can change an accident victim’s life forever. Punitive damages may be awarded when the compensatory damages awarded in a personal injury case are not enough. Punitive damages are a way of punishing the person who has caused the accident. If you or a loved one have fallen victim to a drunk driver, not only may they face criminal consequences, they may also be hit with a civil case as well from the victims they injured as a result. 

Facing both Criminal and Civil Court

When a drunk driving accident has occurred, intoxicated drivers stand to face a number of consequences. Criminally, a DUI charge may not be the only consequence. Drivers could stand to lose their license for a period of time, spend time in jail, pay fines and attorney’s fees. In some cases, there may even be more serious charges. Civil claims may result from the damages if an accident victim has suffered from the accident. Criminal cases and civil cases are two entirely different legal entanglements. Drinking and driving could result in facing both for a driver who has driven under the influence and caused an accident. 

Punitive Damages

Punitive damages are an available form of compensation to punish a defendant for their actions. This type of compensation can be available to victims who have suffered in personal injury accidents. Punitive damages are more likely to be awarded in accident cases where gross negligence is present. When a person engages in drinking, and then gets behind the wheel, their actions are voluntary and intentional. Should this occur, and an accident result, the driver may be responsible for paying compensation in the form of punitive damages. An accident attorney may be helpful in representing victims against drunk drivers. An attorney can do more than just represent you, they can help in valuing an accident victim’s case. Although there is no maximum amount to what you may be awarded, in most cases, punitive damages will not exceed 4 times of the compensatory damages you obtain. 

Proving Punitive Damages

In most car accidents, victims are likely not to be entitled to punitive damages. However, car accident cases involving drunk drivers are often an exception to this. When determining an award for punitive damages, the court will take a look at the defendant’s assets, the details surrounding the accident and the harm done to the victim. An attorney may work with their client in gathering the proper evidence to prove that all 4 elements of a personal injury case are evident to put forth a strong claim. When a person is intoxicated behind the wheel, the negligence may result in the need for punitive damages. Hiring an attorney may prove to be especially helpful as they may be able to assist in gathering the necessary evidence to prove your case. 

Car accidents can leave victims to pick up the pieces for many years to come. Accidents from drinking and driving are senseless tragedies. It can be challenging for a victim of a drunk driving accident to come to terms with the fact that such an accident could have been prevented. Seeking legal recourse with a car accident lawyer in Denver, CO can help to make the drunk driver pay for their actions. 

Contact Richard J. Banta, P.C. for their insight into personal injury claims and damages in a car accident caused by a drunk driver.

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What Should I Do If I Have Been Hit By a Drunk Driver?

The holiday season is known for being a time to celebrate with plenty of food, parties, and alcohol. Unfortunately, because many people have to drive to get to a party, it also means there is a higher chance of people driving while they are intoxicated and causing an accident. These drunk driving accidents can often cause severe injuries and can involve complicated liability issues. It is important that you speak to your personal injury lawyer prior to signing anything, speaking to your insurance company, or taking a settlement. 

The first things you should do following being hit by a drunk driver are:

Contact the Police. It is important that you contact the police to receive any emergency medical assistance if anyone needs it. In addition to this, the police will fill out a report which states exactly what they saw, what witnesses saw, any citations either driver received, and other important information that becomes the official record of the accident. By contacting the police because of a drunk driver, you are also making the streets safer for others by getting the drunk driver off the road. 

Get Checked Out by a Doctor. This may seem like an obvious second step, however, many people believe their injuries are minor after they have been through an accident. Many times the cause of this is the adrenaline is pumping through them. Once it wears off, they could feel much worse. It is important to see a doctor immediately after your accident, as well as going to any follow-up appointments needed. This will speed up your recovery time as well as ensuring all of your injuries and treatments have been well-documented. This will help build your claim against the drunk driver and their insurance company. If you have actual medical records, versus just telling the insurance company you have an injury, it will carry a lot more weight with both the insurance company and the court. 

Keep Notes of Everything. Another important step is to write down as much as you can remember about your accident with the drunk driver. You should include where and when it happened, as well as a detailed description of what led up to the crash. There should be contact information for any witnesses present, as well as photos of the accident and your injuries immediately after. Another recommended step is to print a map off of Google maps and draw out what happened. You should not count on your memory being as sharp weeks or months later when you may need to tell your story to the court. 

Do Not Communicate with the At-Fault Driver’s Insurance Company. Right after the accident, you may be called by an insurance adjuster to discuss the accident. The adjuster’s main goal is to find something that will make your claim less valuable and to offer you a low settlement. In most instances, we have found people try and sound as though they are less injured than they actually are. This usually will work against them. It is important to not say anything to the adjuster and let your personal injury lawyer work on your behalf. 

Contact a Personal Injury Lawyer. Car accidents are scary. They are even more frustrating when they are caused by someone making a poor decision of drinking and driving. You deserve to receive compensation for your injuries and to have someone on your side fighting for you. Contact a DUI lawyer in Denver, CO today to schedule a consultation. 

Call Richard J. Banta, P.C. for their insight into personal injury claims and what to do if you were hit by a drunk driver.

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Recalled Fisher-Price Product Reportedly Developed Without Safety Experts

Fisher-Price’s recalled Rock 'N' Play Sleeper was developed and released without input from child medical safety experts (https://thehill.com/policy/healthcare/446206-recalled-fisher-price-rock-n-play-sleeper-developed-without-medical-safety), according to The Hill. The sleeper, which has now been linked to at least 30 infant deaths, was released after the company only consulted one doctor about its design. That doctor was a family physician who has since lost his medical license and is not a pediatrician.

There were no pediatricians involved in Fisher-Price’s work on this sleeper until years after it was available to buy and became the subject of a product liability lawsuit, the first among many that were eventually filed. At that time, a pediatrician served as a witness for the toy company.

In addition to the lack of any oversight from child medical and safety experts, the sleeper had an untested design that was new to the market: it was the first that allowed an infant to sleep at a 30-degree and reclined angle. This new design was not tested in any clinical research trials before it was released to the public and was reportedly based on facts about infant sleeping habits that were not true. Child medical experts do not recommend allowing infants to sleep in a reclined position overnight because of the risk of suffocation if the child turns.

Mattel, the parent company of Fisher-Price, has not returned requests for comments on why there were no pediatricians involved in the sleeper’s design before it went to market and made it into customers' homes. The toy giant released a statement to the Washington Post that said safety was its top priority and that they want parents worldwide to know that this is still part of their mission.

In April, a warning was issued to the public about the sleeper by the U.S. Consumer Product Safety Commission. This warning stated that the sleeper had been associated with the deaths of infants because they were rolling from their back to their side or onto their stomach while not restrained or under other circumstances.

In 2015, pediatrician Natasha Burgert published an open letter to Mattel asking that the product be recalled due to safety concerns over the restraints on the sleepers that were meant to keep infants from rolling over during the night.

In that letter, Burgert said the company was irresponsible in its promotion of the sleeper as a safe sleeping option overnight for babies, and its continuing of that promotion was putting more infants at risk on a daily basis.

However, it took Fisher-Price four more years to finally issue a recall, which was prompted by the release of a report by consumer protection organization Consumer Reports. That report tied the sleeper to at least 32 infant deaths based on various lawsuits filed against Fisher-Price that related to the sleeper.

When a company makes and promotes a dangerous product, people end up suffering. If you have been injured by a faulty, defective or unsafe product, you have rights. Talk to an experienced defective product injury lawyer about what happened as soon as you can.

Contact Richard J. Banta, P.C. for their insight into personal injury claims and defective product injuries.

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Concerns Raised About Iowa Bus Driver Before His Fiery Crash

As reported by the Daily Nonpareil, school officials were not shocked that the 74-year-old bus driver involved in a fiery crash was not able to escape the burning bus as he had known mobility issues (https://www.nonpareilonline.com/news/region/school-bus-driver-couldn-t-walk-far-without-assistance-say/article_b9f6554e-781b-11e9-894f-df0e9455b766.html). However, why his 16-year-old passenger was unable to get off of the bus and also perished in the aftermath of the crash is still unclear, according to reports from the National Transportation Safety Board.

The 2017 bus crash claimed the lives of 16-year-old Riverside student Megan Klindt and the bus driver, 74-year-old Donnie Hendricks. They were the only two people on the bus when the engine compartment caught fire after the bus ended up in a ditch.

Interviews conducted by the board with the bus driver’s widow, the school principal, and other bus drivers provided some additional details to the tragic case. The student and bus driver were friendly, and since she was the first student to be picked up, Klindt helped ensure other kids entered and exited the bus safely to help Hendricks out.

The day the crash happened was the last day before Hendricks was scheduled to have back surgery. The 74-year-old had many medical issues—including diabetes, high blood pressure, and high cholesterol—but he suffered the most from lower back pain that lingered from a previous spine surgery.

According to other bus drivers, Hendricks used a cane at work and before he got on the bus. His wife told officials that he also used a walker for longer distances, but he was comfortable sitting in the bus seat. Officials were told that at least one other bus driver and the school principal knew that Hendricks would be unlikely to get out of the bus on his own in the event of an emergency but that Hendrick’s family did not believe his back issues affected his driving ability.

According to the State of Iowa’s Department of Education, school bus drivers must have the physical ability to operate the bus and to help passengers in the event of injury or illness.

When the first responders got to the bus accident scene and put the fire out, they found Klindt’s body near the driver’s seat and on the floor. A report on the incident also noted that the fire extinguisher for the bus was not easily accessible by the driver or passengers, which is a violation of the state’s school transportation code. In Iowa, the extinguisher should be in the clearly-labeled driver’s compartment near the front of the bus. On Hendricks' bus, the extinguisher was located in a compartment that was not labeled and was behind the inside rear-view mirror, just above the front windshield.

In June, the National Transportation Safety Board plans to hold a board meeting that is open to the public in Washington, DC, to conclude the most probable cause of the fire.

Klindt’s family has since sued the school district, alleging wrongful death and negligence.

A bus accident can end in tragic results for all involved. If you’ve been in a bus accident, contact a bus accident lawyer in Denver, CO about your case.

Contact Richard J. Banta, P.C. for their insight into personal injury claims and bus accidents.

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Storage Wars Star Injured in Motorcycle Accident

Barry Weiss, known as "The Collector" on the popular "Storage Wars" show from A&E, has been hospitalized after being in a motorcycle crash that left him and a friend hurt, reports Country Living (https://www.countryliving.com/life/entertainment/a27306438/storage-wars-barry-weiss-icu-motorcycle-accident/).

The 68-year-old reality star and his friend were injured in an accident on April 24 in the Los Feliz area of California. The two were passing by when a car suddenly backed out of a parking space and collided with the pair. The friend reportedly involved posted a photo of himself after the incident from the hospital on social media, saying it was a serious crash and that his friend, Weiss, got the worst of it with serious leg and chest trauma. There was a social media outpouring of good wishes shortly after the post was uploaded.

Weiss is reportedly in the Intensive Care Unit of a Los Angeles Hospital. He is in stable condition and has had to undergo some surgeries already on his femur and back, according to several publications, and the star is facing more surgeries and a long recovery time due to the nature and extent of his injuries.

The driver of the SUV that struck Weiss and his friend reportedly told operators that she got hit from behind in her 911 call, and that Weiss was being helped by someone in the street. No drugs or alcohol are suspected in this accident, and police reportedly believe that the driver of the SUV was not looking as she backed out, so she failed to see the pair riding by.

Motorcycle riders at risk nationwide

Unfortunately, what happened to the "Storage Wars" star is common across the country and happens just about every day. Drivers are distracted by their phones, passengers or just daily life, and/or they simply don't pay enough attention to their surroundings when they are driving. Despite there being more motorcycles on the roads now than ever before in the US, motorists are still not great at sharing the roads with them. There are many public safety campaigns that are meant to educate drivers on how often motorcyclists are injured and killed in crashes, but there is clearly still more work to be done.

A motorcyclist does not have the same level of protection that a motorist does, so this also means they are often more seriously injured than the motorist in auto-motorcycle accidents. Injuries vary but can include internal injuries, head and back damage, road rash, broken bones, and head injuries. These injuries can be very severe and can be difficult to recover from, and they often leave the motorcyclist with long-lasting consequences.

If you have been hurt in a motorcycle accident, you have rights and may be able to get compensation for your losses and pain stemming from the crash. While you are recovering, you should not have to worry about medical bills, lost wages and other stressful factors that will take your focus away from getting well, so speak to a motorcycle accident lawyer in Denver, CO about your case for help.

Contact Richard J. Banta, P.C. for their insight into personal injury claims and motorcycle accidents.

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New Orleans Man Indicted in Fatal Auto-Bicycle Crash

A New Orleans man was just charged with several felonies in connection with his role in a drunk driving accident that took the lives of two cyclists and injured others, reports the Advocate (https://www.theadvocate.com/new_orleans/news/courts/article_cb583290-6c49-11e9-9de1-3b5740199866.html).

32-year-old Tashonty Toney is facing seven counts of hit and run driving and injury caused by a vehicle in addition to two charges of vehicular homicide. He has been charged in connection with the deaths of 31-year-old David Hynes of Seattle, Washington, and 37-year-old Sharree Walls of New Orleans. The other charges come from the wide ranges of injuries he caused to seven other people, according to police, when he plowed into the cyclist group. At the time, they were in a designated bike lane in the popular Esplanade area of New Orleans. Toney also smashed into seven parked cars in the process.

This crash has prompted bike safety groups in the area to ask the city for more protected bike lanes and other safety measures to make New Orleans street cycling safer.

Since he has not been able to post the $510,000 bail that was set shortly after the crash, Toney has been in jail since the accident. The charges brought by the grand jury recently came down ahead of the two-month deadline authorities had to charge or release him, and he now faces several years in jail if he is convicted on all counts.

According to the police involved in the case, the 32-year-old hit the cars and bicyclists with his Camaro across five blocks before he crashed into a median and came to a stop. Investigators believe he was going at a speed of over 80 miles per hour, according to a spokesman with the city's District Attorney's Office.

After the crash, Toney allegedly emerged from the car shirtless, ran and passed out. When he woke up, he asked people nearby to call his dad--a policeman with the city--before he was arrested at the scene. Police have since said that Toney told them he was an alcoholic and that he should have gotten some help before the incident, but he would not take an alcohol test.

Police were able to get a judge's order to draw blood from him, and the tests showed that his blood alcohol level was at a high .14 percent at the time of the draw. Authorities believe that his blood alcohol level was actually closer to .21 at the time of the accident. Since permission from a judge was needed, his blood draw was delayed by a few hours, which is enough time for some alcohol to have been metabolized. Medical experts say that many people black out at blood alcohol levels of .20.

The police report from the crash also details other signs of Toney's intoxication at the time of the crash. His breath smelled of alcohol, he was missing his shoes and he had vomit on his chin and in his beard.

A drunk driver can cause serious consequences for innocent bystanders. If you've been in an accident with a drunk driver, speak to an auto accident lawyer in Denver, CO for assistance.

Contact Richard J. Banta, P.C. for their insight into personal injury claims and bicycle accidents involving drunk drivers.

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New Trial Ordered in PA for Damages in Slip-and-Fall Case

Although he was awarded nearly $64,000 by a jury in Philadelphia, the state's Superior Court has decided that the plaintiff in a slip-and-fall case against the Marriott hotel chain lost some rights when he couldn't submit medical expert testimony. As a result, he is now entitled to receive a new trial to determine his damages.

In this case, the three-judge appeals court panel reversed an earlier ruling from a Philadelphia judge who denied the plaintiff, Bryan Wright, a new trial.

Wright suffered bruises to his shoulder and hip and injured his left shoulder when he slipped and subsequently fell on an ice path that was on a walkway outside of a Marriott hotel in the Township of Horsham. He underwent treatment for his shoulder, including surgery, and planned on using expert testimony about his injuries from a licensed doctor. However, the defense filed a motion shortly before the trial's start to block the doctor's testimony. The trial court sided with the defense and disqualified the doctor as an expert because he was not an orthopedist, which meant he was not allowed to testify about Wright except for limited statements on the victim's medical bills.

Ultimately, the trial court jury found the hotel negligent and determined that the negligence was the cause of Wright's injuries. He received close to $8,900 for medical bills and $55,000 for his pain and suffering. Wright then appealed, saying that he would have received a higher award if the doctor had been able to testify and if the defense had filed the motion to block the doctor's testimony earlier, which would have given him the time needed to find another medical expert.

A judge on the appeals panel wrote that the judge did not apply the expert testimony standard properly in the trial. Wright's doctor had dealt with other patients who had shoulder and orthopedic injuries in his practice, which meant he had enough specialized knowledge to testify about Wright's medical problems. The appeals judges decided that while Wright had a successful claim, he did not receive a fair trial on damages without the doctor's testimony since he could not offer a credible medical opinion on his own. This was then compounded by the defense's use of the lack of medical experts appearing for Wright in their closing argument to the jury.

Since the appeals court ruled that both parties were able to successfully address the issue of negligence, Wright will receive a new trial on the amount of damages he should receive only. Both sides will have the chance to present evidence of the injuries Wright received because of the fall and to address the amount of damages they warrant.

Wright's legal representation praised the decision, saying he was glad his client will now have the chance to submit medical testimony from an expert. He is expecting an increase in damages due to the nature of Wright's injuries.

A slip and fall accident can result in serious and lasting damage. If you've been injured in this manner, contact a negligence lawyer in Denver, CO for help.

Contact Richard J. Banta, P.C. for their insight into personal injury claims and slip and fall accidents.

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Why Hiring a Motorcycle Attorney After Your Accident is a Wise Decision

Most motorcyclists are aware of the increased risk when riding. The grim truth is that motorcyclists are more likely to be seriously injured or even die in an auto accident. Therefore, if you have survived an accident consider yourself one of the lucky ones. However, even though you survived you likely have a fair bit of recovery ahead of you, and a motorcycle attorney can help for a variety of reasons.

Legwork is Done for You

Hiring an experienced lawyer through a reputable law firm likely means that you will be hiring a team and not just a lawyer. The team aspect is important because it means that your attorney will have help from people skilled in research and gathering evidence. Additionally, by having a skilled team performing the work for your case, you can focus on your health and well-being.

Attorneys Are Your Advocates

When the neglect of someone else leads to a personal injury, it is beneficial to have advocates and supporters. A legal team is meant to be both. Your lawyer will help you through the complicated judicial process and help you make the decisions that are in your best interests. While they are not there to dictate or mandate compliance, they do offer sage advice and will likely provide you with the council you need to get through a settlement or trial process.

Lawyers Understand the Legal Process

There is a great benefit to hiring someone who is experienced in the legal process. While it is true that in civil cases you can advocate for yourself, a trial lawyer is often better equipped to deal with the procedural aspects of a case. Also, hiring a lawyer experienced in motorcycle collisions will likely result in more substantial settlement offers. Additionally, if your case makes it to trial, an attorney is better prepared for jury presentations.

Most Personal Injury Lawyers Operate on Contingency

Many people refrain from legal recourse because they fear the costs. However, in personal injury cases, most law firms and attorneys operate on contingency, meaning that payment is only recovered if you receive a settlement or favorable verdict. Most firms will negotiate a percentage of any financial winnings, and they will handle the court costs associated with a trial if one occurs.

If you have survived a motorcycle accident, consider yourself among the lucky few. However, if that accident occurred because of the negligence of another driver, don’t hesitate to take legal action. Contact an experienced motorcycle accident lawyer in Denver, CO and discuss your legal options.

Thanks to Richard J. Banta, P.C. for their insight into personal injury claims and motorcycle accident injuries.

#motorcycle accident lawyer denver co #denver co motorcycle accident lawyer #motorcycle accident lawyer #personal injury lawyer #denver co

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Hyundai Recalling Velosters With Dangerous Engine Flaw

Automaker Hyundai has uncovered a new issue that could cause its car engines to start on fire or fail, so it's issuing yet another recall, according to WGN 9 News (https://wgntv.com/2019/03/30/hyundai-finds-new-engine-problem-prompting-another-recall/).

The Korean auto company, after being pressured by safety regulators, is recalling around 20,000 of its Veloster model cars in Canada and the US because fuel can ignite too soon in the cylinders near the pistons. That action can cause too much pressure and damage the car's engine, which could cause cars to catch fire or stall, according to documents recently released by the US National Highway Traffic Safety Administration (NHTSA).

This is actually a different problem than what sparked other engine failure and fire recalls from Hyundai and its affiliate Kia since 2015. The new recall is for the 2013 Veloster models with a 1.6-liter engine and stems from a software issue that has only been uncovered in the 2013 model years and not in other engines from the Korean carmaker, according to Hyundai spokesperson Michael Stewart. James Bell, a spokesperson for Kia, released a statement asserting that Kia did not use any engines from the same plant that made the engines in the Veloster.

Jason Levine, an executive director for the consumer group the Center for Auto Safety, has said that the fire and engine problems Kia and Hyundai have had keep appearing in more vehicles. The group has petitioned the US government for additional recalls of automobiles made by the two brands. According to Levine, this recall is raising even more concerns about the continuing trend of non-crash fires in vehicles from both automakers.

According to the documents released by NHTSA, Hyundai claims it has been reviewing fire claims from car owners and reporting those findings to NHTSA, which led to concerns around the Veloster. Hyundai traced the issues back to the software, meant to control the engines, that was made at a plant in South Korea from 2012 to 2013. Claims were high for the 2013 model year but decreased for 2014. In late 2013, the engine software on the vehicles still in the factory was updated. Owners of the recalled Velosters are being told to return their car to their dealer once they are notified to have updated software installed on their cars.

Meanwhile, earlier this year, Kia recalled its small Soul SUV due to engine failure and fire problems, but that issue is different from the one affecting the Veloster, according to Kia. The car maker said that its high exhaust gas temperature may damage parts on the car that could lead to oil leaks, fire and engine failure.

Since 2015, Kia and Hyundai have recalled close to 2.5 million cars to fix issues that could lead to fire or engine failure. They are also now under investigation by NHTSA for possibly being too slow to fix faulty automobiles.

A defective product can cause serious damage, injury, and even death. If you have been affected by a faulty product, contact a car accident lawyer Denver, CO trusts about your case.

Contact Richard J. Banta, P.C. for their insight into personal injury claims and defective car product recalls.

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Passenger Files Lawsuit Over Fatal VA Bus Crash

CBS News 6 is reporting that a $10 million lawsuit has been filed by a passenger involved in a deadly bus crash in Virginia (https://wtvr.com/2019/03/27/bus-crash-lawsuit/).

40-year-old Shivon Dollar-Moore of New York was one of 56 passengers on a Tao's Travel Inc. bus that overturned in Prince George County, Virginia. At the time, she was returning from a wedding in South Carolina. Several of the passengers were hurt, and two were killed. Dollar-Moore, who is still hospitalized and suffering from back injuries, is suing the travel companies and driver involved in the deadly crash.

Yui Man Chow, the bus driver and one of the named defendants on the lawsuit, has since been charged with two involuntary manslaughter counts related to the two deaths. The other defendants are Peaceful, Inc., Tao Travel, Inc. and Starline Coach, Inc., all of which run the bus line on which the accident occurred.

According to the lawsuit, the travel companies either knew or should have known that the driver had a propensity for reckless and unsafe behavior in the form of distracted driving, using a cell phone while driving a bus, speeding, and driving while fatigued. At this point, the Virginia State Police had not confirmed whether driver fatigue or cell phone use were causes of the crash, but they did cite excessive speed as a possible factor. Police also found surveillance video of the driver buying a cell phone charger for his phone about 20 minutes before the accident happened, and they are currently reviewing his phone and the data from the bus to see if they can determine the root causes of the crash.

The bus in this crash was owned by Tao's Travel Inc., a small business based in Massachusetts. Research done by CBS News 6 uncovered that they have four vehicles and employ eight drivers. A violations search also found that the bus company had one speeding violation last year and four maintenance issues with its buses, including a defective exit window, a leak, and improper exhaust. Federal officials say this is the first crash the company has been involved in.

According to a statement given to state police by Chow, he was going about 70 miles per hour when he made a sudden turn to try to take a ramp at Exit 45 on the interstate, where the speed limit was 25 miles per hour. However, officials believe he may have been intending to take the exit for I-295, which is about one mile away from the crash site. Exit 45 is a known "problem area" to the state and has been under the scrutiny of highway officials. This has been the ninth crash at this exit since 2014, and transportation officials are looking into whether some of these accidents stem from drivers being confused by the signs there.

A bus crash can result in serious injuries to passengers, pedestrians, and people in other vehicles. If you were in a bus crash and suffered injuries and/or losses, talk to a bus accident lawyer Denver, CO relies on about your case.

Contact Richard J. Banta, P.C. for their insight into personal injury claims and bus accidents.

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4-Year-Old Loses Hand in Vicious Dog Attack

A four-year-old Utah boy has lost his hand in a vicious dog attack, according to Boston.com (https://www.boston.com/news/national-news/2019/03/05/dog-bites-off-hand-of-utah-boy-trying-to-play).

Jason Cook, a Layton Fire Battalion Chief, said the boy had placed a sock on his arm and was putting it in a gap that was between the solid vinyl fence and the ground in his backyard. He was trying to play with two Siberian Huskies that were in the neighbor's yard next door. Unfortunately, one of the Huskies bit off the child's hand and also took about two to three inches of his arm.

The child's father tried to stop the bleeding and comforted his son until the first responders arrived on the scene. Then, the four-year-old was flown by helicopter to a Salt Lake City hospital, where he underwent emergency surgery. He is reportedly doing well and fully expected to survive.

The local authorities were not able to find the boy's hand, and they now believe the dog actually ingested it. Animal control officials and medical personnel discussed putting the husky down to get the hand for potential reattachment, but the surgeon involved ruled that would not be an option.

Director of Davis County Animal Care and Control Rhett Nicks said the dog will now be quarantined for ten days. With an investigation now underway, officials have not yet determined if the husky will be labeled a dangerous dog or if it will need to be put down. This is the first reported bite for the husky; the other husky is also being held by animal control but was not involved in the attack.

At this point, it is not yet known if the owners of the dog are going to face any consequences. The animals were properly fenced in at the neighbor's home, according to the officials involved in the case.

Chief Cook added that both families had recently moved into the area and that he hopes the boy will be able to adapt more easily to the loss because he is so young.

Shortly after the incident, a petition was started by a friend of the neighbors to save the dog, named Bear, involved in the attack. According to the family friend, both dogs are sweet animals, and Bear probably did not realize that there was a small child attached to the sock and thought it was a tug-of-war game.

Nicks responded to the petition, noting that all animals who break skin have to be quarantined for rabies observation for ten days. Since this incident resulted in a serious injury to a human, officials must conduct a dangerous dog investigation, the results of which are still not known. As part of the investigation, officials will speak to everyone involved, including the dog's owners, the child and his parents, and the responding medics.

Regardless of intention, a dog can do serious damage to another person that has lasting consequences. If you have been attacked by a dangerous dog, speak to the best dog bite lawyer Denver, CO offers about your case.

Contact Richard J. Banta, P.C. for their insight into personal injury claims and dog bite injuries.

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Truck Accidents Due to Brake Failure: Who is Liable?

Around 10 percent of all big truck crashes are caused by vehicle malfunctions such as defective tires and shifting cargo. When there is a malfunction that impacts a vehicle’s brakes, the consequences are likely to be severe. Tractor-trailers take longer than smaller vehicles to slow down and stop as it is, and an issue with the brakes will make the stopping distance even longer.

Truck accidents that have malfunctioning brakes as a factor often occur at higher speeds, which make the impact worse and the resulting injuries more severe. Victims in these types of truck accidents may have high medical bills and can’t go back to work for weeks or even months while they are recovering. This leads to stress and financial trouble for many people, and none of it is their fault.

If you have been hurt in a truck crash involving faulty brakes, more than one party may be liable for your losses, damages, and pain and suffering.

The parts or vehicle maker

If the brake failure was caused by a defect, you may be able to make a product liability claim against the maker of the part or the vehicle. Since proving brakes were defective is a challenge—and larger corporations like auto manufacturers have significant resources—it’s recommended that you seek legal counsel before you start such a claim.

The contractor for maintenance

Motor carriers often use third-party contractors for their vehicle maintenance. Should these contractors fail to do the proper inspections on the brakes or replace them when it was needed, they could be held responsible for any resulting accidents.

The motor carrier

When motor carriers fail to keep up with regular maintenance, they may be liable for crashes caused by malfunctions, regardless of whether they do the work themselves or use a third party. Ultimately, it’s the trucking company that is responsible for maintaining their trucks properly, and this means that even when they use a contractor, they have to track each truck’s maintenance and schedule appointments as needed.

The truck driver

It’s a truck driver who is the first line of defense for preventing accidents because they are behind the wheel. While a truck driver isn’t necessarily responsible for brake line maintenance, they still are supposed to pull over and arrange for maintenance if they find the truck is not responding like it is supposed to. If there is obviously something wrong with a truck’s brakes but the driver just keeps driving anyway, he or she can share some responsibility in the event of an accident.

If you have been injured in a crash with a truck driver and were not at fault, you may be able to receive compensation for your losses, suffering, and pain. Speak to an attorney about your case so you can identify the most strategic way to move forward with your case. A truck accident can have lasting consequences on your health and your finances, so it’s wise to seek an experienced trucking accident lawyer Denver, CO offers as soon as you can.

Contact Richard J. Banta, P.C. for their insight into personal injuries and truck accident claims.

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NC School Bus Crashes into Townhouse

A school bus driver in North Carolina has been cited for crashing into a townhouse, WSOCTV News reports (https://www.wsoctv.com/news/local/emergency-crews-respond-to-school-bus-crash-in-north-charlotte/926142185).

The accident happened in the early hours of February 28 in the City of Charlotte, North Carolina. 35-year-old Lashandra Chere Williams, the bus driver, has been cited for failing to maintain lane control. Surveillance camera footage shows that the bus driver sideswiped another car shortly before the accident, and then it ran right off of the road and hit the residential building. Debris from the building could be seen scattered along the road immediately following the collision.

After the accident, several schoolchildren who were on the bus at the time of the crash could be seen walking around. The scene was chaotic as frantic parents arrived to find their children and make sure they were okay.

Witnesses say the bus was going north on Statesville Avenue in the city when it looked like the driver lost control, veered into a car and then swerved right into the townhouse. Several people saw the emergency door to the rear of the bus open following the accident, and several children began coming out.

At this point, the police are not sure what caused this crash. Luckily, there were no major injuries as a result, according to the paramedics on site. Two students were evaluated at an area hospital at the request of the family.

Students on the bus at the time spoke with local journalists. They said that something happened with the other car involved, with both the car and bus striking each other and then the bus ending up hitting the building. The students panicked at first, fearing the bus would tip over, but they did evacuate safely. It happened so fast that the children are not entirely sure what caused the accident.

The area was closed off to traffic as police investigated, and the local fire department said the building was able to be stabilized to prevent collapse and further damage. Two residents and a pet were displaced from the townhouse as a result of the damage to it.

Officials with the school said that at the time, the bus had 15 children on it who were heading to Ransom Middle School. The students’ families were notified immediately after the crash, and arrangements were made to provide safe transport of those students to school or back home.

At this time, police say speed does not seem to be a factor in this crash. There is also no evidence that the bus or car driver were impaired at the time of the incident.

Charlotte-Mecklenburg Schools has since suspended the bus driver, but she will receive pay, which is standard procedure in cases such as this one. As the investigation continues, the bus driver may face more repercussions.

A bus can cause tremendous damage to individuals and property after an accident simply because of its sheer size and weight. If you have been the victim of a bus accident, talk to a bus accident lawyer Denver, CO trusts about your injuries and loss today.

Contact Richard J. Banta, P.C. for their insight into personal injuries and bus accident claims.