The Burden of Proof in Car Accident Cases

The Burden of Proof in Car Accident Cases

You’ve probably heard the expression “guilty beyond a reasonable doubt” when watching courtroom dramas. This phrase is used to describe the burden of proof in criminal cases. If the prosecutor is not able to prove the defendant is guilty beyond a reasonable doubt, the defendant will not be convicted. But, the rules are different in civil court. Here’s what you need to know about the burden of proof in car accident cases:

“By A Preponderance of Evidence”

Instead of “guilty beyond a reasonable doubt,” the burden of proof in car accident cases is “by a preponderance of evidence.” This burden of proof is lower than the one used in criminal cases.

The burden of proof falls on the plaintiff in all personal injury cases. This means it is the victim’s responsibility to prove by a preponderance of evidence that the defendant’s negligence caused the victim’s injuries. To put it simply, the plaintiff must show the defendant was more likely than not responsible for the car accident.

How to Meet the Burden of Proof

To recover compensation, car accident victims must be able to meet the burden of proof. This involves proving:

  • The defendant owed a duty of care to the victim
  • The duty of care was breached
  • The breach led to the victim’s injuries

A duty of care is a legal obligation to exercise reasonable care. Every driver owes a duty of care to other drivers on the road since it is important that all drivers exercise reasonable care when behind the wheel.

Establishing the duty of care is easy, but proving that the duty of care was breached can be more difficult. Breaching a duty of care simply means failing to exercise reasonable care. In car accident cases, breaching a duty of care can mean many things, including running a red light, speeding, and driving while intoxicated. An attorney can prove that the defendant breached their duty of care by interviewing witnesses, reviewing the police report, or working with accident reconstruction experts.

If a plaintiff can prove that the accident occurred because the defendant breached their duty of care, the plaintiff has successfully proven negligence and met the burden of proof.

Have you been injured in a car accident? Discuss your case with the experienced personal injury attorneys at Reisch Law Firm. We will immediately launch an investigation to gather the evidence we need to hold the other driver responsible. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Who is Liable For No Contact Motorcycle Accidents?

Who is Liable For No Contact Motorcycle Accidents?

Motorcyclists usually only have a few seconds to avoid colliding with another vehicle on the road. Sometimes, it’s too difficult or dangerous for the motorcyclist to attempt to get out of the way to prevent an accident. When this happens, the motorcyclist can lay the bike down in order to prevent a crash. However, laying a bike down can seriously injure the motorcyclist. Who is liable for the injuries sustained in these no contact motorcycle accidents?

Proving Negligence is Key in Traffic Accident Cases

Proving negligence is the key to identifying the liable parties in traffic accident cases. No contact motorcycle accidents are treated the same way as other traffic accidents—the negligent party is liable for the other party’s injuries.

Drivers act negligently when they fail to act in a reasonable and responsible manner. For example, a reasonable and responsible person would obey the traffic laws. If a driver runs through a red light, he is not acting reasonably or responsibly, so this would be considered negligence. If a motorcyclist lays down his bike because of the actions of a negligent driver, the driver is liable for the motorcyclist’s injuries.

For example, let’s say a car and motorcycle are stopped at a four-way intersection. It’s the motorcyclist’s turn to go through the intersection, but the motorist goes anyways. In order to avoid a collision, the motorcyclist lays down his bike and injures himself. Since the motorist violated a traffic law by entering the intersection before the motorcyclist, the motorist can be held liable for the motorcyclist’s injuries.

Recovering Compensation in No Contact Motorcycle Accident Cases

Motorcyclists can face several challenges when trying to recover compensation for their injuries. First, the driver may not even realize that his actions have caused the motorcyclist to lay down his bike. Because he is unaware of what he’s caused, he may not even stop to exchange information with the motorcyclist.

The at-fault party’s insurance company can also make it difficult to recover compensation. The insurance adjuster can argue that the motorcyclist is responsible for his own injuries because he could have safely avoided the collision in another way instead of laying down his bike.

Let an experienced personal injury attorney help you overcome these challenges. If this happens to you, let the criminal defense attorneys at Reisch Law Firm fight for your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Is It Illegal to Share Marijuana in Colorado?

Is It Illegal to Share Marijuana in Colorado?

Colorado was one of the first states to legalize recreational marijuana. Despite the legalization of marijuana, the state of Colorado still has laws that regulate the use and possession of this drug. Some of these laws pertain to sharing marijuana with others. Is it illegal to share marijuana in Colorado? Here’s what you should know:

Legal Age For Marijuana Use

Recreational marijuana may be legal, but that doesn’t mean it’s legal for everyone. In Colorado, adults must be over the age of 21 in order to legally purchase, possess, and use recreational marijuana. Legal adults should never share marijuana with someone who is under the age of 21. Sharing marijuana with someone who is under the age of 21 is a felony crime in Colorado. This law applies even if you are sharing it with someone who is close to you, such as a family member or friend.

The penalties for sharing marijuana with someone under the age of 21 will vary depending on the amount of marijuana involved in the crime. Sharing less than one ounce can lead to up to two years behind bars and a fine of up to $100,000. But, sharing larger quantities of marijuana can lead to enhanced penalties. For example, sharing more than 2.5 pounds of marijuana with a minor could lead to up to 32 years of imprisonment and up to $1 million in fines.

Sharing With Legal Adults

It’s not hard to see why giving marijuana to someone who is not legally allowed to use it is a crime. But, what about sharing marijuana with other adults who are above the age of 21? Adults in Colorado are allowed to share up to one ounce of marijuana with other legal adults. However, sharing more than one ounce of marijuana with another legal adult is illegal since adults are prohibited from having more than one ounce in their possession.

Giving marijuana to other legal adults is also illegal if it is considered selling instead of sharing. If you are being compensated in any way in exchange for giving a legal adult marijuana, it is illegal.

Many people don’t find out that sharing marijuana is illegal under certain circumstances until they’ve been charged with a crime. If this happens to you, let the criminal defense attorneys at Reisch Law Firm fight for your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Can A Low Impact Car Accident Cause Serious Injuries?

Can A Low Impact Car Accident Cause Serious Injuries?

No one questions how someone involved in a high-speed car accident suffered serious injuries. However, insurance companies may be skeptical if a victim claims to have suffered serious injuries in a low impact car accident. It may be hard to believe, but it’s true that victims can be seriously injured even if the cars are traveling at a low speed at the time of the collision.

The Force of a Low Impact Collision

A standard passenger vehicle weighs around 2,000 pounds. If a standard passenger vehicle collides with another vehicle while traveling 10 miles per hour, it can produce an impact force of about 3.7 tons. The impact force is even greater if the collision involves a larger vehicle, such as a truck or SUV. These cars weigh up to 3,000 pounds and are capable of producing an impact force of 5.6 tons when they collide with another car.

A car traveling at 10 miles per hour may not seem dangerous, but when you understand the force that these cars can produce during a collision, it’s easier to see how injuries occur.

Magnification of Acceleration

A number of car crash studies have revealed that rear-end low impact car accidents can cause serious injuries even if the car is barely moving at the time of the collision. This is because of a principle known as the magnification of acceleration. According to this principle, the passengers inside a vehicle will accelerate faster than their vehicle during a collision. As a result, the passengers absorb much of the force of the impact during a low speed collision. This principle explains why it is possible for passengers to sustain injuries even when the accident does not look serious.

Common Low Impact Car Accident Injuries

Soft tissue injuries in the neck and back are common in low impact car accidents. One of the most common types of soft tissue injuries is whiplash. This injury occurs when the force produced by the collision throws a passenger’s body forward. Seatbelts should hold the passenger’s body in place, but the passenger’s neck may be thrown forward and backward. This sudden movement often leads to pain and discomfort in the neck, back, and shoulders that can linger for days or weeks after the accident.

Have you been injured in a low impact car accident? If so, contact Reisch Law Firm right away. Proving injuries can be difficult in low impact car accident cases, but our personal injury attorneys can help. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

When Can Someone Be Charged With Tax Fraud?

When Can Someone Be Charged With Tax Fraud?

There are many different types of crimes involving fraud, but one of the most common types is tax fraud. While some people intentionally commit tax fraud, others may not realize they have committed a crime until they find out they are being investigated. Here’s what you need to know about being charged with tax fraud:

What is Tax Fraud?

Tax fraud is committed when someone enters false information on a tax return in order to reduce the taxes they owe. This can occur in a handful of ways. Some defendants are accused of claiming false deductions or failing to report all of their income to reduce their tax liability, while others are accused of trying to pass off their personal expenses as business expenses.

Because both businesses and individuals must pay taxes, both business entities and individuals can face legal consequences for committing tax fraud.

Determining the Taxpayer’s Intent

The tax code is incredibly complex, so it’s not hard to see why many people make mistakes when filing their taxes. Not every error on a tax return is considered tax fraud. Unintentionally making a mistake on a tax return will not lead to criminal charges. However, if you intentionally provided false information in order to reduce your tax liability, you can be charged with this crime.

How can investigators determine someone’s intent? The IRS will usually assume that tax return errors are unintentional unless they have reason to believe otherwise. Some of the signs that the taxpayer intentionally committed fraud include:

  • Using someone else’s Social Security number on the tax return
  • Records that show the taxpayer tried to conceal or transfer income
  • Falsified documents

These signs indicate that the taxpayer knew exactly what he was doing when he provided false information to the IRS. In cases like these, the taxpayer can be charged with tax fraud. Charges are usually not brought against the accused until the IRS has completed a thorough investigation into the matter.

If it is determined that the taxpayer unintentionally made a mistake, he could face a financial penalty for the error, but he won’t face criminal charges.

Tax fraud is a serious crime that carries many criminal and civil penalties. If you have been accused of tax fraud, speak to the criminal defense lawyers at Reisch Law Firm right away. Tax fraud cases are complex, but our team has the legal resources and dedication that is needed to fight these charges. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Are the Most Common Driver Distractions?

What Are the Most Common Driver Distractions?

Drivers must be prepared to quickly react to changes in their environment. But, it’s difficult to react to a light changing from green to red or a pedestrian walking into the street if you’re not focused on the road. When a driver is too distracted to process and react to these changes, tragic accidents occur. Here’s a look at some of the most common driver distractions:

Cell Phones

It’s hard for some people to pull themselves away from their smartphones for long, which is why so many drivers end up using these devices behind the wheel. Distracted driving accidents often occur when drivers use their cell phones to text, talk on the phone, look at social media, play games, or watch videos.

Smartphones are one of the most dangerous distractions because they distract the driver visually, manually, and cognitively. Most distractions only fall into one of these categories, but a smartphone falls into all three.

Zoning Out

Drivers often get distracted by their own thoughts. When a driver starts to zone out, he takes his attention off of the road. A driver who is zoned out may appear to be paying attention since his eyes are still focused on the road, however his mind has wandered off.

Drivers who are traveling long distances tend to zone out more than drivers who are not going very far. Being stressed or fatigued can also cause a driver’s mind to start to drift off of the road.

Passengers

It’s nice to have other people in the car for entertainment and companionship, but sometimes passengers do more harm than good. Talking to passengers in the car can be distracting for drivers—especially teen drivers. In fact, the Centers For Disease Control and Prevention reports that teen drivers are at a higher risk of getting into an accident when there are other passengers in the car.

Reaching For Something

A driver that is alone in his vehicle may realize that something he needs is in the backseat or just out of his reach in the passenger seat. Instead of pulling off of the road, the driver may try to reach for the object even if it means taking his eyes off of the road for a moment. Drivers that reach for something may not be able to slam on the brakes or swerve out of the way in time to avoid an accident.

Have you been injured in a distracted driving accident? If so, contact Reisch Law Firm right away. Our personal injury attorneys will aggressively negotiate with the at-fault party’s insurance company to recover the compensation you deserve.. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

The Medical Emergency Defense in Personal Injury Cases

The Medical Emergency Defense in Personal Injury Cases

Personal injury victims cannot recover compensation for their injuries unless they are able to prove liability. But, sometimes proving liability is more difficult than it may seem. There are a number of strategies defendants can use to escape liability, including the medical emergency defense.

The Medical Emergency Defense

The medical emergency defense is typically used in cases involving car accidents. When a defendant uses this defense, he is saying that the accident occurred because he was experiencing a medical emergency. For example, let’s say a driver suffers a heart attack while behind the wheel. He loses control of the vehicle because of the heart attack and crashes into your car. In this case, he may be able to use the medical emergency defense.

A heart attack is not the only health condition that can lead to a medical emergency. Any condition that causes someone to lose consciousness, diabetic episodes, and strokes can all be considered medical emergencies.

The Emergency Must Be Unexpected

It’s important to note that the defendant can only use this defense if the emergency medical condition he experienced was unexpected. If the driver was aware of the medical condition, he may not be able to use this defense to escape liability.

For instance, let’s say a doctor tells a patient that he should no longer drive while using a certain medication. If the patient ignores the doctor’s orders, he cannot use the medical emergency defense if his medical condition leads to an accident.

Fighting Back Against the Medical Emergency Defense

There are ways for your attorney to disprove the medical emergency defense. For instance, a review of the defendant’s medical records may reveal that a doctor had warned him to avoid driving. Medical records may also show that the defendant never sought medical treatment after the accident, which could call into question whether the emergency even occurred in the first place.

It’s also possible that court records will show that the defendant has been in this situation before. If this is true, it means he was well aware of his medical condition, and should not be able to use it to defend himself in this case.

Have you been injured in an accident that was not your fault? If so, contact Reisch Law Firm at once. Our team of experienced personal injury attorneys will immediately begin to gather evidence that is needed to prove liability in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

When Are Personal Injury Victims Compensated For Lost Earning Capacity?

When Are Personal Injury Victims Compensated For Lost Earning Capacity?

If you have been injured by the negligent acts of another person, you have the right to file a personal injury claim in order to recover compensation from the responsible party. Victims may be able to recover compensation for any losses or expenses they have incurred as a result of their injuries. One type of loss that victims may be compensated for is known as “lost earning capacity.” What is this loss? When are personal injury victims compensated for lost earning capacity? Here’s what you should know:

What is Lost Earning Capacity?

Lost earning capacity is a term used to describe a personal injury victim’s diminished ability to earn an income. Although similar, it is not the same as lost wages. The term lost wages refers to actual losses that have already occurred, whereas lost earning capacity refers to the victim’s expected ability to earn an income in the future.

When is Compensation Awarded For Lost Earning Capacity?

Sometimes, an injury can affect a victim’s ability to work. When an injury limits the victim’s ability to earn income in the future, the defendant should compensate the victim for this loss.

For example, let’s say a car accident victim suffers a serious shoulder injury. Because of this injury, the victim can no longer lift boxes that weigh more than 20 lbs. However, the victim works in a warehouse, so being able to lift heavy boxes is one of his job requirements. Since he can no longer perform this work, he finds another job that he is physically capable of doing. This job pays less than his other job, which means he is earning less income as a result of his injuries. Therefore, the defendant should compensate him since his injuries have affected his ability to earn income.

How Much Compensation is Awarded?

Calculating compensation for the victim’s lost earning capacity can be difficult. A number of factors need to be taken into consideration, including how many working years the victim has left and a forecast of the income the victim could have made if he was never injured. It’s important to also factor in bonuses, raises, and promotions the victim could have made when calculating lost earning capacity. Because so many factors are involved in the calculation, the amount of compensation that is awarded to personal injury victims for their lost earning capacity can vary greatly.

If you have been injured, seek legal representation from the personal injury attorneys at Reisch Law Firm immediately. We have years of experience helping victims recover compensation for their medical expenses, lost wages, lost earning capacity, and pain and suffering. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Avoid These Common DUI Mistakes

Avoid These Common DUI Mistakes

No one ever plans on being arrested for DUI, so many people aren’t prepared when it happens to them. Unfortunately, not being prepared can often lead these individuals to make mistakes that could affect the outcome of their case. Here are some of the most common DUI mistakes that all defendants should avoid:

Talking Too Much

Many DUI defendants panic and try to talk their way out of an arrest by apologizing to the police officer or explaining that they only had one drink. Don’t make this mistake. You have a right to remain silent—so use it! It’s important to realize that it is not possible to justify your decisions or talk your way out of being arrested for DUI. Stay quiet so you don’t say anything that can be used to prove your guilt later on.

Assuming Guilt

Most DUI defendants assume that if their blood or breath test results reveal they are intoxicated, they will automatically be convicted. But, this is not the case. Every defendant is presumed innocent until the prosecution is able to prove otherwise. There are a number of strategies that criminal defense attorneys use to defend their clients against these charges. Therefore, never plead guilty or admit that you are intoxicated simply because you feel it is your only choice.

Driving With A Suspended License

It can be incredibly inconvenient to have your license suspended. Not being able to drive makes it difficult to live your life, which is why many DUI defendants are tempted to get behind the wheel even though their license has been suspended. But, it’s best to resist this temptation. Driving with a suspended license can lead to additional penalties. Plus, this could be used in court to prove that you do not respect the law.

Not Hiring An Attorney

Every DUI defendant should be represented by an experienced criminal defense attorney. A DUI conviction can negatively impact your life in many ways, so you should do everything in your power to prove your innocence. Let an attorney protect your rights and fight to reach the best possible outcome in your case.

Have you been charged with DUI? The criminal defense attorneys at Reisch Law Firm are here to help. We will work tirelessly to poke holes in the prosecution’s case and fight for your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Common Myths About Spinal Cord Injuries

Common Myths About Spinal Cord Injuries

It’s important for spinal cord injury victims and their families to learn about these devastating injuries so they can make educated decisions about their healthcare and their future. However, there are a lot of misinformation about spinal cord injuries out there on the internet that can be misleading. Learn the truth behind these common myths about spinal cord injuries:

Myth: People With Spinal Cord Injuries Cannot Work

Spinal cord injury victims typically have to take time off of work to recover. However, many spinal cord injury victims are able to return to work within a year or two. Some of these victims return to the same job they held prior to sustaining the injury, while others find one that is less strenuous. It’s true that some spinal cord injury victims can never return to work, but this is not true of all victims.

Myth: Victims Do Not Lose Sensation or Motor Function Unless the Spinal Cord is Severed

Many people believe that victims only experience loss of sensation or motor function when the spinal cord has been completely severed. But, this is not the case. Any time the spinal cord is damaged, even if it is not completely severed, the victim may experience a change in their ability to feel or control the movement of certain parts of their body.

Myth: Most Spinal Cord Injury Victims Are Seniors

Falls are one of the leading causes of spinal cord injuries. Because seniors are known for being unsteady on their feet, people often assume that most spinal cord injury victims are elderly. However, the World Health Organization reports that males are most at risk of sustaining a spinal cord injury between the ages of 20 and 29. Females, on the other hand, are most at risk during their teenage years.

Myth: Doctors Can Predict How Spinal Cord Injuries Will Progress

Spinal cord injuries are unpredictable. Because of this, it can be difficult for doctors to predict what the victim’s life will be like in the future. Many victims will see a vast improvement in their condition after finishing rehabilitation. However, some spinal cord injury victims will never see a significant improvement. Spinal cord injury victims must take it one day at a time since it is impossible to predict how their injuries will progress.

Spinal cord injuries cause a great deal of pain and suffering. If you have sustained a spinal cord injury due to another person’s negligence, seek legal representation from the personal injury attorneys at Reisch Law Firm at once. Focus on your recovery while our attorneys fight for the compensation that you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.