Chalat Hatten & Koupal PC represents people throughout the state of Colorado who were injured in an accident involving a tractor trailer, large truck, tour bus, light rail, RTD bus, airport shuttle, or delivery truck.
Serving all Colorado since 1984, our experienced trial lawyers have built a reputation for personalized attention to clients and successful representation in seeking full compensation for serious injuries or deaths caused by accidents. Below are some representative samples of cases in which we achieved justice for clients and the monetary damages they needed to overcome the life-changing impact of the accident.
McCLELLAN v. JOHN PENNIE and YESCO
Mother and Grandmother Die from Car Accident Injuries. Husband Pursues Wrongful Death Claim
Court:
Confidential settlement reached.
Plaintiff's Counsel:
Chalat & Koupal PC
Facts
On the clear and sunny afternoon of December 28, 2000, Mrs. Sandra McClellan was driving her 1992 Jeep Cherokee northbound on Colorado 287 in Boulder County, Colorado. At approximately the same time, Mr. John Pennie was driving a 1999 Ford F-550 utility truck southbound on Colorado 287. Mr. Pennie was driving the utility truck as part of his duties as an employee of Young Electric Sign Company (YESCO.)
Mr. Pennie attempted to make a left hand turn onto eastbound Colorado 52 directly into the path of travel of Mrs. McClellan, without yielding the right of way to Mrs. McClellan, and collided into Mrs. McClellan's vehicle. Mrs. McClellan was trapped inside her vehicle after the impact. Paramedics responded to the scene, extracted her from the vehicle, and had her airlifted to a local trauma hospital.
Mrs. McClellan essentially experienced a crushing of her left side which resulted in coma followed by repeated surgeries and blindness in one eye. She ultimately died of her injuries on February 19, 2001. Mrs. McClellan was 60, a mother and grandmother, and an employee of 14 years at Call Connect where she worked as a physician-referral counselor.
Howard McClellan, her husband of 25 years, pursued a wrongful death claim against Mr. Pennie and YESCO. The actual damages in the case were about $1.2M. The claim was settled for a confidential amount in May of 2001.
L.Z. v. R.S. and E.M.S., Inc.
High Speed Tractor Trailer Crash Results in Traumatic Brain Injury - Responsible Driver Produces Driving Log with Double Entries for Various Days
Court:
Confidential reached before trial.
Plaintiff's Counsel:
Chalat & Koupal PC
Facts
A tractor trailer traveling at about 75 mph rear ended our client's vehicle on I-76 at about 11:30 p.m. Client was driving a 24-foot rental truck with an auto transport rig in tow. The top recommended speed for client's rig and tow was 45 MPH. The tractor trailer driver alleged that he did not see the tail lights of the truck or of the auto tow. The force of the collision pushed the client's truck and trailer off of the highway, across the median, across oncoming traffic and into a field. The tractor of the semi came to rest occupying our client's driver's compartment. Emergency personnel removed our client through the passenger door and transported him to the emergency room.
Our client sustained a traumatic brain injury. We filed the case in the United States District Court for the District of Colorado. The defendant claimed that our client was at fault for driving too slow (45 m.p.h.) and for not having tail lights. We subpoenaed the driver's NTSB log book and determined that the driver had made double entries on the days prior to the collision.
The Federal Motor Carrier Safety Administration establishes national regulations for maximum driving time and on-duty time for drivers of commercial tractor trailers. From the driver's bills of lading, and cargo records, we proved that he had driven many more hours in the two days prior to the accident than he noted in his driving log and that federal law permitted, supporting our claim that the driver's fatigue caused the accident.
The insurer for the trucking company paid a confidential amount to settle the case before trial.
High Speed Tractor Trailer Crash
Client Sustains Traumatic Brain Injury
Responsible Driver Produces Driving Log with Double Entries for Various Days
A tractor trailer traveling at about 75 mph rear ended our client's vehicle on I-76 at about 11:30 p.m. Client was driving a 24-foot rental truck with an auto transport rig in tow. The top recommended speed for client's rig and tow was 45 MPH. The tractor trailer driver alleged that he did not see the tail lights of the truck or of the auto tow. The force of the collision pushed the client's truck and trailer off of the highway, across the median, across oncoming traffic and into a field. The tractor of the semi came to rest occupying our client's driver's compartment. Emergency personnel removed our client through the passenger door and transported him to the emergency room.
Our client sustained a traumatic brain injury. We filed the case in the United States District Court for the District of Colorado. The defendant claimed that our client was at fault for driving too slow (45 m.p.h.) and for not having tail lights. We subpoenaed the driver's NTSB log book and determined that the driver had made double entries on the days prior to the collision.
The Federal Motor Carrier Safety Administration establishes national regulations for maximum driving time and on-duty time for drivers of commercial tractor trailers. From the driver's bills of lading, and cargo records, we proved that he had driven many more hours in the two days prior to the accident than he noted in his driving log and that federal law permitted, supporting our claim that the driver's fatigue caused the accident.
The insurer for the trucking company paid a confidential amount to settle the case before trial.
Pedestrian Killed when Run Over by an Intercity Passenger Bus
The pedestrian was at the lower downtown Denver intersection of Wazee and 15th. The intersection is plainly marked by crosswalks and pedestrian signals. He was proceeding NE with the walk light. The bus, finishing a trip which had originated in Raton, N.M., was turning left from a NE heading to NW. As he turned left, the side of the bus knocked the pedestrian down, and then pivoted over the pedestrian rolling over him. The pedestrian sustained massive head and internal injuries, resulting in death. He was unmarried and without children at the time of his tragic death.
49 CFR §395 Federal Motor Carrier Safety Administration regulations. Section 395.3 Maximum driving and on duty time. This Section states that:
(1) a driver cannot drive more than ten (10) hours following 8 hours off duty;
(2) a driver cannot drive at all after having been on duty 15 hours; and
(3) cannot drive at all after being on duty 70 hours in any 8 consecutive days.
"On Duty" is defined in 49 CFR §395.2 as the time a driver begins to work or is required to be ready to work until the time the driver is relieved from work. On duty time expressly includes driving time and time waiting at a terminal, but does not include time a driver spends driving his or her personal vehicle to report to work.
For the seven days preceding the accident, the driver's log reports showed that he was in compliance with the regulations. Nonetheless, the driver was ticketed, charged, and pled guilty to a careless driving causing death charge.
We represented the surviving parents. We advanced a the claim that the surviving parents could bring an economic loss claim for the financial support that their son would have been expected to make to his parents after their retirement.
Prior to filing suit, the insurer for bus company paid a confidential amount to settle the case, which included the statutory maximum for sorrow and personal grief of $341,250.00 plus the allowable medical, funeral expenses and also a compromised amount for the net pecuniary loss we had calculated. The firm charged a reduced fee under the circumstances. The parents used the funds to establish a scholarship in honor of their son.
Utility Truck Fails to Yield Right of Way and Crashes Head-on into Our Client's Vehicle
Client dies after extensive hospitalization
On December 28th a commercial Ford F-550 fitted with a lift, attempted an improper left turn from SB CO-287 to EB CO-52. The truck moved directly into the NB path of travel of our client's SUV. The truck crashed obliquely/head-on into our client's vehicle, trapping our client inside. Paramedics responded to the scene, extracted our client from the vehicle, and had her airlifted to a local trauma hospital. Our client remained hospitalized until her death approximately two months later.
Under Colorado law, our client's claims for loss of quality of life, pain, suffering, etc., were lost when she died i.e., her surviving spouse could not recover for those claims. We were able to make claims for the surviving spouse that included the maximum allowable under Colorado law ($341,250), plus an economic loss claim for the net pecuniary loss he sustained from her lost earnings, home services, and retirement savings/contribution. The company and its insurer paid in excess of $1million to settle the case with a portion of the settlement paid as a structure. Subsequent to the death of our client, we thoroughly investigated the medical care received at the rehabilitation facility where she was hospitalized. Although the records suggested that the patient had received an improper dosage of insulin, and was not monitored properly, the malpractice claim could not have achieved an improvement on the outcome from the underlying truck accident case.
Bicyclist hit by Automobile Parts Truck
Commercial trucks create significant safety considerations to our nation's highways, and increasingly in our intra-city traffic.
Each American truck will travel an average of 14,000 miles each year. This substantially increases maintenance demands for trucks, compared to autos, and increases significantly the average odometer reading of commercial vehicles compared to private autos. The result is that a significant portion of commercial trucks on the road suffer from lack of maintenance, wear, and safety concerns. Bald tires, combined with bad brakes, are a deadly combination on a heavy vehicle.
Momentum calculations are based on mass times velocity squared, and although speed substantially increases momentum, and therefore the lethality, of any vehicle. Trucks, because of their weight, have substantial momentum, even at lower speeds. The safety equation works means that bad brakes and tires become critical safety factors for trucks, even at low speeds. We have, nonetheless, seen moderate to no injury accidents involving seat belted auto drivers, in well made cars with airbags, and other safety features.
Bicyclists are, however, at a truck's mercy. Truck drivers have limited lines of sight, have higher tasking requirements, and are more likely when in city traffic to be at the end of a long haul, and at or over their permitted daily maximum drive time. We have never seen a "walk away" in a bike vs. truck accident. Reviewing some of the safety considerations and accident examples may help the reader avoid what could be a fatal bike accident. Alternatively, the reader could consider the duties of care set out here in determining whether to pursue a claim.
In a bicycle accident, or an auto accident involving a tractor trailer or commercial truck, it is especially important to hire an experienced lawyer.
A common bicycle/vehicle accident occurs when a vehicle, especially a truck with limited vision to the right and down, turns to the right at an intersection and strikes a bicyclist who is proceeding straight through the intersection while riding to the right of the vehicle. Usually, the vehicle driver is the at-fault party in such a case as the bicyclist is typically in the right when riding as far to the right as reasonably and safely possible. The driver of the car or truck must check his/her blind spot on his/her right rear before turning to the right when bicyclists (or for that matter pedestrians) are present.
In one such case we acted on behalf of a bicyclist who had the right of way proceeding through the intersection. An automobile parts truck attempted to make a right turn, without checking to see if the bicyclist (whom the truck had overtaken) was proceeding straight. The truck failed to yield the right of way to the bicyclist, and stuck the bicyclist, but did not roll over him. The bicyclist sustained a broken leg and severe abrasions in the fall. The bicyclist's leg healed well. He was released without restrictions. The insurance company for the automobile parts truck paid $45,000 to settle the bodily injury claim, plus all of the ambulance, hospital, medical and rehabilitation expenses of the bicyclist. Our fee was calculated solely on the bodily injury portion of the settlement, although we provided support and advice in connection with the medical claims and billings. With our encouragement and consent, the bicyclist settled on his own his property damage claim for his bicycle with the insurer, and no fee was charged for that portion of the case.
Other examples of bicycle cases we have handled include one on behalf of a professional rider/racer, who was riding legally on the right hand side. A driver joining the roadway from a private driveway did not look carefully and pulled out colliding into the bicyclist. In that case we settled for the policy limits of the driver's insurance, and then made a successful Underinsured Motorist Claim (UIM) with the bicyclist's own auto insurer. We have also represented cyclists in connection with race accidents, bike vs. bike accidents, and in wrongful death cases.
Contact our Colorado injury attorneys today.
"Past results are no guarantee of future results."
