McDivitt Files Class Action on Behalf of Residents Affected by Water Contamination in Fountain, Security, Widefield

water contamination lawsuit filed

On Thursday, September 22, 2016, McDivitt Law Firm filed a class action lawsuit against the 3M Corporation, the Ansul Company, Angus Fire, National Foam, Buckeye Fire Protection Co., and Chemguard on behalf of residents in the Fountain, Security and Widefield area of Colorado exposed to dangerous levels of perfluorinated compounds (PFCs) in the groundwater.

Lessons Learned: Motorcycle Safety Schools

promote motorcycle safety

Motorcycle related deaths are up again this year, according to the Denver Post and data from the Colorado Department of Transportation. Through the end of July this year, the fatality rate had increased by 14 percent since this time last year! This is a frightening statistic for our state’s bikers. The article goes on to note that of the deaths so far this year, 34 were not wearing helmets, which seems to be a growing trend throughout the country. In fact, motorcyclists without a helmet are 40 percent more likely to suffer a fatal head injury and three times more likely to suffer brain injury in a crash.

RoundUp Road Trip

McDivitt on the road

McDivitt Law Firm hit the road last summer to conduct Town Hall meetings in farming communities throughout the heartland on the dangers associated with the herbicide Round Up. In March of 2015 the International Agency for Research on Cancer announced that glyphosate is probably carcinogenic. We went on the road to let people know the possible dangers associated with using RoundUp.

Colorado Battles Drug Injuries Associated With Opioids

injuries due to opioid addiction

The Unites States continues to be in the center of an opioid overdose epidemic, and Colorado is no stranger to this. In fact, Colorado has the second highest prescription drug abuse rate in the country as of a 2013 report from the Substance Abuse and Mental Health Services Administration. According to the Centers for Disease Control and Prevention, opioids (including prescription opioid pain relievers and heroin) killed more than 28,000 people in 2014. Of this, at least half of opioid overdose deaths involved a prescription drug. This August, the U.S. Department of Health and Human Services even announced that it would award $53 million to fund 44 states, four tribes and the District of Columbia to help address the opioid epidemic.

Nursing Home Abuse and Neglect

Nursing Home Abuse and Neglect Prevention

You may have a loved one currently residing in a nursing home—a place you have put your trust into to care responsibly for your family member.  Unfortunately, there are times when nursing home abuse and neglect occur, and when it does it is devastating not only to the victim, but the family as well.  We… Read more »

NHTSA Data Shows Increase in Traffic Fatalities in 2015

Studies show increase in traffic fatalities for 2015

At the end of this August, the National Highway Traffic Safety Administration (NHTSA) released it 2015 traffic fatality data. It showed 35,092 deaths. This is a 7.2 percent increase from 2014. Sadly, these rates ended a 5 decade trend of decline in traffic fatalities in the U.S., according to the Department of Transportation (DOT).

Video Blog McDivitt News – September 2016

McDivitt Video News September 2016

In McDivitt News this month: Spring and summer have been a busy time at McDivitt Law Firm. We participated in several events at Centennial Elementary to wrap up the school year, held our annual Distracted Driving PSA contest, hosted Bring Your Kids to Work Day, and we won some awards! Check out the full recap in this month’s edition of McDivitt News.

Bedsores: How to Prevent Them

proper elder care to avoid bedsores

Bedsores, or pressure sores, are injuries affecting a person’s skin and the underlying tissue. They occur when there is prolonged pressure to the skin, creating a rash which can progress to something much worse. They usually occur over a bony area such as your heels, sacrum, hips, elbows, or ankles. Bedsores occur when pressure is applied to soft tissue causing blood flow to be obstructed to that tissue. They are common in those who are not moving, such as being bedridden.

Thinking About Avoiding Jury Duty?

serving on the jury

As a U.S. citizen there are really only three civic duties you should be doing. They are paying taxes, voting, and serving on a jury. Skipping over the first two brings us to jury duty, which many may feel to be a nuisance, but really, is it? Our right to a jury trial is one… Read more »

Back to School Time Means More Awareness

keep students safe

It’s back to school time, and that means the school buses are out on the road and children are at the crosswalks. Children are known to make risky choices sometimes, and the team here at McDivitt Law Firm wants to make sure the children of Colorado are kept safe. To ensure that those children going to and returning from school remain safe, here are some helpful tips for parents, kids and drivers to ensure children’s safety.

Lawsuit Seeks to Get Smartphone Companies to Use $1 Billion to Educate About Distracted Driving

lawsuit against smart phone companies

The Coalition Against Distracted Driving (CADD) filed a lawsuit against Apple, Samsung, Google, and Microsoft back in 2015 wanting an order that makes the companies implement a $1 billion program to educate drivers about the dangers of distracted driving while using a smartphone. CADD is a public interest group that states that its mission “is to promote effective and ongoing public education about the risks and dangers of distracted driving, thereby preventing injuries and saving lives.” As we are all aware, distracted driving continues to be a problem amongst drivers, especially when it comes to cell phone use.

What to Ask Your Attorney after a Car Wreck?

Legal questions after auto accident

You were unfortunately the victim of a car crash and you’ve decided to seek the help of an experienced personal injury attorney. Your first meeting with your attorney is coming up, and you’re wondering what to ask them. While it is extremely helpful for both you and your attorney to come prepared with some questions, do not worry if you don’t really have any or only a few. Your attorney may address most of your concerns before you ask anything. However, here or 10 questions we recommend that you ask your attorney after you have been injured in a car wreck:

5 Tips for a Good Deposition

deposition preparation tips

Your lawyer tells you that you’re going to have to give a deposition, and your first thought is, “What does that entail?” To begin, a deposition is a type of witness testimony that occurs outside of the courtroom and is transcribed in written form, and can also be video recorded. The purpose of a deposition is to obtain additional information in the discovery process, as well as, to use later in court if needed.

Understand Colorado Boating Laws For Smooth Sailing This Labor Day!

Colorado boating laws and water safety

It’s summertime in Colorado, a great time of the year to explore and enjoy the beauty and nature of our state For some of you that probably means heading out to the lakes, reservoirs, and rivers throughout the Colorado. But, before you go out for a refreshing dip and fun, let’s talk a little bit about how to keep your family safe out on the water, as well as, state boating laws and important safety measures.

Water Contamination in Your Own Backyard?

contaminated drinking water found in community

By now you have probably heard about the unfortunate circumstances affecting many of the residents in the Security, Widefield, and Fountain areas—that is the contaminated water situation. Back in May of this year the EPA announced that it had lowered the health advisory levels for certain perfluorinated compounds (PFCs), specifically PFOA and PFOS, to 70 parts per trillion (ppt). Previously the level had been set at 400 ppt. The advisory came due to the EPA’s concern regarding low birth weight in fetuses exposed to PFCs.

Super Cool Legal Songs

top songs with legal themes

Music, it’s all around us. It expresses our feelings, and our highs and lows. It sometimes even makes a statement or expression about the law. So, what better to honor the power of music by putting together a list of our favorite legal-themed songs? It’s a pretty great list (though possibly a little silly) ranging from rock, to pop, to folk. Here are seven of our top legal-themed song picks:

Elder Abuse: It’s More than Just Physical Abuse or Caregiver Neglect

Signs of elder abuse

By 2015, the elderly population of the world, that is, those over the age of 65, accounted for 8.5 percent of the total population. In the next 10 years we should witness an increase of about 236 million people ages 65 or older across the globe. Then, from 2025 to 2050, the older population is projected to almost double to 1.6 billion globally. With our elderly population increasing, we need to become more aware that elder abuse will unfortunately also be on the rise. It’s sad to think about that, but an increase in population means an increase in nursing home residents, and that means an increased chance of abuse. Facilities may also become understaffed and unable to properly care for residents.

And the Safest Driving State in the Country is…Colorado!

Colorado listed as one of the safest states for driving

According to Allstate’s annual America’s Best Drivers Report ®, Colorado has made the top 10 list more than any other state. The safest city in Colorado this year according to the report is Fort Collins coming in at 17, with Colorado Springs coming in at 21 and Lakewood at 33. On top of that, Thorton, CO recently joined the list as the 41st safest driving city in the country. Way to go Coloradans, for showing others how safe we can be driving. Some of the worst cities in America were Washington D.C., Baltimore, and Boston, which was number 200.

What Kinds of Injuries Should be Preventable in a Nursing Home?

preventable nursing home injuries

You may have a loved one who is in the care of a nursing home. A nursing home is there to provide the care and attention your family member needs; however, sometimes unfortunate events can happen to your loved one leaving them seriously injured. If nursing home abuse or neglect occurs, this can be devastating not only for your loved one, but your family as well.

U.S. Has the Highest Rate of Auto Related Fatalities Among High Income Countries

Rates of crash fatalities

A recent news release from the National Safety Council, shows that the United States has the highest rate of motor vehicle deaths among 19 high-income countries, according to the latest report from the Centers for Disease Control and Prevention. According to the CDC, more than 32,000 people are killed and 2 million are injured each year from motor vehicle crashes. Accordingly, it works out that about 90 people die each day in the U.S. from auto crashes. This results in us having the highest death rate in comparison to other countries. Those countries include Australia, Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Israel, Japan, Netherlands, New Zealand, Norway, Slovenia, Spain, Sweden, Switzerland, and the U.K.

CDOT Runs New Campaign—Killer Habit

The killer habit of distracted driving

At the end of July, CDOT announced that it is launching a new campaign as part of Drop the Distraction to combat the deadly activity of distracted driving. According to CDOT, last year, Colorado had 15,574 crashes and 68 traffic fatalities involving distracted drivers. This new campaign highlights what distracted driving really is—a Killer Habit.

Physics 101: Semi-Truck Braking

braking needs of semi trucks

We see semi-trucks quite often, especially on Colorado highways and interstates. Such vehicles are an important part of our economy, transporting millions of products every day. There is no question that we need to share the road with these vehicles, but large tractor-trucks are troubling when it comes to wrecks. Given the size and weight… Read more »

Statutory Employer, Who’s That?

definition of a statutory employer

Sometimes terms are thrown at you, and when you don’t understand them you can become confused and frustrated. If you have been injured on-the-job, terms and dates have probably come up that you just don’t understand, and now you are overwhelmed. One of those terms you may have heard is “statutory employer.”

Is Your Car’s Backup Camera Really Helpful?

safety issues of backup cameras

Many newer models of cars are now equipped with a backup camera. Along with the camera, many car crashes can be preventable if drivers take the proper precautions and are aware of their surroundings when backing up. According to KidsandCars.org, every year thousands of children are killed or seriously injured because a driver backing up did not see them. While kids may be the most common victims of these incidents, anyone can be injured and hurt due to someone’s negligence or recklessness while backing up.

How a Lawyer Can Help You Heal After an Accident

how a lawyer can help healing after an accident

A car wreck can be a very traumatic experience that leaves you in severe physical pain and potentially financial hardship. Our Team at McDivitt Law Firm fights for the rights of car crash victims every day, but fighting for their rights doesn’t just mean getting them the compensation they deserve. After you have been in a car accident it is extremely important that you focus on your healing, both physically and emotionally. However, you’ve probably never thought about how an attorney can help you with that process.

Vehicles with the Best and Worst Visibility

best and worst vehicle visibility

Consumer Reports recently released which cars have the best and worst visibility according to road tests. Unrestricted visibility is extremely important while driving. An unobstructed view is needed to avoid dangerous road hazards and to be aware of others on the road. However, many vehicles out on the road today have poorer visibility than you may think. This is due to the fact that people are looking for style over functionality, and sometimes safety.

Preventing Rollover Accidents

p;reventing rollover accidents

Any auto accident can be a traumatic event for those involved, but a rollover crash can be one of the more severe things that can happen to you on the road. While vehicle rollovers occur in only approximately 3 percent of all serious crashes, 33 percent of passenger deaths occur because of rollovers. Additionally, more than 10,000 people die a year in rollover crashes, according to the National Highway and Traffic Safety Administration (NHTSA).

Car Seat Design Flaw Kills, and Yet Nothing has Changed

dangers created by design flaw in car seat

CBS Denver recently did a piece on a flaw in the design of front car seats in many cars, and Colorado lawmakers who want to help change this. In the piece you discover how a 16 month old little girl was killed during a car accident when her family’s Honda Odyssey minivan was struck from behind. The seat in front of her broke and collapsed on top of her. She died from her injuries.

Did you Just Get Injured Catching Pokémon?

It’s official, everyone seems to have gone crazy about the new mobile app Pokémon Go, based off the original game and creatures from the Japanese show that was big in the 1990s. The app has made a resurgence with not only children of the 90s but with all age groups, and it’s led to some weird and sometimes scary incidents. For example, one young lady in Wyoming was walking along a river trying to capture a Pokémon when she came across a dead body. In another situation, one user was walking along, paying attention to his phone and fell down a ditch fracturing his foot.

Self-Driving Cars, are there Safety Benefits?

safety of self-driving cars

Earlier this year, I spoke to you about how new technology is creating self-driving cars and whether this technology could potentially decrease auto accidents. Well, by now you have probably heard about the tragedy involving a Tesla driver. The driver was killed while the Tesla Model S was in autopilot mode. This is the first reported death involving a self-driving car. It occurred when a tractor trailer made a left hand turn in front of the Tesla, which failed to apply the brakes. The National Highway Traffic Safety Administration continues to investigate the deadly crash.

Our Top 10 Picks for Legal Movies

top 10 picks for legal movies

Are you a movie buff? Do you enjoy sitting down on your couch with a tub of popcorn and a good movie? Have you thought about watching some really great legally themed movies? As an attorney, I might not always be in the mood for a legal drama, but there happen to be quite a few great movies out there, anything from the triumph of the little man, freedom from oppression, to prove that the American judicial system can bring justice to those who deserve it. Here are some of our Team Members’ favorite legal-themed movies.

Video Blog McDivitt News – June 2016

McDivitt Video News June 2016

In McDivitt News this month: Spring and summer have been a busy time at McDivitt Law Firm. We participated in several events at Centennial Elementary to wrap up the school year, held our annual Distracted Driving PSA contest, hosted Bring Your Kids to Work Day, and we won some awards! Check out the full recap in this month’s edition of McDivitt News.

On-the-Job Injuries to be made Public

on the job injury reporting requirements by OSHA

I recently read that the Occupational Safety and Health Administration (OSHA) has just enacted a new rule, one that will require employers in “high-hazard” industries to report directly to OSHA when on-the-job injuries or illnesses occur. OSHA will then post this information on their agency website. The rule will take effect at the beginning of next year, Jan. 1, 2017. OSHA hopes that “public disclosure will encourage employers to improve workplace safety and provide valuable information to workers, job seekers, customer, researchers and the general public.” Employer reporting requirements vary slightly depending on the number of employees, but the rule will apply to all employers, except for those with less than twenty employees.

Most Dangerous Times to Drive

As expected, being on the road during certain times of the day increases your chances of being in a car crash. This correlates to the times of the day where there are usually more cars on the road. Additionally, holidays often increase the number of drivers on the road traveling, as well as, the number of alcohol impaired drivers if it’s a holiday associated with drinking. Poor weather always contributes to car crashes too. That makes the summertime your safest time to drive as the weather is usually better. At least you don’t have to deal with icy or snow-packed roads then. However, let’s get a little more specific than these generalizations.

Your Heartburn Medication May Cause You Kidney Problems

heartburn medication causes danger to kidneys

Known to get heartburn or suffer from gastrointestinal reflux disease? You’ve probably turned to medications like Nexium or Prilosec. These brand names are common heartburn medications and many heartburn drugs are also available over the counter. They may even be sitting in your medicine cabinet at home right now. However, recent studies indicate the use of these medications, known as proton pump inhibitors (PPIs), may increase the risk for kidney disease.

McDivitt In The News – June 2016

McDivitt In the News Donovan Duran suit

In light of recently obtained police body cam footage, Donovan Duran was featured in a news story by KRDO about Mr. Duran’s injuries and lawsuit against a La Junta police officer. The suit claims excessive force was used by La Junta police officers during an arrest in which no charges were filed.

10 Tire Safety Tips Everyone Should Know

tire safety tips

One of the most integral and often overlooked parts of a car is the tires. They can also be one of the more dangerous aspects of a car if they are not properly maintained. Therefore, we all need to make sure that our tires are in the proper condition to ensure that we are safe on the road and also not a danger to other drivers. We’ve put together a top 10 list of tire safety tips that every driver and car owner should know.

For Teens, It’s the Deadliest Time of the Year

dangerous times for teen drivers

The AAA Foundation for Traffic Safety has released recent research that reveals the troubling behaviors behind distracted driving among teen drivers. You may not know this, but the time period between Memorial Day and Labor Day, which we are currently in, is known as the “100 Deadliest Days” for teens. As more teenagers are out on the road during the summer months, the number of fatal crashes involving teen drivers increases to an average of 10 deaths every day! That is 16 percent higher than the rest of the year. Given this information, it is imperative to highlight what type of distracted driving is most dangerous, in order to prevent it.

Whiplash: What No One Tells You About

facts about whiplash

Your first thought when you hear the word whiplash, is probably car accident. In fact, whiplash is a common neck injury that occurs after a rear-end auto accident. Whiplash can also be referred to as a neck sprain or neck strain, and is a type of neck injury that occurs due to forceful and rapid movement of the neck forward and backward.

Colorado Enacts Mandatory Reporting Laws for Elder Abuse

colorado-elder-abuse-laws

Colorado recently put into place new laws to help protect our state’s aging population. The tragedy of elder abuse is on the rise in the United States as the American population continues to age. Baby Boomers are turning 65 at a rate of one every ten seconds. In order to protect this population, Colorado, as of July 2014, put into place mandatory reporting laws. These laws ensure that those in the elder community are safe and cared for by requiring certain identified individuals to report any observations or reasonable suspicions of abuse of an at-risk elder to the proper authorities within 24 hours. Elder abuse can include physical abuse, sexual abuse, caretaker neglect, and exploitation of a person 70 years of age or older.

What You Need to Know About the Federal Nursing Home Act

Understand the Federal Nursing Home Act

In 1987, Congress passed the Federal Nursing Home Reform Act (FNHRA), which was intended to ensure that residents of nursing homes received quality care and attention. To improve quality care in nursing homes, the FNHRA provides certain services that must be available to each resident, as well as, establishing a Residents’ Bill of Rights. The Act covers those nursing homes that receive federal funding, such as through Medicaid or Medicare; however, additional state laws govern nursing homes as well.