Self-Driving Cars, are they an Answer to Auto Accidents?

safety factors of self driving cars

By now you’ve probably heard about the new technology concerning self-driving cars, and if you haven’t, that’s ok too, because here’s a little bit of information. Self-driving cars may sound like a futuristic fantasy, but they actually exist right now. In fact, Google currently operates these vehicles in California, Texas, and Washington. A self-driving car uses a computer to operate the car; no human interaction needed other than to program your drive.

Are You Paying More for Your Auto Insurance?

factors that impact cost of insurance

A recent press release from the Consumer Federation of America (CFA) comments on how auto insurance companies charge good drivers as much as 47 percent more for basic liability auto insurance if they don’t own their home! Based on an analysis by the CFA, it found that premiums average 7 percent higher (about $112 per year) for drivers who rent instead of own homes. This is a disadvantage for many people, since low-to-moderate income individuals are usually the ones to rent. Thus, they are the ones paying more for auto insurance.

Biases Against Bikers

biased against motorcyclists

May is Motorcycle Awareness Month, so I wanted to take the time to go over some biases people may have about motorcyclists so that we may all be more conscious about motorcyclists on the road. As more motorcyclists hit the road when the weather turns nicer, remember the saying: “Share the road.” Additionally, it is important to note that biases may affect motorcyclists trying to get compensated after a crash.

2016 Bring Your Kids to Work Day: McDivitt Law Firm Edition

McDivitt Law Firm celebrates Bring Your Child to Work Day.

Last Thursday, McDivitt Law Firm celebrated Bring Your Kids to Work Day with a lot of fun activities and learning experiences. McDivitt was excited to again host such a wonderful event, with this year’s theme being the Pixar movie, Inside Out. As part of the day, McDivitt planned many activities for the children to participate… Read more »

7 Tips to Avoid Hydroplaning

driving tips for wet roads

The wet weather is bound to come to Colorado. I’m sure we are all used to a summer thunderstorm. With that being said, I think it’s important to go over some safety tips to prevent accident on the wet pavement. Did you know that wet roads contribute to nearly 1.2 million traffic crashes each year? This is a scary statistic, and something we can all hopefully lower. Here are some helpful tips to help you avoid hydroplaning on a wet surface while driving.

McDivitt Honored as 2016 Best of Winners

McDivitt wins 2016 Best of Springs

McDivitt Law Firm and Mike McDivitt were both recently honored as 2016 “Best of the Springs” winners for Best Law Firm and Best Lawyer respectively. This year McDivitt Law Firm placed Silver for Best Law Firm, and Mike McDivitt placed Bronze for Best Lawyer. We are all truly honored to be chosen by the people of Colorado Springs in both categories and thank all who voted for us.

What You Need to Know about Powers of Attorney

what is power of attorney

A power of attorney is a legal document that appoints a person—an “attorney-in-fact” or agent—to act in your place for general or specific purposes. Usually, a power of attorney comes into play when you either become incapacitated in some manner, or if you can’t act on your own behalf for a particular reason. When we say “attorney-in-fact,” we do not mean an actual attorney, but like an attorney represents your legal interests, your agent under a power of attorney “represents” you. A power of attorney may be either general or specific in nature. These powers of attorney may either be durable or non-durable, and also springing. Here is a look at the differences:

10 Common Car Accident Injuries

comment car accident injuries

Some victims of car accidents can walk away without injuries to their person; however, many victims sustain complicated and critical injuries after an accident. The lawyers at McDivitt Law Firm work tirelessly for those who have been injured in auto accidents, and have seen clients with an array of bodily injuries. Nonetheless, there are some common injuries that many sustain in an auto accident. Here are some of the more common car accident injuries:

What Not to Wear: Courtroom Edition

what to wear in court

Let’s cover what to wear, and what NOT to wear when attending court. Don’t worry; when you appear in court you don’t have to dress to the nines, and you don’t have to dress like an attorney (in other words don’t worry about pulling out a three piece suit). However, dressing appropriately is not only respectful to the court, but it helps with your overall presence to the judge and/or jury. You don’t have to forgo comfort (I know appearing in court, especially for the first time can be quite stressful); however, you don’t want to show up in your pajamas either.

Pedestrian Fatalities Increased in 2015

A recent article in the Colorado Springs Gazette states that pedestrian deaths rose nationally to an estimated 10 percent last year. The article cites multiple factors that may have contributed. One factor cited as a possible reason for this increase, was the decrease in gas prices, which has put more motorists on the road. Another factor, the growing use of cellphones, which increases not only the number of distracted drivers, but the number of distracted walkers. And what should be a positive factor, the growing awareness of the health benefits of walking more could also be a potential factor.

Dangers of Blood Thinning Drugs and Devices

dangers of blood thinning drugs and devices

Blood thinners have been on the market for years, mainly in the form of the drug warfarin. Newer anticoagulants, like Xarelto and Pradaxa, are now on the market. These drugs can cause serious side effects and require that the blood’s ability to clot be monitored. There are medical devices out there that check the coagulation levels of the blood in order to prevent dangerous bleeding episodes.

Colorado, It’s Time to Buckle Up!

seat belt safety in Colorado

A recent article in the Denver Post, discusses how experts in Colorado are urging for stricter laws for drivers in Colorado. In an earlier blog, I noted that traffic fatalities have escalated in Colorado. Part of this seems to be due to the fact that drivers and passengers are not wearing their seat belts.

8 Things You Need to Know About Insurance Claims Adjusters

Colorado Insurance Claims

If you have been in an auto accident, then you probably know that you are going to have to deal with your insurance company. In fact you may have already contacted them, and either spoke to a claims adjuster or are expecting to speak with one soon. Well, be warned, the claims adjuster doesn’t have your best interest in mind. Here are eight things you need to know about claims adjusters:

How Does Medicare Affect My Auto Accident Claim?

colorado auto accident and medicare

The aftermath of an auto accident can be a difficult and intimidating time for the victim. As part of your recovery you will probably have to deal with hospitals and medical bills. And, as you most likely know, healthcare can be extremely expensive. In most situations, the at-fault driver’s insurance company will be liable for your medical care.

Essure Contraceptive Now Black Boxed

essure gets black label

Previously, I have written about the contraceptive device, Essure, a device implanted into the fallopian tubes to block and prevent pregnancy. Back in June of 2015, the FDA notified that it planned to hold a meeting with obstetricians and gynecologists in September to discuss the risks and benefits of this device. The meeting occurred, and… Read more »

Workplace Safety in a Galaxy Far, Far Away

workplace safety personal injury colorado

You may recall hearing during filming of Star Wars: The Force Awakens that Harrison Ford broke his leg when he was hit by a heavy hydraulic door. According to an article in People, the U.K.’s Health and Safety Executive (HSE), which is similar to the U.S.’s Occupational Safety and Health Administration (OSHA), has brought four charges of breaches of health and safety law against Foodles Production Ltd, a London-based subsidiary of the Walt Disney, Co.

10 Things to Look for When Buying a Car in Colorado


Thinking about purchasing a new car? Buying a car can be a grand undertaking and trying to find the perfect one can be grueling. You’ve probably scouted the internet learning facts about certain cars you are interested in. However, have you thought about what features to look for in a car that will be beneficial with the Colorado weather? Well if not, here are some helpful tips when thinking about what vehicle to purchase to drive on the roads of Colorado.

The Dangers of 4 Commonly Prescribed Drugs

Drug Dangers

Prescription medications: you see the ads on T.V. all the time, or you may have even been prescribed a few. However, many drugs while FDA approved, still have serious health risks that the drug manufacturer has not made you aware of. Here are 4 commonly prescribed drugs that could have the serious complications when used:

J&J to Pay $72 Million in Cancer Suit Over Baby Powder

Talcum Powder Law suite

Late February of this year, a jury in St. Louis, Missouri awarded the family of a woman who died of ovarian cancer $72 million. The woman claimed that Johnson & Johnson’s Baby Powder and Shower to Shower products caused her to develop ovarian cancer. The plaintiff, Jacqueline Fox, died of ovarian cancer before the case… Read more »

Do You Want Your Car Insurer Tracking You?

car insurance tracking device

There was a recent piece in the Wall Street Journal that discussed how insurance companies, like Progressive, are trying to get their customers to allow them to track their driving behaviors. The article discusses how companies are trying to figure out how to use location data (where the car is) that they gather in order to assess drivers. The companies get customers to install devices that track things like how far the customers drive and how often they hit their brakes. The companies are collecting personal data in order to draw some sort of conclusion about driving habits. Of course, the companies have to get consent from their customers to get this information.

David McDivitt Selected as Colorado 2016 Rising Star by Super Lawyers

David McDivitt 2016 Rising Star

McDivitt Law Firm is proud to announce David McDivitt has been chosen as one of Colorado’s Rising Stars in the practice area of Personal Injury in the Colorado 2016 Super Lawyers publication. The rating service ranks outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement…. Read more »

Corporate Defense Attorney Fights Back Against DuPont

Dupont Lawsuit

The New York Times recently did a piece on Rob Bilott, a corporate defense attorney, who has taken on the DuPont chemical company for chemical pollution. The piece introduces you to Bilott, a partner at Taft Stettinius & Hollister, who one day received a call from a farmer in Parkersburg, West Virginia, his grandmother’s hometown…. Read more »

McDivitt Gives Back: How I Give Back to Colorado Springs

McDivitt gives to community CASA

You’ve probably heard that attorneys often do pro bono work, but you probably think that means providing free legal services. However, I and many other attorneys, think of pro bono work as our way of giving back to our communities and that doesn’t necessary require providing legal services. As such, I have chosen to give back to my community here in Southern Colorado by being a Court Appointed Special Advocate (CASA).

Could Your Sleep Apnea Cause an On-the-Job Injury?

sleep apnea can impact work injuries

A 2015 study out of the University of British Columbia found a correlation between on-the-job injuries and those who have sleep apnea. Sleep apnea is a pretty common disorder where a person has one or more pauses in breathing while sleeping. These pauses can last from a few seconds to minutes. The most common sleep apnea is obstructive sleep apnea, where the airway collapses or becomes blocked while you sleep. For more on sleep apnea, check out the National Institutes of Health.

Dog Bites: The Working Dog Exemption

Dog Bite liability

Many of us love dogs, whether it’s our own dog or other’s; dogs are “man’s best friend.” Dogs are also useful in certain lines of work, whether it’s as a K-9 unit for the police force or for hunting or herding. So is there a difference if you are bitten by your neighbor’s pet dog or a farmer’s herding dog? Yes there is, and a recent opinion from the Colorado Court of Appeals, Legro v. Robinson, delves into how little nuances in the law can make all the difference in a case.

15 Items You Should Have in Your Car Emergency Kit

What to have in an emergency car kit

Bad weather, car trouble, or the unpredictable may happen while you’re out driving, particularly on Colorado roads. With unforeseeable events bound to happen at some point, it’s always best to be prepared. To make it a little easier on you if the unfortunate does happen and you get stuck or stranded on the road, we have put together a list of 15 items you should have in your car’s emergency kit.

Where’s Drug Money Going? To the Doctors

ProPublica database

ProPublica has an interesting tool which provides statistics on which doctors are receiving money from drug companies. The tool, called Dollars for Docs, has been around for a few years. Federal law now requires that pharmaceutical and medical device companies release details of their payments to doctors within the U.S. for promotional talks, research, consulting, and other reasons.

Potential “Reform” of Construction Defects Law Could Affect Consumer Rights

Home Construction Defects Reform

Over a year ago, I wrote to you about a City Council measure in Lakewood to amend Colorado’s construction-defects law. Now, state lawmakers intend to “reform” the state’s construction-defects law during this legislative session. Many lawmakers are looking for ways to increase the presence of condo builders in Colorado; however, in doing so they are making it harder for homeowners to bring legal action against these builders for faulty building practices. A recent article from the Denver Post that discusses this issue mentions that Lakewood, the first city to pass this type of law, has yet to receive a builder’s application for a condo project.

When Can I Start Driving Again After an Auto Accident?

When can I return to driving after accident

I often get asked by clients if they can start driving again after being a victim in a car accident. Many are worried how driving will affect their case; but really that’s not the issue. Getting back in the driver’s seat has no bearing on your auto accident claim. However, there are other issues that may affect you from getting back behind the wheel. There are both physical and mental issues that could hinder you from driving again.

Served with a Subpoena? What to do Next.

What to do if served a subpoena

You’ve just been served with a subpoena, what does that mean? Being served with a subpoena isn’t the same as being served with a lawsuit, so first just relax. A subpoena is a formal writ ordering a person to appear in front of a court. This is often to testify as a witness in a case. There are two types of subpoenas. A subpoena ad testificandum compels a person to attend and give testimony at a certain time and place as specified in the subpoena. A subpoena duces tecum requires a person to produce certain documents designated in the subpoena and may require appearing and giving testimony as well.

NFL Concussion Settlement in the Works

Football concussion suit

By now you’ve probably heard about the controversy surrounding football and brain trauma. Specifically, you may have heard of the disease known as chronic traumatic encephalopathy, or CTE. CTE is the focus of the recent Will Smith movie Concussion, and has been making headlines in the news. Also in the news lately has been the NFL concussion lawsuit settlement. A settlement fund has already been created that could award eligible retired NFL players up to $5 million each for injuries they sustained due to repetitive concussions while playing football in the NFL.

Vote For McDivitt Law Firm in the 2016 Best of The Springs

Vote McDivitt in 2016 Best of the Springs

The Gazette’s “Best of the Springs” voting is now open. By visiting the “Best of the Springs” website as shown in the video, you can vote for your favorite local businesses. Voting ends February 14th. And while you’re at it, vote for McDivitt Law Firm for Best Law Firm and Mike McDivitt for Best Lawyer. It’s always great to see how supportive our community is when choosing the nominees. We appreciate all who go and vote, and congratulations to all the nominees.

Manitou Springs High School Students Win PSA Portion of Drive Smart Colorado High School Traffic Safety Challenge

2016 Drive Smart PSA Winner

Congratulations to Aubrey Hall and Mia Elliott from Manitou Springs High School! They produced the winning PSA for the 2015-2016 Drive Smart Colorado High School Traffic Safety Challenge. For winning, the students presented certificates and a $500 donation for their school from McDivitt Law Firm. Their prizes were presented to them during an awards luncheon… Read more »

Traffic Fatalities Escalate in Colorado

Accident Fatalities in Colorado

The Denver Post recently covered CDOT’s release of statistics on traffic fatalities in 2015. According to the article, 545 people died last year in Colorado from a traffic incident. That’s an 11.7 percent increase from 2014, where there were 488 traffic deaths. This was the first year since 2008 that Colorado had more than 500… Read more »

Can I Go Back to Work after an Auto Accident?

when to return to work after accident

I often hear from clients who have suffered injuries in a car wreck the simple question, “Is it ok to go back to work?” Many clients are worried that going back to work could affect their auto accident claim. Rest assured that if you are capable of going back to work and the doctor has cleared you, then it is ok to return. However, let me delve a little deeper into this issue for you.

On the Field: Youth Sports Safety Tips

sport safety tips

Sports are a great pastime and for keeping in shape, but they are not without their dangers. In the past few years, it seems that the dangers associated with youth sports have been on the rise. And after watching the movie Concussion with Will Smith, which focuses on the discovery of chronic traumatic encephalopathy in football players, I felt the need to cover ways for us to keep our young athletes safe while letting them still engage in sports.

Making a Lawyer

Making a Lawyer

America is captivated right now with the Netflix documentary “Making a Murderer.” However, for many of us this documentary not only makes us cringe at the evidence presented in the case, but some of the lawyers presented in the case make us upset as well. So spoiler warning readers, if you haven’t seen “Making a… Read more »

What a Personal Injury Case Looks Like

Personal Injury Case

If you are the victim of another’s reckless or careless actions and are injured, you have more important things to focus on, such as your recovery, than your potential lawsuit. However, it is important to know what the process of a personal injury case may look like. Below is a step-by-step look at what stages a personal injury case may include. Remember, each case is different, and your case may not follow each step exactly.

Video Blog McDivitt News, January 2016

Video News McDivitt January 2016

McDivitt News, a monthly recap of the latest happenings at McDivitt Law Firm and around the community. In McDivitt News this month: One of our own was honored by the American Institute of Personal Injury Attorneys. Our team came together with donations for Toys for Tots and Rocky Mountain Kids. Plus info on our annual Safe Ride program and our trip to a Denver University Hockey Game.

Top Auto Safety Picks for 2016

safe cars in 2016

2016 is upon us, and I thought it would be nice to start the year with the Insurance Institute for Highway Safety’s Top Safety Picks. The IIHS conducts vehicle tests every year to determine a car’s “crashworthiness,” or how well a vehicle protects its passengers when in a crash. The IIHS has broken down the picks in either a Top Safety Pick or a Top Safety Pick+. In order to be a Top Safety Pick, a vehicle must earn good ratings in the five crashworthiness tests as well as a basic rating for front crash prevention. To qualify for a Top Safety Pick+, a car must earn good ratings in the five crashworthiness tests and an advanced or superior rating for front crash prevention.