Colorado Bicycle Helmet Law May Reduce Brain Injuries

Recent legislation passed by the Colorado House of Representatives may require children under the age of 18 to wear a bicycle helmet while riding. The close vote, 33-32, brings the bill one step closer to becoming a law as it heads to the state senate chambers. This comes days after the state's governor, Bill Ritter, was treated for significant injuries related to a bicycle crash.

Proposed by Fort Collins Democratic Rep. John Kefalas, House Bill 1147 in voted into law, would make Colorado the 23 state, including the District of Columbia, to require youth bicycle riders to wear a helmet. Close to 200 local laws, also exist as an attempt to curb the number of bicycle-related injuries that occur annually.

Helmet Laws Reduce Medical Costs

The Child Safety Network reports that close to 200 children under the age of 15 die each year from a bicycle-related injury. Each year, close to 9,000 children are hospitalized and 344,000 additional children are treated in emergency rooms for injuries sustained from a bicycle accident. Because bicycle helmets can prevent 52 to 60 percent of bike-related traumatic head injury deaths, 68 to 85 percent of nonfatal head and scalp injuries and 65 percent of upper and middle face injuries, helmet laws are anticipated to drastically reduce total medical costs nationwide for bike-related injuries, especially those involving a traumatic brain injury.

A traumatic brain injury that is sustained during a bicycle accident carries heavy financial burdens. These type of injuries can result in costly medical bills, reduce future earnings due to permanent disability and impact overall quality of life costs. The CSN estimates that "if 85 percent of all child cyclists wore helmets in 1 year, the lifetime medical cost savings would total $197 to $256 million.

The Colorado government is estimated to save $110 per year in medical costs for each helmet that is worn - a figure that could result in $1 million a month in savings.

Traumatic Brain Injuries and Children
According to the United States Center for Disease Control, the following statistics reveal the number of children age 0 to 14 who fall victim to a traumatic brain injury:

* 2,685 deaths
* 37,000 hospitalizations
* 435,000 emergency department visits annually

Preventative measures to reduce the number of brain injuries that occur each year would be fiscally beneficial and would help improve the quality of life for active children - ensuring their safety during the activities they love. Preventative measures are anticipated to reduce the number of traumatic brain injury lawsuits filed by those seeking monetary compensation.

Colorado Personal Injury Lawyers - New Colorado Insurance Law Punishes Unreasonable Delay and Denial

Colorado's New Law Regulating Insurance Companies for Unreasonable Delay and Denial-Effective August 6, 2008

The new law provides Colorado citizens the power to make sure insurance companies pay claims in a reasonable and timely manner.

What is this new law? House Bill 08-1407. The objective of the law is to put a stop to unreasonable denials or delays by insurance companies. The law increases the penalties on insurance companies for their unreasonable conduct with respect to claims.

"A first-party claimant whose claim for payment of benefits has been unreasonably delayed or denied may bring an action in a district court to recover reasonable attorney fees and court costs, and two times the covered benefit."

Who benefits from the new law? Colorado citizens claiming insurance benefits from their own insurance company. Injured people in Colorado have been powerless to bring large claims against insurance companies because attorneys' fees could eat up much of their settlement money. The new law provides Colorado citizens the power to make sure insurance companies pay claims in a reasonable and timely manner by requiring unreasonable insurance companies to pay the owed benefits, double damages, and attorneys' fees.

For example, let's say your claim has damages of $30,000 and the insurance company unreasonably delayed or denied the claim. Under the new law you could receive double the $30,000 plus attorneys' fees (let's say $10,000). Therefore the insurance company would have to pay you $70,000 ($10,000 of which would pay your attorneys' fees) for their violation of the new law.

"A person engaged in the business of insurance shall not unreasonably delay or deny payment of a claim for benefits owed to or on behalf of any first-party claimant."

What type of insurance companies can be penalized by this new law? The law applies to health insurers, disability insurers and nearly any other kind of insurance. The law does not apply to workers' compensation insurance, life insurance and title insurance. If you believe that workers' compensation, life insurance, and/or title insurance has unreasonably denied your claim you cannot use this new law, however, you may be able to use other laws to help you seek benefits.

When does the new law go into effect? The new law goes into effect on August 6, 2008. However, the language of the law is not clear as to how that date practically plays out. It is unclear whether the law applies only to claims after August 6, 2008 or if it applies to claims that have been ongoing for the past year or two.

If you'd like to view this Bill:

go to Colorado General Assembly website http://www.leg.state.co.us/
Follow the "Bill Digest" link
Go to 2008 Bill Digests
The "Digest of Bills - 2008" is categorized; follow the "Insurance" link