Metier Law Firm Personal Injury Blog

TL;DR - Key Takeaways:

• Collect evidence immediately at the scene including photos of all vehicle damage, license plates, witness contact information, and police report numbers while minimizing verbal interactions that could admit fault.
• Seek medical evaluation the same day as the crash and document every symptom regardless of severity, as undocumented injuries in medical records cannot support injury claims later.
• File claims with both insurance companies but refuse to give recorded statements to the at-fault driver's insurer, as adjusters use casual responses like "I'm fine" against claimants.
• Never accept quick settlement offers before reaching maximum medical improvement, as signed releases prevent reopening claims for additional treatment costs that emerge later.
• Document all life changes and insurance interactions in writing while avoiding social media posts, as any content can be taken out of context and used to minimize injury severity.

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1. Collect any evidence you can

In most car accident cases, you only need to provide the other drivers with your name and insurance information. While you may want to discuss the details of the accident with the other driver, keep your interactions to a minimum so you don't accidentally admit guilt, blame the other driver, or reveal your insurance policy limits.
Although the police will gather this information for the police report, you should try to gather the following information while on the motor vehicle accident scene:

• The other driver's name and insurance information, including policy number and insurer phone number.
• If the other driver is willing to provide it, their phone number.
• Contact information for the witnesses.
• The officer’s badge number and name. 
• Ask the officer for the police report or incident number – you’ll need this later.

2. Take pictures (and video) of the accident

You should meticulously document the car accident scene. Instead of taking selfies, flip the camera around and take photos and video of the car crash scene. Here's a rundown of everything you should record:

• Photographs of all damage, including that to the other driver's vehicle.
• Photograph of the license plate of the other driver.
• The accident's date and time.
• Personal notes on what happened, including your speed and road conditions. Draw a diagram of the scene and how the accident occurred, including the direction each vehicle was traveling, if possible.

Some insurance companies, provide free smartphone apps to assist you in documenting the details of a collision.

3. File a claim immediately and with both insurance companies (Yours and theirs) –

Our car accident attorneys have found that property damage claims are often resolved faster and more thoroughly when you file a claim through your own insurance. If your injuries will require additional follow-up appointments and treatments, having reliable transportation will make it much easier to get to and from your appointments. 

If the other driver’s insurance has lapsed or doesn’t cover your medical costs, they will already be aware of your car accident. Don't be afraid to use your own insurance. It is there to be used when needed.

4. Don't give statements to the other driver’s insurance company –

The other driver’s insurance company wants to pay you as little as possible. Anything you say to them will likely be recorded and used later against you. 

A lot of people reflexively respond positively to opening questions like “How are you” or “How is your day going.” Many communication experts have blog articles or YouTube videos titled “Stop saying ‘I’m fine’” because so many people reflexively say it. 

When you file your claim, only provide facts about the crash (where it happened, who was involved, what the police report number is, etc…), and that you are injured (if you’re actually injured). Let a medical professional determine which injuries you have and don’t have and more importantly, let your medical records provide information about your injuries. 

No matter what they say, you can refuse to give a recorded statement until you are 100% ready. You can even request that the adjuster communicate through email instead of talking over the phone. If you are working with your own insurance, then you must work with them. 

5. See a Doctor immediately

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Go to an emergency room, urgent care or see your primary care physician ASAP. Going the same day as your crash is ideal. The faster you get diagnosed, the faster your injuries can be treated. 


Your health takes priority over everything else. Our Car accident attorneys have had cases with injuries that seemed very minor – at first. After a few days or weeks, they became forgetful, suffered headaches and showed other symptoms of an undiagnosed traumatic brain injury. 

Even if you don’t think you’re injured, let a doctor confirm it. The best case is there are no injuries and you get reimbursed for the visit in your settlement. The worst case is the doctor diagnoses you with an injury (or injuries) and you begin medical treatment.  Neither is a bad scenario.
Any delay in diagnosis will delay treatment and healing, but also gives the insurance company an opportunity to say your injuries were not a result of the car crash - and deny your personal injury claim.

6. Tell the doctor about EVERY issue you have from the crash –

Remember this phrase : If it is not documented, then it does not exist. 

Some car accident injuries may not even be painful but display other symptoms like numbness or loss of mobility. If it didn’t exist prior to your car crash, have the doctor or nurse chart it.  

No issue is too small. You likely won’t need to tell the doctor about anything visible such as cuts or broken bones, but sometimes people overlook less painful injuries when talking with medical professionals immediately after a crash. 

Remember that we need to let your medical records tell the insurance company about your injuries. If it isn't in your medical records, it doesn't exist. 

7. Exhaust all benefits –

MedPay, PIP, and UIM/UM are parts of the car insurance policy you’ve been paying for. Now it’s time to use them. 

Medical Payments (MedPay) and Personal Injury Protection (PIP) can provide a lot of financial assistance after a crash with minor injuries. Besides paying for medical bills, they can help you pay for any temporary medical equipment such as slings and braces, but can also be used to reimburse you for other treatments such as massages, accupuncture, etc...  

Depending on the state you live in, these benefits may not have to be repaid with your settlement unlike your health insurance.

If medical treatments for you injuries exhaust the other driver’s policy limits, your Underinsured and Uninsured Motorist coverage is there for these situations.  With the high cost of medical treatments, the state minimum insurance coverage likely won't be enough for any serious injury.
If you’re reading this and do not have MedPay or UIM/UM coverage with your car insurance, we highly suggest adding them. 

For severe injuries, a car accident attorney will guide you on exhausting these resources to pay for your treatment before discussing alternative methods to pay for your medical treatments.  

8. Use your health insurance –

The coverage from Car Insurance policies won't pay for medical treatments as you treat. The insurance coverage you'll rely on while treating will likely be your own health insurance.

Some medical providers will attempt to bill the other driver’s car insurance or your car insurance for MedPay or PIP. If they do this and don’t get paid, then you may find yourself in collections for bills that you thought were being paid by your health insurance. 

Our Colorado car accident attorneys have seen this many times. The stress from a collection agency can pressure you into accepting a low settlement.
Stay on top of the billing and direct your providers to bill your health insurance to prevent this. 

You will have to repay your health insurance company with your settlement. Keep this in mind especially when a settlement offer is presented.

9. Don't settle quickly –

It isn’t uncommon for the insurance adjuster to make a settlement offer quickly.  Don’t accept it. 

You need to heal fully before accepting anything. Once you accept an offer and sign releases, you cannot open another claim for the crash.  

If you accept an early settlement and your injury requires additional treatment because it didn’t heal properly, you can’t ask the insurance company for more money.  
 

10. Document every change in your life –

Any pain (no matter how small), digestive issues, sleepless nights, anxiety, sexual changes, etc… document anything new after your car crash.

Your claim may take months or more than a year to finalize. When you probably can’t remember what you ate for dinner last Tuesday, this will be your way of providing a history of how the crash impacted your day to day life.  
It will be evidence, so don’t write anything you won’t want read in front of other people.

11. Document every interaction with the insurance company –

Anytime you have to deal with the insurance adjuster, write it down. Insurance adjusters know that people forget things – and some may even use this to their favor. 

When you talk with the insurance company, take note of:

• Date/time
• Who you spoke with
• What was discussed
• Any letters/documents sent/received

If you’re waiting for a response about something, a common tactic for adjusters is to say they never got your voicemail/email or don’t know what you’re referring to. You can simply look at your journal and give a definitive answer.  
 

12. Social media is not your friend –

Anything and everything you post will be scrutinized and used against you. 

You may drive to Winterpark for a family weekend and post a photo of a fireplace and cup of hot cocoa. While you may spend the entire weekend on the couch reading or binge watching TV while your family hits the slopes, but an adjuster may see it as a sign that you’re not as injured as you claim if you were snowboarding all weekend.

Once something is posted online, whether it looks bad or not, you can NOT remove it. This could be even more damaging than leaving it online.  

Stay off social media to play it safe. If you absolutely have to get on it, be VERY cautious what you post. You never know what can be taken out of context.  

Consult with a car accident attorney –

It may be surprising to hear this from attorneys, but car accident attorneys aren’t needed for every crash and every injury claim. You may be offered the maximum payout allowed (policy limits) or you may have a minor injury claim. 

Severe injuries and certain types of cases (ex. Truck accident) are situations where experienced car accident injury attorneys are needed. If you aren’t sure whether you need an attorney or not, please call our car accident attorneys about your case. Metier Law Firm offers free consultations for car accident and other personal injury claims. 

The 2022 Holiday season is expected to be one of the busiest for travelers on roads and highways. Unfortunately, the holiday season is also one of the busiest for car crashes too.

According to AAA, more than 54 million people were supposed to drive 50 miles or more for Thanksgiving - the busiest since they started keeping track in 2000. The same is expected for the holidays this month.

Based on historical and recent travel trends, expect the greatest amount of Holiday traffic congestion before Christmas – Dec 21 through Dec 23 – in the late afternoons.  If you must be on the road, the best time will be after 7 p.m. on Dec. 23 or before 1 p.m. on Dec. 24.

As people head home from Christmas and Hanukkah celebrations, you should also expect plenty of traffic Monday, Dec. 26 in the early afternoon from travelers that will get compounded in the late afternoon by commuters leaving work. 

The days with the least amount of congestion should be Christmas day (Dec. 25) and New Years Day (Jan 1).  

A full list of the best and worst times for traffic are below.  

5 Tips to avoid car crashes during 2022 Holidays

Plan your route

As a general rule, it's best to avoid traveling through any major city during peak travel times.  If you absolutely need to be on the road, reduce your chances of a car crash by avoiding the most dangerous intersections in Denver, Colorado Springs and Fort Collins.  

Map apps make it easy to program your route, check traffic, and adjust accordingly. Many apps have features that allow users to set arrival times and stops along the route.

Time your departure to avoid traffic

If you cannot avoid driving through a major city, you can at least plan your trip during the best times to drive over Christmas. to drive when the roads have the fewest number of other vehicles. 

The recommended times to begin your drive are typically after the morning commute but before the afternoon congestion. The roads will likely have fewer drivers.

Speeding is one of the most common causes for car crashes. Planning your departure with enough time to get to your destination means you can take your time and drive safely.

Pack your car early

Many people complete their road trip preparations the day of departure.  Preparations can include wrapping gifts, packing overnight bags or getting fuel. 

Anything that does not ABSOLUTELY need to be done immediately before leaving your home should be done the day before.  To save time and alleviate stress, finish any task the day before your trip. 

If you can’t pack the car the night before, put everything you will be taking with you by the front door before going to bed.  Instead of frantically packing your bag the morning of and worrying that you forgot something like a phone charger or your son, Kevin, you can casually pick up your fully packed bag(s) on the way out the door.

via GIPHY

Secure loose items

Many gifts have been crushed and delicious food dishes ruined from a bag falling onto them while driving on a curve or stopping too suddenly.  Loose items in your car can also be dangerous to passengers in crashes – particularly rollover crashes.  Use your trunk or covered cargo area of your vehicle for luggage and loose items. 

Bungee cargo nets are a great way to secure any loose cargo, and if you find that you need more room, there are many affordable cargo carrier options that fit into trailer hitches or roof racks. 

Be prepared for the worst

Over the next couple of weeks, make sure your vehicle is ready for winter conditions. Monitor tire pressure, test the battery, replace windshield wipers and make sure all headlights and brake lights are in working condition.

In case of an emergency, be prepared by keeping a cell phone charger and fully charged battery bank in your vehicle at all times. Carry an emergency kit with a flashlight, jumper cables, a first-aid kit, sleeping bags, gloves, a battery-powered radio and extra water.

Best and Worst times to drive during 2022 Holiday Season

Talk to our Colorado Car Accident Attorneys

If you find yourself to be the victim of a careless driver this Holiday season, contact Metier Law Firm today for help with your injury claim.  We have over 40 years experience fighting for people who have been seriously injured in car crashes.  Talk to one of our legal team members today about your car accident during a free consultation.  

TL;DR - Key Takeaways:

• Denver's five most dangerous intersections based on 2018-2019 crash data are West Mississippi/South Santa Fe, West Colfax/Speer Boulevard, West Mississippi/South Platte River, West Evans/South Federal, and West Alameda/South Federal.
• Three primary factors contribute to high accident rates at these locations: heavy traffic congestion, complex multi-lane configurations with asymmetrical angles, and ongoing construction projects.
• Most Denver car accidents occur between 5-6 PM during evening rush hour, with morning commute and lunch periods also showing elevated crash rates due to increased traffic volume.
• Rear-end collisions account for more than half of all accidents at these intersections, primarily caused by following too closely, distracted driving, and aggressive driving behaviors.

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Driving in Denver has gotten progressively worse. Our highways are congested by hundreds of reported crashes each day throughout the metro area. These collisions result in twisted metal, shattered glass, and for many people, injuries.

The crashes aren't even spread across the city as only a few intersections are where accidents happen regularly. This suggests that you might wish to avoid these areas or approach them cautiously and with an understanding of why these crossings are so risky.
 

The Facts About Dangerous Intersections

Our information on the most hazardous junctions was produced by Westword between 2018 and 2019 using data from the Denver Police Department. The advantage is that they are precise figures, but the drawback is that they are all in Denver. With the Denver Metro Area being so much larger, there's still a possibility that even more dangerous intersections exist. These are the intersections with the highest car crashes in Denver:

1. West Mississippi Ave and South Santa Fe Dr

2. West Colfax Ave and Speer Blvd

3. West Mississippi Ave and South Platte River Dr

4. West Evans Ave and South Federal Blvd

5. West Alameda Ave and South Federal Blvd

Why Are These Intersections So Dangerous?

The information needed to precisely understand why these areas have so many car accidents is, unfortunately, more complex to compile. However, three common aspects about these intersections may help people understand why they're so dangerous and how to avoid car crashes: Congestion, Complexity and Construction.

Congestion

Anybody living in the city knows car accidents have increased in Denver - along with the traffic volume. More vehicles on the road means a higher possibility of a car crash.
Most car accidents in Denver happen between 5 pm and 6 pm - when many people commute. Morning rush hour and around lunch are two other time periods with significantly higher crashes than others for the same reason.
Since there are so many vehicles on the road, many drivers tend to follow excessively close to the vehicle ahead of them. More than half of all auto accidents include a rear-end collision. Distracted driving and aggressive driving play significant roles in these car crashes.

Complexity

The top two intersections in this report aren't simple 4-way intersections. These are substantial multi-lane crossroads in both instances that aren't intuitive to many people.
Several turn lanes, asymmetrical angles, and slightly unusual signage make these intersections confusing to many who are new to the area and dangerous with a high volume of traffic.

Neither of these intersections are isolated and serve as entrances to or exits from larger roadways. People are getting on and off I-25 or navigating the longest continuous street in America, Colfax Ave.

Construction

With our rapidly growing population, we continuously have a variety of construction projects to try to accommodate the steadily rising number of vehicles on Denver's roads. These crossings are already tricky and congested because many of them have been under development for years.

Have you been in a Denver car accident?

Our Denver car accident lawyers care deeply about your wellbeing and will act solely in your best interests at all times. Car accidents can have a variety of causes, such as poor driving conditions, weather, malfunctioning tires or brakes, and excessive speed. You will have access to Denver car accident attorneys with experience in all of the aforementioned factors as well as a wide range of car accident injuries when you select Metier Law Firm as your Denver car accident law firm.
 

Metier Law Firm Is Here To Help

We are aware of the hardships an automobile accident and the days, weeks, months, and even years that follow can bring. We'll give you a free, no-obligation consultation with a personal injury lawyer to make things as simple as we can for you. Additionally, our personal injury lawyers are compensated on a contingency fee basis, which means that their fee is based on a portion of the money they are able to recover. Until money is actually collected for you, there is no cost. Get in touch with us right now to begin working with a car accident attorney.

Original article was published on May 27, 2002 in Lawyers Weekly USA 

By Bill Ibelle

Greg Gold was 26 years old and just two years out of law school when he took on a routine fender bender that ended up costing $100,000 to litigate.

“I expected a quick settlement on this case,” said Gold, who works in a four-lawyer firm outside Denver.  “This was as standard a case as you can get: A rear-end accident in which a woman was treated by a chiropractor for neck injuries.”

But State Farm Insurance refused to settle, finally giving a low-ball offer of just $2,000.  So Gold and co-counsel Thomas Metier took the case to trial – one that ended April 24 with a stunning verdict of $1.5 million.

They did it using a host of unusual courtroom tactics that included a cow’s brain and word associations on the witness stand.

But as the case developed, the chances of success often seemed remote.  The accident occurred at only 5 mph and there was no visible damage to the plaintiff’s vehicle.  Nor was there any indication at the time that the plaintiff was severely injured.  She didn’t seek medical treatment and continued working for another two-and-a-half months.

When she did finally go to the emergency room two months after the accident complaining of headaches, blackouts and seizures, she never even mentioned the accident.  To cap things off, the defense had evidence of past drug use and possible abuse as a child.

But the low point for Gold came on the day the case was scheduled for trial.  He hadn’t teamed up with Metier yet, and had already pumped about $37,000 into the case.

“This was high stakes poker,” said Gold.

While Gold argued pretrial motions, his client told him she was going downstairs to grab something to eat.  But when Gold went to bring her back for jury selection, she was nowhere to be found.

“We searched everywhere.  I called her mother, I called her sister, I called her boyfriend – no one knew where she was,” he said.  “Meanwhile the judge is asking me where on Earth my client is.”

Before Gold could locate his client – who he later learned had gone home with a headache and fallen asleep – another crisis arose.  The defense had just located a witness in Oregon who had the potential to blow Gold’s case out of the water.  Since the court could not compel the witness come to Colorado to testify, Gold and defense counsel John Rodman deposed her via conference call.

The witness, who was the plaintiff’s former boss, said the plaintiff suffered from confusion and memory loss prior to the accident.  If this was true, Gold’s case was a bust.

“Needless to say, it wasn’t my best day,” he said.

Gold was granted a continuance, but that didn’t end the string of unsettling news.  Soon after, Gold got a call from a defense counsel urging him to dismiss the case and warning him that if he failed to do so, he would take action against him for filing a frivolous lawsuit.

“He said, ‘When this is over, I’m going to sue you – not your client, not your firm, but you individually – for the cost of trying this case,” recalled Gold.  “I told him that was absurd and changed the topic.  But I can tell you, I thought about it that night – and for the rest of the year.”

Within days of the continuance, Gold contacted Metier and asked for help.  The hurdles seemed overwhelming – no car damage, a potentially lethal defense witness, evidence of drug dependency.

“I already had $35,000 invested in the case and it was going to be at least another $35,000 before I was done,” he said. “I couldn’t see over the mountains.”

A 5 MPH Collision
On the morning of April 10, 1997, 25-year-old Sunserea McClellan left her home outside Denver in a snowstorm.  As she drove down the hill, she saw a truck fishtailing ahead of her and put on her brakes. Moments later she was rear-ended by the defendant, Charles Goodwin.

Gold started the case with some pretty solid facts.  Although the plaintiff didn’t seek medical treatment the day of the accident, she did go to a chiropractor complaining of neck pain two weeks later.

“The chiropractor’s records note nausea, blurred vision and headaches – all of which are classic signs of a closed head injury,” said Gold.

Two months after the accident McClellan went to the emergency room complaining of blackouts and trouble concentrating.  She was diagnosed with complex partial seizures.  Eventually, the plaintiff had to leave work because of her confusion and inability to keep things straight.

Although the defense wanted to paint McClellan as a malingerer, Gold had his client’s work history working for him.

“She was a single mother with two small kids and prior to the accident, she was working three jobs to support them,” he said.

Before reporting for her full-time job as an assistant manager in a glass plant, McClellan worked as a janitor from 6 a.m. to 8 a.m. Then on every other weekend, she worked a 48-hour shift as an EMT for an ambulance company. 

As the litigation progressed, Gold also secured testimony from one of the region’s most respected doctors saying the plaintiffs injuries were real and were most likely caused by the accident. 

Gold expected State Farm to settle for the $100,000 policy limits, but the company refused.  In fact, they refused to even make a counter-offer until a few weeks before trial, when they offered a mere $2,000.

The Defense
State Farm’s attorney, John Rodman, did not return phone calls to Lawyers Weekly USA, but Gold said the company mounted a multi-tiered defense:

• The defendant didn’t cause the accident.

The defense emphasized that the accident occurred at low speeds during a snow storm and that their client was not at fault because McClellan came to a sudden stop for no reason.

• The plaintiff wasn’t injured

Even if the defendant was liable for the rear-end collision, the defense argued that the plaintiff was not seriously injured in the accident.They noted that there was no visible damage to the plaintiff’s car and only $500 in damage to the defendant’s car.

Furthermore, they argued that the complete absence of bumper damage indicated the cars were moving very slowly when they hit.

The defendant’s bumper was rated at 5mph and our client’s bumper was rated at 2.5 mph,” said Metier, who practices in a three lawyer firm in Fort Collins, Colo.“Based on the lack of bumper damage, they argued that the accident certainly happened at less than 5 mph and probably at less than 2.5mph.”

As for the diagnosis that McClellan suffered from complex partial seizures, the defense argued that these were “pseudo seizures” – a condition that is triggered by psychological problems rather than physical ones.They brought in experts who testified that the symptoms of pseudo seizures mimic those of true epileptic seizures so closely that few doctors can tell the difference.
 

• The injury was caused by an earlier accident.

If the jury concluded the plaintiff had been seriously injured, the defense contended that those injuries were caused by an earlier accident.This was where the testimony of the last-minute witness proved critical.

During her deposition, McClellan’s former boss said that she began noticing the plaintiff’s confusion and blackouts several months prior to the accident.She said she became concerned when McClellan had trouble operating software she had been working with for years.

She claimed this began about the time McClellan, while working her other job as an EMT, fell and hit her head while unloading a patient from an ambulance.That incident occurred six months before the accident.
 

• Other possible causes

The defense also raised several others possible sources of the plaintiff’s alleged injuries – each of which also served to cast her in a negative light.

The first was that she had been a victim of child abuse and that this trauma could be the source of her pseudo seizures.The defense based this on reports showing that McClellan had been placed in foster care as a child following allegations of abuse.

The second issue raised by the defense was drug abuse.McClellan admitted to using marijuana and cocaine and to a dependence on Dilaudid – a highly addictive painkiller that required her to enter a drug treatment program.
The defense implied that her drug abuse may have been the cause of her brain dysfunction.
 
A Cow’s Brain On the Table
Metier’s first hurdle at trial was to establish liability – that the defendant caused the accident rather than the snow or McClellan’s braking.

He did this almost entirely through his direct examination of the defendant, Charles Goodwin.Metier began by setting the scene so that the jury would see that Goodwin didn’t use sufficient caution, given the fact that it was already snowing, he was driving down a hill and he knew it was slippery.

He established that Goodwin didn’t put on his brakes immediately when he saw McClellan’s brake lights ahead of him.Instead he continued down the hill until he was three car lengths behind her before putting on his brakes.

“By painting a picture of what he knew, the jury comes to the conclusion that he never should have gotten that close to the car ahead of him,” said Metier.“By getting in all the details, we eliminated the assumption that the accident happened because it was slippery.”

The next challenge was to prove that such a minor accident could cause such serious injuries.

Goodwin conceded that the plaintiff’s car “shot forward,” Metier said.He used this to argue that, regardless of how minor the car damage may have been, the collision created a considerable whiplash effect.

Furthermore, the mechanic who worked on the car testified that Callahan’s vehicle was “one of those cars with hidden damages.” Those damages included a bent steel frame.

“We asked him if it would take a lot of force to bend steel,” recalled Gold.“He said, ‘Yes.’ We didn’t get into speeds.We just said it takes a lot of force to bend a steel frame.And when the defense attacked the mechanic’s expertise, he just replied, ‘Doers do and those who can’t do, teach.’ The jury loved that.”

With the notion planted in the jury’s mind that there must have been significant impact, Metier conducted one of his more unusual courtroom presentations: He brought in a cow’s brain and laid it on a table.

“The impression that most people have is that it takes a lot of force to damage your brain,” said Metier.“They watch boxing or NFL football and conclude that if those people can take that kind of punishment, a minor car accident isn’t going to hurt you.What they don’t understand is that it’s not necessarily the impact, but the acceleration and deceleration of the brain inside the skull that causes the damage.In a case of whiplash, the brain has a lot of momentum and it hits the inside of the skull.”

So how do you convey this notion so that the jury truly understands?Most lawyers call experts who testify how the brain is like Jello or yogurt.Metier did that – but then he went a step further.

He began by bringing in an actual human skull.He asked the jurors to feel the sharp bone ridges inside the skull.Then he brought in a cow’s brain.

“They could see that it’s so soft, it can’t even hold its shape when you put it down on the table,” he said. “When it’s not floating in the fluid that suspends it inside your head, it just lies there like a squid.”

“Then we gave each of the jurors surgical gloves and invited them to come up to the table and feel the brain for themselves.This wasn’t just a stunt.It really was an attempt to educate the jury.”
 
The surprise witness
Once he established that Goodwin caused the accident and that a low-speed crash could injure a brain, Metier had to attack the defense theories of how those injuries could have occurred.

The most damaging theory – one made possible by the unexpected testimony of McClellan’s former boss – was that the injury occurred in the earlier ambulance incident.In fact, hospital records raised the possibility of a head injury.Unless Gold and Metier could refute this evidence, their case was over.
So Metier attacked the witness’ reliability.He began by calling several eye-witnesses to the ambulance incident who testified that McClellan hurt her back and neck, but never hit her head.He noted that she returned to work as an EMT two weeks later with a full medical clearance, and continued to receive glowing reviews.

Then he began attacking the deposition itself.He noted that the boss was deposed four years after the accident occurred and was answering questions without any notes or records to refer to.

“I had their neurologist on the stand and I said, ‘Wouldn’t it be terrible to get a phone call out of nowhere and, without any notes or records, have to answer questions about an employee you worked with four years ago?’ Then I asked him about the health of his office manager on this day four years ago,” said Metier. “Naturally, he couldn’t do this.”

Metier’s contention was that after four years, the supervisor’s memory was not accurate about when McClellan’s symptoms began.

Next up was the defense contention that McClellan’s seizures might have been psychological in origin and that abuse as a child may have been the catalyst.The plaintiff’s lawyers dealt with this quickly by noting that there was nothing to indicate that McClellan was beaten as a child and that she was only in foster care once, for four days.

They also argued that if her “pseudo” seizures were, indeed, triggered by stress, then one would think she would have had one recently.

“Let’s fact it, there’s nothing more stressful than a trial – you go in a pig and come out a sausage,” said Gold.“And she has been seizure-free for two-and-a-half years.”

The final issue was McClellan’s drug use, an issue that the focus groups identified as a serious problem for the plaintiff.

Realizing that it had the potential to turn the jury against his client, Metier began addressing this problem in voir dire.

“I told them, ‘I’ve done some things in my life I don’t want to be judged by.’ Then I asked, ‘How many people in this room have also done things in their life they don’t want to be judged by?’ Everyone in the room raised their hand, from the 72-year-old grandmother to the 22-year-old Gen-X waiter.”

During trial he addressed the issue head-on in an attempt to derail the defense lawyer’s implications that the drug use was more extensive than it really was.

McClellan readily admitted to using marijuana in her youth and to entering rehab to treat her addiction to painkillers.In addition, Metier pointed out that this addiction was a direct result of the accident. The pills were prescribed by her doctor and she never took more than the recommended amount.

In fact, Metier used McLellan’s addiction as an element of his damages argument, contending that the defendant should compensate his client for the money she had to spend on the medication and the rehab, and that she should be compensated for the pain and suffering the addiction caused.

As for the cocaine use, Metier claimed that his client used it just once to ease the pain she experienced when she tried to quit the Dilaudid.
 
Word Association On The Stand
The plaintiff’s lawyers called their client to the stand as part of their damages argument.They wanted the jury to hear about her suffering first-hand and also to witness the subtle, but devastating, effects of the accident on her brain functioning.

This presented a unique challenge, since McClellan couldn’t focus her thoughts or stay on point.Metier could have dealt with this by asking a series of very specific questions, but he said that would have made her testimony seem “stilted” and rehearsed.

“What I needed to do was figure out how we could key into a stimulus that would allow her to focus on the significant elements of her story.It’s all in there, we just needed to figure out to access it,” he said.

What he discovered during his pretrial discussions with McClellan was that when he said certain words, she keyed in on significant elements of her experience.So after a few minutes of conventional questioning, Metier explained to the jury that he was going to do some word associations on the stand.”

“When I said ‘love,’ she talked about how she had lost the respect of others and how she had lost her self-respect because she had to abandon her career. I’d say ‘guilt,’ and her response would be to talk about how she had become a burden to her children and her parents.Then she looked at the jury – and this was completely spontaneous – and said, ‘And I feel guilty for taking your time to listen to the events of my life.’”

Metier said it was very powerful testimony.

The cross-examination of his client also worked to Metier’s advantage, because he had already called several experts who explained how her injuries affected her ability to focus and follow directions.

“As a result, [the jurors] were able to cue in on the subtleties of what they were seeing [during the extensive cross-examination],” he said. “They could see here increasing confusion as her testimony progressed.They could see her trying to comply but being unable to process the documents that were put in front of her. The jury watched her decompensate right there in front of them.”
 
The Verdict
The result of the 11-day trial was a $1.5 million verdict – a far cry from the $2,000 offered by State Farm just a few weeks before trial.

This included $1.4 million in economic damages based on the plaintiff’s lost income as an EMT, $100,000 in non-economic damages and $22,000 for her physical impairment. The jury found the plaintiff 20 percent liable for the accident, but after the judge added pretrial interest the total payment ordered by the court came to $1.84 million.
 
Plaintiff’s attorneys: Greg Gold of Kiel & Trueax, in Englewood, Colo.; Thomas Metier of The Metier Law Firm in Fort Collins, Colo.
Defense attorneys: John Rodman, solo, in Denver.
The Case: McClellan v. Goodwin; Jefferson County District Court, in Golden, Colo.; Judge Leland Anderson
 
About the Author - Bill Ibelle

I am a freelance writer with the experience and relentless curiosity needed to bring your story to life.Rather than rely on broad marketing assertions, I will help you stand apart by showing your services in action.
 
Throughout my career, I’ve used reporting as a way to explore the world – and writing as a way to share what I learn.I will bring this same sense of excitement to your assignments, creating stories that will move your clients to actions.
 
To gain background for my stories, I’ve flown in a stunt plane, climbed a retreating glacier, and explored a sacred Navaho canyon.
 
But the material for most of my stories is gathered vicariously through detailed interviews with those far more adventurous than myself – the scientists, lawyers, innovators, and healthcare providers who make our world a better place.
 
Whether my subject is students working in Syrian refugee camps or a lawyer’s lifelong battle against the tobacco industry, my guiding principles are always the same: Be curious, be kind, operate with integrity – and don’t rest until you understand.

You can learn more about Bill and his work by visiting his website.

Metier Law Firm and three of our attorneys were chosen to be included in the 29^th Edition of The Best Lawyers in America booklet.  Attorneys and law firms can only be recognized through peer nominations and votes.  Our attorneys were recognized this past year for their success negotiating settlements and winning court verdicts for our clients across multiple practice areas including Litigation - Insurance, Medical Malpractice Law - Plaintiffs and Personal Injury Litigation - Plaintiffs. 
 
Tom Metier was recognized in The Best Lawyers in America 2023 for work in Insurance Law, Legal Malpractice Law – Plaintiffs, Medical Malpractice Law – Plaintiffs and Personal Injury Litigation – Plaintiffs.  Tom has been recognized for representing clients in multiple practice areas by peers across Colorado every year since 2006 and was awarded "Lawyer of the Year" in 2019.  
 

Mike Chaloupka was recognized on the 2023 Best Lawyers for his work in Litigation - Insurance law.  Mike has been recognized by his peers since 2021.  
 
Todd Ingram was recognized in The Best Lawyers in America in 2023 for his work in Personal Injury Litigation – Plaintiffs. He was awarded the Best Lawyers 2021 "Lawyer of the Year" among all other attorneys in the Personal Injury Litigation - Plaintiffs category in Casper, WY.  He's been recognized for over a decade by his peers for the work he's done for his clients.   

 

TL;DR - Key Takeaways:

• Truck accident cases require immediate evidence preservation through spoliation letters, as critical data from black boxes, dashcams, and digital systems can be deleted or destroyed within 30 days under company policies.
• Trucking companies deploy quick-reaction legal teams to crash sites, sometimes arriving before first responders to build defense strategies and protect company interests.
• Liability in truck accidents often extends beyond the driver to include trucking companies, maintenance contractors, and parts manufacturers, requiring comprehensive investigations by crash reconstruction experts.
• Specialized truck accident attorneys must balance spoliation letter scope carefully, as requests that are too narrow miss evidence while overly broad requests get rejected by judges.
• Board certification in truck accident law and experience with Federal Motor Carrier Safety Regulations are essential qualifications when selecting legal representation for commercial vehicle crashes.

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Tragedy Strikes Loveland

On Monday of this week our Northern Colorado Community lost a beloved educator, mother and friend to a tragic and avoidable accident caused by a semi-truck. Megan Arneson and her 10 year old son were returning home to Loveland from Water World in Denver, Colorado. While on I-25, the arm of an excavator hauled by a semi-truck collided with the concrete crossbeam of the Weld County Road 34 bridge.
 
According to Colorado State Patrol, Megan was behind the big rig when the bridge was struck, sending large chunks of concrete through her windshield.

Witnesses said that Megan’s white SUV quickly pulled to the inside median, coming to a stop against the steel cables and barriers separating the Northbound and Southbound traffic.  An SUV making evasive maneuvers at 70 mph can easily result in a devastating rollover crash, but Megan was able to avoid the fallen excavator and bring her vehicle to a stop. The injuries Megan suffered from the fallen debris were fatal, but her final selfless acts as a mother and protector kept her 10 year old son safe. 

A GoFundMe account has been setup to help her family and son. 

What are Truck Accident Attorneys?  When do you need one?

After reading multiple comments about this case being "open and shut," we needed to correct some of the obvious misconceptions about truck accidents.

Over the last 40 years, our firm has helped hundreds of victims and their families through similar crashes and wrongful death cases. 

Earlier this summer, one of our Colorado Truck Accident Attorneys was interviewed by 9News about one of our truck crash cases. This truck accident case involved another I-25 fatal crash that ended five lives among three generations in one family. 

Tractor trailers are required to follow strict safety regulations when traveling on Colorado roadways.  18-wheelers and other large commercial trucks have significantly higher policy limits with their insurance companies due to the severe injuries caused by large trucks.

When those rules are violated they almost always result in serious injuries or even the loss of life as suffered by Megan and her family. Many injured victims suffer life-altering injuries that can require years of expensive medical treatments or may lose the ability to continue their career.   

In order to hold the trucking company and their drivers responsible for devastating injuries and deaths, it is important to immediately have an experienced truck accident team investigate the crash and protect critical evidence. This is called Spoliation.

Our Loveland Truck Accident attorneys will send a spoliation letter to notify potential liable parties that particular evidence needs to be protected. 

Evidence such as black box data from the semi-truck, dashcams, and other digital materials may be deleted and physical evidence may be destroyed or lost permanently. While it may sound nefarious to the average person, companies have policies that may require memory cards from dashcams to be reused every 30 days or to immediately repair damaged equipment. 

This is one of many ways truck accident litigation cases are different than other personal injury cases. 

Even if a personal injury attorney knows they need to act quickly, evidence can still be lost. Without significant experience litigating truck accident cases, the scope of evidence in the attorney’s spoliation letter may be too narrow allowing evidence to still get destroyed. In other cases, their scope is too broad allowing the truck company’s defense attorneys to have a Judge reject the request. 

The truck accident lawyers in our Fort Collins office have been asked to litigate cases after evidence was lost both ways.  

Many trucking companies use quick reaction teams of attorneys that get notified immediately when a truck driver has a collision with the exact location of the crash. These teams arrive quickly to build their defense and possibly build a case against the passenger car driver. 

Our Loveland truck accident attorneys have seen cases where these teams have arrived before first responders and other cases where they have removed monitoring equipment from inside the truck cab.  Injured victims need to have a team of experts working on their side in the same fashion. 

Some truck crashes my look cut and dried to inexperienced eyes, but these cases are complex – far more complicated than any crash between two 3,000lbs passenger vehicles. Many people will immediately blame the truck driver after a semi-truck accident, and although they often share part of the liability, this isn’t always the case. Our Loveland truck accident attorneys use investigators, crash reconstructionists and many other experts to gather evidence for a full spectrum picture of all responsible parties.

Extensive investigations can reveal multiple liable parties. Experienced truck crash attorneys can then gather enough evidence to prove their liability in court. This is increasingly important when our client is a truck driver.

Some cases have involved a trucking company knowingly sending an inexperienced driver on a dangerous highway or experienced drivers into dangerous weather. Others involved a maintenance company that used cheap parts or components that failed because they were not rated for the stresses or load capacity of the truck.  The truck accident lawyers at Metier Law Firm have successfully won cases for truck drivers because we leave no stone unturned during our truck crash investigations. 

Because truck accident cases are so specialized, we highly recommend that victims talk with a law firm that has expertise handling and winning truck accident cases. For example, Tom Metier is Certified in Truck Accident Law by the National Board of Trial Advocacy and the past President of the Academy of Truck Accident Attorneys.  

Tom has travelled the country sharing his experience as a Trial Attorney and teaching other attorneys for years and has been featured in local news, on podcasts and has helped thousands of injured victims across the nation by teaching hundreds of attorneys at conferences how to successfully litigate complex injury cases.

Whether victims contact our firm or another, we highly recommend that injured victims meet with a law firm with the capacity, experience and industry recognition for winning truck accident cases.   If you or a loved one has been injured by a semi-truck or tractor trailer, our truck accident attorneys offer free consultations in-person, virtually or over the phone.  Call our office anytime at 866-377-3800.

I hope this article opened your eyes to the complexities of these crashes.  If there's a topic you'd like us to talk about, please let us know.