No Deaths in High Speed Crash Near Basalt, CO

Colorado State Patrol: "It Could Have Been a lot Worse"

A married couple from Basalt were involved in a high speed chase and crash that has mystified police and investigators as to why there were no serious injuries as a result of the accident.

Carlos Diaz, 36, and Jesenia Alvarez, 32, were involved in a domestic dispute after Diaz apparently gave a  16 year old girl a ride to Basalt High School. Alvarez followed Diaz, who began speeding and driving erratically when he realized he was being pursued by his wife. He eventually stopped at a stop sign, where he was allegedly rear ended by Alvarez.

Diaz then made off in his damaged vehicle through a neighborhood and eventually to highway 82, where he drove west at speeds reportedly exceeding 110 mph. The Colorado State Patrol provided a detailed description of the incident from this point on:

"Diaz allegedly ran a red light at the Highway 82 intersection with Willits Lane, close to the Willits Town Center. Alvarez also allegedly ran the light as a 2008 Audi was turning toward Aspen on Highway 82 from the north side of the intersection. Alvarez swerved at the last moment, according to witnesses, and struck the front of the Audi. She then sideswiped a 1995 BMW stopped at the traffic signal in the left eastbound lane of Highway 82. Alvarez's van continued westbound and collided head-on with a 1997 Dodge Stratus that was slowing as it came to the intersection. The Stratus was knocked backward into a stopped 2005 Toyota Tundra pickup."

Basalt Police Department Sgt. Penny Paxton offered a more sentimental depiction of the crash: "There was debris everywhere. It looked like the cars exploded." She indicated that she hadn't seen an accident bearing so much damage to the vehicles involved that did not also yield serious injuries to the drivers and passengers.

Despite the lack of injuries, charges for Diaz and Alvarez were plentiful. Carlos Diaz was charged with reckless endangerment, speeding, and false imprisonment. Jesenia Alvarez was charged with felony menacing, domestic violence, as well as reckless endangerment. Both are in custody in the Pitkin County Jail.

If you believe you have been injured by a reckless or negligent driver, do not hesitate to contact an attorney. Greater Denver area residents can contact The Law Offices of Robert Paysinger at (303) 279-0221 for a free initial consultation.

Sources: Domestic dispute leads to high-speed accident in Basalt

Wal-Mart Ordered to Pay $10 Million to Slip & Fall Victim

Settlement Will Be Largest in U.S. History for Slip & Fall

Former truck driver Holly Averyt was awarded in excess of $10 million dollars by a Weld County jury who found that Wal-Mart was responsible for Averyt's fall as a result of a grease spill on their property as she transferred goods from her truck up the loading dock and into the Wal-Mart.

Holly Averyt of Cheyenne, Wyoming, was delivering goods from her truck into a Wal-Mart in Greeley, Colorado when she slipped on a patch of grease and severely injured her back. The damage required her to undergo three spinal surgeries, in addition to causing her to lose her job.

The case was in limbo after a judge granted Wal-Mart a retrial, but the Colorado Supreme Court upheld the previous ruling. Initially, there was some confusion over whether Averyt's attorneys Jeffery Hill and Greg Gold were obligated to provide a city document that they uncovered detailing the grease spill. However, the court ruled that Hill and Gold were not required to supply the Wal-Mart's attorneys a document that was readily available through public records.

Lawyers for Wal-Mart had argued that the plaintiff's attorneys were required to provide all parties with the document in question, and also deemed the awarding of $15 million was "excessive, not supported by the evidence and could only be the result of prejudice and bias and the jury's desire to punish Wal-Mart."

However, the court viewed things differently: "[w]e cannot adopt a rule which would impose the burden of disclosure on one party who finds a document containing such uncertain information where the document is equally available to both parties in the public domain. In short, the report is a publicly available record that Averyt’s attorney obtained from the city of Greeley. Averyt and Wal-Mart were on equal footing with regard to the ability to obtain the report. Accordingly, we hold that [the state’s] disclosure requirements do not apply to the Greeley report and that Averyt had no duty to disclose it to Wal-Mart."

Wal-Mart offered one final retort on the case: "We respectfully disagree with the court's opinion," Wal-Mart spokesman David Tovar said. "We're continuing to focus on operating a safe shopping and working environment in all our stores."

The supreme justices that reviewed the case after Wal-Mart's appeal did reduce the final compensation amount from $15 million to $10 million, approximately. This was due to a state law that limits damages awarded by a jury that are not economic.

If you are injured in a slip and fall accident in the greater Denver area, please call the Law Offices of Robert Paysinger at (303) 279-0221 for a free initial consultation. We help injured people - It's all we do!

Sources: Walmart Must Pay $10M Judgment To Holly Averyt, Truck Driver Who Slipped: Colorado Supreme Court, Colorado Supremes reinstate record slip-and-fall verdict

Legal Limits for Driving Stoned Struck Down in Colorado State Senate

Bill Fails to Pass Senate for Second Consecutive Year

The lack of a single “Yes” vote in the Colorado legislature prevented a bill from overcoming a 17-17 tie, which would have established blood limit for drivers in the state. The absence of Senator Nancy Spence is thought to have been the deciding factor in the bills failure. The current law regarding convictions of drugged driving is based on officer examination.

The bill, which had been approved by the house, would have limited drivers to 5 nanograms of THC per millimeter of blood. Proponents of the bill asserted the fact that Colorado has seen arrest rates inflate for drivers who are under the influence of drugs, in addition to presenting data from the National Highway Safety Administration which show that drivers involved in fatal accidents are more likely to test positive for marijuana. Spence, who was at one time an opponent of similar prior bills, supported the proposal but was

Those opposing the bill argued that the blood limit for marijuana is not a uniform method to examine a driver’s level of intoxication. In addition, the opponents presented findings on Colorado drugged driving which indicate that over 90% of criminal cases involving driving while under the influence of drugs end in conviction.


The bill appeared to be heading for passage (much like its predecessors), with Gov. John Hickenlooper stating his support for the bill, but Spence's trip to San Diego to visit her son prevented the signing. Spence indicated that her trip was planned well before the special legislative session, and she appeared to express genuine remorse for her absence.


"I assumed it wouldn't be brought up until tomorrow morning," Spence lamented. "I'm just so, so sorry and so disappointed" She added. "I feel terrible for Steve King, who worked so hard to get that bill passed." King was the sponsor of the bill.

Driving while impaired by alcohol or drugs is illegal in all 50 states, though some states have considerably harsher penalties. Some states, including Arizona, Rhode Island, and Michigan have enacted a zero tolerance policy for driving with any illegal substance.

Law enforcement advocates and proponents of the bill have firmly voiced their steadfast dedication to the passage of driving limits for marijuana.

“Folks don’t know what they’re taking. It’s like a doctor offering a bowl of drugs and saying ‘reach in, take what you think you need and go ahead and drive.’ We’ve got to get a handle on this” said Tom Raynes of the Colorado District Attorneys Council. Raynes also noted that medical marijuana is not dosed equivalently, has a high potential risk for abuse.

If you are injured in a car accident in the greater Denver area, please call the Law Offices of Robert Paysinger at (303) 279-0221 for a free initial consultation. We help injured people - It's all we do!

Source: Associated Press: Marijuana DUI Standard Dies a 3^rd Time in CO

Motor Vehicle Fatalities: On the Decline

Improvements in Safety Cited as Primary Reason

The National Highway Traffic Safety Administration has released estimates for fatalities related to motor vehicle accidents in 2011, and if the projections are confirmed to be accurate it will be the least amount of traffic fatalities since the government began keeping records of the statistic in 1949.

New and improved safety features installed on almost every new car have been described as the single biggest reason for the sharp drop off in road deaths. A 26% decrease in deaths per year since 2005 has been a strong indicated of the new technology's success. In addition, the fatality rate for vehicle miles traveled (or VMT) also recessed significantly, from 1.09 fatalities per 100 million miles driven in 2010 down to 1.11 in 2011.

Some of the most prominent cutting edge and up-and-coming technology is creating quite a positive stir from the public and the federal government. At the forefront of this new wave of safety features is vehicle-to-vehicle communication, which is outlined further in our blog Can Your Car Talk?. Other new additions to vehicles, such as emergency brake assist, adaptive headlights, electronic stability control, and intelligent airbags are all contributory to a collective effort to improve safety which appears to be functioning as planned.

Another feature that has been at the center of attention is a "lane departure warning system," which utilizes onboard cameras to detect driving lanes. If a driver mistakenly steers the vehicle outside of designated lines, the system will either alert the driver of the potential error or (in the case of more refined systems) will automatically correct the mistake and steer the vehicle back into the proper lane automatically.

The arrival of new technologies is no surprise for automobile makers, who have long recognized that safety ranks as one of the most important features of a vehicle for a prospective buyer. Companies are even investigating ways to curtail the growing problem of distracted driving with innovations like in-windshield displays, which would allow a driver to see the road and controls or navigation systems simultaneously.

Cars are most certainly getting safer; how do you feel about the new technologies being implemented?

If you are injured in a car accident in the greater Denver area, please call the Law Offices of Robert Paysinger at (303) 279-0221 for a free initial consultation. We help injured people - It's all we do!

Source: Major Improvements in Safety Significantly Reduce Auto Fatalities. In The Denver Post, June 23 2012.

Secretary of Commerce John Bryson Cited for Felony Hit & Run

Cabinet Member is now Under Investigation

UPDATE July 5, 2012: Prosecutors in Los Angeles County have decided against filing charges against former Secretary of Commerce John Bryson. The Cabinet member was involved in a series of accidents in a Los Angeles suburb late last month. San Gabriel Police presented county prosecutors with evidence for the case, but the District Attorney's office indicated Tuesday that no charges will be filed.

A bizarre incident in a Northeast Los Angeles suburb led police to cite Secretary of Commerce John Bryson with felony hit and run Monday. The cabinet member apparently suffered a seizure while driving his Lexus down a major roadway in San Gabriel, a city in Los Angeles County, CA.

Bryson, who has since returned to Washington, was taken to the hospital at approximately 5PM Pacific Time and released sometime later. It is unknown if drugs or alcohol were factors in this case, though police and investigators have indicated that it does not appear  Bryson was intoxicated at the time.

Police officers found Bryson alone and unconscious in his car after colliding with 2 different vehicles. He allegedly spoke with the 3 men who were in the car of the first incident for a brief time, before returning to his vehicle and continuing to drive. He then struck the Buick a second time, prompting the men to contact 9-1-1 for assistance.

Bryson drove his vehicle into the city of Rosemead, where he struck a different car containing a man a woman approximately five minutes after the first crash. One of the two individuals in the second vehicle complained of pain after the incident.

John Bryson has been the United States Secretary of Commerce since he was sworn in by President Obama in May of 2011. He has no prior medical history of seizures.

If you have been injured in a car accident by a suspected intoxicated driver, you need to speak to an attorney. If you are in the greater Denver area, call the Law Offices of Robert Paysinger, P.C. for a free initial consultation.

Sources: Commerce official: John Bryson has 'limited recall' of crashes, John Bryson: Did Seizures Lead to Car Accidents? 15 June, 2012

Danger: Reckless Drivers

2 Fatal Crash Trials Highlight The Dangers of Driving

The Stollsteimer family was killed February 17, 2011.

UPDATE 18 June 2012: Monica Chavez was found NOT GUILTY by a 12 member jury on 5 counts of criminally negligent homicide and two counts of child abuse. This case was a  shocker for many observers and certainly the Stollsteimer family. However, as the judge indicated early on in the proceedings, this was a difficult case for the prosecution due to ambiguity and miscommunication between doctors and Chavez.

"We miss them," said David Stollsteimer of his lost relatives. "To the community at large... watch out for people, be selective, be smart, and take care of your families."

Victoria Barry was found guilty on charges of vehicular homicide, in addition to a DUI charge and one count of third-degree assault on another victim. Ms. Barry is free on bond until her sentencing date of Aug. 2.

DENVER METRO AREA - 2 separate 2011 crashes that caused fatalities are set for trial, and the details surrounding both of the two cases are haunting reminders of how dangerous the road, and specifically freeways and highways, can be for drivers.

Victoria Barry's May 2011 car accident is a clear display of recklessness and negligence, as she barreled down I-25 in the wrong direction near the midnight hour and slammed head first into a Nissan Altima driven by 31 year old Lilly Duncan. 

A police officer who witnessed the accident described it as one of the worst he'd seen in his career, as the engine was crushed into the passenger seating area. Duncan was killed by the crash instantly.

Another equally tragic crash occured February 17th, 2011, when Monica Chavez lost control of her Ford Expedition travelling as fast as 100 mph. The SUV collided with a raised median, flying into the air before landing on top of a pickup truck with the Stollsteimer family inside. All 5 family members were killed in the accident.

In contrast to Barry's crash, Chavez had no drugs or alcohol in her system. However, the accident is believed to be related to Chavez' health. In 2006, she was allegedly told not to drive by a doctor after having a "seizure like" episode. The cases hinges on this aspect; if her neglect to visit a neurologist is found to be criminally negligent, she will likely be convicted. The judge, however, has voiced his doubts on what he characterized as a "thin case."

While both drivers responsible for the crash have very different contextual backgrounds, there is a common denominator between both of these cases: the driver was displaying an act of negligence, whether it be due to an intoxicated state or a medical reason which calls for a person to refrain from driving.

These cases emphasize that even focused, sober drivers are at constant risk when driving due to the frequency of drivers taking the road who are impaired, distracted, or reckless.

If you are injured in a car accident, you need to talk to an attorney. If you are in the Denver area, call (303) 279-0221 for a free initial consultation.

Sources: "Fatal-Crash Trial set to Begin: Trial over 2011 wreck that killed five likely to focus on defendant's medical history" and "Jury Takes Over in Case of Woman Accused in Fatal DUI Crash in 2011" from The Denver Post, 11 June 2012

Can YOUR Car talk?

Are Talking Cars on the Way?

WASHINGTON - For the lucky drivers who were selected to participate in Connected Vehicle Safety Pilot Program, the results were quite clear: adding technology that allows cars to "communicate" with each other with a Wi-Fi-like network was welcomed with open arms by more than 4 out of 5 participants. 

The clinics, which was a joint effort between the National Highway Traffic Safety Administration and the Research and Innovation Technology Administration, in addition to automakers and state/federal agencies, were conducted over a five month span between August 2011 and January 2012 in six different locations across the country.

Some automakers have been more reluctant to express their excitement for requirement implementation of new technology. However, many are suggesting that an obligation to equip newer vehicles with new electronic components that allow vehicles to communicate with each other is the most efficient way to have these products introduced to the marketplace.

"If you have the technology, and the price has gone down so much, use it," said Clarence Ditlow, Executive Director of the Center for Auto Safety, a consumer group. "You aren't going to get it into the marketplace as fast as you could and save as many lives as you could unless you mandate it."

A major difference between this newly developed, communicative technology and previous auto-safety technologies is the ability to detect cars that are unable to be distinguished by laser or radar. The previous electronic equipment relied on "seeing" (though laser or radar), rather than discovering other vehicles through a wireless network so the driver can be alerted.

One major concern regarding this technology involves the wireless network aspect. Before the product can be introduced, it must be investigated to ensure that it is resistant to hacking and other issues that might affect reliability.

The joint NHTSA and RITA venture will continue with a second phase this summer, slated to be a year in duration. The experiment will monitor 3,000 vehicles equipped with the technology, and will investigate new areas of use, such as "do not pass" alerts, and an alarm for vehicles that have stopped suddenly.

Data from the pilot program will be used to determine the plausibility of the technology's implementation, and by 2013 the two agencies will decide whether the endeavor will continue to be pursued.

Sources: New DOT Research Shows Drivers Support Connected Vehicle Technology, Appreciate Potential Safety Benefits, Cars Avoid Crashes by Talking to each other 8 June, 2012