Airbag Recall Effort Gains Steam

The controversy surrounding the safety of airbags made by the Takata company continues to make news.  Regulators believe there could be almost 7.8 million of the devices which are defective, and are susceptible to exploding and expelling shrapnel which can injure the driver and passengers.

The difficulty lies in estimating the number of faulty airbags, and how many are installed in vehicles in the U.S.  On October 2, Hien Tran was in an accident in Florida, when the airbag deployed and she was wounded by small pieces of material which pierced her neck. She died four days later. This was the third death associated with the product.
 
The devices are believed to be more unsafe in hot and humid weather.  Most of the affected vehicles are older cars that may have been on the road since 2000.  Some auto makers are saying that the cars aren't subject to a formal recall, but will be repaired in hot weather states.  Currently, the US attorneys office in Manhattan is investigating whether the Takata company made misleading statements about the safety of the airbags. In June the company agreed to repair the faulty devices in states where there was weather was warm and humid, but some regulators are calling for a formal recall.  The defective bags were manufactured over the time span from 2000 until 2008, and there have been six instances where they exploded.
   
Toyota has recalled over 200,000 vehicles to repair the airbags, and has warned people not to drive the cars until they repaired.  During a year where driver safety has been compromised by faulty ignition switches, this is not welcome news!
 
If you have suffered an injury as a result of someone's negligence, you need to speak with an experienced personal injury attorney. Please call The Law Offices of Robert Paysinger, P.C. today at (303) 279-0221 for a free initial consultation. We help injured people - it's all we do!

Source: Takata’s Airbag Recall a Result of Converging Forces

Nathan Dunlap - The Capital Punishment Controversy

As CNN examines the American capital punishment system in the new “Death Row Series”, the controversy surrounding Colorado Governor John Hickenlooper’s decision last year to spare the life of Nathan Dunlap, a convicted killer, has continued to attract attention.  Featured in the series, Dunlap was convicted of murdering four people and severely injuring a fifth in a Chuck E. Cheese restaurant in 1993, was sentenced to death two years later, with an execution date of August 2013.  After 20 years, the decision came before the governor, with claims that the trial attorneys did not represent him properly as well as a diagnosis of severe bipolar disorder, and Hickenlooper granted a temporary reprieve.

An extremely popular official, Hickenlooper is now seen as vulnerable in his re-election bid this November. One of his opponents, Tom Tancredo has vowed to execute Dunlap should he win the election.  Another, Bob Beauprez, suggests that the governor is showing an ”unwillingness to make the tough call.”

The temporary reprieve has generated strong public outcry on the part of some of the victim’s families.  The problem with a temporary reprieve is that no one knows when it will be lifted.   “The justice system is broken,” says Bob Crowell,whose 17 year old daughter was among the victims.  Others are less certain of what the outcome should be.  Jody McNally Damore, mother of Colleen O’Connor, also a victim says, “putting him to death makes me queasy.  I don’t know why, but you have to wonder why he got so many years of appeals”.  

The governor consulted with prosecutors, defense attorneys as well as the victim’s families. In a statement after granting the temporary reprieve, which could be undone by a later governor, said that he “felt centered after making the decision – that this was respectful of the people of Colorado and their right to come to their own conclusions and be a part of that process.”

Hickenlooper intended to initiate a conversation with the people of Colorado about the death penalty, of which he has indicated his opposition.  However, some of the criticism related to the reprieve suggests that the governor has usurped the role of the jury and courts, as well as the wishes of the victim’s families.

 
The Colorado Constitution provides the power to grant clemency, to consider information that was not public about the case at the time of the trial.  It is probable that Dunlap’s mental illness, which was undiagnosed at the time, and the sworn statements of three of the jurors that they would not have voted for a death sentence had they known was considered.  Mesa County District Attorney Pete Hautzinger differs with this view, “The courts have made it abundantly clear this is a constitutional penalty to impose.”   The governor has suggested that if he is not re-elected, he could grant clemency to Dunlap, which would release him from the prison system into the general population.

 Some say that the fate of Nathan Dunlap is in the hands of the Colorado voters. The death penalty is the center of another case pending in Colorado, the trial of James Holmes, the Aurora theater shooter whose trial is slated to begin in November. Colorado is at the center of the debate on capital punishment, with approximately 47% of the population in favor of repealing the death penalty, in favor of life without parole, and 47% would not.  Where do you stand?

The Denver Post
CNN.com

What to Do if You Are In a Car Accident

The Denver Post reports that more than 2.3 million drivers were treated for injuries from a motor vehicle accident in 2009. Although it seems odd to think of preparing yourself for a car accident, there are a few things you can do to make it easier to deal with a crash if one should occur.

1) If you are in an automobile accident, you should first secure your own safety - i.e. move to a safe location. However, do not leave the scene.

2) Next, call the police.  Too often, people are hesitant to call the police.  This can create problems if you are involved in a personal injury case, as the police are theoretically an independent observers and investigators.The accident report is an important document in the claim.

3) Record responding law enforcement officials names, as well as city and county information.

4) Get the contact information of the other driver and witnesses. If there are no independent witnesses, the police will conduct an investigation and prepare a report of the

5) Take photos of the accident scene. Use your camera phone to show the position of the vehicles and skid marks, as well as details of the damage.

8) Do not discuss fault with anyone. When a person discusses fault with the other driver, witnesses or  police, it can generally create more problems.  If you believe the accident was your fault and you tell the other driver or the police, it can be crippling to a potential case if it is later determined that the accident was not your fault.

7) Do not give a statement to the other driver's insurance company.  You are under no obligation to do so.  However you must cooperate with your insurance company.  Despite commercials to the contrary, insurance companies make money by paying out as little as they can when they receive a claim.

8) Go to the doctor or emergency room as soon as possible if you have any pain.  Delaying treatment if you are hurt may worsen your condition, as well as make it appear that you did not sustain any injuries in the accident.  Experts also suggest keeping a record of basic medications and allergies with you to assist doctors in the event you are unable to give them the information.

9) Don't miss doctor's appointments or physical therapy visits.  If you do miss an appointment, reschedule as soon as possible. If you miss appointments, you are telling the insurance company your injury is not significant.

If you have been injured in an accident, you need to speak to an experienced attorney.  Call The Law Office of Robert Paysinger, P.C. at 303-279-0221 or visit www.paysingerlaw.com.

Source: www.denverpost.com and The Injury Resource Guide.

Dangerous Driving: Colorado Ranks 9th for Most Uninsured Drivers

A new report produced by the Insurance Research Council indicates that Colorado has once again cracked the top 10 in terms of states with the most uninsured drivers.

The rate of uninsured drivers has been steadily increasing since 2006, three years after Colorado switched from a no-fault insurance system to a traditional tort liability system, which insurance companies argued at the time would lower premiums and decrease the overall number of uninsured drivers.

While premiums and uninsured drivers both decreased initially, the report indicates that the number of uninsured drivers is now steadily on the rise. With approximately 16% of drivers in Colorado illegally using their vehicles without insurance, Colorado ranks 9th highest out of the 50 states. This translates to an estimated 594,000 uninsured drivers in the state.

Adding to this confusing trend is the fact that Colorado's insurance premiums are lower than the national average, with costs of gasoline and vehicle repairs also being similarly low when compared to the rest of the country.

Lurking behind these statistics and figures appears to be a strong correlation between the rise in uninsured drivers and the rise in hit and run accidents in the Denver metro area. The sharp increase in hit and runs has been a primary concern of law enforcement and safety officials in the past few years.

These trends are concerning, because they indicate that Coloradans are choosing to be uninsured despite relatively low costs and extremely high risks.

One way to protect yourself from being stuck with high medical bills and costs from an accident with an uninsured motorist is to purchase UM/UIM (uninsured/underinsured motorist) coverage with your insurance company, which is generally available for a minimal cost addition each month.

If you are injured by no fault of your own in a hit and run accident, or by an uninsured motorist, you need to speak with an experienced personal injury attorney. Call The Law Offices of Robert Paysinger, P.C. today at (303) 279-0221  for a free initial consultation. We help injured people - it's all we do!

Source: Premiums Fall, Yet Motorists Still Choose to be Uninsured

Driverless Cars Are on the Horizon

The shift to driverless cars is on!  Scholars and researchers are estimating autonomous cars will make up 75 percent of vehicles on the road by 2040.  This will have a dramatic impact on many areas of our economy. 

  

Autonomous cars will affect infrastructure as the cars would have to communicate with the highway or street as well as with other cars to determine traffic and weather conditions.  Vehicles would be able to travel faster as alerts could be exchanged to regarding accidents or available parking places.  It would be possible to avoid accidents with information about where other vehicles are.

  

Another major change would affect transportation and mobility for many people who are currently unable to drive.  This would have a huge impact on the young, the elderly, and the disabled.  In fact, the appeal of using the commuting time to surf the internet or talk on the phone is a major attraction to millennials.

  

Many of the features which will be found in driverless cars will be available in the near future.  Driver assist systems including active cruise control, lane-keep assist are becoming more common in vehicles.   Volvo is introducing two new systems which will be offered in its’ 2016 XC90:  run-off road protection and auto brake at intersections.  

The run-off road feature detects when a car leaves the road and tightens the front safety belts to keep occupants cinched in their seats.  It also added energy absorbing cushioning between the seat and frame to help alleviate the occurrence of spinal injuries.  To keep drivers on the pavement, Volvo will add a Lane Keeping Aid, which applies extra steering torque when a vehicle unintentionally travels outside the lane.  Statistics from Volvo indicate that half of all traffic fatalities are due to road departure accidents, when a vehicle veers off the road.   Volvo has long been known for safety, so it is not surprising that they are at the forefront of new safety technology.

  

When it comes to research on driverless cars Google is way ahead of the competition.  Initially, the driverless car research was done on the Toyota Prius, and Google has a fleet of them around its California campus, and has tested them over approximately 300,000 miles.  It has since built its’ own version of the vehicle without a steering wheel.  Although the technology is advancing, many drivers are hesitant to relinquish control.   People may become accustomed to these new cars a little at a time. 

If you are injured in an auto accident by no fault of your own, you need to speak with an experienced personal injury attorney. Call The Law Offices of Robert Paysinger, P.C. at (303) 279-0221 today for a free initial consultation. We help injured people - it's all we do! 

Sources: New driver assist systems add extra layer of protection for occupants of upcoming all-new crossover. 5 Reasons Why Automakers Should Fear Google's Driverless Car

Preventing Dog Bite Incidents

                     

The recent attack on a nineteenth-month-old child by a pit bull in a suburb of Denver highlights the danger of dog owners circumventing the law. The owner of the dog was arrested as it is unlawful to own a dangerous dog in Commerce City. The boy, who is expected to survive, was rushed to Children’s Hospital with severe injuries to his face and neck.  He is in stable condition and recovering from surgery this week.

The child was with a group of nomads who travel the country to feed the hungry. According to witnesses at the scene, the boy approached the dog to pet it, while it was tethered to a tree outside a King Soopers, and the dog attacked him. The dog died in the process of being restrained, and police officers at the scene said the dog continued to "fight and be aggressive" throughout the ordeal.

Dog bite incidents continue to occur even as the number of municipalities that ban pit bulls increases. While it is debatable that the dogs are inherently dangerous, it's a near consensus that the owner of a dog that bites must be held accountable. What can be done to end or decrease these attacks? Here are a few suggestions from www.dogsbite.org

    Dangerous situations:

·         Leaving an infant or toddler alone with any dog breed

·         New or temporary situations involving children and dangerous dog breeds

·         Approaching a chained dog, especially if it is male and unaltered  

·         Encountering a pack of loose dogs, known or unknown to you

·         Inserting yourself into a dogfight, especially when pit bulls are  involved

·         Approaching a vehicle with a dog inside or in the bed of a truck

Here are some additional tips to remember:

·         Do not pet a dog without first letting the dog see you

·         Do not lean your face close to a dog

·         Do not tease a dog, especially if it is chained

·         Do not startle a sleeping do

·         Do not bother a dog that is eating

·         Do not disturb a dog that is caring for puppies

·         Do not turn your back on a dog and run away

These suggestions and tips will significantly decrease the likelihood of a dog bite or attack. If you have been injured in a dog bite attack, you need to speak to an experienced personal injury attorney. Call The Law Offices of Robert Paysinger, P.C. @ 303-279-0221 or visit www.paysingerlaw.com

  

Amy Van Dyken-Rouen Continues to Inspire

As Amy Van Dyken-Rouen continues to rehab from her ATV accident at Craig Hospital in Denver, she continues to be a source of inspiration to her fans and followers.  She is in Physical Therapy most days from 9am to 4pm learning how to do everyday things like put a shoe on, and move from her wheelchair to a bed.  Using the strength and determination she acquired as an Olympic swimmer, her new goal is to walk out of Craig Hospital in August.

Amy has had sporadic feeling below her belly button, giving her hope that she may accomplish her goal. Her incredibly positive attitude will assist her in making the fastest recovery possible, but some of the recent discoveries in treatment will allow her much greater progress than many ever dreamed possible.

The recent advances in technology are making dreams come true for many paralyzed people hoping to walk again.  One of the promising treatments is functional electrical stimulation, which sends small electrical pulses to muscles to improve their function and movement. Another rapidly developing technology involves the use of exoskeletons. These are wearable robots, which are worn on the outside of clothing which help those with spinal cord injuries walk by using accelerometors which sense changes in balance.

A new generation of these machines is bringing down their cost and making them more widely available.  These exoskeletons may also be used by those who are in rehabilitation from strokes.  Another exciting development in this field is a chip implant called a brain-computer interface, which teaches completely paralyzed people how to move limbs by thought.  Wheelchairs have also become much lighter and faster, and may be able to ascend stairs with tracks.

Google is working on advancements to use voice commands for computer driven cars. While some of these technologies are in early stages of development, some such as the exoskeleton are changing lives in the present.

If you have suffered an injury as a result of someone's negligence, you need to speak with an experienced personal injury attorney. Call The Law Offices of Robert Paysinger, P.C. today at (303) 279-0221 for a free initial consultation. We help injured people - it's all we do!

Cyclists, Pedestrians & Car Crashes: Not Always The Driver's Fault

With accidents between cars, pedestrians and cyclists on the rise in Colorado in recent years, many people assume that cars are almost always at fault for the crashes. Statistics compiled by the Denver Police, however, appear to contradict that notion to some extent.

264 people have been cited while riding their bicycles for disobeying traffic laws so far in 2014, according to Denver Police. Further, the statistics show a somewhat startling trend; in 44% of auto-cyclists crashes, cyclists were ticketed.

The interaction between cyclists, pedestrians, and motorists on the roadways has been cause for increasing concern in the Denver metro area and Colorado in general. In 2013, 15 fatalities occurred as a result of auto-pedestrian accidents. Seven more pedestrians have died in 2013, including 4 from hit-and-run crashes in Denver.

In response, Denver Police and Denver Public Works have teamed up to create the "Heads Up" campaign, which encourages drivers, pedestrians, and cyclists to be more safe and more aware of their surroundings. The campaign, which originally launched in May 2013, has also deemed June "Heads Up" month. Vounteers will be at several intersections throughout the month, handing our cards with tips and providing passersby with safety information

Denver Mayor Michael Hancock addressed the campaign and the safety issues in a press release, saying "Denver, we must work together to create a culture that embraces all modes of transportation and encourages all users to take responsibility for their actions while walking, biking or driving. We are a growing city that is becoming more multimodal every day. It is important to remind ourselves and those around us that we all need to do our part to keep our roads and walkways safe."

Here's a list of tips that the volunteers are providing to the community:

Pedestrians

1. Look both ways before entering the roadway to cross the street
2. Use the "push to walk" buttons when available
3. Obey the walk/don't walk pedestrian signals
4. Always cross the street at an intersection
5. Don't be a distracted pedestrian. Put away your electronic devises and stay alert.
6. Don't wear headphones or talk on a cell phone while crossing the street

Cyclists

1. Bikers and cars - same rights, same laws. Obey stop signs, traffic signals.
2. Take your place in traffic. Ride your bike on the street or on a campus brick pathway at a safe speed. Sidewalks are reserved for pedestrians
3. Always ride with traffic. Ride on the right (or left on one-ways) where drivers expect to see you.
4. Be alert and visible. Steer clear of riding with earphones and use lights and reflective gear at night.

If you are injured in a car accident, hit and run accident, or pedestrian v. car accident in the greater Denver metro area, you need to speak with an experienced personal injury attorney. Call The Law Offices of Robert Paysinger, P.C. today at (303) 279-0221 for a free initial consultation. We help injured people - it's all we do!

U.S. Patent Office Revokes Washington Redskins Trademark

The Washington Redskins' controversial logo and name have been brought to the forefront of public debate once again after the United States Patent Office issued a ruling that revoked 6 of the team's trademarks, calling the name and logo "disparaging" to Native Americans.

The Trademark Trial and Appeal Board, part of the U.S. Patent Office's legal framework, issued the ruling Tuesday to the surprise of many nationwide observes. Native American activists applauded the ruling. 

The Washington Redskins' name has been the subject of Patent Office rulings before. In 1992, the Office similarly revoked the teams trademarks, but the case was tied up in appeals until 2005, when a federal judge in the District of Colombia ruled that the evidence did not support revocation and that the original plaintiffs had waited too long to bring suit. 

However in 2012, Amy Blackhorse brought a similar suit against Pro Football, Inc. corporate parent of the Washington Redskins, which eventually lead to Tuesday's ruling.

"It is a great victory for Native Americans and all Americans," Blackhorse said.

The Oxford English Dictionary notes that the term was originally neutral, but it "lost it's neutral, accurate descriptive sense and became a term of disparagement."

While the ruling does not prohibit the team from continuing to use their name, it would allow counterfeit merchandise to be sold with relative ease as the Redskins would not longer retain exclusive use of their name or logo. Additionally, there will be no hindrance on the Redskins trademarks until all appeals have been heard, which could take several years. 

Snyder appears to be set in his ways. Snyder himself offered no comment, but the team spoke through their Trademark attorney Bob Raskopf, who issued a harshly worded response to the ruling. The statement reads in part: "We are confident we will prevail once again, and that the Trademark Trial and Appeal Board’s divided ruling  will be overturned on appeal. This case is no different than an earlier case, where the Board cancelled the Redskins’ trademark registrations, and where a federal district court disagreed and reversed the Board."

However, pressure appears to be mounting from both the public and government officials for Redskin's owner Dan Snyder to change the team's name and logo. Half of the United States senate wrote to Snyder directly to implore him to adopt a new team brand, name, and logo. Additionally, public outcry condemning the name and logo has grown in recent years.

The board's 2- ruling noted that “the recognition that this racial designation based on skin color is disparaging to Native Americans” is demonstrated “by the near complete dropoff in usage of ‘redskins’ as a reference to Native Americans beginning in the 1960's."

The Redskin's are expected to appeal the ruling.

Please visit our website at www.paysingerlaw.com for all your personal injury needs in the Denver metro area. If you live in the Denver Metro area and are injured in a car accident, call The Law Offices of Robert Paysinger, P.C. at (303) 279-0221 to speak with an attorney right away. We help injured people - it's all we do!

Sources: Washington Redskins Trademark Canceled: Latest Details and Reaction, Washington Redskins Lose 6 Trademarks in Landmark Case, Washington Redskins have trademark revoked, U.S. Patent and Trademark office calls name ‘disparaging’

Man Convicted in Hit and Run Accident Gets 4 Years in Prison

(Photo Credit: Denver Police Department)

31-year-old Nathan Beechley has been sentenced to 4 years in prison and 3 years of mandatory parole stemming from his involvement in a hit-and-run accident last in April of 2013.

Beechley was the driver of a vehicle that struck and killed Jonathan Lewis, 35. Beechley plead guilty to vehicular homicide, a felony in the state of Colorado.

Lewis was apparently walking in a crosswalk at the intersection of Ninth Avenue and Colorado Boulevard at approximately 2 a.m. on April 9, 2013, when Beechley hit and killed him. Beechley fled the scene but was apprehended the next day at an apartment complex in Aurora.

Beechley was also charged with fleeing the scene of an accident, but that charged was dropped as a result of his plea agreement, according to court records.

Prosecutors argued that Beechley's sentence should be the maximum of 6 years for a hit and run homicide. Attorneys for Beechley requested that he be placed on probation.

If you are injured in an auto accident or a hit and run accident, you need to speak with an experienced personal injury attorney as soon as possible. Call The Law Offices of Robert Paysinger, P.C. today at (303) 279-0221 or visit www.paysingerlaw.com for a free initial consultation. We help injured people - it's all we do!

Source: Aurora Man Gets 4 Years in Prison for Fatal Hit-and-Run Accident

Hershey Files Suit Against Colorado Marijuana Edible Manufacturer

The Hershey Co. has filed a lawsuit against TinctureBelle LLC and TinctureBelle Marijuana LLC for allegedly creating marijuana-infused products that closely mimic the design and appearance of four of Hershey's candy products.

The candy maker stated that the products created and distributed by TinctureBelle not only infringe on Hershey's products, but also create a safety hazard for children and unknowing consumers who might confuse the two products and mistakenly ingest marijuana.

The four products in question, TinctureBelle's Ganja Joy, Hasheath, Hashees and Dabby Patty, effectively copy the labeling, style, and appearance of Hershey's Almond Joy, Heath, Reese's Peanut Butter Cups, and York Peppermint Patties.

The Hershey Co. alleges that the products are so similar that TinctureBelle's products "create a genuine safety risk with regard to consumers" who could accidentally think they are eating a Hershey's product, when in fact they are consuming a candy infused with marijuana.

TinctureBelle's products are available at Colorado's medical marijuana dispensaries and recreational retailers.

The Hershey Co. seeks injunctive relief preventing TinctureBelle from creating and distributing the products, in addition to monetary damages.

Driving while intoxicated as a result of marijuana consumption has become an increasing problem in Colorado since the passage of various laws allowing both medical and recreational use of the drug.

If you are injured in a car accident in the greater Denver metro area, you need to speak with an experienced personal injury attorney. Call The Law Offices of Robert Paysinger, P.C. today for a free initial consultation. We help injured people - it's all we do!

Sources: Hershey sues Colorado Edible Pot Company

ATV Safety & Amy Van Dyken

The recent injury of the celebrated Olympic swimmer Amy Van Dyken-Rouen sustained while riding an ATV highlights the safety issues surrounding the use of the recreational vehicles.  Ms Van Dyken-Roeun was injured Sunday night near her home in Arizona while riding through a parking lot where she hit a curb, which caused her to launch over and the ATV went off an embankment.  She suffered severe injuries including a severed spinal cord.

The 6-time gold medalist suffered the injury after she had been out to dinner with her husband, former Denver Broncos punter Tom Rouen. Rouen was near his wife and riding a motorcycle at the time of the accident, and rushed to her aid. A paramedic happened upon the injured Olympian and rendered aid. She is now in her third day of intensive care treatment at a Scottsdale hospital, and is expected to remain there for at least several more days.

Van Dyken-Rouen suffered devastating injuries, including a severed spinal cord, a broken vertebra, and a near rupture of her aorta. The prognosis for her recovery is still evolving, however doctors have suggested that paralysis is a probability.

June 8th-15th is also coincidentally ATV Safety Week, a program sponsored by the ATV Awareness Institute, which aims to raise awareness about the substantial dangers posed by ATV's and similar vehicles.

ATV's have long been recognized as posing a serious risk. However, despite increasing awareness about the dangers of ATV riding, accidents involving the vehicles have increased in recent years.

Rouen has indicated that the couple has received an overwhelming amount of support in recent days following the accident. "It's rough," he noted, "but Amy is aware of the challenges ahead of her. She is ready to meet them head on."

On Tuesday morning, Van Dyken-Rouen posted an update to her twitter feed thanking her friends, family, and fans for the outpouring of support. "Doing great today. My Room is the most decorated in the ICU. Thx for ur thoughts & prayers!" Van Dyken-Rouen wrote. The family has asked for privacy during Amy's recovery.

On Thursday, Van Dyken-Rouen announced that she would be transferring to Craig Hospital in Englewood, CO to continue her treatment and spine rehabilitation. Van Dyken-Rouen is expected to remain at an Arizona hospital for a few more days, as more surgery may be required prior to her transfer.

"She's looking forward to coming home and going to Craig Hospital and being near her family and friends in Colorado," Amy's husband Tom Rouen said. "She's looking forward to being back in that Mile High air. She's going to tackle this like everything else she does in her life."
Craig hospital is a world-renowned treatment facility that specializes in spinal injuries, with several notable programs that have assisted injured persons with walking again.

If you are injured in a car accident in the greater Denver metro area, you need to speak with an experienced personal injury attorney. Call The Law Offices of Robert Paysinger, P.C. today at (303) 279-0221 for a free initial consultation. We help injured people - it's all we do!

Source: Amy Van Dyken-Rouen, 6-time Olympic gold medalist, severs spinal cord in ATV crash

Colorado Fails to Pass DUI Felony Laws

Prior to the end of the legislative session, a state Senate committee failed to pass a proposal to make repeat DUI offenders a felony in Colorado.  The bill proposed that anyone who receives a third DUI in a seven year span, or is charged with a fourth DUI would be charged with a class 4 felony.   The bills’ sponsors, Senators Steve King R-Grand Junction and Mike Johnston D-Denver, stressed that this is an important public safety issue, “I can’t see any reason for us to not stand up for basic public safety here, we keep a law on the books that says if you have eight or nine DUIs, you can still walk after a short stint in jail.  I’m not sure most Coloradans think this is a reasonable solution for a continuous problem.”

The bill had drawn more attention after a repeat DUI offender was caught earlier this year trying to drive away from an accident where a 17 year old was killed.  His blood alcohol limit was approximately four times the legal limit.

The NHTSA estimates that one third of first time convicted drunk drivers repeat their offenses.  Only four states do not have felony DUI laws according to MADD: Colorado, Maryland, Maine, and Pennsylvania.  In 2009, the Denver Post investigated the numbers behind repeat offenders and found that approximately 10,000 drunk drivers are stopped for DUI again.  

The House sponsor of the bill, Mark Waller states, “It’s not that we believe motorists with severe drinking problems who have proven their indifference to the safety of others necessarily pay a lot of attention to potential sanctions.  But they’re not oblivious to punishment, either.  And as Waller notes, having a felony on your record is a definite deterrent. 

Supporters of the bill have voiced their frustration and disappointment that the legislation did not pass.  Many are victims of DUI related accidents, such as Ellie Phipps Oliver who said, “People are dying on our roads all the time.  Don’t get me wrong – I am all for rehabilitation and believe that people make mistakes, but these people are drinking and driving, over and over again.”  Oliver was seriously injured in 2011 by someone who was charged with DUI, and had been charged four times previously.

Those who voted against the bill cited that it was appropriations related, the cost of implementing the bill is not available in the budget.  While this may be true, what is the cost of not passing this legislation to society as a whole?

If you have been injured in an auto accident, you need to speak to an experienced attorney as soon as possible.  Contact The Law Office of Robert Paysinger, P.C. at 303-279-0221 or visit www.paysingerlaw.com to set up a free consultation today!

Source: Measure to create felony DUI in Colorado rejected by Senate Democrats

http://www.madd.org

Fatal Motorcycle Accident on I-70

A fatal motorcycle accident occurred in Denver last Monday morning when two bikes were riding eastbound through a construction zone.  Apparently, the motorcyles were trying to pass a semi-tractor trailer, riding side by side when their handle bars touched, causing one rider to lose control.  The biker then hit a construction marker and was thrown from the motorcycle and underneath the semi.  The motorcyclist died at the scene. 

Investigators believe the bike was going too fast through the construction zone. This preventable accident brings into focus motorcycle safety.  Every spring the National Highway Transportation Safety Board reminds drivers to be extra alert of motorcyclists and to safely share the road.  Bikers should remember to make themselves visible to other vehicles. 

Other safety tips to keep in mind from the NHTSB:  Riding and alcohol don’t mix.  Alcohol affects balance and coordination, both essential to riding a motorcycle.  Statistics indicate that the percent of intoxicated motorcycle riders in fatal crashes is greater than the percentage of intoxicated drivers on the road.

Helmets save lives!  NHTSA estimates that helmets saved 1,829 lives in 2008, and that 823 more could have been saved if all motorcyclists had worn helmets.

Do insurance companies discriminate when determining policy rates?

Interesting article from cnbc.com on how insurance companies use big data to "optimize pricing" on auto and home insurance policies.  Do you think this is discrimination?
http://www.cnbc.com/id/101586404Data mining is now used to set insurance rates; critics cry foul

Medina Alerts Help Solve Hit-And-Run Cases in Colorado

Governor John Hickenlooper signed a bill today that will create statewide alerts for hit-and-run accidents in Colorado similar to Amber Alerts.  The cities of Denver and Aurora already have such notifications in place.  The legislation, known as “Medina Alerts” creates a warning to the public to assist authorities in locating vehicles that have been involved in hit and run crashes.  The message will go to patrol cars, cabdrivers, news outlets and truck drivers.  

Part of the benefit is that the alerts can be transmitted to the overhead traffic signs through the Colorado Department of Transportation. The law is named after Jose Medina, 21, who was killed by an SUV two years ago his first day on the job as a valet, when the driver sped away after hitting him.

A taxi driver that saw the accident sped after the vehicle and was able to provide law enforcement officials with the license plate number.  Those responsible were eventually arrested.

Authorities estimate that the alerts have assisted in solving 13 hit-and-run cases out of the 17 times they have been used. 

If you have been injured in an automobile accident, you need to speak to an experienced personal injury attorney right away.  Call the Law Office of Robert Paysinger at (303) 279-0221 for a free consultation or visit our website at www.paysingerlaw.com

Source:  www.denverpost.com

Teens and Distracted Driving

A study published last week by the Virginia Tech Transportation Institute indicates that teen drivers are very cautious when they start driving, but increasingly engage in risky behavior as time passes. "Novice drivers are more likely to engage in high risk secondary tasks more frequently over time as they become more comfortable driving," said Charlie Klauer, from the Center for Vulnerable Road User Safety.

The study found that in the first six months, novice drivers were careful, but as they gained experience they began to participate in distracting activities, such as dialing their cellphones, or other mobile devices.  This study was the first to look at how multitasking affects beginners as well as experienced drivers.

Researchers found that the use of hand-held cellphones or other portable devices increases the risk of crashing by 300 percent, sending or receiving a text takes the driver's eyes off the road for a little over four seconds, which is the time it would take to drive 100 yards at 55 mph.  The moral is simple: driving requires attention.

If you have been injured in an auto accident by a distracted driver, you need to speak to an experienced personal injury attorney.  Call The Law Offices of Robert Paysinger at (303) 279-0221 or visit www.paysingerlaw.com today to schedule a free consultation.

Source: USA Today