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!

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

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

You've Been in an Accident: Now what?

Welcome to the Auto Accident Blog prepared by the Law Offices of Robert Paysinger, P.C.

The purpose of this blog is to constantly provide updated information on the best procedures you can take if you have been in a car accident. We welcome any questions, comments, or concerns from our readers, although we must provide a disclaimer that we cannot provide legal advice over the internet. 

Getting in a car wreck can be one of the most life changing events that can happen to someone. Not only are property damage and injuries a common outcome of car accidents, but also the personal and emotional trauma that comes with an accident can be equally severe.

If you are in an auto accident, there are several different methods of action to pursue. Calling 911 and/or the police is the first step, and is also essential. However, there are varying instructions regarding the next step depending on who you listen to. 

Insurance companies are businesses who make a profit off of paying the least amount of money that they can on each claim they receive. A personal injury attorney, however, is paid by obtaining the maximum amount of money possible for a client who has been injured. As a result, their recommended procedures differ significantly. Here is an outline for a course of action after an auto accident as provided by Denver Personal Injury Attorney Robert Paysinger:

DOS AND DON'TS IF YOU ARE IN AN ACCIDENT

• Don't discuss fault with anyone.
• Don't give ANY statement to the other person's insurance company.
• Don't deny any injuries you may have suffered.
• Don't be brave and courageous and sit at home in pain. Go to the doctor or emergency room if you are hurt.
• Don't delay in seeking medical care.
• Don't miss doctor's or therapy appointments.
• Do contact the police immediately if you are in an accident involving an automobile, motorcycle, truck, bicycle or pedestrian.
• Do take pictures of the scene and any visible injuries.
• Do report the accident to your insurance company and obtain a copy of your policy.
• Do locate and get the names, addresses, and telephone numbers of any witnesses.
• Do keep track of all of your damages, medical bills loss of earnings or any out-of-pocket expenses.
• Do save you all of you medicine bottles, casts, neck braces or other medical devices or appliances.

These suggestions differ in subtle but significant ways from what an insurance company suggests. Let's take Geico for example:

1. Be Safe

• Move your car to a safe nearby location, but be careful not to leave the scene.
• Check to see if anyone is hurt. Call 911 for medical assistance.
• Contact the police. They will let you know if an officer needs to be present at the scene.

2. Stay Calm

• Don't panic – remain calm and polite
• Do not admit fault
• Cooperate with the police

3. Exchange information

• Collect contact information for anyone who was there, including other drivers, witnesses, and the tow company if your car is towed.
• Obtain police report information
• Collect information about all vehicles involved:
• Year, make, and model
• License plate number
• Insurance carrier
• Insurance policy number

While the differences may appear to be very subtle and even negligible when examined ostensibly, there are important reasons why each of these two lists are worded in the way that they are. One of the primary reasons is that the insurance company is attempting to minimize the amount of money it disperses per claim, while an attorney is trying maximize the amount of money received.

For example, lets examine one of the key aspects in terms of significant differences between these two lists. On Geico's list, it instructs the driver of a car wreck to "Call 911 for medical assistance" but only after making sure that someone is "hurt." In contrast, the list provided by a personal injury attorney implores the person to seek medical care immediately, and to follow up and attend all therapy and follow up sessions. This is because if the insurance company is able to confirm that one of their clients missed a therapy session or neglected to seek medical attention immediately, then they are able to reduce the total of their offer.

If you live in the Denver area and you have been injured in a car accident or slip and fall, or you were injured on the job and you would like to speak to an attorney, feel free to call the Law Offices of Robert Paysinger, P.C. at (303) 279-9221 or find us on the web at The Law Offices of Robert Paysinger, P.C.