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.