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Damages

On a June morning in 2016, Richard Terlingen came to Denver District Court for a case management conference. He was rolling down the hallway using a sip-and-puff wand to drive his heavy-duty extra-large electric-power wheelchair. He mis-judged the courtroom entrance by an inch or so on the right and bashed into the door frame. Richard cussed softly to himself and backed out. He was a big man in a big wheelchair. Richard Terlingen, age 61, was paralyzed from the neck down. He was a quadriplegic (medical term: “tetraplegic”). He had no movement or...


What is a Ski Collision Case?

What is a ski collision case?Skiing is not a contact sport and being blindsided by another skier or snowboarder is not an inherent risk under either Colorado or Utah law. Colorado law presumes that the uphill skier or boarder is at fault in a skiing accident, because the overtaking skier has the primary duty to avoid the skier below. In Utah, skiers are required to exercise “reasonable care” to avoid collisions. Usually, this also means the uphill skier must yield to skiers below.Thus, one of the key issues in any skier/skier case is who was the...


Colorado Ski Law

Colorado’s "Ski Safety Act," located at Colo. Rev. Stat. Ann. §§ 33-44-101 to -114 provides for skier assumption of inherent dangers, and creates statutory duties for skiers and operators. Skiers, inclusive of sledders and snowboarders, have duties to ski within their abilities, with uphill skiers having a primary duty to avoid collision. Breach of skier duties constitutes negligence.No distinction is drawn between young children and adults in application of the Act, such that the common law, particularly that young children can not commit...


Complex Cases Require Experienced Lawyers

IT ONLY TOOK 1.7 SECONDS. The Ford Taurus was northbound at 65 mph. It lost control, crossed the median, ejected its driver, became airborne, then crashed into the windshield of a southbound HVAC service van. The impact instantly killed the van driver and injured his co-worker in the passenger seat. First responders smelled alcohol on the breath of the Taurus driver. Her blood test result was positive for alcohol. Felony charges were filed against her alleging careless driving causing death—aggravated by DUI. The wrongful death case on behalf of...


Motor Vehicle Accidents 2019

Motor vehicle accidents are one of the leading causes of death among healthy U.S. citizens. An estimated 2.5 million people are severely injured or permanently disabled every year, from an auto accident. As distracted driving trends arise, the number of motor vehicle accidents are drastically increasing. The most common causes of accidents resulting in death are drunk driving, speeding and distracted driving. Statistically most fatal crashes happen during weekends and on holidays.


Sharing The Road: Motorcycles

According to the NHTSA (National Highway Traffic Safety Administration) motorcyclists are about 28 times more likely than passenger vehicle occupants to die in a motor vehicle crash, and 5 times more likely to be injured. The increase in motorcycle fatalities continues to be a tragic trend over the last few years. It is important for motorists and motorcyclists to share the road responsibly and be mindful of ways they can help prevent auto/motorcycle crashes.


Colorado's new "Red Flag Law"

It doesn’t matter which side you take in the gun debate. Everybody wants the killing to stop. Red flag laws were proposed after the February 14, 2018 shooting at the Marjory Stoneman Douglas High School in Parkland, Florida. These laws change the focus away from reaction to prevention. Colorado is one of 12 states to enact a red flag law since the Parkland shooting.


Back to School Safety

It’s back to school time, which means we’re sharing the road with young pedestrians, young cyclists and school buses, more than any other time of the year. Safety for school aged children requires total awareness from drivers and an understanding of designated school zones. Sharing the road with young students, means sharing the road with school busses. There are important rules and tips that we can all follow to ensure safety on the road for young commuters.


Justice For All

JUSTICE FOR ALL When I was a young girl growing up in Roanoke, Virginia, our class started each day with the Pledge of Allegiance. The Pledge ended with the words from which I drew inspiration: "Justice for All." Now, those words ring hollow for many Coloradans. Wealth inequality has been widely discussed as a political issue. Less attention, however, is paid to the ever-growing barriers to civil justice for low-income people trying to protect themselves and their families. Access to legal counsel is a growing national problem even though there...


Texting and Driving

In 2017, 3,166 people were killed in motor vehicle crashes involving drivers who were texting while driving. That total rose to 4,637 people in 2018. Statistics involving texting and driving are alarming. 1 out of 3 people text while driving and each day 11 teens die in crashes caused by texting and driving. Most would argue that texting and driving is an issue primarily amongst teenage/younger drivers, but according to a poll by teensafe.com, 77% of adults believe they can easily manage texting while driving, while 55% of teens feel the same....