Riding an electric scooter in Denver can be convenient, but it can also be dangerous. A visiting Minnesota executive landed in intensive care at Denver Health Medical Center after he crashed on the scooter he was riding March 10. He suffered a skull fracture and a traumatic brain injury.

The same month, a 62-year-old had a scooter accident in San Diego and fractured his neck.  Another rider in that city fell and suffered a life-threatening head injury. These and other accidents prompted the San Diego City Council to adopt an 8 mph speed limit for the scooters in high-traffic pedestrian walkways and to designate two downtown areas as no-ride zones.

Sadly, in February an Irish exchange student became the third fatality resulting from a scooter accident in 2019. And an additional victim was left in a permanent vegetative state after a collision with a car while riding her scooter.

She is one of about 1,500 people across the country injured in an e-scooter accident since late 2017, according to Consumer Reports. The consumer advocacy group contacted 110 hospitals and five agencies in 47 cities where at least one of the two biggest scooter companies, Bird or Lime, operates. The institutions were queried as to the number and types of scooter-related injuries.  

A UCLA (Jan 2019) study also examined the injuries associated with e-scooter collisions, focusing on the scooter riders and pedestrians struck. The most common accident, according to the study, were falls (74 percent), followed by collisions with objects (10 percent), and being struck by a moving vehicle, like a car or bicycle (8 percent). The greatest harm was to the scooter riders, with 92 percent of injuries suffered.

The UCLA researchers examined records for admissions at the UCLA Medical Center, Santa Monica, and Ronald Reagan UCLA Medical Center emergency departments between Sept. 1, 2017, and Aug. 31, 2018. Significantly, it was determined that about one-third of the 249 injured riders covered by the survey arrived by ambulance. And of those injured riders, only 10 were wearing a helmet while operating the scooter.

The injuries themselves were categorized into three groups: head injuries (40 percent), fractures (32 percent), and cuts, sprains, or bruises without a fracture (28 percent). Fifteen people were admitted to the hospital, including two treated in an intensive care unit, according to the study.

In Denver, eight different companies have permits for e-scooter fleets, but only Lime, Bird and Jump have entered the market. If it felt like more to you, that’s because it’s already quite a lot of vehicles. Now there are 350 Lime scooters, 350 Bird scooters, and 200 Jump bikes darting around town.

Safety concerns prompted the Denver City Council to pass new rules in January for dockless electric scooters, the Electric Mobility Scooter ordinance.  The ordinance allows scooters to only ride on the sidewalk if a bike lane or a roadway under 30 mph is not available. When on the sidewalk, scooter users must yield to pedestrians and keep the scooter speed under 6 mph. When riding on roads, scooters must keep to the right side of the road and follow all the traffic rules cars and bikes follow. The scooters must also have lights during night hours. Electric scooters are prohibited from Denver’s 16th Street Mall.

The Colorado state legislature has also weighed in, with HB19-1221 passing both chambers and presumably heading to the governor’s desk for his signature. The new law will exclude electric scooters from the definition of “toy vehicle” and include electric scooters in the definition of “vehicle”, thus authorizing the use of electric scooters on roadways. The bill affords riders of electric scooters the same rights and duties that riders of electrical assisted bicycles have under the laws of the state.

Tips for Cyclists

Biking is a healthy and eco-friendly way to commute, exercise, or just enjoy the outdoors. However, sharing the road with cars and trucks can be dangerous for cyclists. As a responsible driver, it is essential to be aware of cyclists on the road as well as cyclists being aware of the rules of the road when riding.

Cyclists have the same rights and responsibilities as motorists. Always Remember to:

• Yield to Pedestrians
• Stop for stop signs
• Signal turns
• Travel with the flow of traffic

If you are riding a bicycle on the road, you are considered a vehicle on the road. Cyclists are required to obey the same road signs and traffic signals as motorists. Cyclists must always yield to pedestrians or other road users already in the intersection or crosswalk. Cyclists should always follow the rules of the road when riding in the streets and be extra cautious at busy intersections.

Cyclists may or may not be allowed on sidewalks in your community. If bikes are permitted on sidewalks, it is important to consider potential hazards such as:

• Pedestrians with pets and strollers
• Sprinkler systems
• Obstructions such as debris, open gates, planters and landscaping
• Other cyclists, runners, skateboarders and walkers.

Remember you are sharing the road with others and with that comes responsibility and awareness. If you are riding alongside large vehicles such as vans, SUV’s, trucks and motor homes you should be extra cautious. These vehicles have massive blind spots and drivers may not see you.  Here are some additional safety tips when sharing the road with large vehicles:

• Scan left, center and right.
• Give extra distance behind large vehicles, their blind spots may be too big to see you.
• Be extra cautious when you are behind a large vehicle turning right.

Tips for Drivers

When sharing the road with cyclists, it is important to consider bicyclist vulnerability. A car weighs 2 tons and a bike weighs a mere 20 pounds. Knowing the difference in size and weight between cars and bikes will allow a driver to be more mindful of space on the road when sharing it with a cyclist.

Important facts to consider when sharing the road:

• Bicycles on the roadway are considered vehicles. This is true for any cyclist 10 years and older.
• Not all cities allow bicycles on the sidewalk. Therefore, the road or indicated riding area would be the correct area for cyclists to ride.
• Cyclists are on the same level as motorists. They have the same rights and responsibilities.
• Adjust your attitude with entitlement on the road and be patient. There is a human on that bike and they have every right to share the road with drivers.

Cyclists agree that giving them space on the roadway can make a huge difference in safety. Over 20 states have passed laws requiring motorists to give bicycles on the roadway  3 feet of space. The 3-foot rule helps drivers by giving them a concrete frame of reference.

Drivers must be alert and patient while sharing the road. Drivers should also note these important tips:

• Put your cellphones down. (You shouldn’t be on your phone while driving no matter what!)
• Look twice for cyclists before turning left or right onto a road.
• Check before opening your car door when parked on a street.
• Accept that cyclists are here to stay.

Bicycling is on the rise. People are no longer just biking for exercise or work. Cyclists are riding to the grocery store, school, and for many, riding is the only form of transportation. The more we consider others on the road, the safer it will be when we share it.

It can be jarring and scary when a motor vehicle accident occurs. And in the moments following a car crash, you may not know what to do. It is common to enter a state of shock, become disoriented, confused, and have difficulty thinking clearly. Because of the stressful nature of a car crash, you should be prepared with an accident procedure and a checklist of what to do if you are involved in a collision.

If you have been involved in a car accident in Colorado, there are several steps you should follow, and it is critical to take action right away. We recommend keeping a list of phone numbers, your insurance information, a list of questions to ask, and a checklist of information to obtain from the other party in your car if an incident occurs.

Use the following steps as a guide on what to do after a crash, and contact us if you or anyone you know need advisement on the proper steps to take following an auto accident.

I was Involved in a Car Accident. What Do I Do?

1. Do not leave

Never leave the scene of an accident. However, you must be out of harm’s way so if necessary, and possible, move your car to a nearby, safe location.

2. Check for Injuries and Call the Police

If a serious injury occurs, call 9-1-1 immediately and tell them you need medical assistance.

Even if no one is seriously injured, you should always call the police. A police report is often needed to file an insurance claim. Additionally, it serves as a valuable piece of evidence in case investigation.

3. Exchange Information with the Other Driver

Ask the other driver for their driver’s license number, insurance card information, address and contact information. Also, make sure to obtain their license plate number and document the time and date of the accident.

4. Document and Gather Evidence

Use your phone to take pictures of the scene and any damage sustained to your vehicle as well as the other vehicle, from multiple angles. Also, check for skid marks and if there was damage to any property surrounding the accident scene.

If you sustained a visible injury, it is important to document these as well. In addition, obtain contact information and a brief statement from anyone who witnessed the accident.

5. Seek Medical Attention

Whether you were visibly injured or not, we always recommend seeking medical care immediately following a car accident. Latent injuries are common with vehicle crashes and often do not show up right away. Disclose any pain or discomfort you are experiencing, even if it is only slight, and be sure to make your doctor aware of any pre-existing conditions.

If you are injured, follow your doctor’s instructions, recommendations for other medical care such as physical therapy, and make sure you do not miss any follow up appointments.

6. Contact Your Insurance

Notify your insurance company as soon as possible, even if you believe you are not at fault. Most insurance companies have policies that require you to notify them within a certain time frame following a motor vehicle accident. It is also important to confirm if you have medical benefits as part of your insurance coverage.

Be honest when speaking to your insurance company and the other driver’s insurance company, but it is best to stick to the details of the accident and avoid discussing who is at fault.

7. Call an Attorney

It is best to consult with a Colorado personal injury lawyer who has extensive knowledge and experience dealing with traffic accident law as soon as possible following the incident. Your lawyer can protect your rights during the legal process, determine how much your claim is worth and the damages you are eligible to collect and advocate for you against the insurance companies while you focus on your recovery.

If you feel like your commute is taking longer, it is.

Newly released census data show that Colorado was the sixth fastest-growing state over the last 10 years. Colorado’s population grew at nearly twice the rate of the rest of the nation between 2010 and 2020, the U.S. Census Bureau reported earlier this month. The Denver metro area and northern Colorado counties saw some of the strongest growth. While the rapid growth over the last decade has done wonders for the Centennial state’s economy, it has also created significant challenges around traffic congestion.

Traffic Congestion in Colorado – And what it’s costing us

A recent economic report released by TRIP, a national transportation research non-profit, confirms what Colorado drivers have speculated for some time — that vehicle travel in Colorado has increased substantially in recent years. From 2000 to 2019, vehicle travel in Colorado increased by 31 percent, the ninth highest rate in the nation.

The report, “Keeping Colorado Mobile,” states congested roads and highways cost Colorado drivers $3.5 billion per year in lost time and wasted fuel. Annually, traffic delays cost the average Denver driver $1,242 per year or 26 gallons of wasted fuel, and 62 hours lost to congestion. In Colorado Springs, congestion costs drivers $838 per year and 44 hours lost, while northern Colorado drivers lose about $460 per year and 22 hours annually. Consequently, the increase in traffic not only impacts motorists’ bottom line but is also directly tied to the quality of life for the state’s residents.

Colorado’s 10 most congested highway segments

Here is TRIP’s list of Colorado’s ten most congested roads and highway segments. The results are based on the measured volume of traffic carried by a roadway compared to its capacity.

RANK	ROUTE	URBAN AREA	SEGMENT	AVG. DAILY TRAFFIC
1	SH 470	Littleton, Lone Tree	Santa Fe Dr. to Yosemite St.	104,959
2	I-25	Denver	Hampden Ave. to Speer Blvd.	236,182
3	SH 83 (Parker Rd.)	Aurora	Hampden Ave. to Dartmouth Ave.	79,662
4	SH 88 (Arapahoe Rd.)	Greenwood Village, Aurora	I-25 to SH 83 (Parker Rd.)	65,656
5	I-25	Lone Tree, Denver	Lincoln Ave. to SH 285 (Hampden)	242,249
6	I-70	West Vail, Vail	Chaonix Rd. to Vail Rd.	45,000
7	SH 85 (Sante Fe Dr.)	Littleton	Blakeland Dr. to Mineral Ave.	43,455
8	SH 24 (Powers Blvd.)	Colorado Springs	Fountain Blvd. to Platte Ave.	61,909
9	SH 85 (Santa Fe Dr.)	Englewood, Denver	Hampden Ave. to I-25	93,128
10	SH 287	Westminster	SH 36 to 104th Ave.	39,047

Without an updated, efficient, safe, and resilient transportation infrastructure, fighting traffic congestion will continue to be part of the daily routine for commuters in Colorado. Fortunately, a comprehensive statewide transportation funding package was signed into law on June 17. Senate Bill 21-260 will allocate nearly $5.3 billion in funding for transportation over the next decade, with the majority of it going towards maintenance and new construction on roads and highways across the state.

Chalat Hatten & Banker is proud to announce all four of its personal injury attorneys have been recognized by Best Lawyers in the 2022 edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. It is considered to be the most respected peer-review publication in the legal profession. A listing in Best Lawyers is regarded by both clients and legal professionals as a significant honor.

In addition, senior trial attorney, Jim Chalat, was named the 2022 Lawyer of the Year in Legal Malpractice Law by the same prestigious publication, Best Lawyers. Only one lawyer is recognized as the “Lawyer of the Year” for each practice area and location, making this accolade particularly significant. This year’s recognition marks Jim Chalat’s 9th consecutive selection in The Best Lawyers in America. It is also his second Lawyer of the Year award. Jim was awarded Denver’s Lawyer of the Year award in 2017 in the field of Professional Malpractice Law – Plaintiffs.

All four of the firm’s Denver, CO personal injury lawyers have been named to this distinguished list for the second year in a row. Recognition in this highly competitive process demonstrates Chalat Hatten & Banker’s superior client service and legal talent in personal injury law.

Congratulations to our esteemed colleagues for their recognition in the 2022 edition of The Best Lawyers in America

• Evan P. Banker
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs
• James H. Chalat – Voted the 2022 “Lawyer of the Year” for Legal Malpractice Law – Plaintiffs in Denver
  • Personal Injury Litigation – Plaintiffs
  • Legal Malpractice Law – Plaintiffs
  • Medical Malpractice Law – Plaintiffs
  • Professional Malpractice Law – Plaintiffs
• Linda J. Chalat
  • Product Liability Litigation – Plaintiffs
• Russell Hatten
  • Personal Injury Litigation – Plaintiffs

Selection to the Best Lawyers lists is based on an exhaustive peer-review evaluation. All included lawyers must first be nominated by their peers, and then voted for by a certain number of listed lawyers who take part in the survey. Because lawyers are not allowed to pay a fee to be listed, inclusion in this list is considered a singular honor.

SERVING COLORADO FOR OVER 3 DECADES

Chalat Hatten & Banker is consistently recognized as a premier personal injury law firm in Colorado and the United States. The firm has earned a ranking with U.S. News & World Report – Best Lawyers as a “Tier 1” ranked law firm in Plaintiffs’ Personal Injury Litigation since 2017. The firm has also been named by the Legal Aid Foundation of Colorado as a “Leadership Law Firm.” In addition, each lawyer has been named a top personal injury lawyer in Denver, CO by 5280 Magazine and Super Lawyers for several years in a row.

Chalat Hatten & Banker is proud to serve clients across Colorado, including Denver, Aurora, Pueblo, Fort Collins, Boulder, and Colorado Springs. Our award-winning team of skilled litigators has the scope of experience in all areas of personal injury law, including motor vehicle accidents, ski accidents, other recreational injuries, professional malpractice, premises liability, defective products, and more. At Chalat Hatten & Banker PC, our personal injury attorneys provide responsive and client-focused legal counsel. Regardless of the personal injury matter, our dedicated lawyers are here to help.

The pages of fine print that skiers and snowboarders must agree to when hitting the slopes in Colorado — waivers of liability — do not protect ski resorts when resorts violate state laws or regulations, the Colorado Supreme Court ruled Monday.

The ruling, handed down in the case of a 16-year-old girl who fell from a ski lift at Crested Butte Mountain Resort and was paralyzed two years ago, likely ends a years-long push by the ski industry to use waivers to shield resorts against almost all lawsuits, even in cases where ski areas violated state law, experts said.

“It’s a sea change, in terms of ski areas’ responsibilities and consumers’ ability to be protected from ski areas’ negligence,” said Evan Banker, a personal injury attorney at Denver firm Chalat Hatten & Banker. “…From a consumer protection standpoint, it’s huge. Because liability breeds responsibility.”

In their 5-2 decision, the Colorado Supreme Court justices considered a lawsuit brought by Annie Miller and her father, Michael Miller, over Annie’s 30-foot fall from a lift at Crested Butte, which is owned by Vail Resorts. The father and daughter from Oklahoma boarded the Paradise Express chairlift, a four-seat, high-speed lift at the resort, on March 16, 2022.

Annie couldn’t get properly seated, and grabbed the chairlift to keep from falling. Her father and others began to yell for the lift to be stopped as she was dragged forward, but the lift continued with Annie hanging from the chair and her father trying to pull her back to safety.

Eventually, Annie fell and landed on her back. Even then, the lift did not stop, and Michael Miller was forced to ride to the top and ski down to his daughter, who suffered severe injuries and was paralyzed after the fall.

Michael Miller brought a negligence lawsuit against Crested Butte, arguing that the resort employees should have stopped the lift well before Annie fell and that failing to do so violated Colorado’s Ski Safety Act and the Passenger Tramway Safety Act. A lower court ruled much of Miller’s claim was invalid, and he appealed to the Colorado Supreme Court.

Monday’s ruling partially reversed the lower-court decision and allows Miller to continue to pursue the negligence lawsuit against the resort.

Sara Huey, a spokeswoman for Vail Resorts, declined to comment on the ruling because the Millers’ lawsuit is ongoing. In court filings, attorneys for Vail Resorts argued that the lawsuit misstated the precedent in Colorado around private liability waivers, which skiers and snowboarders must agree to when buying lift tickets and passes.

“Colorado courts have upheld private recreational waiver agreements, even where the plaintiff could have (or did) point to a statute regulating the activity,” attorney Michael Hofmann wrote. “The existence of recreational safety regulation has never been enough to prohibit private parties from agreeing that a waiver defense will be available.”

“Big victory for ski safety”

More broadly, the state high court’s decision likely ends efforts by the ski industry to expand the protections that waivers of liability give ski areas.

“This was a big victory for ski safety in Colorado,” said Bruce Braley, who represented the Millers. “It says unequivocally that ski areas cannot force skiers and snowboarders to sign away their rights to protection under the statutes and regulations that govern the ski industry in Colorado.”

The ruling turns back the clock on liability in some Colorado ski accident cases, Banker said.

“For many, many years… everyone sort of agreed that when you sign that waiver you are waiving claims of negligence, but you can always still make claims if the ski area fails to do the things it is required to by law, like maintaining the lift properly,” Banker said.

But since about 2017, the ski industry has been successfully challenging that understanding through targeted litigation, winning key court cases that strengthened the protection afforded by waivers and pushing to essentially provide complete immunity for anything that could happen at a ski resort unless there was gross negligence, Banker and Braley said.

“So what this has done is change that,” Banker said. “It brings us back to the landscape everyone understood it to be many years ago. Which is, you can waive claims of negligence, but the ski area doesn’t get to avoid its legal responsibility, its responsibility in statute and regulations, by having you sign a waiver.”

Adrienne Saia Isaac, a spokeswoman for the National Ski Areas Association, a Lakewood nonprofit that represents more than 300 sk- area members, said it is “too early to tell how the ruling will affect the Colorado ski industry.”

The association argued in court filings both that the lift operator at Crested Butte was not required to stop the lift in response to Annie Miller’s mishap, and that liability waivers do not allow ski areas to get around statutory regulations.

“While chairlift accidents within the reasonable control of ski area operators will never be eliminated, they are rare,” wrote Brian Birenbach, an attorney in Breckenridge representing the National Ski Areas Association. “This will not change by the continued enforcement of liability waivers in the courts.”

Source:  SHELLY BRADBURY | sbradbury@denverpost.com | The Denver Post

Article: Liability waivers don’t shield Colorado ski resorts that violate law (denverpost.com)