Category: Denver Personal Injury Attorney

Spending a day skiing, snowboarding, or sledding can be an exhilarating, fun-filled time for individual sportsmen and families alike. Ultimately, with so many people occupying a ski area at any given movement, staying safe is very important.

Donaldson Law, LLC has practiced personal injury law in Denver, Colorado, for years, and founder and manager, Jennifer L. Donaldson understands the importance of observing longstanding safety measures. While skiing and snowboarding are fun, recreational activities, there are many things that a prospective skier should learn even before going out onto the snow.

For that reason, Donaldson Law, LLC created the Winter Sports Accident Resource Center. Donaldson Law, LLC has seen, firsthand, injuries caused by avoidable accidents while participating in a winter sport.

The Winter Sports Accident Resource Center will prepare readers for the extreme cold-weather conditions in Colorado and teach visitors the responsibilities that each skier or snowboarder must observe when visiting a ski area. Donaldson Law, LLC wants to ensure that people stay safe.

Click Here to learn more about preparing for winter sports activities.

Introducing the Colorado Teenage Driver Resource Center

Being a teenage driver, or the parent of a teenage driver can be stressful to say the least. You want your child to be a safe and responsible driver.

Attorney Jennifer L. Donaldson at Donaldson Law, LLC recognizes how it important it is for young drivers to understand the driving laws, driving statistics, and other information on operating a motor vehicle on Colorado roadways.

This is why she created the Colorado Teenage Driving Resource Center. As an experienced Denver Personal Injury attorney, Jennifer Donaldson has seen first-hand, the negative effects of inexperienced teen drivers with little information about the consequences of irresponsible driving.

The Colorado Teenage Driving Resource Center provides a list of the most helpful resources for teen drivers and their parents. The Center is designed to be a one-stop-shop, with a lot of information on things like obtaining a Colorado driver’s license, the consequences of driving under the influence of alcohol or marijuana, and what to do after having your license suspended.

Follow this link to find more information on what Colorado teenage drivers should know.

The Federal government may change the way the states handle arbitration in nursing homes for good. There are two potential changes coming down the federal pipeline that could drastically alter the way nursing home disputes are handled. First, the Center for Medicare and Medicaid Services (CMS) has attempted to propose a new rule that would prohibit federal funds to nursing homes that use binding arbitration agreements in their nursing home contracts.

Second, the U.S. Supreme Court heard oral arguments on February 22, 2017, on Kindred Nursing Crts. Lp. v. Clark (U.S. No. 16-32), where the Court has been called to answer the question of whether the Federal Arbitration Act (FAA) preempts a state law contract rule that requires a power of attorney to expressly refer to arbitration agreements before the attorney-in-fact could bind her principal to an arbitration agreement.

New CMS Rule Prohibits Arbitration in Nursing Home Agreements

In October 2016, the Center for Medicare and Medicaid Services (CMS) proposed a rule that would prevent federal funding from going to nursing homes that used binding arbitration agreements in their contracts. The CMS ban was set to go into effect on November 28, 2016; however, at the request of the American Healthcare Association, the industry trade group, and four other state and local healthcare groups, a judge in the U.S. District Court for the Northern District of Mississippi granted an injunction to prevent the rule from taking effect.

The CMS filed a notice to appeal the injunction in January 2017.

Does Federal Law Preempt State Legislation on Arbitration?

The Federal case, Kindred Nursing Ctrs, concerns a question of Kentucky contract law where the Kentucky Supreme Court rejected an arbitration agreement signed by a “representative” of a nursing home resident rather than an individual with power-of-attorney over that residence.

Interestingly enough, the Colorado Court of Appeals came to a very similar conclusion in Lujan v. Life Centers of America, 222 P.3d 970 (C.O. Ct. App. 2009). In Lujan, the patient’s son signed a nursing home agreement, which included an arbitration provision. The patient’s son was considered a healthcare proxy for purposes of medical treatment decisions but was not power of attorney. Here the Court held that the decision to arbitrate was not a medical treatment decision that a healthcare proxy could enter into on a patient’s behalf.

On the one hand, nursing home supporters have stated that the FAA was enacted to put arbitration agreements on the same footing as contracts. Their argument is that the FAA prohibits a state from placing more of a burden on arbitration agreements than on any other contracts.

The counter-argument presented by the representatives of nursing home residents argues that using the FAA as a preemptive mechanism would lead to unconstitutional interference in the state court’s ability to interpret and apply state agency law without running into issues with federal policy.

Considering that the factual scenario in Kindred Nursing Crts. was so similar to that in Lujan, it will be interesting to keep an eye out for the U.S. Supreme Court decision on Kindred Nursing Ctrs.

Either way, these two federal policies could drastically change the way nursing home disputes are handled throughout Colorado and several states. If you or someone you know has a loved one in a nursing home with an arbitration agreement, keep an eye out for the decision in this case.

Why are Arbitration Clauses Harmful

Arbitration clauses can be harmful to nursing home residents because they remove the right of a cause of action in a court of law from potentially vulnerable individuals and deny them the right to have their case heard by a jury. Nursing homes, by definition, house people who are in some way more susceptible to being taken advantage of than the average person. When an individual moves into a nursing home, it is because he or she is usually older and needs assistance with his or her basic necessities.

While some nursing home residents have very active family members who ensure that their loved ones are being adequately taken care of, many residents do not.

Moreover, some arbitration arguments are unfairly skewed with the nursing home having the ability to choose the arbitrators, the length of arbitration, and the number of votes for a favorable outcome, leaving the nursing home residents at the mercy of an arbitration process that they had no voice in choosing.

Additional Resources

“Supreme Court’s Nursing Home Arbitration Case Could Have Wider Implications” –Visit Bloomberg BNA to find out more information on Kindred Nursing Ctrs, the issue of federal preemption, and how such a decision could affect the application of state law.

Petition for a Writ of Cert –Kindred – Visit the Scotusblog website for the full 177-page petition for Writ of Certiorari filed by the Counsel for the Petitioner in Kindred Nursing Ctrs.

Find an Attorney for Nursing Home Disputes in Denver, Colorado

If your loved one has suffered serious injuries or died due to abuse or neglect in a nursing home, and you are unsure whether you signed an arbitration agreement, you should seek legal counsel immediately.

Donaldson Law, LLC represents clients throughout the Mile High City and many surrounding areas, including Littleton, Thornton, Westminster, Longmont, Centennial, Boulder, Aurora, Lakewood, Arvada, and many others.

Denver personal injury lawyer Jennifer Donaldson’s more than 25 years of experience has earned her an AV Preeminent® Peer Review Rating™ from Martindale-Hubbell®, a testament to the respect and esteem of her peers.

She can review your case as soon as you call (303)-458-5000 to schedule a completely free consultation.

How Colorado Defines Reckless Driving

According to the Colorado Revised Statute 42-4-1401, reckless driving is defined as follows: “A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of section 42-2-127.”

Common Types of Reckless Driving

Here are some examples of reckless driving:

• Speeding excessively
• Tailgating
• Racing other cars
• Ignoring traffic signs and signals
• Not letting people pass
• Passing illegally

Penalties for Reckless Driving in Denver

For the first reckless driving offense, motorists may face:

• a $150-$300 fine
• Ten to 90 days in jail

For the second reckless driving offense, motorists may face:

• a fine of $50-$1,000
• Ten days to six months in jail

Reckless driving convictions may also add eight points to the driver’s driving record, which can result in an increased insurance rate and/or license suspension.

Reporting Colorado Drivers

According to the Denver Post, more than 600 people died in Colorado driving collisions last year. The number of deaths caused by auto collisions is up by eleven percent (11%) from 2015’s numbers –making it the highest number of deaths caused by car crashes in a decade.

Of the more than 600 deaths, 380 were in cars, sports utility vehicles, or trucks, 125 were motorcyclists, and 84 were pedestrians.

The Colorado Department of Transportation has reported everything from distracted driving, like texting, and talking on the phone –to- the lack of seatbelt use as the cause for the increase in driving fatalities.

How to Spot an Impaired Driver

Considering the many crashes and fatalities on the Colorado roadways in the past few years, being safe is of the utmost importance. If you spot a driver that appears to be impaired or is driving aggressively, you can dial “CSP” or “227” for the Colorado State Patrol dispatcher.

Give the dispatcher the exact location, to the best of your ability by giving the road and the direction that the driver was on, a description of the vehicle, and how the driver was maneuvering the vehicle.

Signs that a Driver may be DUI

The Colorado State Patrol has listed some tips on how to spot a drunk driver. If you see any of the following behaviors, report the driver to CSP immediately:

• Appearing to be drunk (e.g. eye fixation, face close to the windshield, drinking in the vehicle);
• Almost striking an object;
• Turning with a wide radius;
• Driving significantly under the speed limit for no obvious reason;
• Accelerating rapidly;
• Weaving, swerving, or drifting;
• Responding slowly to traffic signals;
• Turning abruptly or illegally;
• Braking erratically or stopping without cause;
• Tailgating;
• Straddling the center of the lane or driving with the left tires on the center lane;
• Responding slowly to traffic signals; or
• Driving at night with the headlights off.

Any one of these things performed alone and briefly, could just be an accident, however, if you spot a driver whose behavior displays many of the above characteristics or who is consistently doing it, then it may be best to report them to CSP.

Additional Resources

Colorado Department of Revenue-Division of Motor Vehicles – The Division of Motor Vehicles (DMV) provides several services, including the processing of driver’s license, identification cards, and vehicle registrations. The DMV also provides educational tools to ensure driver compliance with Colorado state law.

Division of Motor Vehicles
1881 Pierce St.
Lakewood, CO 80214
T: (303) 205-5600
E: dor_mvadmin@state.co.us

Report a Traffic Accident | Denver Police Department — Drivers involved in traffic accidents are required under Colorado state law to give their names, addresses, and vehicle registration information to all other persons who are involved. Unless an “Accident Alert” has been declared, the drivers must stop and report the crash to the local police agency by calling the local district police station or 911. You can immediately report an accident through this website.

Denver Police Department
1331 Cherokee Street
Denver, CO 80204-4507
T: (720) 913-6010

Denver Open Data Catalog: Traffic Accidents — You can download traffic accident data for the city and county of Denver on this website. Based on the National Incident-Based Reporting System (NIBRS), the data on this website is dynamic, meaning it is subject to change because additions, deletions, and modifications are allowed at any time.

Colorado State Patrol –Visit the Colorado Official State Web Portal under the Colorado State Patrol –Department of Public Safety, created to ensure a safe and secure driving environment for all persons by being a leader in public safety utilizing honor, duty, and respect.