Chronicle’s Guide To Showing Your Mom How Much You Appreciate All She
Has Done For You
Mum’s the word in May. The English idiom expressed by
William Shakespeare in Henry VI reminds us May 12 is Mother’s Day. It’s the
special day when you get to celebrate your first best friend and the person you
turn to when you need advice.
Mama’s Day: May 12 is Mother’s Day, the day when each of us celebrate our best friend and the person we turn to for advice.
Mothers are like glue. Even when you can’t see them, they’re
still holding the family together. For most women motherhood is a joy — a least
some of the time. It is the catalyst that opens new connections as well as new
stresses in a woman’s relationships with her partner, siblings and friends.
The idea of honoring mothers with a special day dates from
the 19th century; In 1908, Anna Jarvis led a campaign to celebrate Mother’s Day
in May. In 1914 a resolution by Congress and a presidential proclamation
established the second Sunday in May as Mother’s Day. Here’s Chronicle’s guide
for showing your mother, grandmothers, sisters, aunts and friends how special they
are:
Afternoon Tea
Let mom relax in style at the Brown Palace’s Traditional
Afternoon Tea in the historic hotel’s legendary atrium lobby. You’ll be served
tea, scones, pastries and dainty sandwiches, all artfully prepared by the
hotel’s culinary staff. More: She’ll enjoy the soothing sounds of a harp or
pianist playing classical, jazz and pop standards. Information 303-297-3111.
Relax With Mom: For a tranquil afternoon your mom won’t soon forget take her to the Brown Palace for old-fashioned tea service with scones, pastries and sandwiches.
Or, take her to Mother’s Day afternoon tea at the historic
Molly Brown House where she will love the savory sandwiches, sweet treats and
specially blended tea, plus a chance to stop in the museum store. Information:
303-832-4092.
Dining With Mom
Mother’s Day only happens once a year so it’s best to make
the most of it by bringing the family together at the Monaco Inn Restaurant. A
dining experience like no other, specials include Lamb Shank, Lamb Chop &
Grilled Shrimp, New York Steak & Fried Shrimp and Grilled Trout all priced
under $25. The regular dinner menu is also available for mom and the family.
Brunch is being served from 10:30 a.m.-2 p.m. Information: 303-320-1104.
Dining Date: For Mother’s Day dining like none other take her and the family to the Monaco Inn Restaurant. Serving five specials including this New York Steak & Fried Shrimp. Regular dinner menu also available.
Mother’s Day brunches are happening all over the city. A top
choice is the Dom Perignon champagne brunch at Ellyngton’s in the Brown Palace
downtown known for its carving stations and seafood selections. Information:
303-297-3111. Or, dazzle your mom this year at Dazzle Restaurant & Lounge
on Curtis St. with live jazz performed by the Julie Monley Quartet from 9
a.m.-2 p.m. on Mother’s Day. Information: 303-839-5100. Other choices are the
Tavern Lowry (303-366-0007) serving a brunch buffet from 10 a.m.-2 p.m. and the
Del Frisco’s Grill (303-320-8529) in Cherry Creek.
Flowers
Present mom with a fragrant bouquet of freshly cut,
elegantly arranged flowers. Choose from these top floral shops that can help
you find the perfect arrangement for mom:
Remember Flowers: A fragrant bouquet of freshly cut, elegantly arranged flowers are the perfect way to begin mom’s day. This bouquet is by Valley florist Perfect Petal.
Bloom — Upscale florist offering chic floral arrangements
plus accessories for mom on 3rd Ave. at University Blvd. Information:
720-941-2862.
Bouquets — Located in lower downtown, it was named one of
America’s top 10 florists by Bon Appetit Magazine. Information: 303-333-5500.
Flower Power — A cozy, unfussy Wash Park neighborhood
florist offering a sizable selection of flowers. Information: 303-777-6266.
Perfect Petal — Creative Highlands florist providing custom
arrangements plus a boutique section with gifts for mom. Information:
303-480-0966.
Theater
Treat mom to an afternoon of exhilarating musical theatre
with Sweat or Wicked at the Denver Performing Arts Complex or indulge her love
for classical music during a performance of Berlioz Symphonie Fantastique at
Boettcher Concert Hall also in the DCPA. Information: 303-893-4100.
Entertainment: Divert and amuse mom by taking her to the theatre on her special day. The musical Wicked is one of this year’s options.
Or for a hilarious comedy both you and mom will enjoy, get
tickets to Noel Coward’s silly, rebellious 1925 comedy Hay Fever. It opens
Mother’s Day weekend and plays at the John Hand Theater in Lowry each weekend
through June 8, Fri.-Sat. 7:30 p.m., Sun. 2 p.m. Information: 303-455-7108.
‘DaVinci & Michelangelo Battle Of The Titans’ Celebrates
Both Men AND Their Times
by Charles C. Bonniwell
Not To Be Missed: DaVinci & Michelangelo — Battle of the Titans comes to Denver with performances at the Mayan Theater, Scottish Rite Masonic Temple, and Park Hill Masonic Temple Theater. Visit www.discoverdavinci.com for more information or tickets.
2019 is the 500th anniversary of the death of Leonardo
DaVinci which is being noted in Italy and around the world. Denver Museum of
Nature and Science started on March 1 as a much heralded sensory experience
celebrating DaVinci’s “500 Years of Genius.” But another event is starting to
gather equal notoriety, that being a one man play starring Mark Rodgers titled
DaVinci & Michelangelo — Battle of the Titans which will be held
consecutively at two Masonic Temples in Denver, following an opening night of
May 2 at the Mayan Theater on Broadway.
DaVinci’s and Michelangelo’s lives overlapped in 16th and
17th Renaissance Italy with DaVinci being 25 years the senior of the two men.
Mark Rodgers’ play compares and contrasts the genius of each man whose lives
changed the world, and whose influence is still a vibrant force today. Audio
visual wizard Matt Boggs created for Rodgers’ play three screens of high/tech,
high definition laser images that are intended to explode before the viewing
audience.
Producer: Matt Boggs is the Content Producer\Editor\Event Designer for DaVinci & Michelangelo — Battle of the Titans. He has been creating and managing immersive environments in Denver for over 20 years.
Boggs explained, “I wanted to provide a one-of-a-kind,
non-stop, multi-media event featuring movies, videos, 3-D; animations, and
images of DaVinci’s and Michelangelo’s inventions, machines, sketches, codices,
paintings and sculptures.”
“It is a shamanic experience . . . not to be missed,”
exclaimed Anthony Arguello. He goes on to note, “It will change your life.”
Venture capitalist and the show’s producer Fritz Voelker stated, “People will
be amazed. The show is designed to overwhelm your senses while enlightening
anyone who comes about the lives of these two extraordinary men.”
An additional element to the play is that it will be held on
May 3-5 at the landmark Scottish Rite Masonic Temple (14th and Grant), and then
May 9-12 at the Park Hill Masonic Temple Theater at 4819 Montview Boulevard.
Both men were, according to some, Masons and incorporated Masonic symbolism
throughout their work. Rodgers explores often missed Masonic mysteries
contained in the works of both men.
“The performance is so unique, and I am sure most theater
patrons have never seen anything like it,” states Rodgers. Voelker noted that
“you get to see and experience Renaissance Italy through these two men while
being surrounded by the images of the art, sculpture and machines that the men
created thanks to visual genius of Matthew Boggs.”
Director: Mark Rodgers is the Director of the DaVinci Machines and Michelangelo Exhibitions for North America. In this “tour de force” performance … DaVinci & Michelangelo The Titans Experience, Rodgers will take the audience on a fantastic, awe-inspiring journey through the Italian Renaissance as seen through the eyes of these two monumental geniuses.
A version of the play debuted at the Pabst Theater in
Milwaukee, Wisconsin. Paul Ann Water exclaimed, “I left [the performance] with
only one word … WOW!” Riley Redpath agreed, “Mark Rodgers is a tour de force.”
The show runs two hours with a 15-minute intermission. Tickets are $35 general admission and for students with a valid I.D. admission is $20. For tickets and information go to www.discoverdavinci.com or call 720-504-9408.
The reason a group of residents pleaded with legislators to
hold an HOA Town Hall early in April was that one of the few regulatory
measures the Colorado legislature has applied to HOAs (Home Owner Associations)
is that the property managers (community association managers, or CAMS) hired
to run them must be licensed, and that licensing law, sunsetting July 19, 2019,
was up for discussion and vote mid-April. State senators Nancy Todd and Rhonda
Fields and state representatives Mike Weissman and Janet Buckner not only
agreed to hold the HOA Town Hall on April 6, 2019, but assembled a panel of
experts for the event. Well over 100 residents attended, writing their questions
down on the 3×5 cards provided by the four legislators, who assured the
standing-room-only crowd that the cards would be kept and studied. “The
result,” said Weissman, “would be a document we will all share widely.”
Capacity Crowd: Over 100 HOA homeowners showed up for the April 6 HOA Town Hall at Heather Gardens. Most of their requests focused on: 1) more disclosure and transparency for costs such as home sale transfer fees; 2) a way to settle disputes between homeowners and their HOAs that does not involve going to court; and 3) legislative support for the above. Many expressed disbelief that solutions to these problems could be so difficult.
The panelists — attorneys Suzanne Leff and Brian Matise;
Jefferey Riester, from the state HOA office; realtor Jim Smith and homeowner
advocate Stan Hrincevich — barely made a dent in the pile of cards, most of
which voiced concern about, as a longtime Denver realtor put it, “moral and ethical
transgressions” by the very entities supposedly there to support homeowners.
When one homeowner complained that her management company refused to give her
the financial records she’d requested — and Leff, a partner at Winzenburg,
Leff, Purvis & Payne, assured the woman she has a “perfect right under the
law to those records” and suggested something the woman had already done (put
the request in writing) the audience groaned in unison.
‘I know, I know,” empathized Leff. “But I urge you to use
those avenues … when communities work well it is wonderful. I want communities
to work!”
Discussion: Senator Nancy Todd and homeowner advocate Stan Hrincevich discuss the possibility of putting enforcement capabilities into the state HOA office.
If a partner in a law firm that “practices community
association law on a daily basis” wants HOA communities to work — if
legislators, as they asserted, want HOAs to work better for homeowners — and if
homeowners desperately want their communities to work — then what is the
problem?
Up To You
One step in the direction of making HOA communities work
better was the establishment, in 2011, of the Colorado HOA Information &
Resource Center, under the Department of Regulatory Agencies (DORA). This
office was originally conceived as an ombudsman, or advocate for homeowners.
Now, explained Riester, Director of Legislative Affairs for that office, “we
provide information, tell homeowners what rights they have under the law,
accept complaints and compile those complaints in a report that goes to the
General Assembly.”
“When we file a complaint with your office, it doesn’t go
anywhere,” said an older gentleman.
“At this time,” Riester said, “there are no bills that would
increase the teeth of this office to enforce complaints.”
“Short of filing suit, where can homeowners go?” asked the
gentleman.
“We don’t provide legal advice,” Reister said. “Just: these
are the facts, now it’s up to you to do what you have to do.
“Our department is currently up for sunset review,” he
added. “So please, if you think the office should have more teeth, give input.”
Hrincevich, who founded Colorado HOA Forum five years ago to
“improve HOA governance through legislative reform,” took the mic.
“Here is what you’re not being told,” he began.
Bunk
“When the HOA office was created, the law provided for that
office to investigate complaints,” Hrincevich said. “Right before the law was
complete, that was taken out.
Colorado HOA: Five years ago, Stan Hrincevich founded a homeowner advocacy group, Colorado HOA Forum, whose membership consists mostly of homeowners from Colorado’s HOAs but includes homeowners from eight other states.
“Then in 2013 the CO legislature directed a study of HOAs in
Colorado. The [resultant] study recommended that the HOA Office install out of
court dispute resolution process for homeowners.”
“You have to be very careful with alternate dispute
resolution,” interjected Matise, whose practice at BurgSimpson includes general
counsel for homeowner associations. “It would be expensive.”
“That is bunk,” Hrincevich said. “It’s bunk to say it would
cost money or be too hard. All the groundwork has been laid. Don’t need a
committee. Don’t need any further studies. We keep riding politicians to do
what the 2013 study recommended. But they ignore us.”
Profit Center
The discussion touched on various subjects like street
jurisdiction (HOAs or city?) and disabled parking spots (how to get one), to
which the panel had various, legalese-laden answers, but when the subject of
Transfer Fees arose, there was no ambiguity. Panelists and residents agreed
that the fees management companies charge for an HOA home sale were excessive
and unjustified. Jim Smith, who has penned several Denver Post columns about
“predatory transfer fees” said, “It’s nothing but a profit center for these
companies.”
“When I was about to close,” said former HOA homeowner Nancy
Markow, “I needed a status letter (showing dues currency) which I printed out
myself. But they charged $150, then charged for that letter to go through
something called Association Online, then through a company called Homeline for
an additional….”
In the end, Markow paid almost $1,000 in transfer fees.
Depending On Legislation
The discussion kept circling back to the CAM Licensing law.
The four legislators said they were in favor of continuing licensing. Buck
Bailey, a property manager, thought the current way CAMs have been licensed
wasn’t working. Weissman said, “CAM is a profession that can control your
property and your money.
“That’s why we want HB 1212 to pass,” said Weissman.
A realtor observed how much responsibility lies on the
shoulders of the HOA board, who have to negotiate contracts with the management
company, a “problem,” she said, because these volunteer homeowners “do not know
how to read a contract or have any idea of contract vocabulary.”
“These boards are running roughshod over homeowners,” said
Teri Chavez.
“Board members do just what they want … because they can,”
expostulated Candice Compton.
Panelists, acknowledging the ultimate power of HOA boards,
advised a “can’t lick ’em, join ’em” approach.
“Become more engaged,” said Matise.
“If you don’t like what’s going on,” said Weissman, “get on
the board and change it up.”
Homeowner Judy McGree Carrington protested. “You are looking
at this from a privileged perspective,” she said. “The neighborhood I’m in is
filled with working class people. They don’t have time to attend HOA meetings.
They’re coming in from work, making dinner. When they do go, they’re shouted
down.
“This is why,” emphasized Carrington, “we are depending on
legislation. Because you can’t legislate morality. But you can legislate
behavior.”
Challenge
“Before we leave,” said Hrincevich, “I would like each of
the legislators to say they’ll support a bill for out of court dispute
resolution. Without that, you can forget all about your governing documents,
your state law, because there is simply no enforcement.”
Weissman finally broke the silence. “I am not willing to
take away anyone’s right to go to court.”
Weissman was assured court would always be an option.
Buckner said, “I don’t know what the final bill will look
like so I really can’t say.”
Fields said, “I don’t think I understand the subject enough
to give you an answer,” Todd finally said, “[Homeowners] have to be protected.
We’ll figure out something,” and the room burst into applause.
“This is my 15th year as a legislator,” exclaimed Todd, who
is retiring, “and I just hope …, I never hear the word HOA again!”
Mystery
“HOAs are supposed to run on democracy,” said Teri Chavez,
“but homeowners develop apathy because it doesn’t work out that way.”
“The rampant abuse of HOA boards and management companies
will not end anytime soon if we are to depend on legislation,” said the
realtor.
The legislators, on the other hand, voiced approval of what
Fields called “a rich, thoughtful and constructive town hall.”
“I was shocked and disappointed that the legislators
wouldn’t commit to anything being asked of them, however reasonable,” said
Smith.
Hrincevich called the event “ornamental,” adding,
“Legislators know these issues. Why they don’t do anything … is a mystery. “
Many have said that the reason legislators do not respond to
homeowners’ needs is the presence of a powerful national lobby, the Community
Association Institute (CAI), which represents the interests of management
companies and HOA attorneys and other vendors benefiting from the HOA industry.
(CAI’s membership is only 2% homeowners.)
One week after the HOA Town Hall, Hrincevich viewed a letter
national CAI sent to its Colorado membership: that read in part, “We need you
to email or call members of the Finance Committee and let them know you support
HB 1212.” The letter explained how the bill had been “preamended” and “is the
version we support.” The letter promised, “Bonus points if you can testify!”
“All our recommended changes were ignored,” Hrincevich said,
“resulting in an ineffective licensing program. But CAI and special interests
were able to preamend this bill. In other words, the industry that is to be
regulated has successfully influenced the sponsors of this bill to include
their interests. Is this the way government is supposed to work for the
people?”
Corrupt Bidding For Convention Center Expansion Alleged; City Auditor Now Scrutinizing On-Call Construction Contracts
by Glen Richardson
Denver’s reputation as one of the Best Places to Live —
Ranked #1 by US News & World Report in 2016 — has been dealt another blow.
Outdoor activities, proximity to the mountains, art, craft beers and marijuana
that draws visitors to our city and distinguishes it from its metropolitan
colleagues has been compromised by the Convention Center expansion scandal.
The scandal uncovered last November amounts to dereliction
of duty by the City’s Public Works division delivering the services that help
define the quality of life in Denver. Public Works said that it discover-ed the
bidding process to pick a contractor for the project had been interfered with.
Reportedly there was an improper release of city documents, improper
discussions about the process and even altering of approved plans. The city
claimed two companies, Trammell Crow and Mortenson, tainted the bidding. In
response the companies retorted: “If Denver was truly unaware of Trammell
Crow’s conduct, it was the City’s lapse in oversight that created the
situation.”
The City’s Public Works is responsible for the design and
construction management of streets, bridges and public buildings plus
transportation through its offices of parking management, transportation
planning and operations.
On-Call Audit
Since then a newly completed examination and audit of Public
Works by City Auditor Timothy M. O’Brien, CPA, reveals the branch needs to
improve contract competitiveness and enforce policies during the bidding
process while working on some on-call contracts. “It’s in the best interest of
the taxpayers to keep a close eye on the new construction projects going on
with all the new bond money,” Auditor O’Brien explains. “I decided it was
important to start auditing on-call construction contracts in a way we hadn’t
before, to make sure we’re getting what we pay for and that we’re using a truly
competitive process.”
Unconventional Contract: Apparent misconduct in the bidding process for expansion at the Colorado Convention Center has Denver Public Works under scrutiny. Denver has reopened bidding and it is unknown whether pre-booked events will be affected by construction delays.
The Auditor’s Office worked with CliftonLarsonAllen LLP to
complete a third-party examination with limited scope of Halcyon Construction’s
on-call contract with Public Works. Halcyon had an agreement with Public Works
for up to $3 million to cover work between May 1, 2015, and April 30, 2018.
According to the examination, Public Works should expand its pool of
contractors to allow for a more competitive environment and for more
opportunities for other contractors to be considered for work. Public Works
should also make sure to follow the requirements of its mini-bid process, which
was not used at all on some projects.
The examination also found significant increases in project
costs due to change orders from Halcyon. The company had a considerably higher
percentage of change orders than the other small business enterprise
contractors in the bidding pool. In some projects tested, the change order
amounts plus the original work order resulted in the total project cost being
higher than other contractors’ bids submitted during the mini-bid process.
Halcyon’s percentage of change orders through November 2018 was 27%, compared
to other contractor percentages of 3.5%, 8.3%, and 8.2%. Furthermore, for three
of the projects tested, the project managers could not locate any formal
documentation evidencing that inspections were performed during these projects
that could identify when performance was not in line with the work order.
Directional Disarray: Bidding scandal and political meddling has created chaos within the 1,300 employee Denver Public Works department. Leadership’s focus is on the politically motivated Mobility Action Plan rather than management of City’s building and street design and construction.
Ordinance Delayed
Problems with construction management by Denver Public Works
was first reported by District 10 City Councilman Wayne New last summer and
published in a front page August 2018 Chronicle article. A construction
management ordinance was drafted by New at that time and was finally announced
by Public Works on March 27, six months later. Implementation of the new Public
Works procedures will likely begin at an equally sluggish pace.
“There is no doubt now that the problems have resulted from
Public Works’ inability to require pre-permitting and pre-construction planning
and construction management agreements regarding area traffic flow, street
closure, parking meter management, defined offsite parking arrangements and
noise mitigation,” New said then.
Main Man: Director Eulois Cleckley is central figure in problem-plagued Denver Public Works department. He is the hand-picked protégé of Mayor Michael Hancock.
The City Councilman says now as he did six months earlier,
“it is my hope the ordinance will mitigate the trials and tribulations
businesses and residents have experienced in Cherry Creek and throughout the
City.”
Biking Boondoggle
The high-profile Executive Director of Public Works Eulois
Cleckley — the hand-picked protégé of Mayor Michael B. Hancock — has emerged as
a central figure in the growing glitches and uproar within the 1,300 employee
Public Works department. He was chosen to implement Hancock’s Mobility Action
Plan and thus take attention away from the City’s knotty high-density
developments. That job, department insiders say, he has been successfully
completing.
Hancock, Cleckley and Councilwoman Mary Beth Susman are now
proposing the creation of a new Department of Transportation &
Infrastructure. Unlike restructuring the department of Public Works, it will
likely require voter approval but would push a rumored “in-the-works $900
million bond issue.” Meanwhile the City’s 2019 budget includes $27 million for
transportation and mobility improvements including more than $7 million to
build more and more bicycle lanes.
Pedal Pushers: Politically motivated 2019 Denver budget includes $7 million to allow the Public Works department to keep building bicycle lanes on city streets.
Akin to the unmanaged developments being built in almost
every Denver neighborhood, new bike lanes are also clogging traffic and
destroying commerce. Bicycle lanes on 14th and 15th Streets in Denver have
stolen space from motorists and only made downtown traffic worse, particularly
in proximity to hotels and public attractions. Lanes on South Broadway that
cost roughly $13 million seem superfluous and have crushed business along the
corridor. Owner Ron Vicksman of LeGrue’s — a Broadway landmark for nearly a
century — attributed his decision to close after all those years was due to the
loss of parking spaces following installation of the bike lanes. Vehicle registration
fees, ownership taxes and gasoline excise taxes are big revenue raisers but
bicycles aren’t contributors. Critics thus argue they are nothing more than a
form of social engineering.
The sun is shining, the birds are chirping, and except for
the occasional “bomb cyclone,” it is finally springtime. Springtime means
outdoors to us Coloradans … skiing being the exception to that rule of course.
We hop on those bicycles, we tie on those jogging shoes and we welcome the sun
on our face and the wind in our hair. But before you plug in those headphones
and tune-out for your exercise therapy, a few reminders as you embrace spring.
Living in Denver is to live in a never-ending heart health
ad. A bicyclist or a jogger at every corner and in between every corner, a
steady stream of Denverites walking their dogs. As motorists in this community,
we know, or should know, to share the road with those on bicycle or foot.
Though there is nothing healthier than heading out to exercise this spring, the
reality is that the danger is real.
Foster Graham Milstein & Calisher, LLP represents
injured cyclists and pedestrians, the number of which has increased at an
alarming rate each year. The injuries that we see with these clients are
catastrophic. The simple truth is that a cyclist or a pedestrian is no match
for a car. According to the National Highway Traffic Safety Administration, in
2017 there were 5,977 pedestrians and 783 bicyclists killed in crashes with
motor vehicles in the United States. No doubt pedestrians and cyclists are
vulnerable on the road and the danger is increasing. For example, U.S. traffic
fatalities in 2003, pedestrians and bicyclists represented 12.6 percent of
total traffic fatalities, but in 2017 they accounted for 18.2 percent of
fatalities. Head injuries account for 75% of all deaths and permanent
disabilities in bike crashes. Before you say to yourself, “Wait, this is
Colorado. The roads are filled with fit, like-minded, protein bar eating Subaru
drivers … with their rescue dogs riding shotgun. Colorado drivers are
harmless.” Not true. In 2018, Colorado had the second highest rate of fatal
road rage crashes nationwide.
The good news? You can be safe and well … stay alive. Hands
down, the safest choice when you are the bicyclist or the pedestrian, is to
protect yourself. When you got your driver’s license in Colorado you entered
into a contract, with the state of Colorado, to follow the rules of the road.
Remember the Colorado Driver’s Manual? Much like motorists, bicyclists and
pedestrians must follow the rules of the road. Yep, Colorado has a manual for
that, too. Check out Colorado’s Bicycling Manual put out by the Colorado
Department of Transportation.
A few tips:
Distraction is not just a problem for motorists. Electronic
devices for bicyclists and pedestrians mean eyes (and ears) are off the road.
Never assume a driver sees you. In fact, the safest choice is to assume they do
not. According to the Center for Disease Control, every day nine people are
killed and more than 1,000 people are injured in crashes from distracted
driving in the U.S.
You are not above the law. Bicyclists and pedestrians must
obey traffic signs and signals. Stop at stop signs. Follow the “WALK” and
“BIKE” signals, look at the lights — obey. It is simple because the statistics
confirm that we get busy and we are not safe.
Stay in your lane. Pedestrians should use a sidewalk or path
when available and if one is not available, use the shoulder, facing traffic.
Use crosswalks when crossing the street; if a crosswalk is unavailable, find
the most well-lit spot on the road to cross and wait long enough for a gap in
traffic to make it safely across the street. Cyclists, look for the bike signs,
stay in your bike lanes and bike boxes. The majority of pedestrian fatalities
(73 percent) and bicyclist fatalities (58 percent) occur at non-intersections.
Lastly, though pedestrians have the ultimate yield status, i.e., all on the
road must yield to a pedestrian, why take the risk? The safest choice my fellow
pedestrians and cyclists, is to never assume. Never assume you have the
right-of-way and certainly never assume others are following the law.
These safety tips are just tidbits. Most of them are
straight up common sense. For the full education, take the time and read the
full rules of the road for pedestrians and cyclists from the Colorado Bicycling
Manual. If life and limb is not reason enough to pick up the manual, then
consider it from a financial perspective.
If you are injured as a cyclist or a pedestrian, you may be
able to recover for your injuries, damages and losses. If you are injured by
someone driving a car, you may be able to make a claim against the insurance
carrier for the vehicle that hit you, as well as any uninsured or underinsured
motorist coverage you may have with your own automobile insurance (remember to
maximize those insurance policies for the most coverage available. This
protects you if you hit someone or are a victim). If you are injured as a
pedestrian or cyclist by another cyclist, you may be able to recover from the
at-fault cyclist’s homeowner or rental policy. When it comes time to attempt to
recover in your claim with any insurer, whether or not you followed the rules
of the road as a pedestrian or a cyclist may reduce the amount of your recovery
or even completely prohibit your ability to recover. You may not realize you
are not following the law as a pedestrian or cyclist so take a quick moment to
learn the rules of the road.
As a final note, you probably know many drivers don’t drive
with auto insurance, or their policies are minimal. Protect yourself, check
your automobile and homeowner/rental insurance policies, talk to your agent,
and ensure you have adequate insurance coverage, especially uninsured/
underinsured motorist coverage.
Now, quit being lazy, get out there on your bicycle, put on
those jogging shoes and hit the pavement. It is simple, be smart and be safe.
#stayingalive.
Kari Jones Dulin is a partner at Foster Graham Milstein
& Calisher, LLP. Ms. Jones Dulin’s practice is exclusively devoted to
plaintiff personal injury work. Whether a client was injured in car crash,
injured by a dangerous product, injured from a dangerous condition on someone’s
property or from medical negligence, Ms. Jones Dulin represents those who have
been injured because someone broke the law.”
