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.”
Jamie Giellis, candidate for Denver Mayor, has announced the All Together Now Neighborhood Tour keeping her promise of her commitment to neighborhoods and mixed-use districts. Over the next several months, Giellis will visit all 78 neighborhoods across Denver to meet residents, listen and learn about the issues and opportunities of each neighborhood and share her leadership vision for the City of Denver.
Bus Tour: Jamie Giellis, candidate for Denver Mayor, has announced the All Together Now Neighborhood Tour which will pay a visit to all 78 neighborhoods in Denver. Photo courtesy of Anna Phillips Photography
Giellis kicked of her tour at Denver’s National Western Stock Show Parade of longhorn steers and she will be adding event locations at coffee shops, breweries and local businesses across the metro area. Meet Giellis outside at Park Burger in Hilltop on February 2 from 1 to 2 p.m., and South High School in Cory Merrill from 11 a.m. to 4:30 p.m. Find the full schedule of events at jamiefordenver .com and her Facebook page @jamiefordenver.
“Denver’s government is moving to enact legislation to manage its growth at a glacial pace, while the city is growing at break-neck speed,” Giellis says. “Infrastructure and inclusivity are falling behind at an alarming rate, and the neighborhoods are suffering most,” said Jamie Giellis. “A city is its people. Its neighborhoods. Without a plan that focuses on and protects neighborhoods, the very best of what Denver offers will be lost.”
As 2018 ends and 2019 peeks its head around the corner I
have a news flash that should not come as a news flash: raising kids is damn
hard! It appears as if raising kids in 2019 will be as challenging as raising
kids in 2018. As a father of three teenagers I face the daily struggle of
limiting phone time, arbitrating sibling arguments, and trying to figure out
where the heck they are all the time and who they are with.
Teenagers can really test a parent’s patience and sanity.
Don’t get me wrong, I like my kids. A lot. But parenting is really hard. And
now that my kids are knee deep in high school and middle school we have to
address the alcohol and marijuana issue. You know, that issue.
It’s a balancing act talking to your kids about the dangers
of drugs/alcohol and at the same time letting them know that IF they choose to
indulge that we absolutely do not want them to be afraid to let us know if they
need a safe ride home or need our help if they are struggling with substance
issues.
On the one hand we cannot, as mature, law-abiding parents,
condone our kids engaging in illegal and self-destructive behavior, but on the
other hand we don’t want to see their bad choices have deadly consequences. Our
law firm has for years hosted a free community seminar titled “High School Boot
Camp” for parents and students to address the dangers associated with
alcohol/drugs as well as a host of other issues. Even with all my knowledge and
training I am often frustrated by the complexities of how to raise kids.
Telling our kids that we will be there for them, no
questions asked, if ever they need our help during such a drug/alcohol crisis
is a mixed message. However, it is a mixed message that is entirely reasonable
in light of the fact that teenagers’ decision making can often be suspect. I am
willing to say that in this case a mixed message is pragmatic and essential to
the well-being of our children.
But the mixed messages our children face are even more
complicated now that marijuana has become ubiquitous in Colorado. What once was
taboo a few years ago is now mainstream. And now just in time for 2019, the
City of Denver is making it even harder for parents to teach our children correctly
with the nation’s first legal heroin injection sites. Yes, you read that
correctly.
Just this past month the Denver City Council voted 12-1 to
legalize heroin injection sites with city support. Call me old-school but I
don’t think we should be making it easier to shoot heroin; yet the Denver City
Council thinks that the benefit of being able to provide “safe places” for
heroin addicts to get high outweighs the negative impact this will have on the
City. This is the city’s attempt to play parent to the teenager. Except we are
not talking about being too drunk to drive home from a party and getting a safe
ride home, we are talking about engaging in highly illegal and self-destructive
behavior that ruins lives and destroys neighborhoods.
Trying to rationalize this city ordinance in any context is
dangerous. I applaud the city council’s desire to save lives, but this proposal
normalizes and essentially condones heroin use, with zero evidence that it will
save lives. Further, the crime and homeless problem will only get worse. Been
to Civic Center Park lately? Neither have I. It has become a mecca for heroin
abuse and violent encounters. That problem will only worsen. If you build it,
they will come.
While it is highly unlikely this heroin ordinance will survive
the state legislature’s ratification or U.S. Attorney’s challenge, the fact
that the city council wants to make our beautiful city more enticing to heroin
abuse is a sad commentary on what we deem to be permissible nowadays.
Thankfully councilman Kevin Flynn voted against this ordinance and I urge
everyone to call his office and thank him for his courage to do the right
thing. I also urge everyone to call their state representative and urge them to
vote against this bill if it comes up for discussion in 2019. It is an
unreasonable and dangerous response to a national epidemic. There are not a lot
of easy solutions to the opioid epidemic, but this is certainly going in the
opposite direction.
So parents, I hope 2019 brings joy, peace and lots of love to
your families. I hope you can devise a way to discuss these complicated issues
with your teenagers because I for one am tired of seeing good kids suffer
because their parents refused to engage in these challenging discussions. And I
hope the state legislature puts a swift and resounding end to Denver’s decision
to normalize heroin use in our city.
Danny is a managing partner of Foster, Graham, Milstein
& Calisher (FGMC). His practice focuses on personal injury. The law firm of
FGMC, located in Cherry Creek, is a full service law firm focusing on: criminal
defense, personal injury, real estate, litigation, liquor licensing,
construction law, tax/estate planning, bankruptcy and zoning. This article does
not create an attorney-client relationship and is for informational use only
(what do you expect from an attorney!)
DeGette Announces Run for Democratic Whip
By Congresswoman Diane DeGette
I am running to serve our caucus as Democratic Whip and hope to count on your support.
Thanks to your tireless work and the energy and enthusiasm of Democratic voters across the country, we will enter the 116th Congress with a Democratic House majority for the first time in eight years. This will be an awesome responsibility as we fight to deliver on the promise of bold action for the American people – even while Republicans continue to hold the Senate and the White House. In this tough environment, I am confident my years of whipping experience will help us win the key floor votes that we will need to advance our agenda.
Success for House Democrats in the coming years will require strong unity to stand for our core shared values, while appreciating we only reach that unity by understanding the perspective of every member and his or her district. The Whip must empower each member of our caucus to serve as a full partner, bringing his or her energy, passion, and expertise together with others’ to meet our common goals. It will also require the institutional knowledge and legislative savvy to go toe-to-toe with Senate Republicans and the White House.
Having served for seven congresses as Chief Deputy Whip, I have a strong track record as an effective strategist, precise vote counter, and experienced, bipartisan negotiator. I have passed major bipartisan bills, like the 21st Century Cures Act, rallied Republicans to support ethical stem cell research, forged agreements in our caucus on the Affordable Care Act, and held Democrats together on close energy and environmental votes. For nearly two decades as co-chair of the Pro-Choice Caucus, I have whipped countless tough votes in an effort to successfully stop the Republicans’ radical anti-choice agenda. You can count on me to deliver for our caucus.
We also must do more to ensure our leadership reflects the diversity of the caucus and our constituents. Eighteen years ago, our caucus voted to elevate a woman to the top levels of leadership, and it is past time for us to do so again—I would be only the second woman to hold this post. I would also be the first Whip from the Mountain West, and our path to a lasting majority must include broadening the caucus’ geographic appeal.
As Whip, I will reinvigorate all aspects of the current operation to ensure we draw upon the full potential of our members. This means bolstering the existing operation to more deeply involve bill sponsors, issue experts, and committee chairs and members when a bill moves to the House floor. It also means partnering with our messaging arm, so that our work resonates throughout the country and shows the American people that our actions can live up to our words.
I will continue to campaign on behalf of Democratic candidates across the country, from the most vulnerable incumbents to promising new challengers. I also understand the responsibility the Whip has to raise the money necessary to communicate effectively. I have raised millions for candidates and the DCCC, and I was on the host committee for the 2008 Democratic National Convention in Denver, which raised more than $60 million.
This is an important moment for our caucus to move smartly on behalf of the American people. Together, we can protect American values and enact positive change for the country that rallies the public to our cause. I look forward to discussing how I can work with you as Democratic Whip during this effort.
Density vs. The Neighborhood Balancing Affordable Housing And Community Safety by Amanda Sawyer, Candidate for Denver City Council, District 5
All eyes have been on the November elections, but now the focus shifts to May 2019, when Denver will choose who should fill the 15 spots that will make up our next Mayor, City Council and County Clerk. There are already 45 candidates running for those 15 positions, so you can tell people in Denver are not happy with the current leadership. And the biggest issue on everyone’s mind is affordable housing.
When it comes to the cost of living in Denver, we are a city in crisis. Historically, “affordable housing” is defined as one third of average median income. This is a particularly big deal in neighborhoods with high incomes, because middle income earners like teachers and first responders can’t afford to live there. And there are not enough local housing options for retirees on fixed incomes when they are ready to cash out of their homes and move. We need more affordable housing, especially in these neighborhoods. But where should it go? And, what are the other unintended consequences such as traffic and infrastructure issues?
City planners will tell you that the solution is to build high-density developments along transit corridors. We have already seen this in East Denver in developments like 9th & Colorado and Boulevard One. The problem with this solution is the streets that the City considers to be “transit corridors.”
Let’s look at Holly Street. It is considered a transit corridor, so planners want to add density there. To be fair, there may be places on Holly where added density could work. But to make a blanket generalization that all of Holly Street — a two lane road that runs through neighborhoods filled with families, small businesses and schools — should be developed because the City considers it a transit corridor? That doesn’t make sense.
Take, for example, the Green Flats proposal, on Holly between Cedar and Alameda. The design is attractive, and I appreciate the developer’s attention to green building. He has also been generous with regards to privacy, setbacks, and the number of parking spaces. In another location, this is an excellent project. But, it’s not a good fit for this particular block.
The current development plan provides for 35 parking spaces, accessed solely via the alley that runs from Alameda to Cedar. There are approximately 11 vehicles using that space now, so this would add 24 cars. According to neighbors, the southern entrance to the alley is dangerous because people drive Alameda at high speeds and the alley isn’t clearly visible. They already have to wait for a red light at Alameda and Holly before they can pull out. Their other option is to use the northern entrance to the alley at Cedar between Hudson and Holly. The businesses on that block offer amenities specifically to draw families to the location, so there are always kids at that entrance. The bike racks and cornhole games are located no more than 20 feet from the alley that would be the only vehicle access to this development. It’s already a dangerous situation and 24 more cars will make it worse.
Adding more cross-traffic at Cedar and Holly is also a bad idea. There is no logical way to put a stoplight at this intersection. It would cause a bottleneck that would back up northbound traffic on Holly down onto Alameda and Leetsdale. The City already acknowledged there is essentially no solution to this problem when it installed a flashing crosswalk at this intersection. I’ve personally seen multiple people almost killed in that crosswalk. The proposed development and the additional 24 more cars it will bring to this already highly congested area don’t make sense.
Holly will also be virtually unusable dur-ing the construction phase of this project. While that is temporary, it will force drivers to use the neighborhood streets as our main north-south roads. This will create a safety risk for the neighborhood kids, especially on streets like Fairfax and Dahlia that connect Alameda to 6th Avenue. And, remember, this project is proposed three blocks from the playground of a Denver Public Elementary School which families with young children use every day as their main entrance to the school grounds.
In addition to traffic and safety issues, the proposed development has had the unfortunate effect of driving out other residents. One neighbor has already moved. The property immediately to the south is for sale. Other neighbors have told me they will move if the project is approved. In this case, even the beginning proposal stage has already caused at least two residents to leave the neighborhood, which is a shame.
Finally, I’m concerned that this developer wants to seem like he’s compromising without actually compromising. I experienced this attitude personally while researching the Green Flats project. and I’m not alone. When concerns about the project size were brought up in mediation, the developer’s concession was to lower the number of units from 27 to 23. This seems like a fair compromise; except as I understand it, he intends to combine units that were originally designed as single units into larger units with more bedrooms. If true, this would lower the officially measured density of the project without actually altering its size. As I write this no one has seen revised plans for the project so the truth of that remains unclear. But if the information is correct, the post-mediation “change” is a distinction without a difference.
And, more importantly, it is indicative of a concerning business culture among the development community, where a spirit of camaraderie and partnership with the neighborhoods seems to be lacking. It’s time to change the conversation. Solving Denver’s housing crisis is the most important issue we face. Denver has to add density. We need to come together to find creative solutions. But do we have to add to our existing traffic issues, give up the character of our neighborhoods and the safety of our children, to do it? The final hearing for the Green Flats Project is scheduled for November 7.
To comment, attend the final hearing for the Green Flats Project November 7 at 3 p.m. at 1437 Bannock St. #379. Amanda Sawyer is a licensed Colorado attorney and MBA. She and her husband are raising their kids in East Denver, and she is running for Denver City Council District 5 because she believes we need fresh eyes on the issues that face our neighborhoods. You can find out more about her platform at www.sawyerforfive.org.
Members of AFC Urgent Care Denver’s experienced medical staff.
Approximately 152 million Americans depend on employer-sponsored coverage for their healthcare needs. According to a new report published by the Henry J. Kaiser Family Foundation, employer-sponsored premiums increased across the board in 2018.
The findings show how healthcare costs have changed in just the past seven months, and review some of the major trends of healthcare costs in recent years.
Trend Alert: Premiums For Employer-Sponsored Health Insurance Plans Increased In 2018
The Kaiser Family Foundation Employer Health Benefits Survey assessed 4,070 randomly selected, non-federal public and private firms with more than 3 employees between January and July of this year. They found that employer-sponsored family health coverage rose by 5% to a dollar average of $19,616. Coverage for single premiums rose 3% to a dollar average of $6,896.
Unfortunately, increasing healthcare costs do not appear to stay in pace with other factors including wages and cost of living. According to the report, average family premiums have increased by over half (55%) since 2008, despite earnings increasing by only 26% and inflation increasing by 17%.
It’s not just premiums that are on the rise, either. 85% of employees covered by employer-sponsored health insurance have to pay a deductible (up from less than 60% one decade ago). And the average single deductible is now $1,573, almost 50% greater than a single deductible back in 2008 ($735). 25% of all covered workers are now expected to pay deductibles of at least $2,000.
This burden can have a significant impact on a person or family’s ability to manage bills associated with medical care.
Changes To Individual Health Insurance Plans Expected In 2019
The open enrollment period for 2019 begins on November 1. At that time, individuals living in the state of Colorado will be able to sign up with one of several different health insurance plan options, whether these are procured through employers or offered on the exchange.
Individual health plan options from major providers including Anthem BlueCross BlueShield, Bright Health, Kaiser Permanente CO, and Rocky Mountain Health Plans include HMO or Health Maintenance Organization, PPO or Preferred Provider Organization, HSA or Health Savings Account plans, Tier Plans and/or Catastrophic Plans which are a type of high-deductible health plan for people under 30 or those who qualify for a “hardship exemption.”
Coloradans who may be interested in new individual health plans include those who are self-employed, those who work for an employer who does not offer group plans, those whose benefit needs have recently changed, or those who are enrolled in a group plan or health plan that does not cover spouse or dependents or has high premiums.
Some Coloradans can expect some extra assistance in premium payment in 2019. That is, monthly premium tax credits for individuals in Colorado are expected to increase by 10% in 2019, from $212 in 2018 to $233. This is based on baseline hypothesized data from a 40-year-old non-smoker making $30,000 per year.
Prior to tax credits, 2019 monthly premiums for individuals in Colorado are projected to decrease by 6% for low-tier bronze plans, increase by 6% for middle-tier silver plans, and decrease by 5% for high-tier gold plans.
Employers Strategies In Combating Rising Health Insurance Costs
Many employers plan to incentivize employees to opt for high-deductible insurance plans as a way to control costs. An additional cost-effective approach may include incentivizing healthier life choices, e.g., many employers may contribute to health savings accounts or reimburse employees for gym memberships. Individuals and families can do their part to minimize healthcare costs by taking advantage of employer-sponsored incentives and adopting healthy behaviors as a lifestyle. Research indicates that preventive measures such as proper nutrition, regular physical activity, and disease screening can save thousands of dollars in medical costs.
Some other employers might cover some services offered in low healthcare costs settings. Reports indicate that three quarters (76%) of large companies cover healthcare services that are offered in retail clinics, such as urgent cares. Even a small number of companies provide financial incentives for workers to use these clinics. At AFC Urgent Care Denver with a new location just opened off of Speer Blvd., experienced medical staff is continually doing what they can to stay up-to-date with current changes in the socioeconomic dynamics of this country.
