With the number of cyclists increasing through programs like Bike to Work, Ride to Work Day and May 2011 becoming National Bike Month, drivers will see an increase of the number of cyclists on the road, not to mention the number of people now walking as an alternative means of transportation.
Boulder, CO has one of the largest tri-athlete communities in America. Hundreds of cyclists and runners frequent the roadways daily there and throughout the Front Range of the Rockies. Trendier ways such as skateboards, rollerblades and scooters are also becoming more prominent means of transportation for today’s youth, not to mention motorcycles. These people have rights too!
Today there are many drivers that become distracted by cell phones, radios, fast food, etc. that it becomes ever more difficult to be a good defensive driver as well as being aware of pedestrians and cyclists. The lack of awareness is growing. If you or someone you know have fallen victim to one of these crimes and you are reading this now, you have taken the right step to protecting your rights.
Often times, vehicles on the roads and highways feel they are in the right because of the size of their vehicle. Hummers and oversized SUVs tend to rule the streets with a “Get Out of My Way” approach to driving. Violations of these rights can and will result in legal action, if you have the right representation! And the government is on board…
Many times, the problem lies in the lack of previsions for pedestrians such as proper crosswalks with hand signaling lights and sounds for all people, proper space provisions on roadways and proper education for all drivers. However, the Department of Transportation is now including cyclists and their needs into the development and designs of federally funded projects.
As of March 2010, the Department of Transportation no longer considers the automobile as the autonomous ruling aspect on America’s roads. Transportation Secretary Ray LaHood says on his blog that the needs of pedestrians and cyclists will be considered along with those of motorists, and he makes it clear that walking and riding are “an important component for livable communities.” He also states, “This is the end of favoring motorized transportation at the expense of non-motorized.”
Beyond making it easier for cyclists and pedestrians to get around, the DOTs new $500 billion project is intended to make it safer for them to get around. A report released by Transportation for America and the Surface Transportation Policy Partnership found more than 43,000 pedestrians nationwide have died this decade due to what the authors say are inadequate crosswalks and safety features for pedestrians. Some feel the roads aren’t safe for pedestrians, bicyclists or people with disabilities.
Pedestrians are nearly always awarded the right of way in Colorado unless, for example, leaving the curb or a safe place, entering the path of a moving vehicle and causing immediate danger.
Some of the revised Colorado Statutes on this topic can be found here:
http://www.nmts.org/laws/coloradoBikelaw.html
Seriously injured victims struck by careless drivers through pedestrian injury accidents and bicycle accidents will be held responsible for their actions. Don’t be a victim, take action and contact an experienced Colorado personal injury attorney today!
The BP Oil Spill has become the worst ecological disaster in American history, affection millions of Gulf coast residents in Florida, Mississippi, Alabama, Louisiana and Texas, not to mention foreign residents in the Caribbean and Mexico.
Below are some links to recent stories about the BP Oil Spill.
If you or someone you know has suffered economic and/or personal losses as a result of the recent BP oil spill in the Gulf of Mexico, you may be entitled to additional compensation if you are able to join a successful class action lawsuit against British Petroleum, Halliburton or Transocean. Contact an experienced class action attorney who is prepared to file a legal claim on your behalf, and who has a solid track record of winning large class action judgments in court.
For the hundreds of thousands of victims of the ever-worsening environmental disaster in the Gulf of Mexico, many are left to ponder what the future holds for them in the wake of the economic and environmental losses that has forever changed their lives. One likely outcome of this whole debacle, aside from the drastic lifestyle changes for gulf coast area residents, will be the forthcoming litigation against British Petroleum (BP), the owner of the Deepwater Horizon oil rig, as well as their primary contractors Halliburton and Transocean, and perhaps other firms yet to be named in the forthcoming mass torts or class action lawsuits that will most certainly be filed in United States federal and state court systems in the coming months and years.
These forthcoming class action lawsuits are also referred to, mostly in legal circles, as mass torts, which are defined as civil lawsuits involving numerous plaintiffs against one or more corporate defendants in state or federal court. As the name implies a mass tort includes many plaintiffs and law firms have often used the mass media to reach possible plaintiffs, including the internet, television and radio. Some of the different kinds of mass torts include mass disaster torts, which is the more relevant reference for the BP oil spill in the Gulf of Mexico as well as mass toxic torts, and product liability torts.
Regardless of the terminology being used to classify the collective actions of victims of the BP oil spill in seeking compensation for their economic and personal losses up and above what is currently being offered through the recently created $20 Billion BP Gulf Oil Spill Fund and the many state and charitable gulf spill relief funds that have cropped up recently, the end result has the same intention, namely that each individual law firm bringing such class action suits on behalf of their clients will seek to get the maximum award possible for their client’s economic losses and personal suffering as a result of the negligent actions of BP, their contractors and perhaps other 3rd party corporations that were involved in some negligent and liable way. Because each firm will litigate their cases differently, and courts will also reach different conclusions about each individual class action case, its important for you to choose the best possible oil spill attorney or law firm who will give you the highest probability of the most favorable outcome (ie: highest monetary award) for your particular case and situation.
In sum, if you or someone you know has suffered economic and/or personal losses as a result of the recent BP oil spill in the Gulf of Mexico, you may be entitled to additional compensation up and above what may or may not already have been offered to you from BP or the recently created Gulf Oil Spill Relief Fund. Contact an experienced class action attorney who is prepared to file a legal claim on your behalf, and who has a solid track record of winning large class action judgments in court – your future depends on it!
As we approach the 2 month mark from the Deepwater Horizon explosion and subsequent oil spill, the saga of the Gulf oil spill continues unabated. The efforts to contain the spill seem idiotic on many levels, all the more confounded by the latest in the ‘top kill’ strategies failing to plug the fissured deep sea well. Shifting strategies but failed response have mutated to an environmental disaster for the Gulf coast, causing thousands to lose their livelihoods and substantially damaging the quality of life of both wildlife and humans alike throughout the gulf coast region and perhaps beyond.
According to U.S. government estimates, some 12,000 to 19,000 barrels per day of oil is continually being jettisoned from the deep sea well into the Gulf of Mexico. The National Oceanic and Atmospheric Administration (NOAA) has now closed at 25% of the federal Gulf waters for fishing. After weeks of downplaying the environmental impact of the Deepwater Horizon disaster, Tony Hayward, the chief executive of British Petroleum (BP), recently told a TV channel: “This is clearly an environmental catastrophe. There is no two ways about it,” adding, “It’s clear that we are dealing with a very significant environmental crisis and catastrophe.”
The crude oil, even when in contact with water, stays together as a blob known as ‘mousse’. This blob floats on water and sticks to anything it comes in contact with, and unfortunately many marine animals mistake the mousse for floating food, and become poisoned when they come into contact with it. Chemical dispersants seem like an effective solution to counteract the continuing spread of this ‘sea of mousse’, as these dispersants react with crude oil to extract different chemical components from it, much like a refinery does. These dispersants help the oil droplets disintegrate into smaller droplets for easy decomposition.
In reality, these chemical dispersants are far from a panacea, as an oil spill treated with chemical dispersants poses an even greater ecological threat than the oil spill left alone! These dispersants keep the oil underwater and together have created a deadlier mix than oil and water. In fact, the chemical microbes that ingest oil deplete oxygen from the sea, creating ‘dead zones’ for fish and other marine life, which may lead to the wholesale death or even extinction of marine species in this region.
Public Health, Economic and Environmental Impact of the Gulf Oil Spill
In addition to the thousands of working Americans losing their livelihoods from the closure of fishing grounds, many thousands more will see a long term decline in property values and overall quality of life in and around the Gulf of Mexico, not to mention the thousands and perhaps millions of dead or dying birds, animals and marine life affected by the BP oil spill. The long-term public health impact of this massive oil spill are only beginning to be quantified and assessed but what is indisputable is that prolonged exposure to crude oil and the chemicals being used to “fight” its spread pose a significant danger to public health. This is because the microscopic particles from the crude oil pollute the air, and cause people to become ill with symptoms such as headache, nausea, irritated eyes and even neurological diseases in the long term.
While it is difficult to estimate and quantify the potential economic impact of the Gulf oil spill, an estimated $1 Billion is attributed to fishing in the Gulf of Mexico, and many Billions of dollars more are attributed to tourism on and around the Gulf coast region, especially in Florida. Because the cleanup of the spill is likely to take decades to complete, the overall economic impact on the Gulf coast over the lifetime of the oil’s presence on its beaches, marches, and sea floor where the food chain for marine life in the region begins will surely reach unprecedented totals in the history of man-made environmental disasters. Furthermore, BP and the other companies involved with the spill, Halliburton and Transocean, are not required by US law to pay retribution to people and businesses affected by their actions and neglect.
According to the Oil Pollution Act of 1990, a $75 million cap is in place which limits the amount of money to be spent by a company that has caused an oil spill on retribution to private parties, a paltry sum in comparison to the actual monetary damages being incurred by residents of this region and in comparison to the profits made by these same companies from just the Deepwater Horizon well alone. If your livelihood, property or health has been affected by the negligence and mismanagement of BP and their subcontractors, you may be entitled to monetary compensation for your loss and suffering. Contact an attorney or law firm who specializes in oil spill class action lawsuits to evaluate your particular circumstances and fight for your rights!
All employees have basic rights in the workplace — including the right to privacy, fair compensation, and freedom from employment discrimination. A job applicant also has certain rights even prior to being hired as an employee. Those rights include the right to be free from discrimination based on age, gender, race, national origin, or religion during the hiring process. Some important employee rights include:
The right to a safe work environment, free from undue dangers
The right to a degree of privacy in your personal matters
The right not to be discriminated against on grounds of your age, race, national origin, gender, ethnicity, pregnancy, religion, or disability
The right not to be discriminated against on the basis of marital status, gender identity, sexual orientation and other characteristics
The right to fair pay, meaning at least a minimum wage, plus overtime for any hours worked over 40 hours a week or, in some places, over 8 hours a day
The right to a workplace environment with no harassment
The right to take time from work to tend to your own, or a family member’s, illness
The right to take leave following the birth of a child
If you feel that your workplace rights have been violated, you should take the following steps:
Talk to Your Employer
The first thing that you should do once you believe that your workplace rights have been violated is to talk to your employer about the situation. However, there are still occasions when an employer can be truly antagonistic and uncaring about the rights of workers. Be informed of your rights and stay detached when meeting with your employer.
Keep Track of All Records
Be sure to keep copies of everything for your own records. Take notes of important conversations that you have regarding the situation. Remember to include important details such as the date, time, place and names of people who took part in the conversation. Also, gather any documents that you think may be relevant such as e-mails, employee handbooks, letters, company policy statements and others.
Should I Consult an Attorney?
If you have spoken with your employer and you still feel that nothing has been done to address your workplace rights, it may be time to consider taking legal action. There time limits for taking legal action to protect your workplace rights. An experienced attorney can help navigate the complicated legal issues and deadlines involved. If you’ve been the victim of employment discrimination, consult an attorney to protect your rights and help get you the compensation that you deserve!
After 19 years working for the Goodyear Tire Company, Lilly Ledbetter discovered that she was paid 20% less than her male counterparts. The knowledge began a decade long fight for equal pay for equal work that went all the way to the Supreme Court, and resulted in the Lilly Ledbetter Fair Pay Act; the first piece of legislation signed by President Obama.
The Lilly Ledbetter Fair Pay Act, which was signed into law on Jan. 29, 2009, restores the protection against pay discrimination that was taken away by the 2007 Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Co. The Act reinstates prior law and helps to ensure that individuals subjected to unlawful pay discrimination are able to effectively assert their rights under federal anti-discrimination laws.
In Ledbetter v. Goodyear Tire and Rubber Co., the Supreme Court ruled that employees cannot challenge wage discrimination if the employer’s original decision to pay discriminatory wages occurred more than 180 days before, even when the employee continues to receive paychecks that have been discriminatorily reduced.
The Lilly Ledbetter Far Pay Act makes clear that pay discrimination claims on the basis of sex, race, national origin, age, religion and disability can be renewed whenever an employee receives a discriminatory paycheck, as well as when a discriminatory pay decision or practice is adopted. This means that a women who believes that she has been the victim of wage discrimination can take legal action up to 180 days after her last discriminatory paycheck or other discriminatory pay decision.
President Obama signs the Lilly Ledbetter Fair Pay Act in law
If you are a woman in Colorado and have experienced wage discrimination based on your gender, there are options available to you. Equal pay is the law! Learn more at equalpayisthelaw.com
On April 20th, the 110th day of 2010, people across America observed Equal Pay Day, which marked the 110 extra days per year that women in the United States must work in order to earn what men earned in 2009. On average, a woman in America makes 77 cents for every dollar that a man makes. For African American women and Latinas these numbers are even lower. Over the course of her career, the average women can expect to lose $700,000 as a result of wage discrimination. Although 47 years have passed since the passage of the Equal Pay Act, which made equal pay for equal work the law, women in Colorado, and across the country, still face widespread wage discrimination.
Recently, however, the national outcry against gender-based wage discrimination has grown louder and the movement to end unequal pay for equal work is gaining momentum. In 2009, President Obama signed the Lily Ledbetter Fair Pay Act, which increased the statute of limitations in which women who have been the victims of wage discrimination can take legal action against their employers. This has opened the door for women across the nation to take the enforcement of equal pay for equal work into their own hands.
If you are a woman in Colorado and have experienced wage discrimination based on your gender, there are options available to you. Learn more at equalpayisthelaw.com.
Here’s what others are saying about equal pay for equal work and wage discrimination:
President Barack Obama Presidential Proclamation: National Equal Pay Day
“A PROCLAMATION: Throughout our Nation’s history, extraordinary women have broken barriers to achieve their dreams and blazed trails so their daughters would not face similar obstacles. Despite decades of progress, pay inequity still hinders women and their families across our country. National Equal Pay Day symbolizes the day when an average American woman’s earnings finally match what an average American man earned in the past year. Today, we renew our commitment to end wage discrimination and celebrate the strength and vibrancy women add to our economy…” Read More
Senator Chris Dodd Equal Pay for Equal Work
“…Today is Equal Pay Day, the day until which women have to work to make up the earnings they were shorted in 2009 compared to their male colleagues. Frankly, it’s a little embarrassing that the fight for equal pay continues in the year 2010. It’s hard to find anyone who will say, on the record, that women don’t deserve to earn the same as men…” Read More
Senator Tom Harkin Women Deserve Equal Pay for Equal Work
“…This is wrong and unjust. But, even more, it threatens the economic security of our families. The fact is millions of Americans are dependent on a woman’s pay-check just to get by, put food on the table, pay for child care, and deal with rising health care bills. Two-thirds of mothers bring home at least a quarter of their family’s earnings. In many families, the woman is the sole breadwinner…” Read More
The New York Times Happy Equal Pay Day By Nancy Folbre
“…Today is Equal Pay Day, designated every April on a Tuesday as a reminder that Tuesday is the day on which women’s wages catch up to men’s wages from the preceding week. On average, female workers have to put in more than six days of paid work to earn what men earn in five…” Read More
Newsweek Tracking the Wage Gap By Jessica Bennett and Jesse Ellison
“Equal pay for equal work? Don’t bet on it. President Obama may have made the Lily Ledbetter Fair Pay Act the very first act he signed into law as president, but women still earn just 77 cents on the dollar on average, when compared to men. African-American and Hispanic women earn even less. Yes, the number is an old refrain, repeated so often it has little impact. But in 2010, there’s more reason for everyone—women and men—to care about the persistent pay gap than ever before…” Read More
The Denver Post Closing the wage gap By Linda A. Meric
“…In Colorado, women’s earnings generally exceed the national average by a penny or so. But this is no great cause for celebration – especially in these tough times when every penny counts. As those lost pennies add up, women and their families are being shortchanged thousands of dollars a year and hundreds of thousands of dollars over a lifetime…” Read More
In the United States, the two largest and most well-known social security programs are Social Security Disability Insurance (SSD or SSDI) and Social Security Income (SSI). Both of these disability-assistance programs were designed to provide monthly payments and Medicare benefits to disabled individuals who have contributed to the general Social Security fund by working (in the case of SSD) or who can prove that they have both a disability and financial need (in the case of SSI). The process of filing and being approved for SSD and especially SSI can be an arduous and highly time-consuming and frustrating task for many Colorado residents.
The process of filing a disability claim usually begins at the Colorado (or other state) social security field office. In many cases these claims are rejected, often because they have not been supported with sufficient evidence of your medical condition or by the records themselves. If you lose a case at the state level, you should contact a Colorado SSI attorney immediately to file an appeal. Remember that you only have 60 days from the time of your claim rejection to do this, so don’t wait!
When applying for SSDI or SSI, its important to remember that:
Benefits are awarded to people who are unemployed, have worked and paid payroll taxes in at least five of the last ten years, have a proven disability that is expected to last for at least 12 months and are unable to perform their normal career work or previous job
Benefits are made in monthly payments to disabled persons or widows or minors (under 18 years of age) whose spouses or parents have contributed to Social Security
The Social Security Administration’s (SSA) decision to grant benefits is largely based on paperwork, and errors are common, especially in complex cases involving a large degree of paperwork
The amount of time taken by the SSA in processing SSD/SSI claims and granting benefits can often take more than a year so if you are disabled and you expect that injury to last for some time, apply immediately
Social security disability benefits will begin approximately five months after the established onset of the disability, meaning that these benefits will start for the 6th month after the date of your disability. In addition, if you are 65 years or older, generally speaking you will be eligible to receive Medicare and Medicaid coverage in addition to your disability benefit payments.
If you are disabled Colorado resident and feel that you qualify for CO Social Security Disability, you should contact an experienced Colorado SSI Attorney immediately. Furthermore, if you believe that your disability is the result of an accidental injury or if you have disability insurance which you purchased either through your employer or individually, you may be eligible for benefits from more than one source! Contact an experienced Colorado Social Security Disability attorney today to thoroughly review your legal options.
Slip and fall accidents can happen anywhere and at any time but are typically a more common occurrence in colder weather states such as Colorado, given the higher incidence of ice and snow, which are some of the most common causes of a slip and fall accident. However, if you are injured in a slip and fall accident in Colorado, once you have received treatment for your injuries you will need to consider your legal options if you feel your injuries were caused by the negligence of another person or business.
Colorado Slip and fall accident lawsuits fall within United States tort law, namely that a slip and fall claim is a tort and is based on ones claim that the property owner was negligent by allowing an unsafe condition to exist that was the cause of the slip and fall accident The degree of negligence of the defendant, or business owner(s), that you and your Colorado slip and fall accident attorney are able to prove will the one of the most important factors in determining what amount of compensation you are entitled to receive for your injuries.
Pay close attention to the word degree in the last sentence. This is because in the majority of slip and fall cases in Colorado, and throughout the United States, a portion of the blame of who was at fault for your accident will be assessed to both YOU (for not paying attention etc.) AND the defendant (for not cleaning up a spill etc.) and it is for this reason above all, that blame is typically assigned to both parties to some degree, that you will need an experienced personal injury attorney who specializes in Colorado slip and fall case law to argue your case most effectively and to get you the maximum compensation possible for your injuries and suffering.
In preparation for a slip and fall case, to ensure optimal results you should be able to provide the following information to your attorney:
Photos of the accident scene. Pictures that can best show what the conditions were at the time of the accident are of the highest value to your case.
The names, phone numbers and any other contact information for as many witnesses to the scene as possible.
If the accident happened at a place of business, you should have received an “incident report”
Any reports of prior slip and fall accidents at this place of business
Proof of your injuries and damages, including medical bills, lost time at work etc.
Remember that if you have suffered injuries from a slip and fall accident in Colorado, and you feel that a business is at least partially responsible for your injuries and suffering, you need to contact a Colorado attorney experienced in slip and fall accident litigation immediately!
The unexpected death of a loved one is a traumatic and terrible event. In addition to personal concerns and grief, there may also be a loss of support or lost income, medical and funeral expenses for the family members of the deceased, and other unforeseen expenses.
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or other entity. When this happens, the person’s family may be eligible to take legal action to recover monetary damages from the responsible party. In order to bring a successful wrongful death action, it must be shown that a death has occurred, that negligence or intent to harm was the cause of the death, and that family members are suffering as a result of the death.
Here are some common causes of a wrongful death:
Medical malpractice
An car, truck, motorcycle, pedestrian, or airplane accident
Exposure to hazardous conditions or substances on the job
Criminal behavior
Death during a supervised activity
Determining Loss
When determining loss, the age, character and condition of the decedent, his or her earning capacity, life expectancy, health and intelligence, as well as the circumstances of the family members to whom the monetary awards will be distributed. Usually, the main consideration in awarding damages is the decedent’s circumstances at the time of death. For example, when an adult wage earner with children dies, the major parts of the recovery are loss of income, and loss of parental guidance. The jury may consider the decedent’s earnings at the time of death, the last known earnings if unemployed, and potential future earnings.
In a wrongful death action, the jury determines the size of the damages award after hearing the evidence. The size of the award may be adjusted upward or downward by the court for a variety of reasons. For example, if the decedent routinely squandered his income, this might reduce the family’s recovery. Similarly, the courts will reduce a jury’s award if the decedent had poor earnings, even though he was young, had great potential, and supported children.
Should I Contact an Attorney?
Given the complexity of the issues involved and the deadlines for filing the lawsuit, you should contact a Colorado attorney experienced in wrongful death cases as soon as possible to discuss your legal rights and your potential case.
For more information about wrongful death and getting help for wrongful death cases, view here.
From its inception 1987, Franklin D. Azar & Associates, P.C. has concentrated in cases involving personal injuries.
In recent years, we have also begun representing persons in a variety of class action lawsuits, ranging from victims of defective and dangerous products to employees who are not receiving full payment for their work from their employers. We currently maintain offices in Denver, Colorado Springs, Pueblo, and Trinidad, Colorado.
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