Deliveries from the Past

by Jennifer O'Connell | Jun 25, 2019 | Colorado

Deliveries from the Past

Harken back to the days when the milk man used to cycle to and fro, carting an icebox on his bike with glasses of cold milk jingling inside. True, some of us will instead have to harken back to the days that the more… distinguished… members of our family recalled these tales for us with fondness and nostalgia. But there is a very real possibility such a thing may resurrect from when the world was in black and white to become an Ultra HD/4K, real-life experience.

Juggernaut Cargo Bikes is pitching their innovation of yesteryears to cities like Denver, suggestive of a step back into the past as a means of protecting our future. According to the EPA, for every person who drives 11,500 miles annually, 4.6 million tons of carbon dioxide are emitted. Jeff Mauck of Juggernaut, in a recent meeting with the Downtown Denver Partnership, professed that idling cars produce 20% more pollutants than cars traveling at 30 mph.

So what does all this have to do with the milk man? Think delivery vehicles. Larger than your average bear, and a lot meaner to our Earth to boot. Juggernaut’s solution: cargo bikes. Like days of ole, these earth-friendly, zero gas-emitting re-inventions can deliver up to 300 pounds of goods around town. They breeze through in the bike lane instead of jamming up traffic or – an old favorite – parking in the travel lane in the middle of downtown, using their flashers as a half-hearted apology. These aren’t your grandpa’s cargo bikes, though. These babies boast 24” front tires with suspension, have double frames and three wheels for stability, and may soon add eco-friendly electric assist, deployable front kickstands to protect cargo, detachable dollies for delivery, and a tighter turn radius for the eventuality of hanging a sharp right. Essentially, they’ve taken the milk man and geared him up for NASCAR’s Sonoma Raceway with the added twist of package delivery.

Best part: Although similar tech is already in use in six countries outside of the States, these 1930’s inspired technological dreams are built in our backyard – Boulder, Colorado. In fact, for the hometown heroes at Juggernaut, the target areas for their first big run at the cargo game are Aspen, Snowmass, Lowry, Stapleton, and of course, Downtown Denver. There is even a job-creation plan tightly wound into these gems. The idea is that UPS and FedEx buy in, drive a truck to a central location in a neighborhood, shut off the nasty engine that will kill us all, and out pops the cargo-delivery persons, ready and raring to peddle. This will mean a few delivery personnel per truck instead of the usual one or two, thus creating jobs in the delivery sector. Just think of the possibilities if the Amazon Nows and the Door Dashes of the world hop on board. So you see, as we charge forward into the future, the age-old questions surrounding why your features favor less those of your father and more your friendly neighborhood milk man will thrive once again!

Amtrak: The Solution to All Your Front Range Needs

by Jennifer O'Connell | Jun 3, 2019 | Colorado

Amtrak: The Solution to All Your Front Range Needs

Colorado Springs, Castle Rock, Fort Collins, and other Front Range commuters: Your lives may be about to change… in a few years… perhaps…Colorado Department of Transportation has been contemplating — and is now studying — adding a passenger railway covering 173 miles of the Front Range corridor, according to the Denver Business Journal. The “study phase” means they are seeking proposals on the feasibility of adding passenger rail versus other multi-modal options to relieve the bottlenecks and clogs of Interstate 25. Included in the existing options are additions to the existing Amtrak line. That line currently has stations in Trinidad, La Junta, and Lama, and this option would expand that passenger service for the full 173 miles. The full layout would then include stations in Colorado Springs and Denver.

Another option being considered, outside of passenger rails, is the expansion of I-25 between Fort Collins and Mead and a widening of the near-bottleneck between Castle Rock and north-El Paso County. The same group, the Passenger Rail Commission, has also identified a passenger rail along the congested mountainous segment of Interstate 70 — the portion leading to the gateways for hiking and skiing — as a solution for the days of disappointment in the winter… hours of sitting in traffic to spend half that actually skiing. However, both the I-25 and I-70 passenger rail congestion remedies have been moving slower than a horse and buggy. CDOT maintains that the reason for the lack of horsepower behind these projects is a lack of funding. Two measures, a sales tax hike and bond sale proposal, were proposed on last year’s ballots and were rejected by voters. Yet both measures were earmarked to fund these projects.

At present, while CDOT estimates that there is a need for infrastructure improvement with a price tag of $9 billion state-wide, only $2.9 is available in the budget. So which should come first? Interstate improvements, passenger rail services to relieve interstate burden, or alternate routes altogether? With less than a third of the budget available, where does CDOT put the funds? CDOT has not reached out to the voters for their thoughts, as they feel the answer comes when voters reject ballot efforts for funding. Perhaps, though, CDOT should ensure the ballot measures connect the two — bonds sales and increased sales tax in exchange for less time on the road staring at another person’s bumper. Or perhaps a state-wide vote on whether commuters appreciate the projects, or where they would prefer CDOT target?

In the meantime, let us know your thoughts. We’ll compile them and forward to the powers that be. What are your primary considerations? Are they missing something you’d like considered? What’s your number one priority with the congestion of I-25 and I70? Or are there a bigger fish to fry?

The Never-Changing Caps

by Jennifer O'Connell | Apr 19, 2019 | Colorado

The Never-Changing Caps

No one likes to think about the worst. But in our role as officers of the court, we are tasked with doing just that. All too often, we represent the families of people who have passed due to the negligence of another: families of injured children or working parents who will have years of recovery ahead of them due to someone else’s negligent actions. And we continue to push back against the caps put into place by the state legislature on what those families are allowed to collect. Often when the worst happens, the settlement or judgment against the party at fault serves as a life insurance policy from the decedent to their loved ones. This is because many do not have life insurance coverage at all, or if they do, it amounts to $100,000 or less. But when the family is left with numerous medical bills, estate costs, funeral expenses, house payments, and loss of dual income that helped support the household, $100,000 does not go very far, if it covers the necessities at all.

The state legislature in Colorado saw fit to limit the amount these grieving families could be compensated through legal means from the at-fault party. Years ago, the cap on damages was limited to $468,010 in non-economic damages for a wrongful death claim. That means that after the direct medical bills related to the death are paid, families may receive a maximum of $468,010 to help them cover the costs and expenses above. Period. For life. There is no going back and asking for more. There is no fund from which to draw if times get tough and there is nothing left. What if the family of the deceased has no one else to work and support the household? What if the deceased was a single mother or father of several children who have no one else to support them? And after the payment of all death, funeral, medical, and household costs, little is left to support these children through to adulthood, to keep up with house payments or school needs and college funds? Should these children be disallowed to seek their education as planned because someone else negligently caused the death of their parent? Should they become wards of the state? Should they go to another family member who is already living paycheck to paycheck with very little to ease the burden? Further, this amount has not changed in many years, meaning it has not kept up with inflation.

Finally, and thankfully, the state government has paid attention to the cries of the victims of negligent acts. Governor Polis signed into law a new bill that not only raises the various caps by approximately $20,000 each, keeping in line with inflation. In addition, instead of the old ways of checking in over a decade later to ensure the caps are keeping up, the caps will be proverbially babysat every two years. Problem solved? Not really. From our perspective of working with these families day in and day out, the inflation bump helps, but when you are faced with the prospect of having very little to support your family with the loss of your spouse, or being paralyzed and requiring medical treatment and an inability to work and provide for your family, a mere few hundred thousand from the party that put you in that position hardly seems adequate. Even if a jury awards a plaintiff millions of dollars in non-economic damages, all they will see is the exact amount of the cap.

For reference, here is where they stand and where they will be once this law goes into effect:

• Current non-economic damages cap — $468,010 Anticipated new cap adjusted for inflation $584,210
• Current dram shop/social host cap — $280,810 Anticipated new cap adjusted for inflation $350,550
• Current wrongful death cap — $468,010 Anticipated new cap adjusted for inflation $584,210
• Current solatium cap — $87,210 Anticipated new cap adjusted for inflation $108,840

While there are legal means to, as we say in the biz, “bust the cap,” this is not an easy concept and there are extremely limited and narrow exceptions that must be followed so precisely that many fail to qualify. We wholeheartedly understand the community’s desire for some control over liability and to keep a handle on litigation results. However, we must put closer consideration to the lives that are left behind when horror strikes. No amount of money will replace a loved one or give a human being back their dignity and use of their limbs. But adequate compensation to get them through the next years of their life, help keep a roof over their home, food in their kid’s bellies, and heat running through the ducts while they try to get back on their feet… that we can do. If you find yourself sitting on a jury evaluating the damages for a catastrophic injury, please keep in mind these things we have discussed today. And do not limit your verdict to these caps. If you see fit to award the plaintiff more than that legislatures meager attempts at adequate compensation, write it down on that line.

Allow the team fighting for the injured some leeway to petition for a cap bust. And next time you send a letter or make a phone call to your representatives, remember to ask them exactly where these numbers came from and why they feel that politicians know more than the jury, who has sat through perhaps weeks of documentation of this person’s future life and needs, about the value of that. Do not let elected officials usurp the power of a jury, one of the oldest and most important civic duties in our country’s history. Finally, if you or a loved one find yourself in a time of loss or catastrophic injury, please call an attorney right away. Do not try to navigate these complexities on your own. You need to focus on the next steps for your family while we focus on taking on the negligent party and the legislature’s regulations simultaneously so we can get you set as close to right as possible when the dust settled. We are happy to answer any questions free of charge to get you moving in the right direction. Come read about what we have been able to do so far and call or email us to see how we can help you in the future.

Live, Work, or Walk on Broadway? Speak Now!

by Jennifer O'Connell | Mar 29, 2019 | Colorado

Live, Work, or Walk on Broadway? Speak Now!

City and County of Denver is busy at work trying to increase access to Downtown businesses and residences. This time, they want to know about the Broadway/Lincoln corridor. If you work, live, walk, or bike along the corridor, or have ever sat through one light cycle just to get to the intersection in time for the next red, take this survey to make your recommendations. For other surveys and articles about your area, click here. And to ask us questions, give us more feedback to take back to the city, or for help with your or your friends or family’s unfortunate injuries, click here and let us help.

How will they tackle Denver’s Growth?

by Jennifer O'Connell | Mar 20, 2019 | Colorado

How Will They Tackle Denver’s Growth?

Denver is growing. This we know. But did you know that the city population is projected to hit 849,000 by 2040? That’s an increase of over 150,000.

We hear the collective groans from the natives and the worries of the morning and afternoon commuters. So do city officials. With an eye to growth, city planners are focused on the following questions:

• How do we ensure adequate affordable housing and minimize displacement?
• How vehicle-centric should our city be?
• How do we ensure equitable access to high-quality parks and recreational programming?
• How do we maximize mobility for all?

Denver City officials have spent the last several years developing strategies to address development of better transit routes, more pedestrian-friendly roads, and multi-modal-supportive travel plans. The result is five distinct measures to tackled all of the above. Each measure it outlined below. Click on the plan title for the full plan details and costs from the Denver City Government.

1. Comprehensive Plan 2040

• 20-year vision of Future Denver
• Aims to address climate action, inclusive housing, multi-modal transport, and connective accessibility.
• 50+ goals for what Denver will look like in 2040
• Housing: access to basic services for all Denver residents, across a range of income levels; development of affordable housing for the lower socio-economic demographics; preserve existing affordable housing; reduce involuntary displacement of residents and businesses; improve education and increase educational equity.
• Neighborhood Development: increase quality neighborhood urban design; preserve authenticity of neighborhood history, architecture, and culture; create and preserve parks and public spaces; empower residents into city government activity and leadership positions; support the arts; conduct neighborhood planning; increase safety.
• Connections: expend the multi-modal transit systems; increase safety on public transit; increase public right-of-ways; increase multi-modal access in vulnerable areas; develop high-quality transit network; build and maintain bicycle and pedestrian networks; expand funding for multi-modal infrastructure; close the loop on transit connections.
• Economics: improve access to opportunity; emphasize diversity in economics; support local business; ensure a competitive workforce; strengthen Denver as a global city; increase youth access to education and the global economy; enhance economic vitality of the arts; stimulate innovation; promote food business.
• Environment: mitigate climate impact and reduce emissions; prepare for and adapt to climate change; conserve water and use efficiently; integrate storm-water; enhance and protect South Platte River; protect and expand green infrastructure; reduce and conserve waste; protect and improve air quality; promote responsible food systems; cultivate emergency planning.
• Health: enhance environments that support physical activity and health; provide more parks and recreation areas; ensure affordable nutrition to all neighborhoods; increase health services; incorporate health analysis into city policies.

2. Blueprint Denver

• Land use and transportation plan for growing city.
• Focuses on inclusiveness and maintenance of neighborhood identity within the city.
• Aims to reduce vulnerability through displacement as development increases.
• Increases access to quality-of-life amenities, health, and education within each neighborhood.
• Provides a better and more inclusive range of housing and employment options in all neighborhoods.
• Make all neighborhoods “complete,” in the sense that all include jobs, home, schools, health, and leisure activities.

3. Game Plan for a Healthy City

• Designed to address growth, limited water resources, and climate change.
• Promotes easy access to parks and open spaces, establishes more city parks and recreational programs.
• Increase resilience and environmental sustainability of city parks.
• Ensure equal distribution of parks and recreational programs to all neighborhoods.
• Manage economic resources to ensure long-term health of parks and recreation systems.
• Preserve neighborhood culture within the parks.

4. Denver Moves: Transit

• Provides more reliable and safe mobility options as the city grows.
• Offers more connectivity to key destinations and between neighborhoods.
• Includes plans for the first-ever citywide transit plan.
• Recognition that 1 in 4 residents in 2040 will be between the ages of 18 and 34, focusing transportation modes for the needs of this demographic.
• Reduce single-occupant vehicle commuters and increase bicycle and pedestrian commutes.
• Protects the climate and reduces greenhouse gas emissions.
• Eliminates barriers and increases access to smart technology and related mobility services.

5. Denver Moves: Pedestrians & Trails

• City-wide plan for completing and improving sidewalks, street crossings, and trails.
• Improves connections near transit.
• Increase wheelchair accessibility and safety.
• Enhance recreational train network, including adding multi-use and single-track trails.
• Make 4-foot sidewalks the city minimum and enhance accessibility to grocery, parks, schools, healthcare centers, and public transit.
• Increase “Tree lawns” between the sidewalk and curb/gutter space.
• Add pedestrian overpasses.
• Improvement of street signals, lighting, and furniture.
• Integrate neighborhood culture into street design.
• These plans were constructed from data review and public input, and they are still in draft format.

Click here for a calendar of public hearings where you can voice your concerns and ideas for the parts of these plans that mean the most to you. Queener Law plans to attend several upcoming community town-halls and public hearings to learn more about these projects. If you have concerns you would like us to voice, contact us