Working at Bachus & Schanker, I typically find myself on the victim’s side of drunk driving collisions. As we represent plaintiffs in auto collisions (and other personal injury cases), I am well-versed in what happens to drunk defendants, how to set up claims with the various insurance companies, and how to help our clients make their way through the American legal and healthcare systems.

When I left for vacation last Thursday, I wasn’t expecting to use this knowledge for myself.

My boyfriend and I travelled to Seattle to see family this weekend. On Saturday night, we had dinner and caught some live music at a bar in Ballard called the Tractor. His sister and her husband even called the babysitter to ask her to stay late as we were having such a blast.

The following morning, Matt and I were ready to see Seattle in the daytime. We got geared up for a run at Green Lake, lunch at Pike’s Marketplace and a view of the Olympics from the Space Needle. As we drank our morning coffee on the porch and discussed our day, I watched Matt’s facial expression change. His eyes were glued to our rental car and he was ignoring me in that way he does sometimes when he becomes intensely distracted. I looked where he was looking, and my heart dropped into my stomach. The entire driver’s side of the car - from bumper to bumper - was crushed.

Matt immediately called the police to report the hit and run. No note was left on the car, and we could only guess it was a drunk driver barreling down the narrow road the previous night. As we had not opted for the rental insurance, I called our own auto insurance company. My heart sank further when I realized we had a $500 deductible. We could have stayed in the Ritz and taken cabs all over the city had we known we were going to spend $500 for nothing.

Over the course of the next several hours (waiting for the police to arrive at our non-emergency), we talked with neighbors and scanned the neighborhood for other damaged cars. The story that unfolded was an unbelievable string of coincidental events.

Early that morning, about 1:30a.m., Mr. Jones was in his living room getting ready for bed. He heard a terrible crashing sound and walked outside to see what happened. What he saw was a Dodge 4×4 pick-up truck pulled over on the wrong side of the road, halfway into Ms. Macabee’s driveway. The front of Ms. Macabee’s Subaru Outback was crushed, and Mr. Jones immediately called 9-1-1. Mr. Jones didn’t realize that the drunk driver was still in his truck - passed out on the steering wheel.

The cops arrived shortly thereafter to assess the damage. There they found Mr. Larkens, drunk and sleeping in his truck. After further investigation, it became clear that when Mr. Larkens’ truck collided with Ms. Macabee’s Subaru, the tie rod on Mr. Larkens’ Dodge 4×4 broke, rendering the truck immobile. With no opportunity for escape, Mr. Larkens passed out and was woken up with handcuffs and a ride to jail.

As Matt and I uncovered the details of what had happened that morning, we inspected the broken truck further. We found the paint from our rental car on Mr. Larkens’ truck. The damage on our car was perfectly aligned with the damage on his vehicle, and we feverishly took photos. Clearly, this guy’s truck had bounced off of our car and subsequently ended up in Ms. Macabee’s driveway. Relief overwhelmed me when Ms. Macabee offered up Mr. Larkens’ auto insurance information. Matt and I were not going to be on the hook for this damage. I stopped figuring out which of the summer’s remaining events would have to be cancelled to pay for the damage and started to get angry that this guy thought it perfectly acceptable to get wasted and drive home.

There were 9,000 things that could have been worse in this situation - and for that we felt tremendously lucky. Matt and I could have been in the car when it was hit. Matt’s little nieces could have been crossing the street when this guy was driving down the road. We could have been arriving home from the Tractor as Mr. Larkens was headed the opposite way down the street, meeting head on. The car could have been ours. Mr. Larkens could have been uninsured. Or we could have missed the evidence linking our collision with Ms. Macabee’s and been out $500.

After seeing the tragedy that some of our clients have endured due to drunk drivers, I know we are among the luckiest of victims. Yes, we waited for Seattle’s finest for 3 hours. And yes, we spent hours setting up claims, repeating information and filling out paperwork. And no, we didn’t get to run around Green Lake or summit the Space Needle. But we were fine. Just inconvenienced.

Ironically, at the same time Matt and I were setting up claims with Travelers and Progressive, taking photographs of the damage, chatting with the rental car agency and discussing the collision with the Seattle Police Department, Bachus & Schanker was sponsoring Denver’s Walk Like MADD event at Sloan’s Lake. In addition to the firm’s $8,500 corporate sponsorship, the staff raised an additional $915, money to be used for education and awareness in the hopes of eradicating drunk driving from our society. Our experience this weekend pointed out how much our society clearly needs MADD’s efforts. If you would like to volunteer for or contribute to Mothers Against Drunk Driving, please visit the MADD web site.

Jodie Sandell
Pre-Litigation Department Manager

Bystanders do nothing after a hit-and-run. A minute and a half clip showing the horrific hit-and-run of Angel Torres that aired on news programs and was attached to online articles has raised a lot of talk of society’s loss of morality.

There are elements that are not known about the aftermath of the hit and run. Did someone try to identify the cars that fled after hitting Torres? Did someone try to go for help? Did people wait around to give statements to the police that might help find the driver that hit Torres? These are things that a short clip cannot show.

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Bystanders do nothing after a hit-and-run. I’m sure you have all heard this headline as it dominated radio and news stations. A minute and a half clip showing the horrific hit-and-run of Angel Torres that aired on news programs and was attached to online articles has raised a lot of talk of society’s loss of morality. Angel Torres was walking across a two lane road after buying milk when a Toyota and a Honda chasing it crossed the center line and hit him. The clip caught by a surveillance camera also caught bystanders gawking and cars stopping for a second but then driving on. In the clip, no one comes to Torres’ aid or appears to do anything to help.

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In the late hours of March 22, 2007, Jennifer Kois and Jake Brock, both 19 year old Mesa State College students were on their way home from a date when they were rammed in the back of their 2001 Saturn at the speed of 120 mph by Patrick Strawmatt. Jennifer Kois died en route to the hospital and Jake Brock died about an hour after his arrival.

Strawmatt, a 42 year old former Wheatridge police officer, had made an obscene hand gesture and was eluding troopers who tried to pull him over after complaints to 911 about his erratic and aggressive driving on west-bound I-70 in Mesa County, Colorado.

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Good news for the safety of motorists as Govenor Bill Ritter of Colorado signed two DUI bills into law last week.

In 2006, an estimated 17,602 people died in alcohol-related traffic crashes–an average of one every 30 minutes. These deaths constitute 41 percent of the 42,642 total traffic fatalities. Of these, an estimated 13,470 involved a driver with an illegal BAC (.08 or greater).

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Here are tips on sharing the road with motorcycles from the National Highway Traffic Safety Administration.

Motorcycles are vehicles with the same rights and privileges as any motor vehicle on the roadway. Drivers of other passenger vehicles should always remember to follow these steps to help keep motorcyclists safe:

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High Speed Electronic Messages of Doom

Imagine you’re driving on your way to work and as you ponder whether or not to grab a quick coffee you notice someone, up ahead, drifting into the lane next to them. Perhaps the person in front of you is tapping on their brakes every few seconds. Also, you got to love those people that cut you off almost clipping your car with the absence of a blinker. Unfortunately, these incidents may be the result of a text messaging fiend.

If you watch the news or read a newspaper there are more and more stories of accidents occurring as a direct result of cellular distraction. Consider the fatal car accident that involved five teenagers last summer in New York.

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Mesa County District Court Judge Richard Gurley ruled that the death of a fetus delivered at eight and a half month gestation, due to a car crash is not murder under Colorado state law.

On November 6, 2007, Logan Lage was leading Colorado State Patrol on a high speed chase when he crashed head on into Shea Lenen’s SUV. She was eight and a half months pregnant. Shea’s baby was delivered by an emergency c-section. Baby Lileigh lived for about an hour before she died. The coroner ruled the death as a homicide.

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On June 14, 2007, Erika Weaver was leaving Interstate 76 at Colorado 52. Carlos Ramirez was driving west on Colorado 52 when he broadsided Ms. Weaver’s car. He admitted he was speeding.

Erika Weaver died four days later. After being released from the hospital where he was treated for minor injuries, he was arrested and jailed for being a habitual traffic offender, having no insurance and careless driving. There were also two warrants for his arrest in other cases.

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2 young teenagers, a brother and sister were killed late Saturday night in an accident on 1-25 and alcohol is suspected to be a factor.

As a matter of principal I do not like to blog about other families tragedies. I find it distasteful and disrespectful of the family’s grief. However, in this instance this hit a little close to home for me. A family friend whom I’ll call Alex was recently pulled over and charged with DUI. My fear and frustration has always been what if he’s drinking and decides to drive? Will he make it home without killing someone? Alex drives I-25 around 104th Avenue regularly and could have easily been the cause of this family’s tragedy if the timing had been different.

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A new study by Montana State University that was submitted to Congress by the Federal Highway Administration was released on Wednesday, January 31, stating that accidents between wildlife animals and vehicles have increased by 50 percent since 1990.
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Founding partners Kyle Bachus and Darin Schanker of Bachus & Schanker, LLC, recently worked with numerous others who advocate for Colorado consumers as well as the Colorado Senate in enacting a proposed bill in the field of auto insurance. As a result of all their hard work, this bill became a new Colorado Insurance Law that will impact your un-insured/under-insured motorist coverage (UM/UIM).
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On Friday night, January 11th, two people were killed as a result of a car crashing into a light pole due to high speed and the car erupting into flames. The crash occurred just west of Belleview on South Kipling Street.
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A major car pileup occurred in north central Florida on Wednesday, killing 3 people and injuring dozens.
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A man involved in a rollover accident off of Colorado Boulevard and Ninth Avenue died on Saturday, December 28th. A 3-year-old girl who was a passenger in his vehicle is in the hospital at Denver Health Medical Center.
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On December 27th, a Greyhound bus collided with an SUV while exiting Genesee on westbound Interstate 70.
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On Saturday, December 22, a prominent Denver family was killed in an accident on Interstate 80 in Wyoming.
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A 35 year-old veteran Denver police officer was seriously injured on Tuesday night, December 18th.
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The winter weather in Colorado is known to change drastically from sunny to blizzard-like conditions within a short amount of time.
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On Sunday, December 2nd, a 45-year-old Parker resident was seriously injured while participating in the annual Children’s Hospital Toy Run.
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On November 26th, MADD (Mothers Against Drunk Driving) released a year’s end progress report showing the statistics on drunk driving nationwide.
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15-year-old Tanya Dmitruk was killed in a car accident on Saturday night, November 24th. Dmitruk was driving west on County Road 10 when she lost control of the car and went airborne, dying at the scene. According to the Colorado State Patrol, Dmitruk was driving without having a learner’s permit.
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John Elway, the Hall of Fame Denver Broncos quarterback, recently made two of his younger kids sign a downloadable contract between parents and teenagers which promotes safe teen driving. Presently, Elway serves as a spokesperson for Allstate Insurance Co.’s teen safe driving campaign.
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Between August 20 and September 21, 2007, Colorado AAA surveyed Colorado teens of driving age through the internet on cell phone use and text messaging while driving. 460 Colorado teens responded to the survey. The results were astounding.
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“Jon Jon” Stavers and his three-year-old son, Jonah, were killed Sunday, September 2nd, when a drunk driver, Bryant C. Hays, drove in the wrong lane of traffic and slammed into Stavers car killing both him and his son instantly.
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We all know that teen drivers have the propensity to drive unsafely given their lack of experience. Indeed, one of parents’ worst nightmare is the fear of losing a child due to unsafe driving.
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A horrible car crash this morning resulted in an eleven year old girl being placed on life support at Children’s Hospital.
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Each day thousands, if not millions, of teenagers across the country text while driving. However, too few of these teens take the time to think that what seems like an inconsequential activity can lead to fatal results. Patrick Sims is one of those teens. In November, 2005, the day before Thanksgiving, Patrick was texting while driving when he struck and killed bicyclist Jim Price, 63, husband and father of two. As part of the criminal case brought against him, Patrick now gives weekly presentations at area high schools and clubs about the dangers of texting while driving. Let’s hope that more teens listen and put down that cell phone while driving.

The Vatican issued a set of “Ten Commandments” for drivers today. It is an unusual move by the normally ultraconservative religious body but Cardinal Renato Martino, who head the office, told reporters that the Vatican felt it was necessary to address the pastoral needs of motorists since driving is such a big part of contemporary life.
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A fairly new teen past time severely injured a young man in Colorado Springs on Sunday. The stunt, called car surfing, has killed dozens of teenagers across the country including at least 4 from Colorado, over the last 3 years.
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Today the Colorado State Patrol and Colorado Department of Transportation announced a new campaign — Slow for the Cone Zone. The campaign is aimed at reducing the number of speeding incidents in construction zones.
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Eric Snell, the passenger in a truck driven by a drunk driver who struck and killed a mother and her two young children has pled guilty today to three counts of accessory to vehicular homicide and one misdemeanor in Denver District Court. The incident occured late last year at the intersection of 15th and Arapahoe in LoDo. Snell will testify against the driver of the truck, Lawrence Trujillo. This latest news comes at an appropriate time as we head into the Memorial Day weekend. Remember, the Heat is On and driving while intoxicated will cost you.

Quick question. Do you really understand how your uninsured/underinsured motorist coverage (”UM/UIM”) currently works in Colorado?
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Last week a drunk driver, fleeing from police on I-70, struck and killed 19 year old Jacob Dean Brock and his girlfriend, Jennifer Kois near Clifton, Colorado. Another young life and light is now extinguished and all that is left is a grieving family and community. Thankfully, however, groups such as Mothers Against Drunk Driving (MADD) work to stop drunk driving and help those families dealing with the loss of a loved one at the hands of a drunk driver.
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As Colorado accident attorneys, we are all too familiar with the serious car crashes and accidents that can occur in poor weather conditions. Just the other day, an individual contacted us about a collision he was involved in when another car was driving too fast on snow and ice packed roads and lost control of the vehicle.
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This past weekend, the Denver community was faced with a horrific, needless tragedy. A mother and her two young children were run over and killed by a drunk driver as they were crossing the street in Downtown Denver. The drunk driver did not even stop after the accident, and instead proceeded to drive home and try to hide his truck and evade responsibility.
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When an individual has been injured in an accident, the insurance company for the at-fault party is entitled to review the injured indivdual’s accident-related medical records to aid their evaluation of the injured party’s injury claim.
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There was a story today in the news in Colorado about a hit and run accident, where a man riding on a scooter was killed when his scooter was clipped by a truck and then was hit by a second truck that fled the scene. See news clip at: www.9news.com. The driver of the truck that fled the scene was ultimately found and was arrested.
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Each year, millions of people are injured in motor vehicle collisions. In 2004 there were 6.2 million police-reported motor vehicle crashes and more than 9,000 people died in rollover crashes according to the National Highway Transportation Board.
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