Alan Jimenez, Attorney
       ​           
 Lawyer With 28 Years 
Experience




"Counselor For The People"TM
 ​ 
Available   24/7    FREE ADVICE
 
303-698-1774  

Home/Office  Visits Available

Se Habla Espanol

NEWS

Negligent Security May Apply Even In Less Obvious Cases

Experienced lawyers who have sued for  inadequate security claims have developed trial techniques in premises security litigation. This area of law includes recovery for injuries caused by crimes such as assaults, rapes, robberies  shootings and other violence due to inadequate premises security.  These cases involve conditions in commercial and residential premises.
 
Usually the plaintiff who has been injured due to a criminal act brings an action against the owner of the premises. A determination has to be made as to who is in a position to control or prevent the incident.  The plaintiff must have damages or injuries.
 
General common law principles that apply are various and include the issue if there is no duty to protect against harm. The property owner must take reasonable measures when criminal acts are foreseeable.  Crime victims should contact us to find out if a case is possible.  See definition of negligent securtity .

 
 
 
Injured People Can Sue a Bar If a Drunk Driver Was Served
 
 
Colorado’s Dram Shop law states the owner of a bar or restaurant can be held responsible for serving an intoxicated customer that subsequently injures or kills someone while under the influence. We can help accident victims in recovering damages from a negligent business if they serve too much alcohol to an intoxicated customer.  See dram shop definition.

Bicycle Accident Laws Can Make The Best State For Bikiing

Today the Denver Post wrote about Gov. John Hickenlooper's plan to spend more than $100 million over the next four years so Colorado can be the best state for biking.
 
As a bicycle rider and a rider who uses my bike for transportation to work on occasion, I hope the state will continue to improve an already good biking system. They should always keep in mind safety and consider routes that keep cyclist away from cars.   Bike accidents involving cars can be avoided if the state were to carefully look at past accidents and learn from them.  They should consult with accident construction experts in their plans.  We have worked with many bicycle accident experts on real cases and they can be a valuable resource.  Unfortunately, as the states bicycle riders grow there will be more accidents for us to help out with. We will be here through it all, supporting the bicycle riders, because we know there are times when insurance companies mistreat the riders.
 
One way to make this the best state for riding is to have laws and insurance settlements that consider the bike rider and help them get back on their feet after the crash.
 
Below is the state bicycle statute:
 
§ 42-4-1412. Operation of bicycles and other human-powered vehicles
 
Every person riding a bicycle or electrical assisted bicycle shall have all of the rights and duties applicable to the driver of any other vehicle under this article, except as to special regulations in this article and except as to those provisions which by their nature can have no application. Said riders shall comply with the rules set forth in this section and section 42-4-221, and, when using streets and highways within incorporated cities and towns, shall be subject to local ordinances regulating the operation of bicycles and electrical assisted bicycles as provided in section 42-4-111.
It is the intent of the general assembly that nothing contained in House Bill No. 1246, enacted at the second regular session of the fifty-sixth general assembly, shall in any way be construed to modify or increase the duty of the department of transportation or any political subdivision to sign or maintain highways or sidewalks or to affect or increase the liability of the state of Colorado or any political subdivision under the “Colorado Governmental Immunity Act”, article 10 of title 24, C.R.S.

No bicycle or electrical assisted bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped.
No person riding upon any bicycle or electrical assisted bicycle shall attach the same or himself or herself to any motor vehicle upon a roadway.
Any person operating a bicycle or an electrical assisted bicycle upon a roadway at less than the normal speed of traffic shall ride in the right-hand lane, subject to the following conditions:
If the right-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the right as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so
A bicyclist may use a lane other than the right-hand lane when:
Preparing for a left turn at an intersection or into a private roadway or driveway;
Overtaking a slower vehicle; or

Taking reasonably necessary precautions to avoid hazards or road conditions.
Upon approaching an intersection where right turns are permitted and there is a dedicated right-turn lane, a bicyclist may ride on the left-hand portion of the dedicated right-turn lane even if the bicyclist does not intend to turn right.
A bicyclist shall not be expected or required to:
Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or
Ride without a reasonable safety margin on the right-hand side of the roadway.
A person operating a bicycle or an electrical assisted bicycle upon a one-way roadway with two or more marked traffic lanes may ride as near to the left-hand curb or edge of such roadway as judged safe by the bicyclist, subject to the following conditions:
If the left-hand lane then available for traffic is wide enough to be safely shared with overtaking vehicles, a bicyclist shall ride far enough to the left as judged safe by the bicyclist to facilitate the movement of such overtaking vehicles unless other conditions make it unsafe to do so.
A bicyclist shall not be expected or required to:
Ride over or through hazards at the edge of a roadway, including but not limited to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes; or
Ride without a reasonable safety margin on the right-hand side of the roadway.
Persons riding bicycles or electrical assisted bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
Persons riding bicycles or electrical assisted bicycles two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.
A person operating a bicycle or electrical assisted bicycle shall keep at least one hand on the handlebars at all times.
A person riding a bicycle or electrical assisted bicycle intending to turn left shall follow a course described in sections 42-4-901(1), 42-4-903, and 42-4-1007 or may make a left turn in the manner prescribed in paragraph (b) of this subsection (8).
A person riding a bicycle or electrical assisted bicycle intending to turn left shall approach the turn as closely as practicable to the right-hand curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the bicyclist shall stop, as much as practicable, out of the way of traffic. After stopping, the bicyclist shall yield to any traffic proceeding in either direction along the roadway that the bicyclist had been using. After yielding and complying with any official traffic control device or police officer regulating traffic on the highway along which the bicyclist intends to proceed, the bicyclist may proceed in the new direction.
Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (8), the transportation commission and local authorities in their respective jurisdictions may cause official traffic control devices to be placed on roadways and thereby require and direct that a specific course be traveled.
Except as otherwise provided in this subsection (9), every person riding a bicycle or electrical assisted bicycle shall signal the intention to turn or stop in accordance with section 42-4-903; except that a person riding a bicycle or electrical assisted bicycle may signal a right turn with the right arm extended horizontally.
A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the bicycle or electrical assisted bicycle before turning and shall be given while the bicycle or electrical assisted bicycle is stopped waiting to turn. A signal by hand and arm need not be given continuously if the hand is needed in the control or operation of the bicycle or electrical assisted bicycle.
A person riding a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. A person riding a bicycle in a crosswalk shall do so in a manner that is safe for pedestrians.
A person shall not ride a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk where such use of bicycles or electrical assisted bicycles is prohibited by official traffic control devices or local ordinances. A person riding a bicycle or electrical assisted bicycle shall dismount before entering any crosswalk where required by official traffic control devices or local ordinances.

A person riding or walking a bicycle or electrical assisted bicycle upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances, including, but not limited to, the rights and duties granted and required by section
 
42-4-802.
Deleted by Laws 2005, Ch. 301, § 1, eff. July 1, 2005.
A person may park a bicycle or electrical assisted bicycle on a sidewalk unless prohibited or restricted by an official traffic control device or local ordinance.
A bicycle or electrical assisted bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.
A bicycle or electrical assisted bicycle may be parked on the road at any angle to the curb or edge of the road at any location where parking is allowed.
A bicycle or electrical assisted bicycle may be parked on the road abreast of another such bicycle or bicycles near the side of the road or any location where parking is allowed in such a manner as does not impede the normal and reasonable movement of traffic.
In all other respects, bicycles or electrical assisted bicycles parked anywhere on a highway shall conform to the provisions of part 12 of this article regulating the parking of vehicles.
Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense; except that section 42-2-127 shall not apply.
Any person riding a bicycle or electrical assisted bicycle who violates any provision of this article other than this section which is applicable to such a vehicle and for which a penalty is specified shall be subject to the same specified penalty as any other vehicle; except that section 42-2-127 shall not apply.
Upon request, the law enforcement agency having jurisdiction shall complete a report concerning an injury or death incident that involves a bicycle or electrical assisted bicycle on the roadways of the state, even if such accident does not involve a motor vehicle.
Except as authorized by section 42-4-111, the rider of an electrical assisted bicycle shall not use the electrical motor on a bike or pedestrian path.
 
§ 42-4-1003. Overtaking a vehicle on the left
 
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations, exceptions, and special rules stated in this section and sections 42-4-1004 to 42-4-1008:
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle
The driver of a motor vehicle overtaking a bicyclist proceeding in the same direction shall allow the bicyclist at least a three-foot separation between the right side of the driver's vehicle, including all mirrors or other projections, and the left side of the bicyclist at all times.

Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of the driver's vehicle until completely passed by the overtaking vehicle.
Any person who violates any provision of this section commits a class A traffic infraction.
 
§ 42-4-204. When lighted lamps are required
 
Every vehicle upon a highway within this state, between sunset and sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of one thousand feet ahead, shall display lighted lamps and illuminating devices as required by this article for different classes of vehicles, subject to exceptions with respect to parked vehicles.
Whenever requirement is declared by this article as to distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in subsection (1) of this section in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated.
Whenever requirement is declared by this article as to the mounted height of lamps or devices, it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load.
Any person who violates any provision of this section commits a class A traffic infraction.
 
§ 42-4-221. Bicycle and personal mobility device equipment
 
No other provision of this part 2 and no provision of part 3 of this article shall apply to a bicycle, electrical assisted bicycle, or EPAMD or to equipment for use on a bicycle, electrical assisted bicycle, or EPAMD except those provisions in this article made specifically applicable to such a vehicle.
Every bicycle, electrical assisted bicycle, or EPAMD in use at the times described in section 42-4-204 shall be equipped with a lamp on the front emitting a white light visible from a distance of at least five hundred feet to the front.
Every bicycle, electrical assisted bicycle, or EPAMD shall be equipped with a red reflector of a type approved by the department, which shall be visible for six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.

Every bicycle, electrical assisted bicycle, or EPAMD when in use at the times described in section 42-4-204 shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for six hundred feet when directly in front of lawful lower beams of head lamps on a motor vehicle or, in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least five hundred feet.
A bicycle, electrical assisted bicycle, or EPAMD or its rider may be equipped with lights or reflectors in addition to those required by subsections (2) to (4) of this section.
A bicycle or electrical assisted bicycle shall not be equipped with, nor shall any person use upon a bicycle or electrical assisted bicycle, any siren or whistle.
Every bicycle or electrical assisted bicycle shall be equipped with a brake or brakes that will enable its rider to stop the bicycle or electrical assisted bicycle within twenty-five feet from a speed of ten miles per hour on dry, level, clean pavement.
A person engaged in the business of selling bicycles or electrical assisted bicycles at retail shall not sell any bicycle or electrical assisted bicycle unless the bicycle or electrical assisted bicycle has an identifying number permanently stamped or cast on its frame.

Any person who violates any provision of this section commits a class B traffic infraction.
 
§ 42-4-802. Pedestrians' right-of-way in crosswalks
 
When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
No pedestrian shall suddenly leave a curb or other place of safety and ride a bicycle, ride an electrical assisted bicycle, walk, or run into the path of a moving vehicle that is so close as to constitute an immediate hazard.
 
§ 42-4-111. Powers of local authorities
 
This article shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, except those streets and highways that are parts of the state highway system that are subject to section 43-2-135, C.R.S., from:
(h)  Regulating the operation of bicycles or electrical assisted bicycles and requiring the registration and licensing of same, including the requirement of a registration fee, consistent with the provisions of this article;
 
 
 
Ask Away. I Have Answers.
 
 
 
 
 
 
 
Contact Us For a Free Case Evaluation
24/7
 
YOUR EMAIL ADDRESS WILL NOT BE PUBLISHED.
Email
Case Details
Case Type
Date of Incident?
How did you hear about our firm?
Join my mailing list ?
Submit
 
 
 
Related articles: Denver Colorado Motorcycle Accident Lawyers, Lakewood Colorado Motorcycle Accident Lawyers, Aurora Colorado Motorcycle Accident Lawyers,Wheatridge Colorado Motorcycle Accident Lawyers, Englewood Colorado Motorcycle Accident Lawyers, Golden Colorado Motorcycle Accident Lawyers, Northglenn Colorado Motorcycle Accident Lawyers, Thornton Colorado Motorcycle Accident Lawyers, Westminster Colorado Motorcycle Accident Lawyers, Commerce City Colorado Motorcycle Accident Lawyers, Littleton Colorado Motorcycle Accident Lawyers, Englewood Colorado Motorcycle Accident Lawyers, Boulder Colorado Motorcycle Accident Lawyers, Broomfield Colorado Motorcycle Accident Lawyers, Hoghlands Ranch Colorado Motorcycle Accident Lawyers, Centenial Colorado Motorcycle Accident Lawyers, Louisville Colorado Motorcycle Accident Lawyers, Superior Colorado Motorcycle Accident Lawyers

Colorado Pedestrian Accidents Laws Can Help a Victim

Anyone injured as a pedestrian may recover damages for the injuries sustained as a result of someone else’s negligence.  To establish fault in a pedestrian accident, the victim must prove that the person who caused the accident owed a legal duty to the injured pedestrian.
 
Traffic laws are used to determine the proper conduct of the parties. It many cases it is not obvious who was at fault and the case must be thoroughly investigated . A driver who is determined to be negligently by improperly operating a car may be required to pay money damages for personal injury.  
 
Automobile insurance will cover the loss.  Pedestrians must exercise reasonable care to prevent an accident.  Legal rules that include contributory negligence may be applicable against a pedestrian if they acted in a way that was also negligent.

Shooting and Criminal Negligence

Negligence Claims for Victims of Shootings and Gun Crime?
 
If you or a family member has been hurt or seriously injured due to a shooting or gun related crime then you may have a civil case and you should speak to an attorney who has experience and specialized in shooting negligence.  There are many ways to seek  and settlement and get compensation in the case of a shooting resulting from negligence and a criminal act. Attorney Alan Jimenez can answer your questions and advise if you have a case.
 
Do I Have A Case Against A Criminal or Others?
 
What do I do if I or a loved one has been the victim of a shooting. Of course first report the case to the police. Additionally you may not realize that the police, although dedicated officers, can make mistakes and can be held liable. There are many other possible liable parties in a shooting including a civilian who shoots someone or others involved.  The cases can get complex and require a great deal of investigation.
 
Who Can Be Sued For My Injuries As A Shooting Victim?
 
Attorney Alan Jimenez can figure it out.  You have many civil rights and rights to recover damages if someone was negligent.  Information obtained through civil litigation often helps us determine who should be sued.. We first look to the shooter himself or herself, but then figure out if others were negligent. Sometimes a property insurance policy pays the claim.  Alan Jimenez has recovered money settlements for the injured sometimes requiring litigation and trial.

Explosion Liability

Explosion cases hurting workers or anyone is a speciality liability claim which may require fire and explosion investigators to determine origin and cause for hot or cold fires. These cases can be complex so you need our help to work with engineers, architects, and scientists to figure out what happened.  For example an chemical engineer or gas related engineer can determine if a gas leak caused the explosion which caused the injury.  We have expert witnesses including certified fire and explosion investigators, electrical and mechanical engineers, architects, product engineers, materials scientists, and other specialists. If liability if found the company at fault must pay you money damages.

Construction Accidents

I help construction workers injured in any working environments of any job.  It's my job to figure out the cause of an accident. With years of experience in construction accidents I can be your voice.  Often, it's determined by experts that at the site safety measures have not been properly implemented which has increased the hazards of injury.
 
Any construction accident requires immediate legal representation to ensure fair compensation.  At first you will have a workers’ compensation claim with benefits.  However you will also have a third party case against anyone who was negligent. Serious injuries, require an experienced attorney to evaluate the case elements.  You are entitled to money damages from the negligent parties insurance company.  
 
I have handled hundreds of on the job injury cases for the past 26 years and I can help you.

Wrongful Death

Colorado Wrongful Death Lawyer
 
I am a Wrongful Death Attorney in Denver, Colorado and who is experienced in handling Wrongful Death and survival claims throughout Colorado.
 
 I compassionately help families get justice. I understand the difficult situation and lend expert advise to solve the liability and damages issues on wrongful death claims.  You need someone to take over during the legal process and I'm here to speak for you.  
 
For 28 years I have represented people who have lost a loved one in any type of accident involving wrongful death.

What You Need To Know About Motorcycle Accidents

Motorcycle accidents require special legal knowledge. Riders often have very serious injuries and have problems with financial matters and family. Enormous medical expenses, loss of employment and future earning power can be common,  Severe pain and suffering are damages to be claimed. Victims have the right to make a claim for compensation for the negligent actions of unsafe drivers. If you or a loved one has been involved in a motorcycle accident calling an experienced Colorado motorcycle accident lawyer is the best way to protect your legal rights.