The Scariest Day of My Life

A Long Road to Recovery

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Delores Marquez fell in love with cycling several years ago. It was the one thing that she did for herself, and it made her feel good. She started out very slowly and admits that she was a bit timid at first.  Delores always had a fear of getting hit by a car or having a serious crash. She had never ridden outside of bike lanes or trails. Many times, Delores would put her bike in her car and drive to the trails to prevent being close to cars. 

Lately, though, Delores had started feeling comfortable riding in her neighborhood in the bike lane, because it had recently been upgraded. The bike lane leads directly into trails that Delores used for all of her rides. She was thrilled because she felt extremely safe and enjoyed the beautiful ride through her neighborhood.

She became more confident riding through intersections. In the past, Delores would get off her bike and walk across the street. Now, she felt more secure staying on her bike and riding through intersections when it was safe.

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Cycling also supported charities dear to Delores and causes such as Bike MS: Colorado 2020, a fundraising ride to benefit people affected by Multiple Sclerosis. Delores has raised close to $650.00 in donations this year and signed up for the MS150 in June 2020. She was excited for the ride and training hard so that she could join her company’s team at Johns Manville.

Just as Delores started gaining confidence and racking up the training miles, she was seriously injured when a motorist ran a stop sign at an intersection where she had been riding in the bike lane. Although Delores is hopeful that she will be able to ride the MS150, her injuries and pain may keep her from doing what she loves. “I pray I can do it as I haven’t had much training and the pain from my injuries makes me very sore when I do get on an indoor bike,” says Delores. She has only ridden her bike outdoors about six times since the day of the crash.

May 28, 2018 was the scariest day of my life. Daily, I wonder how I was saved from this near-death experience,” she says. The crash happened at 9:40 am in Denver at W. Dartmouth Avenue and S. Raleigh Street. Delores was going southbound on S. Raleigh Street and had just stopped at a four-way stop. Another driver stopped at the same time as Delores and waved her to continue on. Delores started to pull forward on her bike when the driver of another car traveling eastbound on W. Dartmouth, who was upset that he had to wait, swung around around the first car, ran the stop sign, and crashed into Delores. 

The driver, who was traveling eastbound on W. Dartmouth took the right of way and struck Delores with such force that her body and bike flew directly onto his car hitting  the driver’s side window which caused it to shatter. Her body then ripped off the driver’s side mirror before landing on the road all while still clipped into her bike.

“I can’t explain in words the terror I felt when I knew I was going to get hit and there was nothing I could do about it. I screamed for the driver to stop but he wasn’t looking at me. My first thought was how do I prevent myself from going underneath the car. I didn’t want to leave my children without a mother. All I could do was pray,” recalls Delores.

She does not know how many times her body and bike hit the car.  As soon as her head hit the window and the glass shattered,  the car sped up and she kept getting hit. Delores thought it was never going to end. 

“When I did land, the pain that I felt was indescribable. I screamed out for help. I remember thinking, at the minimum, I am paralyzed and will have brain damage. Going in and out of shock I don’t remember much after the crash due to the pain radiating through my body. I had such fear running through me thinking about what my life and my family’s life was going to be like. I just lay in the street, and there was nothing I could do but be at the mercy of God and medical help,” she says.

Delores was transported to Swedish Hospital by ambulance complaining of severe back pain.  She had a broken tailbone and a fractured sacrum.  Her hips and thighs were really sore.  Her ears were ringing.  She could not turn her neck and had a mild concussion.  Delores had cuts and bruises all over her body.

The driver stayed at the scene. Denver Police initially cited him with Failure to Yield Right of Way at a Stop Sign, C.R.S. 42-4-703(3). A second charge of Careless Driving Resulting in Injury, C.R.S. 42-4-1402(1),(2)(b) was later added. The driver pleaded guilty to the latter charge and was ordered to complete 80 hours of community service and pay $319.50 in fines and fees. The Failure to Yield Right of Way charge was dismissed.

The outcome of the criminal case does not feel just and fair to Delores at all and surprised her. One and a half years later, she is still suffering, while the driver only had to do community service. “Careless driving causing bodily injury should have been serious bodily injury. I know his sentence is not enough to deter him from doing this to someone else or change his driving behaviors. He also had a prior record that included traffic violations. This was not taken into consideration,” she explains.

Delores has a long recovery ahead of her. She does not know when or if she will ever be physically, mentally, and emotionally pain free. The crash changed her life forever and that of her children, too.  “I don’t know what the future holds, but I am blessed to be alive and walking,” she says. 

Following the crash, Delores had glass and asphalt all over her body. She could not talk at the scene. When paramedics put her on the spinal board, all of the glass and asphalt became embedded into her body. 

The crash took her independence. She became fully dependent on medical help and devices for the very basic needs such as using the bathroom, getting out of bed, taking a shower, getting dressed, walking, sitting, driving, sleeping, and hugging her children. Essentially, any type of movement caused severe pain. No type of medicine helped with the pain. Everything she did required some type of medical accommodation.

Delores has had sleepless nights due to the pain, nightmares, and flashbacks. Every time she hears a siren, gets to a stop sign or a red light, or sees a cyclist, she is frozen in fear; fear that she is going to get hit or hit someone. This is the kind of fear that will never go away. She has daily headaches/migraines, cognitive and memory issues, and skull pain. 

Her entire 2018, following the crash, was taken from her. Delores was unable to participate in any activities that required movement. She had to cancel dozens and dozens of activities with her children, activities that Delores and her children had planned for months and years. 

As a board member of her company’s volunteer program, Delores oversees more than 30 volunteer events that serve hundreds of people in need. She had to find help for these activities that she normally leads for her company. This is her passion, and it was taken from Delores. 

She had to rely on her children and family to be her caregivers, and that made her feel sad inside because they should have been enjoying their summer, activities, and school.

Delores is at some type of therapy or doctor’s appointment each week. She has missed an immense amount of work which will continue through the healing process. Her company has been very understanding and accommodating, but she feels she has let them down. 

The one thing that Delores wishes she had known before the crash and now wants cyclists to know is to make sure they have enough insurance coverage on their auto policies.  “I wish I would have had medical pay on my auto insurance. I also wish I had higher limits,” explains Delores. She encourages cyclists to review their insurance policies to make sure they are fully covered in the case of a crash. Please check out this post on our website that explains what insurance you need as a cyclist. You will find out about medical benefits (MEDPAY) and uninsured motorist/under-insured (UM/UIM) coverage. It also discusses your options for insurance coverage if you do not own a vehicle. 

Delores is still in the process of healing and doing a lot of medical therapy to try to get to a place of manageable pain. Her goal is to get back on the bike without fear. In addition, she wants to be a support system for someone who has been injured in a crash and help them through the process mentally, physically, and emotionally.

“Many victims of crashes don’t get the appropriate healing and many just give up riding,” she believes. 

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Delores also wants to be more involved in advocacy groups in order to be part of the change. She is already off to a great start. Delores asked Megan to speak to company employees at Johns Manville to give her bike safety presentation. 

This past February, Delores also testified in front of the Senate Judiciary Committee at the State Capitol in favor of the bike lane bill. “I thought I would be safe riding in a bike lane because the city put them there for us to ride vs. the traffic lane. If we are going to continue getting bike lanes, then the city needs to protect us in those lanes. Motorists have to watch out for the cyclists,” she said.

“I want to empower law enforcement, and I want motorists to know that they will be cited if they don’t yield to cyclists who are lawfully riding in these lanes in Colorado.” 

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This year’s Bike MS: Colorado 2020 is scheduled for June 27-28. Delores is taking her training indoors for now and doing Zwift workouts. She really wants to ride in the MS150 ride for all of the people with MS as she knows several who are suffering from the disease.

Delores also sees it as a personal challenge to get back on the bike and is determined not let the crash take riding away from her. 

JUST last weekend she rode 52.67 miles -she was on roads with cars nearby- and she said she’s one step closer to conquering her fears and putting this behind her!

Delores, we are so proud of you, and wish you all the best and are rooting for you!

The Trend in Plea Deals Involving Injured Cyclists: Lesser Charges, Lighter Sentences

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If you have been reading our recent client stories, you probably noticed that in many crashes involving bodily injury to a cyclist, the city or district attorney often offers drivers a plea deal. These plea deals, which result in reduced charges and penalties/fines, seem very unjust to the injured cyclists.  

While their injuries may require surgery, physical therapy, time off from work, medical bills, pain, loss of independence, an inability to function daily, stress, and anxiety—just to name a few—the drivers get back to daily life and driving their cars almost immediately. Many will not even have to go to court; they will plead guilty to a lesser charge and pay minimal fines.  

Yet, the cyclist will not be able to get back on the bike right away. Some will never get back on because they are afraid of another collision or death.  Injured cyclists continue to deal with the physical and mental toll the crashes take on their daily lives and the possible lifelong impacts.

This is the case of our client, Ken Andrews, who was t-boned while riding in the bike lane on his way to his job in downtown Denver in June 2017.  The driver, initially ticketed for taking the right of way on a left turn (a three-point violation), was offered (and she accepted) a plea deal for operating a vehicle with defective headlight equipment (a one-point violation).  She paid $135 in traffic violation and court fees.  

Ken, on the other hand, was diagnosed with:

  • A grade 1 acromioclavicular (AC) shoulder separation on his left side.

  • A fractured scapula on his left side.

  • A sprained wrist to his left hand.

  • A small, painful “bony” lump, or ganglion cyst, at the base of his right thumb.

  • Severe muscular, tendon, ligament joint bruising in his right shoulder and a partial labral tear.

  • Road abrasions along the underside of his right elbow and around his right knee cap.

  • Overall bruising along left and right side of his body.

  • Continued pain and decreasing functionality in his right arm and right elbow.

Following the crash, Ken’s overall quality of life diminished, as he could not function independently to complete regular daily activities like bathing, dressing himself, and preparing food. He was not able to care for his four-year-old daughter. Ken could not hold his daughter and provide her the physical attention to which she was accustomed.  He was also very concerned about making a full recovery and the possible long-term problems. 

Not only did he have to deal with the physical impacts of the crash, it also took a mental toll on him. It was six months before Ken was ready to get back on his bike and back riding on the streets. He was nervous the first several months, and it was very hard to trust traffic. Ken, who has been riding bikes since he was eight years old, commutes both in Denver and Boulder as much as he can. He is an avid mountain bike rider and races both mountain bike and cyclocross. He is riding again, but it does not take much for him to get nervous on the road. Ken rides much more defensively now and tries to ride on bike paths exclusively, if possible, whereas he used to have no qualms about riding in traffic around the city.

Ken feels that Denver law enforcement did not charge the driver appropriately. Instead of issuing her a ticket for careless driving, the ticket was for taking the right of way when turning left. If, in principle, law enforcement ticketed drivers for careless driving when cyclists are involved, and city and district attorneys did not offer plea deals, drivers might actually be more cautious around cyclists knowing they could lose their license or even serve jail time. If you are convicted of a careless driving charge, your insurance rates might increase, your insurance company could drop you, and your permanent driving record will be reflected. Ken’s case never got that chance here.

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What does Ken want drivers to know about keeping cyclists safe? Pay attention, put the phone down, and respect that there are bike lanes in Denver. Drivers are responsible to monitor them for traffic just like other cars. Be aware that when making turns, especially in the city, there are lots of cyclists and pedestrians. He believes that it is crucial to enforce the laws that exist and that law enforcement should apply them correctly. “Then city and district attorneys must stand behind them!” he says.  Ken also emphasizes that the number one thing cyclists need to do is obey traffic laws and remove the stigma of cyclists. “We need to be seen as complete equals to the auto user.” 

Ken wishes more cyclists knew how bad the imbalance is between auto users and cyclists in the eyes of the legal system:

While the laws in effect do protect the more vulnerable, enforcing them seems to be non-existent in many ways. I think if more cyclists were truly aware of how poorly they will be treated by the justice system and the insurance companies, they would be more active/involved in protest and demanding better bike infrastructure and enforcement habits. It seems most don’t recognize how bad it is until they have the unfortunate experience of going through a collision and the legal process.
— Ken Andrews

He also wants cyclists to know that insurance companies will do everything to pin blame on the most vulnerable party (pedestrians/cyclists) in the case, and how they use smaller cases to test the system, ie, being difficult to resolve on principle even if fault is extremely clear.  Through his experience, he learned “how completely irritating the insurance adjuster system is, and the extents that the insurance company goes to make the cyclist at fault when the defendant is clearly at fault.” Ken was surprised how little pain and suffering is valued and how hard it is to prove.

In order to have an impact to make cycling safer, Ken is involved with several bike advocacy groups. He has always been a member of PeopleForBikes and was involved with Bicycle Colorado and their work to get the recent vulnerable road user law (SB19-175) passed that increased penalties for careless driving causing serious bodily injury to a vulnerable road user (VRU). In the effort to pass this law, he testified before the State Senate while the bill was moving through committees. 

Hottman Law Office has spent years educating law enforcement on cycling laws here in Colorado. Our bike advocates and elected officials gave us the VRU law as of May 29, 2019, which will dock the driver twelve points, effectively taking their license for a year. The DA need only prove careless driving (same as they would normally do for a four-point careless charge) plus serious bodily injury (doctor signs a form saying injuries were serious as defined by statute) plus VRU (cyclists are defined as VRUs). Yet, we are seeing serious resistance from DAs here in the front range area. 

Drivers are not being adequately punished. They hit and injure cyclists. There is now a law to punish drivers—12 points assessed to their license. This needs to be the norm in these cases across the board. You can have the police do everything right, and you can have a great law on your side, but until it gets used, nothing changes.

It’s time to step up and take licenses and driving privileges away from drivers who hurt cyclists. Period!

Click HERE to read more about Beth McCann, Denver’s DA.

Denver District Attorney’s Office

Address:
201 W. Colfax Avenue
8th Floor
Denver, CO 80202
Email Address: info@denverda.org
Fax Number: 720-913-9035