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Questions Answered by Nelson Patrick Boyle
1 Answer | Asked in Criminal Law for Colorado on
Q: I have been accused of causing an accident that left my son dead and other people injured but I was avoiding another car

I happened to swerve my car so that I could avoid accident that I crossed the median and hit another oncoming car. I have been held liable and the police was told that I was driving on the wrong side of the road when this happened,which wasn't true. I am seeking legal advice

Nelson Patrick Boyle
Nelson Patrick Boyle answered on Jun 13, 2020

Hire a lawyer. I don’t practice criminal defense. But I have some experience in that area. You need to get a lawyer and quit posting about your case in public arenas, like this. If you cannot afford a lawyer, apply for a public defender. You need a lawyer asap.

1 Answer | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: Is it illegal to block a road? If so, then is it illegal to hit someone blocking the road? Does speed matter?

After seeing the footage of a lady in denver swerving to hit a protester, I wondered what kind of legal trouble that person could get into.

If I am driving on the highway at 65 MPH and someone leaps in front of my car, I would assume I wouldn't be charged with manslaughter. Does the... Read more »

Nelson Patrick Boyle
Nelson Patrick Boyle answered on Jun 2, 2020

There's a "last clear chance" doctrine that says, basically, if you can avoid a crash or if you can avoid hitting the person, then it's illegal. The video you refer to involved a driver who appeared to purposely hit the person. If it can be proved in court that she did so on... Read more »

1 Answer | Asked in Civil Litigation for Colorado on
Q: Can Park County close all short term Rentals (530)? Could this be unconstitutional or considered “regulatory Taking”.
Nelson Patrick Boyle
Nelson Patrick Boyle answered on May 14, 2020

It depends. If this is related to a worldwide pandemic, in which the county is exercising its Constitutional power to protect the public health, the answer is likely yes to your first question. The Colorado Supreme Court has not weighed in directly on the constitutionality of the various public... Read more »

1 Answer | Asked in Contracts, Products Liability and Gaming for Colorado on
Q: I pre-ordered something and was only told by the end of the month that the order was pushed back

nvm disregard

Nelson Patrick Boyle
Nelson Patrick Boyle answered on May 12, 2020

First, I practice in Colorado and not in Texas and I'm not your attorney, so this is intended as general advice and I would suggest you contact a Texas attorney if you determine you need one. However, you posted this in a Colorado forum. So I'm assuming you're in Colorado.... Read more »

1 Answer | Asked in Employment Law and Health Care Law for Colorado on
Q: Can my job ask and share health questions and personal identifying information?

My job started asking screening questions such as temperature, presence of any of the following: cough, chills, lack of taste or smell, fever, nausea, vomiting, or diarrhea. They record responses, as well as first and last name, and department that I am employed by. This information is supposed to... Read more »

Nelson Patrick Boyle
Nelson Patrick Boyle answered on May 11, 2020

The HIPAA laws regarding the COVID-19 pandemic have been changed. This is a question you'll want to talk directly to a lawyer about. Off-hand, I can think of serveral facts that are not included in your query that could change the answer. The Colorado Bar Association (www.cobar.org) can... Read more »

1 Answer | Asked in Civil Litigation for Colorado on
Q: I co-signed a two party insurance payment, approx $6,000 to a vendor for claim repair.

The vendor I chose has an Eviction notice on the door of his of operation. I spoke with him and he says he's looking for another location to service RV repairs. I'm not comfortable continuing to do business with this vendor. The Hartford Insurance Company seems to be avoiding my concern... Read more »

Nelson Patrick Boyle
Nelson Patrick Boyle answered on May 11, 2020

You probably want to talk to an attorney about this. To fully answer the question, the attorney would need more information. For instance, the attorney will need: any contracts signed with the business, releases or other things you've signed, background on why the Hartford is involved and... Read more »

3 Answers | Asked in Personal Injury for Colorado on
Q: In Colorado if your boss physically attacks you while you are at work can you sue the company?
Nelson Patrick Boyle
Nelson Patrick Boyle answered on May 11, 2020

It depends. Before I answer that, there are some things you should do.

If you are physically attacked: First, get to a safe place. Second, call the police don't resort to "self-help" by escalating the situation or retaliating. Third, if your "boss" is not your HR...
Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: Can you sue an undocumented immigrant in small claims court?
Nelson Patrick Boyle
Nelson Patrick Boyle answered on Oct 4, 2019

Ostensibly, yes. Just like any case, the constitution and the court rules require that you have to serve the person with the lawsuit. If you succeed, then you can proceed. Many small claims courts have "law clinics" for people representing themselves. There's some forms and resources... Read more »

1 Answer | Asked in Appeals / Appellate Law for Colorado on
Q: How do I ask for more time to appeal?

The district court mailed my final order to the wrong address (street address instead of my PO Box) and I still haven't received it! My 49 day deadline to appeal is in 4 days.

Nelson Patrick Boyle
Nelson Patrick Boyle answered on Sep 27, 2019

I urge you to call an appellate attorney. Depending on your ability to pay for an attorney, you may be able to hire one on an hourly or flat fee basis or you may qualify for a public defender or alterternative defense counsel (if it's a criminal case) or there may be some services out there to... Read more »

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