Bicyclists are unprotected and vulnerable to serious injuries in a crash. If you have been hurt in a bicycle accident caused by someone else’s negligence, seek medical attention. Then, contact the Denver bike accident lawyers at The Fang Law Firm right away. We can help you explore your legal rights and options for compensation.
After a serious bike accident caused by someone else’s negligence, you may be able to recover financial compensation for damages under Colorado law. Damages may include past medical bills, future medical expenses, lost wages, loss of earning potential, pain and suffering, emotional distress, and loss of enjoyment of life. If you or a loved one are seriously injured, it is in your best interest to hire an experienced Denver bicycle accident lawyer.
A bike lawyer can maximize recoverable damages in your injury case and help you deal with insurance companies. An experienced legal team can investigate your case, obtain and preserve evidence, determine liability, and aggressively pursue full financial compensation for your injuries in Colorado. The right attorney can manage all of the legal aspects and complicated legwork of your lawsuit while you focus on healing from your injuries.
A collision between a cyclist and a motor vehicle can cause serious injuries, such as neck or head injuries, or death for the bicyclist. Traffic laws and bike lanes in Colorado and the U.S. have been put into place to reduce the risk of accidents involving bicycles and motor vehicles. Drivers have a duty to exercise reasonable care on the road. A negligent driver may be held liable for injuries or wrongful death resulting from a bicycle accident.
Negligence in personal injury law is the careless failure to use an appropriate amount of prudence or caution in doing something, such as operating a motor vehicle. If a driver is negligent, it means he or she has fallen short of the expected amount of care. Common examples of driver negligence are speeding, distracted driving, and following a bicyclist too closely.
Colorado is a fault-based car insurance state. After a bike collision, the driver or party at fault for the crash will be liable for victims’ medical bills and property repairs. If there is proof that the other driver involved in your crash was negligent, that driver’s auto insurance provider will be liable for your losses. An attorney can help you prove fault, such as by collecting an accident report, cell phone records and eyewitness statements.
The damages, or financial compensation, available in a bicycle accident will depend on the injuries and losses that you suffered. There are three main categories of damages:
Our Denver bike accident attorneys can carefully review your bicycle accident case to estimate its value. Then, we can help you fight for fair and full financial compensation.
Knowing the rules of the road as a bicyclist in Colorado can help you avoid a vehicle collision. Obeying traffic laws is your responsibility as a cyclist. This can help you stay predictable to the drivers around you, decreasing the risk of someone crashing into you. It can also help you avoid liability (financial accountability) if a collision does take place. You are less likely to be to blame if you were obeying all of the rules of the road at the time of the crash. These include:
Bicycles are classified as vehicles in Colorado, meaning they must obey many of the same rules. This includes traveling in the correct direction and staying in the right lane as much as possible.
If you are riding between sunset and sunrise, you must use a white headlight and a rear red reflector or light. You can only carry a passenger if your bicycle is equipped to do so, with an additional seat.
In Colorado, it is up to a bicyclist whether or not he or she wishes to wear a helmet. There is no universal law requiring helmet use. However, wearing one can decrease the risk of a serious head injury in an accident.
All cyclists in Colorado must obey all applicable traffic signs and laws, including red lights, stop signs, yield signs and speed limits. Failing to do so, resulting in a bicycle accident, could place liability on the bicyclist. If you believe a motor vehicle driver violated a traffic law or breached your rights as a cyclist and this caused your accident, you may be able to hold the driver liable instead.
If you believe that you contributed to your bicycle accident in Denver, do not assume that you are ineligible for a financial recovery. With assistance from a bicycle collision attorney, you may still be able to obtain financial compensation. Colorado uses a modified comparative negligence law, meaning that if a victim is partially at fault for a wreck, his or her compensatory award will be reduced by the percentage of fault.
In other words, you could still recover partial compensation even if you share fault for the accident with the driver. An attorney can help you combat the comparative negligence defense to preserve your right to recover as much as possible.
Part of the reason it is important to hire a personal injury attorney for a bicycle accident case is the severity of the injuries involved. You may need an attorney’s help negotiating with an insurance company for just financial compensation according to the magnitude of your injuries. Otherwise, the insurance company may try to take advantage of you. When a motor vehicle strikes a bicyclist or pedestrian, the victim can suffer severe injuries, such as:
Without the protection of a metal shell or even a helmet, in many cases, the injuries suffered in a bicycle accident are catastrophic for the cyclist. If you or a loved one has significant injuries from a bike accident in Denver, don’t hesitate to contact The Fang Law Firm for legal assistance. We can fight for the compensation that you deserve for your serious injuries.
According to the National Highway Traffic Safety Administration (NHTSA) statistics, 22 cyclists were killed in Colorado traffic crashes in 2018. Bicyclists accounted for 3.5% of all traffic fatalities. The NHTSA provides the following data and statistics regarding bicycle accidents in the U.S. in 2018:
These statistics showcase the serious problem that bicycle accidents pose on Colorado’s roads and highways. Keeping track of crash data from year to year can help government entities improve bicyclist safety.
As stated by NHTSA, 99% of bicycle fatalities in 2018 were caused by a collision with a single motor vehicle. Cyclists were struck by:
Based on the 2016 Bicycle Crash Analysis provided by the City and County of Denver, the most common driver factors contributing to bicycle accidents are failing to yield the right-of-way and careless driving. The bicyclist was traveling straight, and the driver was making a left or right-hand turn in the majority of crashes at intersections. In too many cases, the driver simply fails to register the bicycle in the roadway and turns directly into the bicyclist’s path.
If you get into a bicycle accident, remain calm and check yourself for injuries. If you notice any signs of a possible back injury, such as pain or tingling, try to restrict your movements until paramedics arrive. Otherwise, move out of the road and wait in a safe place. Call the police immediately to report the bike accident. While you wait, exchange information with the driver who hit you but do not admit fault or apologize. If you can, take photographs of the scene of the accident.
When the police arrive, tell your side of the story for the accident report. Write down your police report number. After you are cleared to leave, go to a hospital in Denver right away for medical care. Then, call the driver’s insurance company to file a claim. Before you settle your claim, however, consult with a bicycle accident attorney in Denver about your case. It may be worth more than what the insurance company is offering you.
At The Fang Law Firm in Denver, we have focused our practice exclusively on personal injury matters. Our experienced trial lawyers have the knowledge skills, and resources to effectively pursue compensation for damages for Colorado cyclists.
Call our law office as soon as possible to schedule a free case evaluation with a Denver bike accident lawyer if you have sustained a personal injury in a cycling accident. Our lawyers are dedicated advocates for injured cyclists in Colorado.