Bicycle Accident Attorneys in Denver, CO, Providing Legal Assistance to Injured Cyclists

Denver is a wonderful city for cyclists. According to online rankings by real estate company Redfin, Denver was the fourth most bike-friendly city in the U.S. in 2018. It is estimated that about nine percent of downtown Denver commuters get around by bike. The bike lane network continues to expand each year to encourage more people to get outside and enjoy the benefits of cycling.fainted aching man after bicycle accident on the asphalt

Unfortunately, with the increased use of bicycles comes an increased risk of bicycle accidents. Accidents involving bicycles and cars can be particularly damaging to cyclists, as they have little protection from impacts from vehicles, the road, or other objects. Broken bones, scrapes, and head injuries are just a few of the potential damages. If you have been injured in a bicycle accident, having a Denver bicycle accident attorney on your side is crucial to protecting your rights and ensuring you get the full compensation you deserve. Contact Genco Injury Attorneys today for a free, no-obligation consultation and learn how we can assist you: 303-500-1376.

What Colorado laws apply to bicyclists?

Bicyclists have certain responsibilities when sharing the road with other vehicles. The laws are designed to protect both drivers and bicyclists from harmful accidents. Under Colorado law, bicyclists must use bike lanes or stay as far to the right as possible while riding if there are no designated lanes available. But as specified in the Bicycle Safety Act passed in 2009, they are not required to ride on the sidewalk or step over dangerous debris to move farther to the right. Drivers of motor vehicles must yield to bicyclists and treat them with the same respect and consideration they give other cars. They must give bicyclists at least three feet of distance when passing them. To stay safe, bicyclists should ride only two abreast if they do not impede the flow of traffic. Because bicycles are considered vehicles under Colorado law, they must follow many of the same traffic rules as cars. If a bicycle accident occurred when a cyclist was not following these rules, it may be more difficult to seek compensation because he or she will likely be found at least partially responsible for the accident. Under the laws, cyclists must:

  • Drive in the same direction as traffic.
  • Clearly signal your intentions before turning.
  • Equip your bikes with a white headlight and a red taillight or reflector to make them visible to traffic and pedestrians when riding at night or at dusk.
  • Follow all traffic signs and signals, including traffic lights, stop signs, and yield signs.
  • Obey speed limits.

Surprisingly, there are no laws in Colorado regarding helmet use. The decision to wear a helmet is up to the discretion of each cyclist. However, helmet use is highly recommended, especially for children, because helmets have been shown to provide significant protection to bicycle accident victims against traumatic brain injuries, facial damage, and other head injuries.

What causes bicycle accidents?

Often, cyclists end up sharing the roads directly with trucks, cars, and motorcycles because many areas do not have designated bike lanes that keep cyclists safe. This puts a significant burden of responsibility on both vehicle drivers and cyclists to stay alert and avoid accidents. Unfortunately, in accidents involving bicycles and larger vehicles, the cyclist usually ends up suffering the majority of the damage. Knowing how bicycle accidents happen can help keep everyone on the road safer by making them aware of the risks of more dangerous accidents. These risks include:

  • Failing to see cyclists: Drivers often fail to check for cyclists when making turns, which can lead to hitting a cyclist or having a cyclist crash into the side of their vehicle. To aid visibility, cyclists can wear brightly colored or reflective clothing.
  • Not looking before opening car doors: If a bicyclist stays as close to the right side of the road as possible to maintain distance from traffic, he or she can be hit and injured by people who open their car doors without checking first.
  • Distracted Driving: Drivers are less likely to notice bicyclists in all situations if they are texting, calling, changing the radio station, or otherwise distracted from their driving. This can lead to accidents of all kinds, not just those involving bicycles.
  • Following Bicycles Closely: Some people always seem to be in a hurry and may become frustrated or aggressive if they feel a bicycle is impeding their progress. These drivers may invade a cyclist’s space in an attempt to push them off the road, which can lead to falls and other serious accidents. Cyclists have the same rights as vehicles on the road, and drivers must give them at least three feet of distance at all times.
  • Driving a vehicle while fatigued or under the influence of drugs or alcohol: Any situation in which a driver’s reflexes may be slowed dramatically increases the risk to bicyclists and other drivers.

Who can be held liable for a bicycle accident?

Colorado is a modified comparative fault state when it comes to insurance. What does this mean for your Denver bicycle accident claim? Under modified comparative fault guidelines in Colorado, if a person injured in a single-vehicle bicycle accident is less than 50% responsible for the accident, they are eligible to receive some compensation for their damages. Compensation is reduced by the percentage of fault assigned. A higher percentage of fault means a lower award. But what actions make a driver liable for a bicycle accident? An injured person must prove three things in a lawsuit to show that another party acted negligently and should be held liable for damages:

  • The driver had a duty to the cyclist: Everyone on the road has a duty to drive safely and not endanger their fellow passengers.
  • The driver breached that duty: The driver acted negligently in his or her actions. This can include speeding, erratic driving, following too closely, or driving while distracted.
  • The driver’s breach of duty directly caused the accident and subsequent injuries: If the driver was driving poorly but did not cause harm to anyone, there is no valid claim. However, if the driver was exceeding the speed limit and hit a law-abiding bicyclist, who suffered a broken arm from the impact, then the driver will be held liable for that bicyclist’s injuries.

Bicycle accident attorneys prove liability through police accident reports, photos of the accident scene, expert opinions and reenactments, and witness statements. The negligent driver’s insurance company may try to place more blame on the injured cyclist to avoid paying compensation for their personal injury claim. For this reason, it is crucial to have experienced bicycle accident attorneys on your side to bolster your claim and fight the insurance company.

What kind of injuries can a bicycle accident cause?

Bicycle accidents can cause serious injuries to victims. The human body is not designed to withstand the force of an impact with a car, concrete, or pavement. The most common injuries in bicycle accident cases include:

  • Back and spinal cord injuries, which can lead to paralysis
  • Head and skull injuries
  • Cuts and bruises
  • Internal organ damage
  • Scrapes (the common name for lacerations to the extremities caused by sliding on pavement at high speed)
  • Fractures and broken bones
  • Soft tissue injuries
  • Strains and sprains
  • Traumatic brain injuries (TBI)
  • Fatal injuries

Head and brain injuries are much more likely in bicycle accidents for cyclists who do not wear helmets. Depending on their severity, these injuries can cause lifelong side effects, including mood and personality changes, seizures, memory problems, vision problems, speech difficulties, depression, and more. That is why many groups advocate for helmets to be worn whenever cyclists are out. Regardless of your personal choice to wear a helmet or not, you still deserve to be safe while riding. If a negligent driver caused you harm, Denver bicycle accident lawyers are ready to help you pursue compensation.

What compensation can you recover in a bicycle accident case?

If you are injured in a bicycle accident, it can be devastating. Because bicycles do not have the safety and security features that cars offer, even minor impacts with a vehicle can result in serious injuries. After the accident, you may find yourself unable to work and experiencing a financial crisis due to lost wages and high medical bills. Personal injury lawsuits are designed to hold those who caused your injuries accountable. The types of damages a bicycle accident attorney can pursue for you include:

  • Economic damages: These are awarded to replace financial losses that occurred as a result of your injury. These damages can cover medical expenses, lost wages, bicycle replacement or repair, and more.
  • Non-economic damages: These are non-monetary damages you experienced due to the injury. This category includes compensation for potential future medical expenses, pain and suffering, mental anguish, loss of a loved one, and other areas.
  • Punitive damages: This compensation is intended to punish the defendant and discourage others from repeating the action that caused the injury. These damages may be assessed if the defendant is found to have acted negligently or maliciously on purpose.

Why Consult a Denver Bicycle Accident Lawyer?

Bicycling is supposed to be a pleasurable activity. It’s a great way to get outside, see Denver, and enjoy the scenery. However, a bicycle accident can not only ruin your day, but it could affect the rest of your life. If you are hit by a motor vehicle, you could face months of painful recovery from your injuries, and that could prevent you from working, even as the medical bills continue to mount. At Genco Injury Attorneys , our experienced Denver bicycle accident attorneys will help you get the compensation you deserve for your damages. We will negotiate with the defendant’s insurance company on your behalf and fight to recover a fair and full settlement. Contact our law office today for a free consultation with one of our compassionate and knowledgeable bicycle accident attorneys: 303-500-1376.