Member of the Colorado Bar Association since 2014. Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in Colorado car accidents, other auto accidents, and Colorado personal injury incidents.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Springs Law Group and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Colorado personal injury lawyer, Christopher Nicolaysen, you can do so here.
Springs Law Group does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
Injured after being hit while cycling?
You may have questions about filing a personal injury lawsuit if you’ve suffered an injury following a car accident in Colorado Springs while riding your bike.
Bicycle accident injuries are often severe since a bike is no match for a 3,000-pound vehicle.
You’ve probably suffered immense pain and lost wages due to the injury.
To top it all off, you’ve likely been left to sort through a mountain of medical bills.
If you need legal guidance, a Colorado Springs bicycle accident lawyer can explain your options as a bicyclist injured by a negligent driver.
With a skilled personal injury attorney on your side, any concerns about your future medical expenses, protecting your legal rights, and getting maximum compensation can be addressed.
Every bike rider has the right to safe cycling conditions on any public road, bike lane, or street.
Regardless of the presence of bike lanes or lack thereof, all motorists must treat cyclists the same way they would treat drivers of motor vehicles or motorcycles.
This includes yielding the right of way when appropriate, not tailgating riders on their bike, and following all posted speed limits to reduce the risk of an accident.
The core of most bicycle accident claims is proving that a defendant’s failure to uphold any of these obligations led to the accident in question.
However, bike riders have similar obligations to follow the rules of the road.
Colorado state law requires bicyclists to travel with the flow of traffic, signal all turns, and take all appropriate action to prevent accidents.
Colorado courts use the modified comparative negligence model to evaluate the actions of all people involved in an accident.
This model is used to establish liability in traffic collisions.
If the court determines that a cyclist is 50% or more to blame for their accident, that court may deny any request for compensation from the injured party under Colorado Revised Statute §13-21-111.
However, if the injured bicyclist is less than 50% at-fault, they may be compensated, but only according to the percentage of fault the driver shared.
For example, if the court awards a $50,000 accident settlement, but the cyclist was found to be 10% at fault, they may only receive $45,000 of that settlement.
Colorado Springs bicycle accident attorneys can evaluate an injured bicyclist’s claim to identify if the court may find the cyclist has partial fault for their injuries and how this may impact their total compensation.
If you have been hit by a car while riding a bicycle, demonstrating that a defendant is responsible for your injuries is only one part of a successful bicycle accident claim in Colorado Springs.
Plaintiffs in these cases must also evaluate the full impact of the incident on their life and demand proper payments for their losses, typically with help from a legal representative.
Compensatory damages—often called “economic damages”—in a personal injury claim refer to the measurable financial losses that an injured party experiences after an accident.
They most often include medical bills resulting from the injuries and property damage resulting from the crash.
Some common examples of injuries that may give rise to a bicycle accident claim may include the following:
While bicycle crashes can inflict permanent and life-threatening harm, injuries with varying severity can justify a personal injury claim as long as the injured person seeks medical attention.
While the financial losses from medical treatment after an accident are usually the most apparent damages, many injury claims after a bicycle accident involve losses beyond physical injuries.
Some plaintiffs miss out on work because their injuries require bed rest for recovery, while other victims may experience serious injuries that result in permanent disability or extensive mental health treatment costs due to mental trauma.
That’s why non-economic damages awarded after a bike accident often include settlements for:
Physical injuries may cause significant pain and suffering, such as PTSD, flashbacks, or other losses in quality of life following a collision.
You deserve to be compensated for the ordeal you’ve experienced, and a bike accident lawyer in Colorado Springs can review your case to determine which recoverable damages you should pursue from the at-fault party.
It’s a virtual certainty that the at-fault driver’s insurance company will do everything possible to reduce the total settlement paid out to you.
They’ll try to get you to admit some of the fault by getting a recorded statement from you and getting you to say something incriminating to shift the blame.
For example, suppose an accident occurs in bad weather conditions.
In that case, the insurance company may argue that you, as a bicyclist, had a duty to avoid riding in bad weather or to take certain precautions and failed to do so.
They may also try to prove that there were defective bicycle parts involved in causing the crash.
In these situations, the at-fault driver may try to prove liability falls on you as the bicyclist for the crash, reducing your claim and overall compensation.
An experienced accident attorney will fight these defense strategies and investigate the accident entirely by:
When the defendant tries to put some of the fault on you as the injured cyclist, a skilled bicycle accident lawyer in Colorado Springs can help keep the blame where it belongs – on negligent drivers.
They can also do all the legal legwork for you, like filing your claim, negotiating with the insurance company, and going to trial for your accident case if necessary.
The days following a bicycle accident could leave you disoriented and in pain.
While your immediate concern should be to seek medical care for severe injuries, you should also look into finding a law firm that can provide legal assistance with filing a civil claim.
A Colorado Springs bicycle accident lawyer can help you work through your case and demand fair compensation from the negligent driver’s car insurance provider for your injuries.
Take a step towards protecting your future, and contact us today.
If your injuries following a bicycle accident are not life-threatening, be sure to follow these steps to ensure your insurance claim is solid:
After being hit by a motor vehicle while on your bike, the most important thing you can do is seek emergency medical treatment and continue your treatment until you’ve reached maximum medical improvement.
Bicycle accidents happen for all sorts of reasons, but some causes are more common than most:
For any Colorado personal injury claim—including bicycle accidents—an injured party has two years from the accident date to file an insurance claim or personal injury lawsuit.
This is called a “statute of limitations,” and no damages can be sought once the two years have expired.
Partner
Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in car accidents due to no fault of their own.
The personal injury matters include auto accidents, bicycle accidents, pedestrian accidents, and trucking accidents.
Chris truly enjoys helping clients through a difficult time and helping them get the compensation they deserve.
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I was uneasy about reaching out to a law firm after being in an accident that left me injured and my vehicle totaled. I don’t care for the idea of suing for what was very clearly an accident. However, after learning more about the overall process of working with a professional team to navigate the murky waters of the insurance world, I was pleasantly surprised to find that the experience wasn’t as gross as I’d originally felt about it.
Springs Law is very friendly and professional. I always felt that they were on my side and cared about my injury and what I was going through. I highly recommend them.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
I never have a problem with getting a response when I need them – which is not the case with most other firms. They really truly care about each client. As a plus, they always have positive attitudes, which matters tremendously when you are in a stressful legal situation.
Big thanks to Mr. Jake Kimbell and his team for their assistance with my case. He helped me through an incredibly challenging part of my life, and most importantly helped navigate through the convoluted legal channels of my case. I cannot thank him and his team enough for their support.
The entire team at Springs Law group has been nothing but amazing. Jake and the rest of the staff were great to work with and extremely professional. They were very attentive and answered any questions and concerns I had. I was always able to contact them and they were very responsive and communicated with me.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
