Colorado Springs Bicycle Accident Lawyer

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Colorado Springs Bicycle Accident Lawyer

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.

Obligations of Bicyclists and Motorists

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.

What Is Modified Comparative Negligence?

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.

Recoverable Damages in Colorado Springs Bicycle Accidents

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.

What are Compensatory Damages?

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:

  • Broken bones
  • Severe cuts and scrapes
  • Traumatic brain injuries
  • Neck injuries
  • Road rash
  • Separated joints
  • Whiplash

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.

What Are Non-Economic Damages?

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:

  • Pain and suffering
  • Emotional distress
  • Depression
  • Current and future lost earnings
  • Reduced earning capabilities
  • Loss of enjoyment in life

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.

How a Colorado Springs Bicycle Accident Attorney Can Help

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:

  • Gathering evidence from the crash, like photos and police statements
  • Asking for a reconstruction of the crash to determine which party may be to blame.
  • Getting witness testimony and statements about the events of the crash

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.

Get in Touch With a Colorado Springs Bicycle Accident Attorney

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.

FAQ: Colorado Springs Bicycle Accidents

What do you do if someone hits your bike?

If your injuries following a bicycle accident are not life-threatening, be sure to follow these steps to ensure your insurance claim is solid:

  • Call the police to file an accident report
  • Take photos of the accident scene (damage to the driver’s vehicle, damage to your bicycle, and any other evidence like skid marks or debris)
  • Take photos of your injuries
  • Get the driver’s insurance information
  • Ask potential witnesses for statements and their contact information

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.

What are the leading causes of bicycle accidents in Colorado Springs?

Bicycle accidents happen for all sorts of reasons, but some causes are more common than most:

  • Distracted drivers or bicyclists
  • Impaired or drunk drivers or bicyclists
  • The driver doesn’t see a person on a bike before turning or changing lanes
  • The driver makes unsafe u-turns
  • The driver fails to yield the right-of-way to bicyclists
  • The driver in a parked car opens their door without checking for oncoming cyclists

How long after an accident can you claim compensation?

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.

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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.

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