If you have suffered an injury following a bike accident, you may have questions about filing a civil lawsuit. A Colorado Springs bicycle accident lawyer could explain your legal options as a bicyclist injured by a negligent individual. Once hired, a skilled personal injury attorney could address any concerns you may have about your future medical care, the steps you can take to protect your legal rights, and the forms of compensation you may be able to pursue.
Every bike rider enjoys the right to safe cycling conditions while on public roads and streets. Regardless of the presence of bike lanes or any lack thereof, all motorists must treat cyclists in the same manner they would drivers of passenger vehicles or motorcycles. This includes yielding the right of way when appropriate, not tailgating riders on their bike, and following all applicable speed limits to reduce the risk of an accident.
The core of most bike wreck 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. State laws require bicyclists to travel with the flow of traffic, signal all turns, and take all appropriate action to prevent accidents.
Accordingly, courts evaluate the actions of all people involved in an accident to assign fault. If the court determines that a cyclist is 50 percent or more to blame for their accident, that court can deny any request for compensation from the injured party under Colorado Revised Statute §13-21-111. A Colorado Springs bicycle accident attorney could evaluate an injured bicyclist’s claim to identify if the court may find the cyclist partially at fault for their injuries and how this may impact their total compensation.
Demonstrating that a defendant is responsible for the plaintiff’s injuries is only one part of a successful bicycle accident claim. Plaintiffs in these cases must also take care to evaluate the full impact that the incident had on their life and demand proper payments for their losses, typically with help from a legal representative.
Physical injuries are usually the most obvious losses to evaluate. While bicycle accidents can inflict permanent and life-threating harm, injuries with varying degrees of severity can justify a claim for as long as the injured person seeks medical attention. Some common examples of injuries that may give rise to a bike wreck may include:
Many claims involve losses that go beyond physical injuries as well. Some plaintiffs miss out on work because their injuries require bed rest for recovery, while other victims may experience severe injuries that result in permanent disability. Lost income is another major source of compensation following bicycle accidents.
Finally, claims also may demand payments for mental health damages in certain circumstances. Physical injuries may cause significant pain and suffering, such as PTSD, flashbacks, or other losses in quality of life following a collision. A bike wreck lawyer in Colorado Springs could review a person’s case and determine which damages a plaintiff has the right to pursue.
If an accident occurs in poor weather conditions, the defense may argue that the bicyclist had a duty to avoid riding in bad weather or to take certain precautions, but that the claimant failed in both of these respects. In these situations, an at-fault party may claim that the cyclist was partially liable, reducing their claim and potential compensation.
In these poor weather cases, a skilled lawyer in Colorado Springs could investigate the bicycle accident by asking for a reconstruction of the crash to determine which party may be to blame. Further, an attorney may go to the scene of the accident to take photos and watch for issues that may have happened at the scene of the accident. Additionally, they can talk to witnesses and find out what happened that day.
The days following a bicycle accident could leave you scared and disoriented. While your immediate concern should be to seek medical care for your injuries, you should also look into finding legal assistance for help filing a civil claim.
A Colorado Springs bicycle accident lawyer could help you work through your case and demand fair compensation for your injuries from the negligent driver. Take a step towards protecting your future and contact an attorney today.
By: Joanna B
Title: Couldn't have asked for a better lawyer
Client Description: Jake was incredible- he helped me understand everything that was going on with my case and really was an advocate for me. He communicated with me continuously and would call me anytime I had a question or concern. He cares and goes above and beyond! I couldn't have asked for a better lawyer.
Rating: ★★★★★ 5 / 5 stars