You had the right of way. You were in the bike lane, following every rule you were supposed to follow, and a driver hit you anyway. Now you’re dealing with pain, a damaged bike, and the frustrating reality that doing everything right still wasn’t enough to keep you safe.
Beem & Isley’s personal injury attorneys represent injured cyclists throughout Colorado, and we know how often bike lane accidents come down to a driver who simply didn’t look. Call us today at (303) 894-8100 to talk through what happened to you.
Under Colorado law, cyclists have the legal right to use the road, including designated bike lanes, and drivers have a corresponding duty to watch for and yield to cyclists appropriately.
Under Colorado’s bicycle laws, drivers are required to exercise caution around cyclists, and violating a cyclist’s right of way can constitute negligence if it results in a collision. Being in a bike lane does not eliminate risk entirely, but it does mean that a driver who strikes you there has likely failed in some legal duty owed to you.
Certain collision patterns show up repeatedly in bike lane accidents, and recognizing them can help clarify what actually happened in your specific case.
A right-hook collision occurs when a driver turns right directly in front of or into a cyclist traveling straight through an intersection, often because the driver failed to check the bike lane before turning. A left-cross collision happens when a driver turning left across traffic fails to see an oncoming cyclist and turns directly into their path. Both of these collision types typically stem from a driver’s failure to properly check for cyclists before making a turn.
Dooring occurs when a parked vehicle’s door opens directly into a cyclist’s path with little to no time to react, often because the driver or passenger failed to check for approaching cyclists before opening the door. Similarly, drivers merging into or across a bike lane without properly checking for cyclists can cause a serious collision, particularly when a driver assumes the lane is clear without actually looking.
Liability in a bike lane accident generally depends on the specific facts of the crash, but it commonly falls on the driver, if their negligence, such as failing to yield, an improper turn, or a distracted dooring incident, caused the collision. In some cases, liability may extend to a government entity, if poor bike lane design, inadequate signage, or a failure to maintain the roadway contributed to the accident. A thorough investigation into exactly what happened is essential to determining who bears responsibility.
Because cyclists have little protection compared to someone inside a vehicle, bike lane collisions often result in serious injuries, including:
If you are able to do so safely, move yourself and your bicycle out of traffic to avoid further danger while you assess the situation.
Seek medical attention immediately, even if your injuries seem minor at first, since some injuries, including concussions and soft tissue damage, are not always immediately apparent.
Take photographs of the accident scene, your bicycle, the vehicle involved, and any visible injuries. Get contact and insurance information from the driver, along with contact information from any witnesses, and request a copy of the official police accident report.
Colorado follows a modified comparative negligence rule, meaning an injured cyclist can still recover compensation even if they share some percentage of fault for the accident, as long as their fault does not exceed 50%. If you are found partially at fault, your total compensation is reduced by your percentage of responsibility. Depending on the facts of your case, you may be entitled to recover compensation for medical expenses, lost wages, pain and suffering, and property damage to your bicycle and gear.
A few common mistakes can weaken an otherwise strong bike lane accident claim, including admitting fault or apologizing at the scene, giving a recorded statement to an insurance company before speaking with an attorney, delaying medical treatment even when injuries seem minor, and failing to document the scene before leaving. Avoiding these missteps can help protect the strength of your claim from the very beginning.
An experienced personal injury attorney at Beem & Isley can help investigate the circumstances of your bicycle accident, gather and preserve important evidence, and identify which parties may be liable for your injuries. If the driver fled the scene, our team also handles hit and run accident claims and can help you understand your options even without immediate driver identification. Our experienced personal injury attorneys take the time to understand your specific situation and build a strategy tailored to your circumstances.
If you have been hit while riding in a bike lane, do not wait to get legal guidance. Contact Beem & Isley today for a consultation, and let us help you understand your rights and next steps.
