A bicycle accident can change your life in seconds. Even when cyclists follow traffic laws and ride carefully, they remain extremely vulnerable to distracted, aggressive, or inattentive drivers. When a bicycle collides with a car, truck, SUV, or commercial vehicle, the cyclist almost always suffers the most serious injuries.
At Beem & Isley, P.C., our Denver bicycle accident attorneys help injured cyclists throughout Colorado pursue compensation after serious crashes. Whether you were hit in a bike lane, struck while crossing an intersection, injured on a downtown street, or involved in a bicycle accident near one of Denver’s major trails, our legal team is here to help.
Bicycle accident claims often involve severe injuries, expensive medical treatment, missed work, and disputes with insurance companies. Drivers frequently claim they “didn’t see” the cyclist or attempt to shift blame onto the rider. Our attorneys work to investigate the accident, preserve evidence, and hold negligent drivers accountable.
Common Causes of Bicycle Accidents in Denver
Denver has invested heavily in bicycle infrastructure in recent years, including expanded bike lanes, trail systems, and cyclist safety initiatives. Despite those improvements, bicycle accidents continue to happen throughout the city every year. Most bicycle accidents involving motor vehicles are caused by driver negligence.
Some of the most common causes of bicycle accidents include:
- Distracted driving
- Drivers failing to check blind spots
- Unsafe lane changes
- Opening car doors into bike lanes
- Failure to yield to cyclists
- Speeding
- Drunk or impaired driving
- Running stop signs or red lights
- Left-turn accidents
- Right-hook bicycle accidents
- Aggressive driving
- Following cyclists too closely
Many accidents also happen because drivers simply fail to notice cyclists sharing the road. This is especially common in busy downtown areas, intersections, parking lots, and high-traffic corridors throughout Denver.
The Dangers Of A Bicycle Crash
Cyclists have very little protection during a crash involving a motor vehicle. Even when riders wear helmets and protective equipment, the injuries can still be catastrophic. Many bicycle accident victims require emergency medical care, surgery, rehabilitation, and ongoing treatment after the crash. Some injuries can create permanent disabilities that affect a person’s ability to work or live independently.
Our Denver bicycle accident lawyers frequently help clients suffering from injuries such as:
- Brain injury
- Spinal cord injury
- Back injury
- Concussions
- Crushed limbs, hands or feet
- Road rash
- Dental injuries
- Facial injuries
Some injuries may not immediately appear after the crash. Symptoms involving head injuries, soft tissue injuries, and internal trauma can worsen over time, making prompt medical treatment extremely important.
Firm co-founder Clifford L. Beem has been taking personal injury cases to verdict in Colorado since 1968. Instead of trying to deal with the insurance company on your own, put our lawyers’ courtroom and negotiation skills to work for you.
Where Bicycle Accidents Commonly Happen in Denver
Looking at the statistics for bicycle accidents in Denver, the most recent hard data on collisions comes from a 2016 report. In that report, the intersection of Colfax and Broadway in Civic Center Park was a very active place. Since that time, Denver has made many investments in bicycle safety, creating more bike lanes and updating laws.
Still, accidents are a regular occurrence, and when it is a bicycle vs. motor vehicle accident, the injuries are extremely serious. So, the most common places in the city of Denver are those with significant car and bicycle traffic.
In addition to the Colfax and Broadway intersection, other high-risk areas include the downtown area, especially near the 16th Street Mall and around Union Station. These areas are bustling with activity, and the presence of buses, cars, pedestrians and cyclists significantly increases the likelihood of accidents.
Another common location for bicycle accidents in Denver is near major parks and recreational areas. Washington Park, Cheesman Park and City Park attract many cyclists, but the roads surrounding these parks can be dangerous, particularly during peak hours when traffic is dense. Additionally, intersections along major thoroughfares such as Speer Boulevard and Colorado Boulevard are known for higher accident rates due to the heavy flow of traffic.
Cyclists should also be cautious when riding along popular bike routes that intersect with busy streets. For example, the Cherry Creek Trail is a popular route for cyclists, but areas where the trail crosses major roads, like University Boulevard, can be dangerous. Even with designated bike paths, the risk of accidents remains, especially when drivers are not paying attention or when cyclists are not following traffic rules.
Since 2016, Denver has invested in improving bicycle safety. The city has expanded its network of bike lanes, including in downtown areas and introduced new laws designed to protect cyclists. These efforts have helped reduce the number of accidents in some areas. However, despite these improvements, accidents continue to occur, particularly in places where cars and bicycles share the road.
Cyclists and drivers should be aware of these high-risk areas and exercise extra caution when navigating them. Cyclists should always wear helmets, use proper hand signals and obey traffic laws to reduce the risk of accidents. On the other hand, drivers should be vigilant, especially when turning or changing lanes, and always give cyclists the right of way when appropriate. In the event of a bicycle accident, seeking the services of an experienced Denver bicycle accident lawyer can help you file a claim.
Colorado Bicycle Laws and Cyclist Rights
Under Colorado law, bicycles are generally treated similarly to motor vehicles. Cyclists are expected to obey traffic signals, stop signs, lane markings, and other traffic rules while riding on public roads.
Colorado bicycle laws also require cyclists to ride as close to the right-hand side of the roadway as reasonably possible under most circumstances. In many parts of Denver, cyclists are encouraged or required to use designated bike lanes when available.
Importantly, cyclists also have legal rights. Drivers must safely share the road and provide adequate space when passing bicycles. Motorists who fail to yield, drive distracted, or violate traffic laws may be held financially responsible when their negligence causes injuries.
Many injured cyclists are surprised to learn that insurance coverage often applies differently in bicycle accidents than in pedestrian accidents. Depending on the circumstances, multiple insurance policies may provide compensation after a crash.
How Is Liability Proven In A Bicycle Accident?
Bike accident liability is a matter of extreme importance when it comes to an injury claim. It will be the main argument between our attorneys and the opposing legal team for the insurance carrier. The major aspects of the argument, whether before a judge or mediator or simply in negotiation, will come down to evidence, such as:
- Video and pictures of the incident: While there is no guarantee that there will be active footage of every single accident, with the proliferation of smartphones, cameras are everywhere. Even incidental filming could shed light on the actions leading up to the accident. At the very least, people would document the outcome and aftermath. It may be a struggle to track down all the available footage of an incident, but securing that may prove valuable to your case.
- Physical evidence from the scene: Aside from documentation and video, looking at the damage to the motor vehicle, the bicycle and any surrounding structures can paint a picture. The physics of a crash can be discerned by looking closely at how the pieces and damage go together.
- Medical records: The history of injuries, from X-rays to MRIs to treatments performed, including surgery and physical therapy, will work with other pieces of information to create a more detailed picture of what happened.
- Vehicle history: Both sides will issue subpoenas for the maintenance history of the vehicles involved – not just the motor vehicle but also the bicycle. Any flaw in maintenance, from a missed braking pad to worn-out wheels, could contribute to an accident and complicate the fault judgment.
- Weather reports: Every factor is vital in determining fault. A rainy day doesn’t take away from a person’s contribution of fault, but it can complicate issues. Rain can contribute to slicker surfaces or decreased visibility. These matters make individual choices in an accident carry much more weight.
However, if the evidence falls, there is a strong chance that the liability and fault of your accident will not be straightforward. So, it is necessary to understand Colorado’s comparative negligence law.
Comparative Negligence In Colorado
Comparative negligence, sometimes called comparative fault or contributory negligence, is a legal practice where even parties who are partly at fault for an accident can recover some compensation. In Colorado, the threshold is 50%, meaning that if a party is considered more than 50% at fault for the accident, they cannot recover.
The comparative fault should be considered a positive piece of law. One of the primary arguments that insurance companies employ when fighting accident claims is the allegation of shared fault in the accident. Under Colorado law, sharing fault does not mean that you are totally ineligible for compensation. The court will reduce the amount of your settlement by a proportion related to your accident, so if you are found to be 30% at fault, your award receives a 30% reduction.
What Damages Can You Sue For?
In a bicycle accident, you’ll have a significant financial burden on you during your recovery. A bike vs. car accident is going to come with some extremely serious injuries, and those will lead to large medical bills and almost certainly missed time at work. Few people can manage the financial strain of this kind of recovery.
The financial strains you need help with are called “economic damages,” and they include:
- Hospital bills: From the ambulance to the emergency room to the recovery room, hospital bills are notoriously steep, and the charges can easily bankrupt you. You need the treatment, and you will need help with the bills.
- Transportation costs: The most common forms of injury in a bicycle accident include broken bones, traumatic brain injuries and spinal cord injuries. These greatly decrease your mobility and mean you need to find specialized medical transport or purchase special equipment.
- Long-term recovery: Rehabilitation and long-term care are vital for you to get back to living your life. You could need significant physical and occupational therapy. In some cases, you may need full-time medical care.
- Loss of earnings: If your injuries are significant enough, you may lose your ability to work as you once did. Your lifestyle and earnings could be irrevocably changed.
These economic damages are discovered and calculated by looking at hard numbers and estimates. There is math to it.
However, your pain can exceed what the economics of your suffering may show, and that’s the other side of the damages calculation.
Noneconomic Damages
The post-traumatic stress, the loss of confidence, the pain, the suffering and all of the challenges you now face are compensable. These damages are much harder to quantify, but you can still pursue them as part of your claim. Proving the depth of these damages may be a major challenge, but it will be worth it.
However, there is a cap on noneconomic damages of just under $730,000.
“More Likely Than Not”
The evidentiary standard that your claim will face is not the highest standard. It simply requires that your evidence show that your side of the story is “more likely than not.” This makes proving your side easier; however, it also means that the insurance company has an easier time proving their side.
It comes down to the ability to effectively argue your claim, which is where you need to rely on our respected skills as bicycle accident attorneys. Our capabilities and strength mean we can continue the fight for as long as necessary to help you secure the compensation you need for the damages you’ve suffered.
How Long Do You Have To File A Claim?
Typically, in Colorado, the statute of limitations for a personal injury claim is three years from the date of the injury. If you do not file a claim within that time, you will be barred from recovering compensation for that incident.
Time Moves Faster Than You Expect
Three years seems like a lot of time to file a claim. Even then, the stress of going to the hospital, finding help and then healing can distract a person from filing a lawsuit. Even more, the individual may not realize that they even need to file a lawsuit, as their personal insurance initially covers treatment.
Speaking with our team after an accident is one way to ensure that your injury case and ability to recover compensation are not lost.
Exceptions To The Three-Year Rule
There is an exception known as the “discovery of harm” rule. This states that if you had no knowledge of your injury or had not realized that it was caused by the accident you were in. Here are examples of both types of exceptions:
- An injury you did not realize could be an undetected brain injury that becomes more debilitating as time goes on. Brain injuries are subtle and go without notice for some time.
- An injury that you didn’t realize was caused by the car accident could start as minor ankle pain some weeks later. This could then worsen into full arthritis. What would have happened is that you didn’t know that you’d sprained your ankle in the accident and continued to use it, worsening the injury. It could take years to realize that the initial damage to your ankle was the result of the accident.
It is especially common for both factors to be true at once when pursuing an exception to the three-year statute of limitations.
Contact Our Trusted Bike Accident Attorneys In Denver
You have limited time to file a claim for personal injury. Please contact Beem & Isley, P.C., as soon as possible after a bicycle accident. You can reach our downtown Denver office at (303) 894-8100 or via email. The initial consultation is free. Evening and weekend appointments are available.
Frequently Asked Questions About Bicycle Accidents in Denver
What should I do after a bicycle accident in Denver?
Seek medical attention immediately, report the accident to police, document the scene if possible, and avoid speaking extensively with insurance adjusters before consulting an attorney.
Can I recover compensation if I was partly at fault?
Possibly. Colorado’s comparative negligence laws may still allow recovery if you were less than 50% responsible for the accident.
What if a driver says they did not see me?
Drivers still have a duty to pay attention and safely share the road with cyclists. Failure to notice a cyclist does not automatically excuse negligence.
Are bicycle accidents covered by insurance?
Yes. Depending on the accident, coverage may come from auto insurance, uninsured motorist coverage, or other policies.
Do I need a lawyer for a bicycle accident claim?
Serious bicycle accident claims often involve significant injuries and insurance disputes. An attorney can help investigate the crash, preserve evidence, and pursue compensation on your behalf.
