Bicycle Accident Attorney In Denver, Colorado

Though Denver is increasingly trying to improve street safety for bicycle riders, cyclists remain vulnerable to thoughtless and dangerous drivers. At Beem & Isley, P.C., our personal injury attorneys have significant experience helping victims of motor vehicle accidents, including bike accidents.

The Dangers Of A Bicycle Crash

When a car or truck hits someone riding a bike, usually the rider suffers the worst bodily harm. Our Denver bicycle accident attorneys are here to help you make sure you do not have to pay for financial damages because of a wreck that was not your fault.

Whether you have suffered a temporary injury or are facing a lifetime of physical disabilities, our team will make sure you get the funds you need to cover your medical bills, lost wages, pain and suffering, and reduced enjoyment of life.

Contact our bicycle accident lawyers in Denver if you have suffered any of the following serious injuries in a bicycle accident:

• Brain injury
• Spinal cord injury
• Back injury
• Crushed limbs, hands or feet
• Road rash

We will explain how personal injury law works and lay out your options in plain language. If you pursue a claim, you will have the advantage of a firm that regularly takes cases to court.

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 Are The Most Common Places For Bicycle Accidents 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

Under Colorado biking laws, bicycles must obey the same laws as motor vehicles, including traffic signs and signals. Bicycles must also hold to the right-hand side of the road as much as possible, and turn signals are necessary.

In Denver, there are additional rules, including requiring bicycles to ride in designated bike lanes where they are available and prohibiting them from sidewalks in many circumstances. Additionally, while people over 18 are not required to wear helmets, the state encourages their use and requires them for any rider under 18. Recent data suggests that current traffic patterns and laws have led to a significant reduction in bike accident fatalities.

One lesser-known fact that you should understand is that because the law treats bicycles as motor vehicles, they are entitled to insurance coverage as a motor vehicle in an accident. That coverage matters because, often, a pedestrian is classified as an injury or nonmotor vehicle.

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.

However, 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. However, 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.