Understanding Compensation for Bicycle Accident Injuries
Understanding how compensation works under Colorado law is important for anyone who has been injured while cycling.
As an attorney at the Law Offices of Malcolm B. Seawell, PC in Denver, Colorado, I have worked with many clients who have suffered injuries in bicycle accidents. These cases often involve serious harm, leaving individuals with mounting medical bills, lost wages, and emotional distress.
Liability in Bicycle Accidents
In Colorado, liability in a bicycle accident depends on who was at fault. Cyclists have the same rights and responsibilities as drivers, meaning that when an accident happens, I examine whether the motorist, the cyclist, or another party acted negligently.
Negligence is key in personal injury claims. If a driver ran a red light, failed to yield, or was distracted, that driver may be held responsible for the injuries sustained.
Colorado follows a modified comparative negligence rule, which means an injured cyclist can recover damages even if partially at fault. However, if the cyclist is found to be 50% or more at fault, compensation is barred.
If the cyclist is less than 50% at fault, the total award is reduced by their percentage of fault. This is an important consideration when pursuing a personal injury case.
Types of Compensation Available
When I handle a personal injury case for a bicycle accident victim, I seek full and fair compensation. Several types of damages may be available, including:
Medical expenses: This includes hospital bills, rehabilitation, medication, and any future medical costs related to the injury.
Lost wages: If injuries prevent a return to work, lost income can be recovered, as well as diminished future earning capacity.
Pain and suffering: The physical and emotional toll of an accident can be significant. Compensation takes into account the long-term impact on quality of life.
Property damage: If a bicycle or other personal property was damaged in the accident, those losses can be included in a claim.
Wrongful death damages: If a bicycle accident leads to a fatality, the victim’s family may pursue compensation for medical costs, funeral expenses, and loss of financial support.
Insurance and Bicycle Accident Claims
Colorado law requires drivers to carry liability insurance, which may cover a cyclist’s damages if the driver is at fault. If the driver is uninsured or underinsured, the cyclist may have coverage through their own auto insurance policy if they carry uninsured/underinsured motorist coverage.
Many cyclists are unaware that their own policies may help cover personal injury costs in these situations.
When working with insurance companies, I focus on securing a fair settlement. Insurers often try to minimize payouts, so having legal representation can make a difference in receiving adequate compensation.
Common Defenses Used by Insurance Companies
Insurance companies frequently argue that the cyclist was at fault, which can reduce or eliminate a settlement. Some of the common arguments I encounter include claims that the cyclist:
Was not following traffic laws
Was distracted or not paying attention
Was riding outside designated lanes or areas
Was wearing dark clothing, making them difficult to see
By gathering evidence such as traffic camera footage, witness statements, and medical records, I work to counter these claims and demonstrate the true circumstances of the accident.
Time Limits for Filing a Claim
Colorado law imposes a statute of limitations for personal injury claims. An injured cyclist typically has three years from the date of the accident to file a lawsuit. Waiting too long can jeopardize the ability to recover damages.
If the claim involves a government entity, such as a city bus or poorly maintained roadway, special rules apply, including shorter deadlines for filing notice of the claim.
What to Do After a Bicycle Accident
When I speak with clients after an accident, I advise them to take specific steps to strengthen their personal injury claim. Seeking medical attention should always be the first priority. Even if injuries seem minor, documentation from a healthcare provider can be critical in demonstrating the extent of harm suffered.
Reporting the accident to law enforcement is another important step. A police report provides an official record of the incident and may include details that help establish fault. If possible, taking photographs of the accident scene, vehicle damage, injuries, and road conditions can also support a case.
Speaking with witnesses and obtaining their contact information can be helpful. Witness statements may support a claim, particularly if liability is disputed. Finally, contacting an attorney as soon as possible allows for a timely investigation and preservation of evidence.
Bicycle Laws That Affect Personal Injury Claims
Colorado law includes several provisions that impact personal injury claims for cyclists. For example, cyclists have the right to use the road and must obey the same traffic signals and signs as motor vehicles. Additionally, motorists must allow at least three feet of space when passing a cyclist, and violating this rule can support a negligence claim.
Helmet use is not legally required for adult cyclists in Colorado. However, if a cyclist is not wearing a helmet at the time of an accident, insurance companies may argue that this contributed to the severity of injuries. While not a legal bar to recovery, this argument can impact the compensation awarded in a personal injury case.
Seeking Compensation Beyond Insurance
In some cases, insurance does not fully cover the costs of a serious bicycle accident injury. When that happens, I explore other potential sources of compensation. If a defective bicycle part contributed to the accident, a product liability claim against the manufacturer may be possible.
If hazardous road conditions played a role, a claim against a government entity responsible for road maintenance may be an option.
Psychological Impact of Bicycle Accidents
Beyond physical injuries, bicycle accidents can cause lasting emotional trauma. Many cyclists experience anxiety, depression, or post-traumatic stress disorder following an accident. Compensation for emotional distress is an important part of a personal injury claim, as it acknowledges the mental and emotional toll of an injury.
Witness Testimony in Strengthening a Claim
Witness testimony can be a key element in proving fault in a bicycle accident case. Statements from bystanders, other cyclists, or even nearby motorists can provide additional perspectives on how the accident occurred. Witnesses may corroborate claims about a driver’s reckless behavior or other contributing factors.
Importance of Medical Documentation
Consistent medical documentation strengthens a personal injury claim by demonstrating the severity of injuries and the necessity of treatment. Medical records, physician statements, and therapy reports help establish the long-term impact of an injury, which can affect the amount of compensation awarded.
Financial Burden of Long-Term Injuries
Bicycle accident injuries can lead to long-term medical treatment, rehabilitation, and ongoing healthcare expenses. Securing compensation is important to cover future costs that may arise from chronic pain, mobility issues, or permanent disabilities.
Road Conditions in Bicycle Accidents
Poor road conditions, such as potholes, uneven pavement, and lack of proper signage, can contribute to bicycle accidents. If hazardous roadways played a role in an accident, a claim may be filed against the entity responsible for maintaining safe streets.
Importance of Legal Representation
Handling a personal injury claim without legal representation can be challenging. Insurance companies often attempt to reduce payouts, and negotiating fair compensation requires legal knowledge and experience in Colorado personal injury law.
Community Advocacy for Safer Cycling
Beyond individual cases, addressing bicycle safety at a community level can help prevent future accidents. Advocacy for better bike lanes, increased signage, and public awareness campaigns can contribute to safer roadways for cyclists.
The First Steps
Are you ready to take the first steps? At the Law Offices of Malcolm B. Seawell, PC, I’m proud to serve Denver, Colorado, and throughout the Denver Metro area including Aurora, Golden, Lakewood, Arvada, Boulder, Brighton, Englewood, Castle Rock, Littleton, and Highlands Ranch. Give me a call today to take the first steps.