Bike Accidents Attorney in Denver, Colorado

Though there are far fewer bicycle accidents in Denver than car accidents, they are six times more likely to result in serious injury. This data, collected from the Denver Police Department, is an eye-opening reminder that bicyclists are often at greater risk when riding on our streets than people in cars.

If you or someone you love was the victim of a bicycle accident and you want to know more about your options for seeking compensation, call me at the Law Offices of Malcolm B. Seawell. Although my offices are in Denver, Colorado, I also proudly serve people throughout the Denver Metro area including Aurora, Golden, Lakewood, Arvada, Boulder, Brighton, Englewood, Castle Rock, Littleton, and Highlands Ranch.

What to Do After a Bicycle Accident

If you are a bicyclist and are hit by a car, it’s important to take the proper steps to ensure you are safe and taken care of and that you’ll be able to hold those who are at fault accountable.

The first thing you’ll do after a bicycle accident is to call 9-1-1 and ensure you and anyone else involved are getting immediate medical attention. Even if there were only minor injuries, you should still contact the police so they can create an official report. Next, you should exchange contact information with the driver as well as any other witnesses who may have seen the accident take place. If you do decide to file a personal injury claim later on, you’ll need as much evidence as possible and witness statements can be incredibly useful.

It can also be helpful to document the details of the accident as thoroughly as possible. This means taking photos and videos of the crash scene including damage to your bicycle, the car, and your body. It is also recommended that you write down or make an audio recording of everything you remember about the accident while the details are still fresh in your mind. Personal injury claims can take several months to process and memories tend to fade over time.

Many accident victims choose to hire a personal injury attorney to help them through insurance claims and settlements as well as any lawsuits that may be necessary.

Colorado Laws Affecting Bicycle Riders

Colorado, and specifically Denver, is home to many cyclists and because of this, the state has enacted several laws to protect bicycle riders in the state. However, in almost all cases, cyclists must follow the same rules of the road as cars do. This includes riding in the far right lane as close to the curb as possible, signaling turns or lane changes, yielding right of way to pedestrians, obeying traffic signals, and using other lanes for passing. Likewise, cars must treat cyclists on the road as equal users, meaning giving them plenty of room and allowing them to take a lane if there is no bike lane or if there’s not enough room for a bicycle to ride safely to the right of traffic. 

Filing a Claim

After an accident, you’ll first want to file a claim through the at-fault driver’s insurance provider. It’s important, however, to know about Colorado’s comparative fault rule. This principle states that fault can be shared among multiple parties after a crash, so if you’re trying to determine liability in a bicycle accident, you’ll first need to determine how much (if any) of the accident was your fault. If it’s determined that you held some amount of responsibility for the crash (such as forgetting to signal or not using proper lights), you’ll receive a lower percentage of compensation. For example, if you were found to be 20% responsible for the accident and the final compensation was $50,000, you would only receive $40,000 of that amount.

However, even if you file an insurance claim, this still may not be enough to cover all of your expenses, or you may be the family member of a victim who lost their life and you’re pursuing a wrongful death claim. In these cases, you have three years from the date of the accident to file a claim and it’s highly recommended that you consult with a bicycle accident attorney before doing so. An experienced lawyer can help you gather evidence and negotiate on your behalf to seek the compensation you and your family deserve.

The aftermath of a bicycle accident can be incredibly stressful as you try to navigate your physical recovery as well as deal with expenses related to the crash, including medical bills, lost wages, or pain and suffering. The good news is you don’t have to go through this alone. I am ready to stand by your side during this difficult time.