Colorado Bicycle Accident Attorney
What to do if you’ve been injured in a bicycle accident
- Call the Police/911 & Seek Medical Attention
After a bicycle crash, first get to safety and make sure there is no additional danger. Then call 911. Calling 911 will alert first responders to your location so that you can receive medical treatment. Let them know how the accident happened. It is also very important to seek medical attention after a bicycle accident to determine if you have been hurt. Adrenaline from a bicycle crash can hide injuries. It sometimes takes hours or even days before pain sets in and the full extent of your injuries is known.
- Document the Bicycle Accident
Immediately after a bicycle accident, if you are able, document and gather general accident information including the other driver’s license and insurance information and the police report number. Take pictures of your bicycle, any involved vehicles, and the accident scene. If your bicycle accident was caused by a defective or hazardous condition in the road, take pictures of it. If you were injured because of defective bicycle part, make sure to preserve the bicycle and part.
- Call Your Insurance Company
Once you are safe and have seen a medical provider, you should contact your insurance company to set up a claim. You might be covered under your uninsured or underinsured motorist car insurance policy. You will also most likely be contacted by the at-fault driver’s insurance company as well. Do not provide a statement or sign any authorizations to an at-fault party’s insurance company. Talk to a Denver bicycle accident lawyer first.
- Call a Colorado Bike Accident Lawyer
As soon as you are able, contact a Colorado bicycle accident attorney. Valuable evidence can be lost or destroyed if you don’t act quickly. In some cases, experts will be needed to investigate the crash, the road, or the defective bicycle. An attorney will help guide you through this process and make sure important evidence is preserved and your rights are protected.
Work with a Colorado accident lawyer you can trust.
Eisenstein Law is devoted to our bicycle accident clients. We will make sure your rights are protected every step of the way. Our lawyers will guide your through medical issues and the insurance claims process. If settlement is not possible, we are ready to take your bike crash case to trial. Don’t settle for less, contact one of the best Denver bicycle accident lawyers today.
Frequently asked bicycle accident questions
How common are bicycle accidents?
In 2019, there were 843 bicyclists killed in motor vehicle crashes according to the Insurance Institute for Highway Safety. The numbers for Colorado bicycle crashes are slightly higher than most of the United States. Many more people are injured every year in bicycle accidents.
Do I have to wear a bicycle helmet in Colorado?
No. There is currently no requirement that you wear a helmet while riding a bicycle in the state of Colorado. However, if a bicyclist is injured while not wearing a helmet and has a resulting head or brain injury, jurors may attribute some fault to the bicyclist. You should always wear a helmet when riding a bicycle.
My bike accident was caused by a road condition. Do I have a case
You might still have a case, but it will depend on many factors such as whether the city or state had notice or should have known of the potentially dangerous condition. A bicycle accident attorney can help determine whether there is a case or not. Make sure to take pictures of the defective condition that caused your crash. This will help your lawyer with your case.
I was injured because of a defect in my bicycle. Do I have a case?
Yes. If you were injured because of a defective product or a defective component on your bicycle, you might have a products liability case against the manufacturer. This could be from a defective frame, an improper set up, or a bad welding job or metal failure. If you suspect a defective component or product caused you bicycle accident, it is very important to preserve the bicycle and all the parts. These will be important evidence in your legal case and you attorney will want to have the appropriate experts examine them without any alteration to their condition.
Do I have a bicycle accident case if I was partially at fault?
Maybe. You might still have a case even if you were partially at fault. Colorado applies pro-rata, or comparative fault, when more than one person is responsible for a bicycle accident. A jury can assign a percentage of total fault to different parties, with the total equaling 100%. In Colorado, if you are 50% or more at-fault, you will not be able to recover for your injuries. E.g., say you were involved in a bicycle accident where you had $100,000.00 in medical expenses and a jury determined that you were 30% at-fault while another driver was 70% at-fault. In this scenario you would be able to recover $70,000.00 from the negligent driver. However, if the jury decided you and the other driver were both equally 50% at-fault, you would not be able to recover anything.
Is there a statute of limitations for bicycle injuries in Colorado?
Yes. Your bicycle accident claim is subject to one or more statutes of limitation depending on the theory of the case. If you were injured because of a defective condition in the roadway, your case could be subject to a two-year statute of limitations. However, if the case involves a governmental entity, proper notice has to be sent promptly within 182 days. If you were injured by an at-fault driver, then your claims will probably be subject to a three-year statute of limitations. A Colorado bicycle accident attorney can help you determine what statute of limitations applies to your case.
Should I talk to the insurance adjuster before an attorney?
You should not talk to an insurance company or sign any documents after being injured in a bicycle accident before you talk to a Denver bicycle accident attorney. From sending low settlement checks to demanding blanket authorizations for all of your protected medical records, the insurance companies know what they are doing. Insurance companies try to minimize the amount of money they have to pay you for the actions of their insured driver who caused you injuries. Make sure you talk to a bicycle accident attorney before talking to the insurance company.
How can I recover damages for my bicycle accident injuries?
Many people who are injured in bicycle accidents or collisions suffer from serious physical injuries and financial burdens. If you were in a bicycle accident, protect your rights by calling one of the best Denver bicycle accident lawyers now. You may have a case for your damages. A lawyer will help determine who was at-fault for the bike crash and whether there is insurance available. There might be claims against an at-fault driver, against a bar or restaurant that serve the driver alcohol or even through your own uninsured/underinsured motorist coverage.
What is my Colorado bicycle accident case worth?
If you have been injured in a bicycle accident in Colorado you are generally entitled to three categories of damages or compensation. First, you are entitled to economic damages. This category includes your medical bills and expenses for your injuries that were caused by the bicycle accident. Second, you are entitled to non-economic losses such as physical and mental pain and suffering and loss of enjoyment of life. Third, you may recover for any physical impairment or disfigurement that was caused by the bicycle accident. A skilled lawyer can help make sure you recover the maximum allowed by the law. You are entitled to the amounts billed for your medical care, not the amounts that were paid. Your Colorado bicycle injury attorney can effectively frame arguments to help you maximize the arguments for non-economic damages and physical impairment.
Should I go to the doctors after a bicycle accident?
Yes. You should go to a doctor to make sure you haven’t been seriously hurt in a bicycle accident. Not seeking medical care, gaps in between treatments, or not following up with recommended care, when you claim you are still injured can be very damaging to your case. Defense attorneys will argue that if you were truly hurt, you would have continued to seek medical care. Always continue to treat if your doctors have recommended it. Make sure you tell your doctor the specifics of your pain and symptoms. You should talk about the location, the duration and frequency and what makes it better or worse. You should also be sure to discuss pain that you cannot see such as shooting, stabbing or burning pains, numbness, or tingling. Memory and thinking issues, irritability, and sleep disturbances should also be reported to your doctor. Often times, cognitive issues and minor brain injuries are overlooked by emergency room doctors and primary care physicians.
How can I avoid being involved in a bicycle accident?
There are two main types of bicycle crashes. The most common is a fall and the most serious is a collision with a car. The best way to minimize your risk is to be responsible and remember that Colorado requires bicyclists on the roadway to follow the same rules as motorists. Chose a safe route with bike lanes if possible. Wear reflective equipment and use a white front light and rear red light if riding at dusk or night.
Ride defensively and stay focused an alert. When you anticipate what care might do, you will be able to act more quickly to avoid a potential crash. Always drive with the flow of traffic and obey street signs, signals and road markings. Assume that other people won’t see you and plan accordingly. Just like driving a car, keep your eyes on the road. Don’t ride while distracted.
Don’t drink and ride. 26% of the bicyclists who died in 2017 had alcohol in their systems. Between 1982 – 2019, 21% of bicycle fatalities had BACs greater than 0.08 percent.
Wear a helmet. Out of the 843 bicycle fatalities in 2019, at least 62% were not wearing helmets.
How can a Colorado bicycle accident attorney help me?
Your bicycle accident lawyer will take steps to preserve important evidence that can help maximize your recovery and prove the elements of your case. Videos and incident reports can disappear, and witness information can be lost. A bike injury lawyer will send out a preservation letter to make sure the at-fault party preserves any important information. If they fail to do so, they may be subject to an adverse instruction if the slip and fall case goes to trial. They will also send any appropriate notices under the governmental immunity act.
The evolution of Colorado’s negligence principles can be a confusing web of case law that many attorneys and judges are unable to agree on. If you have been injured in a bicycle accident because of a negligent driver, a dangerous roadway, or a defective bicycle, contact a Colorado bicycle accident attorney today to protect your rights. Bicycle accidents are common and can cause serious injuries. In most cases, they could have been prevented with common sense and a little caution. We can reduce these types of injuries and make our communities safer by holding negligent parties accountable for their actions. Don’t settle for less, call Eisenstein Law today for a free bicycle accident case evaluation.