Boulder Bicycle Accident Attorney

Bicyclists have little protection in the event they collide with a vehicle or stationary object, often resulting in them suffering serious injuries in an instant. Traumatic brain injuries, spinal cord injuries, and broken bones can be expensive to treat, and bicycle accident victims deserve fair compensation to pay for their medical expenses and other losses when they were injured through no fault of their own.

A total of 20 bicycle fatalities occurred in Colorado in 2023. That may seem like a small number, but it’s a 30% increase over the number of bicyclists killed the year prior. Unfortunately, the roads get riskier for bicyclists each year as vehicles get larger, making it increasingly difficult for drivers to see riders. 

When a bicycle rider dies or is hurt in a crash, a driver who caused the accident can be held responsible for resulting damages. 

If you were injured in a bike accident caused by someone else’s negligence, a Boulder personal injury attorney at Daniels & Scriven, P.C. wants to demand the compensation you deserve. We represent accident victims just like you. It’s all we do. Contact us today to learn about your legal options during a free case review.

Why Should I Choose Daniels & Scriven, P.C. to Represent Me?

If you have been hurt in a bicycle crash, you can choose the lawyer you want to represent your legal interests. We believe Daniels & Scriven, P.C. is right for you because:

• We have extensive experience – Our personal injury attorneys have 50 years of combined legal experience advocating for the rights of personal injury victims. We can apply our knowledge to your case to determine all legal theories that are effectively designed to recover fair compensation for you.
• We care – Our law firm is focused on helping clients reclaim their lives after an injury that was not their fault. We visit with clients at home, in the hospital, or at other locations that are convenient for our clients, doing everything we can to make the legal process easier for you. We also help you find qualified healthcare providers to ensure your health is taken care of and relieve the stress of dealing with insurance companies.
• We are a full service firm – We can handle every aspect of your claim from start to finish. This includes helping you apply for disability benefits if returning to work is not an option.
• We are well respected – Our decades of legal experience working in the local legal community have garnered us a strong reputation as fierce advocates for our clients. Our many positive reviews show that we are a client-focused firm.
• We have a proven track record of success – Our personal injury attorneys have recovered millions of dollars on behalf of our clients.

Let us put our experience and knowledge to work for you. Contact us today for a free consultation.

Compensation for a Boulder Bicycle Accident Claim

Bike accident victims should be compensated for medical bills, lost wages, pain and suffering, emotional distress, and other financial and non-financial losses. Colo. Rev. Stat. § 13-21-102.5  imposes a cap on pain and suffering and other non-economic losses, the amount of which is adjusted each year to account for inflation. 

What Should I Do After a Bike Accident?

The steps you take after an accident can have a profound impact on your case. Some ways you can safeguard your health and your rights include:

• Call 911 – Call 911 to report the accident and request an ambulance. Answer the responding law enforcement officer’s questions factually. Do not say anything that implies you were responsible for the accident.
• Get the driver’s information – Ask for the driver’s name, contact information, and insurance information.
• Seek immediate medical attention – Accept the EMT’s recommendation to be checked out at the nearest emergency room so your injuries can be properly diagnosed and you can begin receiving medical treatment.
• Take pictures – If possible, take photos of the accident scene, or ask the law enforcement officer to do so if your phone is broken.
• Talk to witnesses – Ask witnesses to write down their names and contact information.
• Keep your bike – Even if your bike is beyond repair, keep it. It is valuable evidence in your case.
• Explore your insurance options – See if your auto insurance or health insurance can cover your accident-related expenses.

Finally, contact an experienced bicycle crash lawyer for legal guidance and assistance.

Common Types of Bicycle Accidents

Bicycle accidents can happen under various circumstances, each with its own associated causes and potential legal issues. Leading types of bike accidents include:

• Turning accidents – Many bicycle accidents occur when a bicyclist is turning, and an approaching motorist fails to yield to them or misjudges the space or distance to the bicyclist.
• Rear-end crashes – Rear-end accidents sometimes occur when motorists follow bicyclists too closely and ram into the back of them.
• Unsafe passing – Colorado law requires motorists to leave three feet of space between them and a bicyclist when completing a pass, but some violate it.
• Aggressive driving – Motorists sometimes get impatient around bicyclists. Some act out aggressively, increasing the likelihood of a crash.
• Dooring accidents – Dooring accidents occur when a person opens their door into the pathway of an oncoming bicyclist, often causing the bicyclist to be thrown off their bike.
• Road defects – Some bicycle accidents are not due to the acts of a negligent motorist but instead are due to dangerous conditions on the road, such as potholes, wet roads, or uneven concrete.
• Defective bike parts – Defective bicycle parts such as faulty brakes can cause a bike to fail during a critical moment.

An experienced bike accident lawyer can review your case and determine who is responsible for your injuries. Likewise, if you are involved in a car accident, contact a Boulder car accident lawyer today.

When Can You Make A Bicycle Accident Claim In Boulder?

Bicyclists can be hurt by drivers in many situations including as a result of:

• Dooring (opening their door in the path of a bicycle rider)
• Driving distracted
• Speeding
• Failure to yield

In any situation where a driver is at least 51% to blame, a bike accident victim can pursue a claim to hold them accountable. Colo. Rev Stat. § 13-21-111 establishes this 51% rule, which is called a comparative fault rule. 

Colo. Rev Stat. § 13-21-111 also specifies that damages will be reduced ” in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.” Essentially, this means if you were 30% responsible for the bike crash, your damage award would be reduced by 30%. 

You’ll need to make sure you pursue your bicycle accident claim within the statute of limitations for recovering for losses. That time limit is two years for most injury claims under Colo. Rev. Stat. § 13-80-102(1)  and three years for claims involving motor vehicles under Colo. Rev. Stat. § 13-80-101. 

How To Make A Boulder Bicycle Accident Claim 

When bicycles are harmed as a result of a dangerous driver, most often it is because the driver was unreasonably careless or negligent. 

There are specific requirements to make a negligence claim. You must “establish the existence of a legal duty, breach of the duty, causation, and damage,” as a case called Perreira v. State, 768 P.2d 1198 (1989) explains. 

To do this, you’ll need to show:

• The driver had an obligation to keep you and others safe on the road. 
• They failed in this duty, either by violating a road safety rule or behaving more negligently than a reasonable motorist would have
• You were harmed as a direct result and should be compensated for damages. 

A Boulder personal injury attorney will help you make a compelling case by presenting evidence such as police reports and witness statements from those who saw the bike crash happen.

Getting Help from a Boulder Bicycle Accident Attorney  

After a bicycle accident, you deserve to be represented by a knowledgeable legal advocate who will fight for your rights. At Daniels & Scriven, PC we have more than 40 years of experience offering compassionate, skilled representation to those who have been harmed. Contact us at (720) 863-6006 to schedule a free consultation with a Boulder bicycle accident attorney and find out more about how we can help you.