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Boulder Bicycle Accident Attorney

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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. 

A Boulder bicycle accident lawyer at Daniels & Scriven, PC can help those who have been harmed to pursue a claim to get the compensation they deserve. Give us a call at (720) 863-6006 to schedule a free consultation and find out more about how we can put our 40+ years of legal experience to work for you. 

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.

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. 

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 experiencing 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.