Denver Bicycle Accident Attorneys

[2]  Col. Rev. Stat. § 13-210111(2).

[3]  Id.

[4]  Id.

[5]  Col. Rev. Stat. § 13-50.5-101 to § 13-50.5-106.

[6]  Col. Rev. Stat. § 13-80-107.

[7]  Palmer Park Gardens, Inc. v. Potter, 162 Colo. 178, 425 P.2d 268 (1967), Heckman v. Warren, 124 Colo. 497, 238 P.2d 854 (1951).

[8]  Thompson v. Tartler, 166 Colo. 247, 443 P.2d 365(1968).

[9]  Colorado Springs & Cripple Creek District Ry. V. Petit, 37 Colo. 326, 86 P.121 (1906).

[10]  Col. Rev. Stat. § 13-25-127.

[11]  Col. Rev. Stat. § 42-4-1412(1).

[12]  Col. Rev. Stat. § 42-4-204(1).

FAQs: Bike Accident Denver

Q: Does Colorado’s duty to report accidents when a person is injured include bicycle accidents?

A: Yes, each person involved with an accident in which a person is injured has a duty to report the accident to the police.[1]  This includes accidents where bicycles are involved.

Q: If I am partially at fault in my bicycle accident, may I still recover damages for my injuries?

A: There are many reasons why a cyclist may be partially at fault for an accident involving a motor vehicle.  For example, the cyclist could have been distracted, riding on the wrong side of the street, or not wearing a helmet.  However, this does not mean that they will not be able to recover for their damages.  Colorado employs comparative negligence, which will compare the plaintiff’s (injured person) fault with the defendant’s fault.[2]

If the plaintiff is less than 50% at fault, they may recover damages from the defendant in proportion to their fault.[3]  Therefore, if a plaintiff is 10% at fault, and they have $100,000 in damages, they may recover $90,000 in damages from the defendant.  However, if the plaintiff is more than 50% at fault they will be barred from recovery.[4]

Q: What if I was involved in a bicycle accident that was a hit and run and sustained injuries?

A: If you were involved in a hit and run where you sustained injuries it is very important for you contract medical assistance immediately.  Many accidents involving cyclists and other motor vehicles may cause traumatic injuries; it is imperative to get medical help as soon as possible.

After you have called for medical attention try and locate the license plate or make and model of the vehicle that hit you. The vehicle is probably gone by this time, so look to see if any witnesses were in the area and have the information. It is also important to contact the police.  They will create an accident report and will have better resources for you to try and locate the hit and run driver.

Unfortunately, in some situations the driver is never found.  If this is the case you will be able to receive compensation for your damages if you have uninsured/underinsured insurance.

Q: What if I was involved in an accident with more than one automobile and I think both drivers are at fault?

A: It is very common for cyclist to be involved in an accident where more than one automobile is involved.  Examples include a motorist opening a door into a bike lane causing the cyclist to have to swerve and be hit by another vehicle, distracted drivers texting or on the phone and causing a cyclist to swerve and get hit by another vehicle, or automobiles not looking before they back up into a bike lane and pushing the cyclist into another vehicle.

Because Colorado uses the comparative negligence doctrine, each person involved in the accident will be apportioned an amount of fault.  If the plaintiff (injured person) is less than 50% at fault they will be able to recover from the other people involved in the accident that were at fault.  The plaintiff may choose to recover damages from both (in proportion to their fault) or only one of the defendants.

However, Colorado has also adopted the Uniform Contribution Among Tortfeasors Act, which created a right for the defendant to collect contribution from other defendants if they are at fault.[5]  An example of this would be a plaintiff sustaining $100,000 in damages from two tortfeasors (people that have committed a wrongful act) that were equally at fault, but only going after one to pay for their damages.  The person that had to pay the full $100,000 may then collect a contribution from the other wrongdoer for half the expenses.

Q: Can I hire a bicycle expert for my trial?

A: Yes. There are physicists, engineers, and other specialists who dedicate their life’s work to recreating bicycle accident cases, designing bicycles, and determining whether or not a bicycle was improperly manufactured, maintained, or repaired. These experts may testify in a trial to the design aspects that could have caused the accident or other safety features of the bicycle.

Q: If I was hit while riding my bicycle and sustained injuries, how long do I have to file a lawsuit?

A: In Colorado, a person who has sustained personal injuries in a bicycle accident has three years from the accident to file a lawsuit. Col. Rev. Stat. 13-80-101(n).  If the person is a minor (under 18 years of age) they have three years after they turn 18 to file a lawsuit.[6]  If the lawsuit is being filed against the city or any of their employees it must be filed within two years of the date of the accident. Col. Rev. Stat. 13-80-102(1)(h).

Q: If I am injured in a bicycle accident what type of damages may I receive for my injuries?

A: The type of damages depends on the nature and extent of your injuries.  If you have a minor injury you may receive damages that cover your medical expenses or property damage.

However, if you have a major injury your damages may include everything from medical expenses,[7] lost wages,[8] pain and suffering,[9] and in some cases, punitive damages.[10]

It is best to consult a personal injury attorney so that they may be able to guide you through your unique situation and obtain the correct amount of damages so that will be able to move on with your life.

Q: Do cyclists have special duties and rights in Colorado?

A: In Colorado, bicycles have the same rights and duties as drivers of any other motor vehicle.[11]  This includes abiding by traffic laws, such as stopping at stop signs, yielding to pedestrians and having a heightened duty of care when pedestrians are in a crosswalk.

Q: In Colorado, does a motor vehicle have to give a cyclist a certain amount of space when they pass them?

A: Colorado Revised Statute § 42-4-1003 states:

“(1) The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction:

(b) The driver of a motor vehicle overtaking a bicyclist proceeding in the same direction shall allow the bicyclist at least a three-foot separation between the right side of the driver’s vehicle, including all mirrors or other projections, and the left side of the bicyclist at all times.

(2) Any person who violates any provision of this section commits a class A traffic infraction.”

Q: Are there any special laws I must follow when riding my bike at sunset or sunrise?

A: Colorado law requires that every vehicle (this include bicycles) that is on a highway within the state shall display lighted lamps and illuminating devices during sunset or sunrise when, due to insufficient light or unfavorable conditions, persons or vehicles are not clearing discernable from a distance of 1,000 feet.[12]

Q: What are the bicycle laws in Colorado?

A: There are several laws that are specifically for cyclists in Colorado.  The first is that every person riding a bicycle shall have all the rights and duties applicable to the driver of any other vehicle.  Col. Rev. Stat. § 42-4-1412(1).

Additionally, a bicycle shall be used to carry only the amount of people that it was designed or equipped to carry; Col. Rev. Stat. § 42-4-1412(3) and no person riding a bicycle will try to attach themselves to any motor vehicle upon a roadway. Col. Rev. Stat. § 42-4-1412(4).

If a person is riding a bicycle upon a roadway at less than the normal speed of traffic they shall ride in the right-hand lane; Col. Rev. Stat. § 42-4-1412(5)(a) and shall not ride more than two abreast except on paths or parts of roadways set aside for exclusive use for bicycles. Col. Rev. Stat. § 42-4-1412(6)(b).

Furthermore, every bicycle, ridden during sunset or sunrise, shall be equipped with a lamp on the front emitting a white light visible from a distance of at least five hundred feet to the front and a red reflector of a type approved by the department, which shall be visible for six hundred feet to the rear when directly in front of lower beams of head lamps on a motor vehicle. Col. Rev. Stat. § 42-4-221(3)-(4).

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