Fort Collins Bicycle Accident Lawyers

What Are Some Causes of Bicycle Accidents?

In the most recent year that statistics are available, there were almost 140 bicycle accidents in Fort Collins alone. Several of those ended in incapacitation for the rider. Due to the unprotected nature of bikes, riders can be left incredibly injured after accidents. It’s important for all bike riders, casual or professional, to know what to watch out for while riding. 

Some of the most common causes of biking accidents include:

• Drivers not paying attention to the road around them
• Drivers failing to properly yield right of way to bicyclists
• Drivers taking unexpected or sudden turns while in front of bicyclists
• Drivers overtaking a bicyclist without providing enough distance between vehicles
• Drivers hitting bicyclists with their door
• Drivers rear ending a bicyclist

No matter what the cause of the accident, the driver will most likely not be harmed, whereas the bicyclist may be suffering from catastrophic injuries. That’s why it’s imperative that bike riders always pay close attention to the cars ahead, to the side of, and behind them. It can be difficult to remain safe on the road when biking, but car drivers are likely to not be attentive, as the risk to them is minimal.

To reduce the risk of accidents, Fort Collins city officials recommend that cyclists use marked bike lanes wherever possible and wear highly visible clothing to increase their visibility to drivers. Additionally, cyclists should equip their bikes with lights and reflectors for early morning or late evening rides. Local advocacy groups are actively working to educate both cyclists and drivers to enhance mutual road-sharing etiquette.

What Are Common Injuries Sustained by Bicyclists?

Bikes are light and unprotected. Cars are thousands of pounds, have seat belts, airbags, and a protective wall of metal. When the two meet, the bike will lose every time. That means that bicyclists will often be left in a severely injured state. Some of the more common injuries caused by bike accidents are:

• Traumatic brain injury
• Broken, fractured, or crushed bones
• Spinal injuries
• Amputation or loss of limb
• Skull fractures
• Compartment syndrome
• Road rash
• Lacerations
• Death

Any of these injuries could lead to a long hospital stay and a painful recovery period. Bikers should always wear safety equipment, such as helmets, and bring first aid kits with them so that they can treat minor wounds immediately. While these steps will not eliminate the chance of severe injury, they will lessen it.

Additionally, wearing padded clothing and using mirrors for better road awareness can improve safety. Local bike shops in Fort Collins offer safety gear consultations to help cyclists choose equipment that best suits their needs and conditions. Understanding the types of injuries also helps in mentally preparing for the challenges that one might face post-accident. Our lawyers at Tenge Law Firm LLC are equipped to discuss these challenges and guide you through recovery options.

Bicycle Operator Duties

Bicyclists on the roadway must comply with the same traffic laws applicable to motor vehicles. For example, bicyclists must operate their bicycles in the same direction as the traffic, stop at red lights and stop signs, and stop at crosswalks for pedestrians.

Bicyclists must also ride in designated bike lanes if one is available, wear helmets, use hand signals when slowing down and turning, and refrain from riding on highways and sidewalks.

Beyond these requirements, Fort Collins encourages cyclists to familiarize themselves with city-specific rules that might exist regarding shared pathways and combined pedestrian routes. Participating in local workshops or seminars hosted by biking associations in Fort Collins can also enhance one's understanding of these duties. Such proactive engagement not only boosts safety but also fosters a more harmonious relationship between all road users.

The Duty of Care Owed to Bicyclists

Motor vehicle drivers owe a duty of care to bicyclists and other motor vehicle drivers on Fort Collins roadways. Because bicycles are much smaller and lighter than cars and trucks, a collision involving a car or truck is likely to knock the bicyclist to the ground, causing serious injuries.

Motor vehicle drivers owe a duty of care to operate their vehicles in a reasonably careful, prudent, and safe manner at all times. This includes constantly watching out for pedestrians and slow-moving vehicles, including bicycles. When motor vehicle drivers violate this “reasonableness” standard of care and cause a bicycle accident, they can legally be held accountable for any injuries and damages that result.

Motor vehicle drivers may breach the “reasonableness” standard of care in many ways, including:

• Speeding or violating a traffic law or rule of the road.
• Encroaching on a designated bike lane.
• Distracted driving or simply not paying attention to others on the road.
• Texting or talking on the phone while driving.
• Operating a vehicle while intoxicated or under the influence of illegal drugs or alcohol.

If a bicyclist can prove that a motor vehicle driver deviated from the applicable standard of care, then he or she has met part of the legal burden of proof in a negligence action. In addition, the injured bicyclist must show injuries and damages sustained as a result of the accident.

A skilled accident attorney may use expert testimony to prove your injuries and the full extent of your losses in a bicycle accident case. For example, an expert can show that the injured bicyclist did not suffer from a particular condition or ailment before the bicycle accident, but experienced consistent and painful injury symptoms afterward. An expert can also help establish that an accident would not have occurred but for the negligent acts of the driver. An experienced accident attorney also knows when to bring in investigators to determine if a driver was texting, talking on the phone, was drinking alcohol, or otherwise impaired prior to the accident, in order to establish liability.

If your case involves complex accident details, Tenge Law Firm LLC will ensure our attorneys are equipped with all necessary resources to tackle these challenges effectively. We understand that the nuances of each case vary, and thus provide personalized attention to explore every potential avenue for securing your rightful compensation.

If you have suffered injuries because of a negligent driver, do not delay. The law sets strict time limits on the amount of time you have to bring a claim. Contact the Fort Collins bicycle accident lawyers at Tenge Law Firm LLC to assist you with recovering compensation from the driver who hit you for all your losses.

What Damages May Be Available in Bike Accident Cases?

There are many damages, or areas requiring compensation, that someone involved in a bike accident can file for when making a claim. In the state of Colorado, you can claim for economic damages, such as medical bills, lost wages, lost ability to work, and property damage. There is no cap on economic damages.

Non-economic damages, such as pain and suffering, loss of quality of life, and psychological trauma, can also be claimed. However, there is a cap of $250,000, unless there is clear evidence that more should be awarded, in which case the cap is $500,000. This can be difficult to prove, unfortunately.

The statute of limitations in Colorado for such incidents is 2 years. In the case that you are filing a claim against a city, county, or state, like if your injuries were caused by a city bus for example, then you only have 180 days before your time is up. It’s incredibly important to file a claim immediately. Don’t delay in contacting a highly skilled personal injury attorney. Two years can go by quickly when you’re dealing with the fallout of a severe injury.

Understanding the types of damages available can help victims prepare a more comprehensive claim. At Tenge Law Firm LLC, we strive to weave together a thorough representation by collaborating with financial experts who present a full picture of both immediate and future financial impacts of your injury. This allows us to pursue the maximum compensation available under Colorado law. By leveraging our sophisticated resources, we aim to provide clarity and peace of mind amid the complexity of legal proceedings.

Comparative Negligence Laws in Colorado

In Colorado, an injured bicyclist’s damages may be reduced if he or she caused or contributed to the accident. An injured bicyclist may contribute to an accident by riding outside of a designated bicycle lane (if one is available on that particular roadway) or by riding in an off-limits area, such as on a high-speed motorway, highway, or freeway.

Colorado law follows the doctrine of modified comparative fault, otherwise known as modified comparative negligence. Under this Colorado law, an injured bicyclist can recover damages in an accident case provided he or she is less than 50 percent at fault for the accident. If the injured bicyclist is more than 50 percent at fault, he or she may not recover damages.

If the injured bicyclist is less than 50 percent at fault, however, damages will simply be offset by the percentage he or she was at fault. For example, if the injured bicyclist was 20 percent at fault for the accident, and the driver was 80 percent at fault, then the injured cyclist can recover only 80 percent of the available damages. That means you may still be entitled to compensation under the law even if you were partly to blame for the accident—but you need an experienced attorney to assist in proving the degree of fault of the parties involved to best protect your rights and maximize your potential recovery.

It is crucial to engage with a legal representative knowledgeable about Colorado's comparative negligence laws, ensuring they carefully assess and attribute the correct levels of fault. Our firm, Tenge Law Firm LLC, will diligently review the circumstances surrounding your accident, providing guidance on how these laws apply to your specific case. This attention to detail can be the foundation of achieving a fair resolution and ensuring your story is comprehensively represented.

Frequently Asked Questions

How Soon Should I Contact a Lawyer After a Bicycle Accident?

It's important to contact a lawyer as soon as possible after a bicycle accident. Prompt legal consultation helps in preserving evidence and witness testimony, which can be crucial for your case. Colorado's statute of limitations requires that claims be filed within a specific timeframe, making early contact with a lawyer vital to ensuring your rights are protected. At Tenge Law Firm LLC, we are committed to acting swiftly to investigate your claim, advise on immediate steps to take, and navigate settlement negotiations or litigation efficiently.

What Should I Do if the Driver Who Hit Me Flees the Scene?

In circumstances where a driver flees the scene after hitting a cyclist, it's critical to try and recall key details such as the vehicle's make, model, and license plate if possible. Report the incident to local Fort Collins law enforcement immediately, as a police report can support your claim. Our attorneys at Tenge Law Firm LLC will guide you through options to seek compensation, even in the absence of the driver's information. Uninsured motorist coverage may be a viable path to obtaining the financial recovery you deserve.

How Can I Prove Fault in a Bicycle Accident Case?

Proving fault in a bicycle accident involves demonstrating that the driver breached their duty of care and that this breach directly caused your injuries. Evidence such as traffic camera footage, eyewitness accounts, police reports, and expert analysis all play a role in establishing fault. At Tenge Law Firm LLC, we undertake comprehensive investigative practices, engaging with skilled investigators to solidify your claim. Our strategic approach aims to clearly delineate liability, ensuring you are positioned strongly for pursuing settlement or trial.

What Strategies Do We Use to Maximize Compensation?

To maximize compensation in bicycle accident cases, we at Tenge Law Firm LLC employ various strategies. These include thorough case investigation, leveraging expert testimonies, and detailed negotiations with insurance companies. By constructing a robust evidentiary base, we aim to substantiate the full scope of your damages. We also focus on personalized client narratives during negotiations or in court to vividly present the impact of the accident on your life. This tailored advocacy is designed to garner the maximum settlement or award possible.

What Can I Expect During the Legal Process?

The legal process for a bicycle accident claim involves several stages, from initial consultation, investigation, settlement talks, to potentially going to trial. Initially, your lawyer will gather necessary documentation, such as medical records and accident reports, liaising with insurance companies to facilitate discussions. Throughout this process, Tenge Law Firm LLC provides candid guidance tailored to your situation, preparing clients for each phase with clear communication and support. Whether through settling or litigating, our dedication remains to secure the justice and compensation you are entitled to.

Let us fight for the best possible result in your case while you focus on recovering from your injuries. Contact us today at (970) 510-8077 for a free consultation with our bicycle accident lawyer in Fort Collins.