Fort Collins Bicycle Accident Lawyers

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:

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 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 the 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.

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.