Recent campaigns to create a more eco-friendly America have pushed bicycles as a recommended mode of transportation. Bicycles are more economic because they don't require fuel, they are non-pollutants, and they help people stay physically fit. Because bicycles offer riders a lot of benefits, it's only logical to advocate for better bicyclist safety.
Are Colorado roads considered safe for bicycle riders? Unfortunately, the answer is no. Each year, bicycle riders still get into accidents with other vehicles, other bicycles, and pedestrians, causing injuries and property damage. While the Colorado Department of Transportation is doing its best to reduce the number of bicycle crashes through educational programs and local ordinances is important, it is equally vital to protect the rights of bicycle crash victims. If you are the victim of a bicycle accident, remember that an experienced bicycle accident lawyer can help you seek justice against the negligent parties.
Injuries in motor vehicle accidents are often caused by the strength of the impact. Because bicycles are lightweight and offer little protection for their riders, injuries sustained in bicycle accidents often range from minor to serious or even fatal.
Traumatic brain injuries - Damage to the head or skull often occurs in bicycle accidents because unlike cars, wherein the motorist is enclosed in a protected space, a bicyclist doesn't enjoy the same amount of protection. Upon impact, riders can get thrown off their bikes, and their heads can hit solid objects like another vehicle, the pavement, or even road barriers. The force of the impact can cause serious damage to the person's skull or brain.
Broken bones and fractures - These injuries are common in bicycle crashes, and fortunately, a lot of them aren't serious and life-threatening.. When another vehicle collides with a bicycle, the rider may fall or get thrown off, and the impact may cause their bones to break.
Neck and spinal cord injuries - Helmets can reduce the risk of head injuries in bicycle accidents. However, helmets cannot protect the rider's neck and back, which can also become seriously injured during the accident. The force of the impact can cause the head to snap in a certain direction, damaging the neck. If a rider falls back first and hits their back against a solid object, it may cause damage to the spinal column.
Cuts and bruises - Cuts and bruises are common minor accidents, usually involving bicycles and pedestrians. Usually, this happens when a bicycle rider loses their balance and falls on their bike in an effort to avoid another bicycle or pedestrian. They usually receive scrapes and bruises, which do not require medical treatment.
The bicycle versus motor vehicle lawsuit is the most common, as most bike accidents involve a bicycle and one or more motorists. Although in almost all bike accidents, the bicyclist often suffers more injuries compared to the other party, it doesn't mean that bicyclists are always the victims in a motor vehicle accident. While most personal injury lawsuits involving bicycles have the bicycle rider as a plaintiff, there are instances where the bicyclist is the guilty party.
Pedestrians are also known to file lawsuits against bicycle riders. Because bicycles are often told to keep right, they usually run close to the curb. Bicycle riders have been known to hit pedestrians while trying to navigate the roads.
Bicycle riders can also file a lawsuit against the manufacturer of the bicycle. If the bicycle manufacturing company is aware of a defect in one of its products and fails to notify its customers about the said defect, the company can be considered guilty of negligence. If a bicycle rider sustained injuries because of a poorly repaired bike, they may also sue the bicycle repair shop.
Riders can also sue the local government if the agency has failed to provide safe roadways for motorists. Certain government agencies are tasked to conduct routine maintenance on roads and crosswalks, and if bicycle crash data reflects that the biggest cause of bicycle accidents in the area is due to poor road conditions, the agency will be considered liable.
Lastly, residents or business owners may also be deemed responsible for bicycle accidents. Some business establishments go over their allowed commercial space and choose to put up signs and stalls on the crosswalk. This is not only inconvenient for pedestrians, but it can also cause accidents between pedestrians and bicycle riders.
It's natural to think that bicycle riders will always be the victim of a bike accident. However, this way of thinking is wrong, especially in the state of Colorado.
Colorado follows the Modified Comparative Negligence Statute, which states that the party at fault should pay for damages and injuries caused by the accident.. However, it also considers that all parties involved in the accident may have contributed to it, thereby assigning percentages to determine the gravity of their contribution.
Even if you're the victim of a bike crash, you are not exempted from liability, especially if you were also at fault. If you file a personal injury lawsuit against another party, the percentage of your contribution to the accident will be deducted from your total financial compensation. For example, if you won your personal injury lawsuit and you are eligible to receive $20,000 in damages, if the courts determined that you were 25% at fault, $5,000 will be deducted from your total compensation.
Moreover, if you were found to be at least 51% at fault, your personal injury claim will get dismissed. This is why personal injury lawsuits are complicated in Colorado.. Once you file an insurance claim against the other party, their insurance company will try its best to expose your faults in an effort to devalue your claim or have it dismissed. Because the other party's insurance company will do their best to try to attack you legally, hiring a personal injury lawyer can level the playing field and give you someone who will look out for your best interests.
In Colorado, all motorists must carry auto insurance while plying the roads. However, auto insurance only covers vehicles with 4 wheels or more, and motorcycle insurance only covers motorcycles. Bicycles are covered by homeowners' or renters' insurance. Keep in mind that any damages awarded to you will come out from the insurance policy of the at-fault party, and therefore, any compensation given to you will be within the limits of their insurance coverage.
Damages awarded to the plaintiff come in two forms: Economic damages and non-economic damages.
Economic damages refer to items that have a verifiable monetary value to them. These are items that can be calculated and quantified easily. Examples of economic damages include:
Non-economic damages refer to losses that cannot be quantified easily. Examples of non-economic losses include:
Bicycle accident victims go through a lot after an accident. Because cyclists often come out of accidents with severe injuries, they have to go through the long process of recovery, all the while worrying about the costs for their medical care and bike repairs. To add insult to injury, the negligent driver and their insurance company try to devalue the victim's claim by pinning the accident on them.
As a victim, you deserve to focus your energy on recovering from your injuries without having to worry about settlement negotiations and adequate compensation. Here at Firouzbakth Law, our bicycle accident attorneys make full use of their knowledge of the laws and statutes of Colorado to give clients fair and just compensation.
