Can Attorney Help after a Bicycle Accident?

bicycle accident lawyer

Written by Jeremy D. Earle, JD

June 11, 2022

A wounded victim may be at a loss for what to do after a bicycle accident. After stabilizing your injuries, it is generally prudent to contact a bicycle accident lawyer who can assist you in the following ways:

Advise you on the viability of your claim

Not everyone who is harmed in a bicycle accident is eligible for compensation. For instance, if the accident was entirely the rider’s responsibility, the rider would have no one to hold responsible.

However, if the accident was partly caused by the negligence of another person or entity, you almost certainly have a legitimate claim. An attorney will listen to your version of events and may interview witnesses or conduct an investigation to see proof of carelessness.

Examine your legal alternatives.

Simply because another individual was at fault for your bicycle accident injuries does not mean you should rush to court and file a lawsuit. Rather than that, there may be other means of obtaining the compensation that does not entail litigation.

A knowledgeable personal injury attorney will understand how to bargain with insurance carriers to achieve a settlement that covers all of your damages.

This is often attainable in situations involving minor injuries; nevertheless, if your injuries and losses are substantial, the insurance company may refuse to make you a good settlement.

If negotiations with insurance companies fail, you may pursue a personal injury claim in civil court. However, filing a claim is not a guarantee that you will go to trial. Indeed, the vast majority of personal injury lawsuits are settled out of court, and bicycle accident cases are no exception.

Mediation and arbitration are examples of alternative dispute resolution (ADR) processes, and your attorney will advise you if they are appropriate in your circumstance. Additionally, you may attempt to negotiate a satisfactory settlement agreement up to the day of your trial.

Investigate your accident and gather evidence

If you decide to pursue legal action, you must demonstrate that the other person was irresponsible and contributed to your injury. Collecting this sort of evidence may be time-consuming and may include the following:

  • Interviewing witnesses and any parties involved
  • Obtaining any accessible video security footage of the event
  • Obtaining police reports
  • Amassing medical records
  • Conducting depositions and other procedures of legal discovery
  • Consultation with specialists in accident reconstruction

The process of obtaining evidence may be lengthy, and it is critical to have the support of an attorney who is familiar with pretrial processes’ standards and criteria.

Determine the case’s suitable value

You must mention the number of damages sought from the negligent party in your bicycle accident case. This implies that you must meticulously analyze all of your previous losses and possible future losses, such as lost earning capacity or the expense of future medical treatment.

Furthermore, wounded individuals may claim compensation for non-economic losses such as mental distress or bodily pain and suffering. A bicycle accident attorney will understand how to value such intangible damages to get the maximum compensation you deserve.

Advocate for you in court

If your case is one of a minority and you cannot achieve a satisfactory settlement agreement, you will be required to proceed to trial. Trials include a complex set of regulations and processes that must be followed precisely, or your case may be jeopardized. You must retain a lawyer with litigation expertise who knows how to properly show evidence of carelessness and convince a jury to accept your allegations.

Understanding Bicycle Accidents In Colorado

Cyclists have grown in popularity on Colorado’s highways. Cycling is an excellent way to get some exercise and take in the lovely Colorado Springs surroundings. According to Colorado law, a bicycle is considered a vehicle, and the rider is considered the driver. This implies the same laws bind them as other motorists.

Unfortunately, Colorado Springs’s roadways are not entirely built to protect bikes since they must share space with automobiles. As a result, the probability of bicycle accidents rises. The majority of bicycle accidents in Colorado are caused by inattentive driving.

A biker has little chance against a motorbike or car even with the finest safety equipment and expertise.

Cycling is a wonderful way to get some exercise, release endorphins, and escape traffic, particularly in Colorado. Colorado’s wonderful weather continues to draw an increasing number of bicyclists, with the number of cyclists increasing each year.

However, as the number of bicycle riders increases, the likelihood of an accident increases. This is probably why Colorado has the highest number of bicycle fatalities in the country, with a rate more than twice the national average. With these figures in mind, it’s easy to see why Colorado bike accidents are common and often result in significant injuries.

Suppose your last bike ride resulted in a collision with a bus, automobile, or truck. In that case, a bicycle accident attorney could assist you in securing compensation and putting you on the path to recovery.

Jeremy D. Earle, JD is an excellent personal injury and accident attorney. He assisted my family with our case and was always there to answer any queries or provide updates. We highly suggest him.

The Most Frequently Occurring Causes Of Bicycle Accidents In Colorado Springs

Injuries to the head and brain

Around 25% to 50% of bikers who are involved in an accident have a head injury. Whether you sustain a concussion, an intracranial hemorrhage, or a skull fracture, head and brain injuries may have long-term and devastating consequences or even result in death. This is why many individuals advise the use of a helmet while riding a bicycle.

Injuries to the neck and back

When thrown off a bike, the neck and back are particularly prone to damage. Spinal damage may result in persistent discomfort and a loss of motor abilities, interfering with your daily life. Additionally, spinal cord injuries, ruptured discs, whiplash, and other ailments may result in stress and financial hardship.

Injuries to the Face

Your face is in danger during a motorcycle accident, from contusions and facial fractures to tooth fractures. These injuries have the potential to result in permanent scarring and persistent nerve discomfort.

Injuries to the hip, leg, knee, and foot

When riding a bicycle, your hips, legs, knees, and feet are exposed. This raises the likelihood of harm in the event of a collision. These injuries, ranging from a hip fracture or torn ligament to a crushed ankle, might impair your mobility.

You may need pricey operations, rehabilitation, and physical therapy to regain your footing. This is why you should retain the services of our bicycle accident attorneys in Colorado Springs to assist you in filing a compensation claim.

Injuries to the skin and soft tissues

Skin, ligaments, tendons, and muscles are all affected by soft tissue injuries. Because your skin is your first line of protection, you may have scratches, cuts, and bruises after a bicycle accident. Lacerations, muscular sprains, and tendinitis are all examples of other soft tissue injuries.

Internal Wounds

These are internal organ damage or bleeding caused by piercing or blunt force trauma sustained in a bicycle accident. Because internal injuries are not often visible, you should seek medical attention immediately after an injury. Unjustified Death

Occasionally, bikers may sustain serious injuries that result in death after a bike collision. The family is distraught in this instance. Our Colorado Springs bicycle accident attorney knows the critical need of establishing liability to seek compensation for the wrongful death accident victim’s family. That is why we will fight tooth and nail to ensure your justice. Driver Inattention

Failure to obey traffic signs and restrictions might result in fatal accidents. There are several ways to be struck when riding a bike in Colorado Springs, from cars changing lanes without indicating to motorists forgetting to check their side mirrors. When this occurs, contact our legal office for the best possible compensation. Driving Aggressively

When motorists speed, they risk losing control and injuring other road users, such as cyclists. Cyclists may get life-threatening injuries as a result of the collision’s force.

Driving While Distracted

Drivers must pay more attention to the roadways to apparent spotless bicycles. Two seconds of attention is sufficient to result in an accident. They risk losing control of their vehicle and injuring cyclists when they text, chat on the phone, or glance at the GPS.

Driving While Intoxicated

On Colorado Springs’s roadways, alcohol and drug use are the top causes of deadly bicycle accidents. Motorists under the influence of alcohol or drugs have poor eyesight, which increases the risk of colliding with a bicycle.

Inadequate Road Engineering

Certain Colorado Springs streets were not designed with bikes in mind. This implies that roadways are widened, speed restrictions are increased, and insufficient bicycle lanes jeopardize cyclist safety. These inefficient road designs contribute to a significant number of bicycle crashes.

Defective bicycles

Bicycles equipped with defective brakes or chains may cause the rider to lose control and become a hazard to oncoming traffic. Additionally, the absence of signaling signals might confound motorists and result in accidents. As a rider, you should inspect a bicycle’s condition before purchasing and maintain it periodically.

Weather

Snow, rain, and fog all wreak havoc on the roads for cars and bikers alike. They impair road sight and control, resulting in serious crashes.

Unfortunately, the most prevalent kind of bike accident occurs when a cyclist collides with a car while the driver is between 20 and 24.

This number astounds many Colorado residents, who believe the older snowbird population is to blame for road-related incidents. However, drivers above the age of 75 are less likely to collide between vehicles and motorcycles.

While accidents can include an element of randomness, not all accidents are unintentional. The majority of serious bike crashes are caused by negligent or inattentive driving behavior. Among the most prevalent of these behaviors are the following:

  • Failure of motorists to give bikers the right-of-way
  • Distracted driving behaviors such as texting or making a phone call
  • Careless driving in general
  • Disregarding stop signs

The Most Frequently Occurring Types Of Bicycle Accidents In Colorado

Bicycle Collision on the Right

A right cross collision occurs when an automobile exits the driveway, roadway, or parking lot on the right side and collides with the bike. Frequently, the driver is held accountable for being inattentive or for failing to obey traffic signals and restrictions.

As a biker, you always have the right of way in these situations since vehicles must always double-check before pulling out. By increasing your visibility to cars, you may assist in preventing a right cross bike collision. This may include investing in a bike headlight and wearing bright clothing. Additionally, you can ride to the left of the lane.

Left Crossing Mishap

A left-turning vehicle fails to see or yield the right of way to a bicyclist crossing the road in this accident. Given that left turners are required to yield the right of way, the motorist is at fault when this type of collision occurs. Even if you have the right of way, you should always look both ways before crossing or using the middle lane at an intersection to avoid colliding with another vehicle.

Accidental Right Hook

As a cyclist, you may be involved in a right hook accident if you are riding on the right side of the road and a vehicle makes a right turn directly into you. This could be because the driver failed to notice you. You can avoid injury by always remaining visible to the driver or riding farther to the left.

Collisions at the Rear End

Rear-end collisions are common, owing to motorists’ inattention and the bicyclist’s low visibility. Occasionally, motorists will tail your bicycle and strike you from behind. These collisions pose a significant risk to cyclists. Always check your rear light before getting on the road.

Side Swipe Collisions

Side swiping occurs when a driver fails to give enough clearance to a bicyclist while passing. They may end up colliding with the bicycle as they pass it. Avoid moving to the left and getting in the way of traffic to avoid sideswipes.

Accidents Caused by Dooring

A door prize collision occurs when the driver or passenger of a parked vehicle exits the vehicle without first checking to ensure the area is clear of traffic. Cyclists may react with little to no time and collide, resulting in serious injury. If you want to reduce your chances of being involved in this type of accident, ride farther left and keep an eye out for passengers in their vehicles.

We Hold Negligent Drivers Accountable

Whether you ride a bike to work every day or only on weekends for recreation or exercise, you’re probably aware of the dangers associated with sharing the road with motor vehicles. Bike accidents happen in a fraction of a second but can have long-lasting consequences; a distracted, aggressive, or careless driver can completely upend your life with a single wrong move.

Bicycle accidents, according to the National Highway Traffic Safety Administration, are increasing. There were 6,538 bicycle accidents in Colorado alone in 2018. These collisions resulted in 108 fatalities and 1,175 injuries, with Colorado Springs Dade County bearing the brunt of the damage. For the first quarter of 2019, preliminary data indicated 1,605 bicycle accidents statewide, resulting in 30 fatalities and 1,188 injuries.

Who Is Responsible If You Are Involved In A Bicycle Accident?

Careless drivers

In Colorado Springs, not every street has a bike lane. This forces bicyclists to share the road with automobiles. Certain motorists are opposed to sharing roads with cyclists. Their careless actions, such as failing to yield, can result in serious accidents. Other irresponsible motorists may collide with you while riding in a bike lane. When one of these collisions occurs, you have the right to pursue compensation from the driver.

Manufacturer of bicycles

A bicycle that is poorly designed or has a defective component is not road-worthy and can cause accidents. If your accident was caused by a defective bike, you might seek compensation for your injuries from the manufacturer of the bike or component.

Colorado State

If the state’s actions endanger you, such as poor road design or inadequate signage, you can hold them liable for your injuries. Our Colorado Springs bike accident attorneys can assist you in bringing a claim against the government agency responsible for road maintenance and design.

Careless cyclist

Cyclists are subject to traffic signs and regulations. They, like motorists, must adhere to these rules. If you were not stopping at stop signs, riding on the wrong side of the street, or turning abruptly without signaling, the blame might shift to you as the cyclist.

As A Colorado Cyclist, You Should Be Aware Of Your Rights.

Bicyclists in Colorado have “all of the rights and responsibilities applicable to the driver of any other vehicle.” As is customary, there are exceptions, such as rules regarding riding with a small child and wearing a bicycle helmet if you are under the age of 16.

However, you are still generally entitled to your fair share of the road as a cyclist. As you are probably aware, cyclists are required to use the bike lane if their speed is slower than the average speed of traffic. If no such lane is available, you must ride to the right as far as possible.

However, as you might imagine or have already encountered, failure to yield right-of-way collisions can occur when distracted drivers make right turns across bike lanes and collide with cyclists who were following the law.

While most Colorado drivers do not consider bicycle lanes to be legitimate traffic lanes, Colorado law establishes that this type of negligence is not acceptable.

Contact A Bicycle Accident Attorney In Colorado Springs At Warrior Injury Law Today

If you have been injured in a bicycle accident, do not hesitate to contact Warrior Injury Law in Colorado Springs, to learn how our experienced bicycle accident attorneys can assist you. Call 719-300-1100 to schedule a no-obligation consultation today.

Free Consultation

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