Top Rated Bicycle Accident Attorneys
As the summer season in Colorado heats up, visitors and locals alike take to the road, albeit on their bikes. Although bicycles are not classified motor vehicles under Colorado law because of their “muscle- powered” propulsion, bikers typically have the same road rights as Colorado drivers.
Cyclists must, of course, follow all relevant Colorado traffic rules and regulations. Still, their alternatives may vary from those wounded in a standard car collision since cyclists are not obliged to have no-fault insurance. As a result, what are your compensation options if you are wounded in a Colorado motorcycle accident?
When bikes and cars crash, the injured party may pursue a variety of different types of compensation. Among the possible alternatives are the following:
Insurance Policy for Cyclists
Ontario’s insurance system is “no-fault,” which means that in the event of an accident, each injured person is initially covered by his or her insurance policy. Regardless of who caused the accident, no- fault compensation is available. Therefore, even if you caused the accident, you may be entitled to these kinds of payments.
In Ontario, you may seek no-fault compensation via your statutory accident benefits policy, which will assist with the cost of medical treatment, rehabilitation, and attendant care, as well as carer, non-earner, and income replacement benefits.
Your homeowner’s insurance coverage may cover the cost of the damage to your property. Given the high cost of many motorcycles in the hundreds or thousands of dollars range, it’s beneficial to be aware of other funding options that may cover such losses.
Insurance Coverage for Someone Else
If you do not have car insurance, you may be protected under the terms of another policy. Accident benefits include the insured, his or her spouse or dependents, and anybody else named as a driver or owner of the covered car in the policy.
Insurance for the At-Fault Driver
If none of those mentioned above choices apply to you, you may seek coverage via the at-fault driver’s insurance policy. The insurance provider may compensate you for your losses up to the policy limitations.
Fund for Car Accident Claims
When none of those above alternatives are available to the victim, the Car Accident Claims Fund may fill the gaps. For instance, the victim may sustain injuries as a result of a hit-and-run mishap. This fund ensures cars for property damage up to a maximum of $10,000 per claim.
Suit for Personal Injuries
If no insurance coverage is available or a claim is refused, the sufferer may be compensated via a personal injury lawsuit.
When pursuing compensation for a bike accident, you may seek the following categories of damages: • Current medical expenditures • Future care costs • Loss of amenities • Loss of pleasure of life • Loss of previous income • Loss of future earning potential • Loss of services.
Specific out-of-pocket expenditures not covered by insurance • Pain and suffering
The Insurance Act places significant constraints on the ability to seek such compensation. If the cyclist died as a consequence of the accident, his or her family might be eligible to seek the following sorts of compensation:
- Economic loss due to the loss of shared family income
- Funeral expenditures
- Economic loss due
- to the loss of services
- Suffering from a lack of leadership, care, and companionship
- Additional expenditures incurred as a result of the victim’s death
A knowledgeable personal injury attorney can explain the types of damages that may be available in your case.
Colorado Cyclists’ Road Rules
According to the Colorado Bicycle Association, riders must utilize the designated bicycle lane unless trying to escape danger or perform a required turn. Cyclists must also follow standard traffic laws, such as stopping at red lights and stop signs.
Additionally, a biker should be cautious not to abruptly exit the bicycle lane to make a turn if doing so will cut off an unwary car. However, when there is no designated bicycle lane, cars and riders must share the road.
Even if a cyclist is moving slower than the speed limit, she is not required to pull over or move over unless a bicycle lane is provided or the highway exceeds 14 feet. Cyclists must exercise caution, though, since many disgruntled or hostile cars may not share your enthusiasm for cycling even if you are defending your rights.
Colorado Cyclists and the No-Fault Law
Colorado is a “-fault” state, which means that Colorado drivers are required to carry at least $5,000 in medical payments coverage to cover medical bills resulting from car accidents.
This coverage is “primary” regardless of who is at fault for the accident, which is why it is referred to as “no-fault.” However, the no-fault statute does not apply to bike riders, which are not obliged to obtain personal injury insurance (and often do not).
This implies that if you are wounded in a non-car accident, such as riding over a concealed pothole on a public road, you must seek treatment via your medical insurance.
This may complicate future personal injury recoveries since some state-based insurance agencies, such as state Medicaid or Medicare, are entitled to payment from the profits of a personal injury lawsuit.
However, suppose you are involved in an accident with a car, such as a car or truck, regardless of who is at fault. In that case, the no-fault coverage of that driver will compensate you with some personal injury benefits.
If you feel a car was involved in a complicated bicycle accident, it is critical to consult a Colorado, personal injury attorney who is familiar with no-fault legislation.
Common Bicycle Accidents and Injuries in Colorado
As you can expect, bikers often experience superficial bruises, scratches, and mild musculoskeletal problems. On the other hand, Bicycle-related injuries are second only to horseback riding accidents in terms of severity. The most prevalent causes contributing to bicycle injuries include, but are not limited to:
- Age and gender;
- Time of day;
- Inadequate safety gear;
- Unsafe riding situations, especially uneven pavement;
- Tricks and competitive riding; and
Among the most serious injuries are traumatic brain injuries, which are more likely to occur in those who are not wearing a helmet but can also include the following:
- Face, eye, and dental injuries;
- Fractures and dislocations;
- Punctured lungs; and
Abdominal injuries such as bowel contusions and ruptures.
Because most cyclists do not wear substantial safety gear, and some do not even wear helmets, the severity of injury may be greater than that found among motorcycle riders who do use protective gear. Take the required safety measures for the sort of bike you’re riding and the location in which you’re riding.
Obtaining Compensation for Bicycle Accidents
Your bicycle injury remedies are comparable to those available for other types of personal injuries, including common-law negligence, strict responsibility, recklessness, and premises liability.
For instance, if you are wounded on public Colorado Springs property due to substandard road maintenance, you may have a claim against the town; nevertheless, your damages may be restricted by state and county immunity rules.
However, if you are sideswiped by a car in Colorado Springs, you may be entitled to compensation under the driver’s no-fault policy. You may also pursue the driver for the value of the car’s auto insurance policy.
The problem in recovering is if you were hurt due to another’s carelessness, but neither the individual nor the property owner has insurance coverage. In such instances, you may be confined to seeking compensation directly from the person, who is unlikely to have the financial means to fund significant medical bills. Additionally, suppose you are mountain biking on a tough path, racing, or
doing bicycle feats. In that case, you may be liable for contributory negligence under the law of the acceptance of risk since you would have been aware of the dangers.
Contact a Bicycle Accident Attorney in Colorado Springs Today
Even if you are unsure if you have a claim for compensation under Colorado law, it is still important to speak with a Colorado, personal injury attorney about your alternatives. Often, many parties, such as the property owner, a careless driver, or another person who distracted the driver at the time of the accident, may be liable for your injuries.
If you or a loved one has been hurt in a bicycle accident due to another’s carelessness, such as car negligence or a failure to maintain safe premises, the Warrior Bicycle Accident Lawyers can assist you.
They have the best personal injury attorneys in the wider Colorado Springs region, and they are here to fight for your right to compensation, even more so when you were legally allowed to share the road. Contact them online or by phone at 719-300-1100 to schedule a no-obligation consultation.
Common Damages in a Bike Accident Claim
Bicyclists Can Be Reimbursed for Damages in an Accident
Bicycle accidents in Colorado Springs may result in life-threatening injuries requiring extensive medical care, physical rehabilitation, and time away from work. Suppose you have been injured in a motorcycle accident.
In that case, you may be entitled to financial compensation for medical expenses and missed income and your pain and suffering, inconvenience, mental distress, and diminished quality of life.
After suffering catastrophic injuries in a motorcycle accident, your first focus should be receiving medical care and physically healing. Allow the experienced Colorado Springs bike accident attorneys at Warrior Injury Law, to handle the legal aspects of your case while you concentrate on your rehabilitation.
Our knowledgeable team of lawyers may be able to negotiate a settlement on your behalf with the at-fault party’s insurance carrier. If the insurance company refuses to make you a satisfactory settlement, our lawyers can fight your case and argue for you in a trial.
Medical expenses are one sort of economic loss. This is because they may be quantified in terms of dollars and cents by examining the wounded party’s medical expenditures.
A victim of a Colorado Springs bicycle accident may be entitled to monetary compensation for the expenses of any medical appointments, physical therapy, and medical treatments directly linked to the bicycle accident and the injuries experienced in it.
This is true even if the bike accident victim’s health insurance covered part or all of their medical care and expenditures.
Economic losses, like medical damages, include lost earnings. Bike accident victims may be entitled to collect lost wages for the period they were unable to work due to their accident. This does not cover time away from work for medical visits or physical therapy sessions.
Normally, to calculate lost pay damages, you would multiply the employee’s hourly salary by the number of hours or days absent from work. When workers are independent contractors rather than employees, calculating missed wages may become more challenging.
An economist may design a method for assessing the bike accident victim’s lost pay in this scenario. They would examine the plaintiff’s employment history and anticipate their missed work based on annual wage data, hours worked, and previous job frequency.
Damages Caused by Pain and Suffering
Injury caused by a motorcycle accident may be severe and debilitating. Accident victims often need to endure significant medical procedures, treatments, and physical rehabilitation. The psychological distress associated with physical harm is compensable in the form of monetary damages.
In contrast to medical expenditures and lost earnings, pain and suffering losses cannot be quantified precisely. Several considerations that may affect compensation for pain and suffering include the following: • Whether your injuries and symptoms are permanent, and if they are, how long they are projected to last.
- The duration of your healing period.
- Whether your problems or symptoms are treatable, and if they are, how and when.
- The extent to which medicine alleviates or eliminates your symptoms.
- If you need any more medical treatments – including surgery – in the future.
- Whether you can resume your pre-accident lifestyle and quality of life.
- Your ability to engage in the same personal and professional activities that you did before the accident.
- Your life expectancy and the estimated duration of your symptoms.
How to Establish Pain and Suffering Damages in Motorcycle Accident Cases
Because there is no foolproof procedure for assessing pain and suffering damages, determining the amount in bike accident instances may often be challenging. In rare cases, your attorney may assess the need for a medical expert.
An expert medical professional may be able to testify to the projected duration of your symptoms and whether or not you will need further medical treatments. Finally, an experienced medical specialist may be able to directly connect your injuries, symptoms, and property damage to the motorcycle accident.
Earning Capacity Decreased
Occasionally, accident victims in Colorado Springs bike accidents have injuries that permanently impair their cognitive or physical capacities. Traumatic brain injuries, especially severe concussions, may result in permanent cognitive impairment.
Broken bones, paralysis, and spinal cord injuries, to mention a few, may result in permanent physical disabilities. These lifelong injuries and limitations may develop when bike accident victims fall from their bikes and collide with the ground, directly striking their heads and bodies.
Often, these persistent injuries substantially influence an individual’s ability to work in the same profession – or at all. For instance, an employee may be required to resign from his or her present post and seek employment in a less physically demanding one.
In other cases, the individual may be required to change positions or vocations entirely. These work changes can have significant financial consequences, which are fully compensable under the law.
While there is no precise method for calculating lost earning capacity, these losses are often computed by comparing a worker’s pay and position before the motorcycle accident to his or her salary and position after the accident.
These damages are intended to repay an accident victim for lost future earnings due to having to change employment or positions due to the accident’s injuries. Economists and vocational rehabilitation specialists can often aid in determining damages for lost earning potential in a motorcycle accident lawsuit.
Statute of Limitations for Bicycle Accidents
If you are unfamiliar with the term statute of limitations,’ it refers to the period allowed to pursue or settle a civil action in court. If you fail to file a claim within the statute of limitations, you will be barred from pursuing reimbursement from the guilty party’s insurance carrier. In Colorado, you have two years from the date of your accident to file a lawsuit.
Two years may seem like an extended period, and you may be inclined to delay contacting an attorney. We caution you against doing so since delaying may jeopardize your case. The evidence gathered at the site should be safeguarded, and your witnesses should be interrogated.
After some time, your evidence may vanish, and your witnesses may forget critical information about the accident. Act soon after your accident to ensure that you stay on pace to complete everything on time.
How Shared Fault Compensation Is Calculated
In Colorado, modified comparative fault rules govern the amount of compensation you may get once your participation in the accident is considered. Compensation often comprises past and future medical expenditures, lost earnings, and pain and suffering.
If your injuries are severe, you will often get more compensation. However, if you contributed to the accident’s cause, your payout may be reduced. If you were at fault for the majority of the accident, you would be denied compensation. For instance, if you are more than 50% at blame, you will get nothing.
If you are found to be 50% or less at blame, your compensation is decreased. A $10,000 reward becomes a $7,000 award if you are found 30% at fault. We make every effort to prevent you from receiving a lesser prize.
Indeed, our primary objective is to get a complete and fair compensation judgment for you. The insurance company employs bullying techniques, but such efforts are rendered worthless when you get an attorney to defend you.
The Most Common Injuries Involved in Bicycle Accidents
Bicycle accidents are frightening since your body absorbs the whole force of the vehicle and many individuals forget to wear their helmets. Due to bicycle accidents, severe head injuries, fractured bones, fractures, strains, scars, and deformities are not uncommon.
Serious injuries such as nerve damage, concussion, spinal cord injury, and paralysis are also possible. We will emphasize how critical it is that you seek medical assistance immediately to treat your injuries. This is the single most critical thing you can do for yourself after your injury.
Consultation with the Insurance Company of the Liable Party
You certainly do not want to speak with the guilty party’s insurance company. They will contact you quickly after your accident to get an audio recording of your statement. It is not unusual for them to contact you while you are still in the hospital, maybe on pain medication that impairs your mental abilities.
They are aware of this. Their objective is to safeguard their bottom line. They are not interested in losing money on your case, and when you agree to give them a recorded statement, they will use any means possible against you. You mustn’t accept the call. You are under no legal obligation to speak with them.
There is no need to do so, and if you are persuaded to do so, you risk jeopardizing your chances of receiving full and fair compensation. All it takes is for you to say one thing incorrectly, and they will have ammo against you.
Frequently Asked Questions About Bicycle Accidents
What should I do if I am a victim of a bicycle accident?
Following a bicycle accident, various steps must be taken to ensure you have a strong claim. To begin, you must ensure that the accident is correctly reported.
This indicates that the incident should be reported to the police department or the local sheriff’s office. Additionally, it is critical to get emergency medical assistance. If you are injured, get medical attention immediately.
Additionally, you must follow up with your family physician or another physician of your choosing since you may have injuries that were left untreated at the hospital and need emergency treatment.
Additionally, it is critical to get the services of a knowledgeable lawyer about this sort of event, as they can ensure that everything is handled expeditiously. Additional research may be necessary to get surveillance recordings of the region.
A search of the area where the accident occurred may be necessary. They may need to check the bicycle to see whether it was equipped with reflector lights or any issues, so it must be kept.
Additionally, an expert may need to be engaged to do additional research and investigations. All of this is critical. We are here to assist you if you have any questions.
Which errors should I avoid after a bicycle accident?
One of the most frequent errors we see individuals make after a bicycle collision is failing to contact 911 to report it. This is critical to preserve evidence for subsequent use and to keep that paperwork on file.
Another common error we notice is that they fail to get witness information, if any, that is necessary for your case to argue more effectively for you. Another typical error we notice is that they do not seek legal guidance and contact personal injury lawyers.
How do I choose the best bicycle accident attorney for my claim?
The other day, a family came into the office to discuss a bicycle accident that included one of their family members. We advised them that there are four factors they should consider while deciding on the best lawyer to employ. They should address the following questions to each lawyer.
They should enquire as to whether the lawyer is a personal injury trial lawyer. To put it another way, is the attorney a personal injury attorney? Is he able to handle situations other than personal injury? He ought not to. We do not deal with divorces, bankruptcies, or criminal matters; instead, we concentrate on personal harm.
The next question is if he is a trial lawyer. That means he appears in court, before a judge and a jury, and fights the defense. That is when an insurance company will act unjustly against you. The third factor to consider is whether he has had experience handling similar matters and whether he has won them and gotten favorable results for his clients.
Finally, determine whether or not the attorney is board certified. Certification identifies you as one of the top three percent of attorneys practicing in this field of law. In other words, the state of Colorado has acknowledged him. If you have any queries in those areas, we would be delighted to assist you. Kindly contact our office.
What distinguishes a bicycle accident claim from a vehicle accident claim?
First, the number of injuries sustained by someone may be substantially more since they will not have the normal protection afforded by being in a vehicle. I had a young guy come in the other day who had been involved in a bicycle accident, and one of the concerns he had was how this sort of accident was different from others.
They’re also distinct in that juries are more likely to place blame on the bicycle rider, which is why it’s critical to get an experienced attorney to ensure that your rights are protected. The jury sees the complete picture if the case proceeds to trial.
Is my insurance going to pay the costs of my bicycle accident injuries?
We had a customer come in the other day who wanted to know whether vehicle plans cover bicycle accidents. The answer is that it is situational. Each insurance policy is unique.
Generally, though, we observe that bicycle accidents are covered by insurance plans, particularly if you have what’s called PIP – personal injury protection – as part of your policy. It’s always helpful to get it if you don’t already have it. It is usually recommended.
Additionally, you must contact an attorney immediately, preferably one who specializes in personal injury. Please get in touch with us if you have any other questions or issues.
Should I contact my insurance company after a bicycle accident?
We had a customer come in the other day whose kid had been involved in a serious bicycle accident, and they wanted to know whether they should answer the insurance companies’ calls.
No, this is our response to you. Avoid communicating with insurance firms. They are not there to assist or benefit you. They are there to safeguard whoever is covered.
As a result, each comment you make will be recorded and used against you in the future. We recommend that you immediately call a personal injury attorney and instruct insurance companies to contact your attorney directly.
HOW LONG WOULD IT TAKE TO RESOLVE MY BICYCLE ACCIDENT CASE?
In Colorado, the severity of a bicycle accident claim is determined by the extent of the victim’s injuries. If the individual had just minor injuries, the matter might take around a year and a half to conclude. If the individual were seriously injured, it would almost certainly take longer.
The damage, how fast you recuperate, and whether or not the insurance provider is being fair to you will all be considered. If the insurance company is not being fair to you, we must pursue the suit. When we file a suit, we must consider the court’s docket, and then the court assigns us.
WHAT IS THE VALUE OF MY BICYCLE ACCIDENT CLAIM?
When determining the worth of a bicycle accident claim, we’re going to consider how and why the accident occurred. Is the accident believed to have occurred during the day? Was it throughout the night?
We’re going to look at a few more items. For instance, if you’re riding a bicycle, were your reflector lights turned on? Did you have a light on? Were you wearing luminous items, such as clothing that someone might readily see?
We’re going to look at from the driver’s viewpoint whether they were texting while driving. Were they on the phone? Did a passenger divert them in the car? Were they diverted by the presence of a dog in the car? All of these are considerations that must be considered while determining the bicycle case’s worth.
Finally, we’ll need to determine what sort of car collided with the bicycle. Was that a tractor-trailer? Was it a vehicle? Was it a bus or a trash truck that struck you?
We’re going to consider many factors, and each of them affects the case’s worth since each of them is subject to unique restrictions. Finally, the cost of insurance is determined by the kind of vehicle that struck the bicycle.
Contact a Colorado Springs, Colorado Springs Bike Accident Lawyer Today to Discuss Your Personal Injury Case’s Potential Damages
Bicycles are in no way comparable to motor vehicles. Consequently, when a motor vehicle collides with a bicycle on a Colorado Springs, Colorado Springs highway, the outcomes may be disastrous, if not fatal. Suppose the accident victim dies due to the bike accident.
In that case, the accident victim’s surviving relatives may be entitled to establish an estate and collect damages on behalf of the estate via a wrongful death claim.
If you are involved in a motorcycle accident and receive injuries, the insurance company is never on your side. Indeed, the insurance company will make every effort to minimize or reduce the number of damages required to pay in a personal injury lawsuit.
Warrior Injury Law’s expert Colorado Springs, Colorado bike accident attorneys, are prepared to take on the insurance company and ensure that you get all of the monetary damages to which you have entitled the law. To book a free consultation and case review with a Colorado Springs bike accident lawyer, call 719-300-1100 or email us.
CALCULATING DAMAGES AFTER A BICYCLE ACCIDENT
Bike season in Colorado Springs, Colorado Springs, lasts for a good portion of the year thanks to dependably high temperatures and sunny weather conditions. Cycling enthusiasts will like the abundance of bike paths in the surrounding region, which provide various riding options.
In most cases, irresponsible or negligent motor vehicle drivers are to blame. When a motor vehicle collides with a bicycle, the outcomes may be disastrous and lethal in many instances.
If you or someone you care about has been hurt in a bicycle accident caused by someone else’s carelessness, you may be entitled to monetary compensation for your losses. Your case may be evaluated by a Colorado Springs bicycle accident attorney, who can then explain the possible damages that may be available to you.
Furthermore, an experienced attorney will be able to evaluate the probable settlement range of your case and can assist you in determining whether you should accept an unsolicited settlement offer or if you should “roll the dice” and go to trial in your case.
PREVENTING BICYCLE ACCIDENTS IN THE STATE OF COLORADO SPRINGS
In Colorado Springs, bikers are generally subject to the same traffic laws as motorists on the open road. This implies that bikers must use caution while doing the following:
All traffic signs, such as stop signs and yield signs, as well as all traffic signals and traffic control devices, including stoplights and railroad crossing signals, must be observed.
- All stated speed limit signs must be observed.
- Stay in the appropriate bike lane if one is provided.
- The Most Common Reasons for Bicycle Accidents
- No matter how cautious bikers are, accidents will often occur without the bicyclist’s knowledge or participation. Bicycle accidents in Colorado Springs are caused by a variety of factors, some of which are listed below:
- Driving when negligent, distracted, or inattentive
The following are examples of negligent driving:
- Failure to obey a stop sign or traffic control device;
- Failure to surrender the right-of-way to a cyclist at a junction;
- Defective bicycle components, such as broken handlebars or brakes;
- Rear-end crashes.
Oncoming cyclists are sometimes injured or killed when an car’s door is unexpectedly opened into their path by the driver or a passenger of a parked vehicle. This is known as “dooring.”
BEFORE PROVING DAMAGES, IT IS NECESSARY TO ESTABLISH LIABILITY.
It is usually necessary for an injured biker to establish carelessness on the side of the at-fault driver to obtain damages for injuries experienced in a bicycle accident caused by a motor vehicle driver.
The injured cyclist must demonstrate, in particular, that the motorist failed to behave in a reasonably prudent way given the circumstances and that this failure factually and proximately caused the rider’s injuries and losses.
Sometimes the insurance company of the at-fault motorist may simply concede to liability—or accept responsibility for the underlying bicycle accident—without further discussion.
BICYCLE ACCIDENTS IN COLORADO SPRINGS HAVE RESULTED IN INJURIES.
When a motor vehicle collides with a bicycle, the consequences may be severe and even fatal in certain cases. Most bikers ride with little to no head protection (with the potential exception of a cycling helmet), and their bodies are exposed to the elements. Injury categories that are often encountered in bicycle accidents include:
- Fractures and broken bones.
- Traumatic brain injuries (TBI).
- Soft tissue injuries.
- Scarring that lasts a lifetime, cuts and bruises.
FACTORS THAT INFLUENCE THE NUMBER OF DAMAGES AWARDED IN BICYCLE ACCIDENT LAWSUITS
Upon reviewing the facts and circumstances surrounding your case, a bicycle accident attorney will be able to provide you with an estimate of the possible settlement or judgment value for your case.
Several factors influence the likely value of a case, including the nature, extent, and severity of the plaintiff’s injuries; the level of permanent disability or incapacity associated with the plaintiff’s injuries; and the findings of a medical expert or vocational rehabilitation expert—particularly in cases where the plaintiff has lost earning capacity or is unable to work as a result of the injuries he or she has sustained.
DAMAGES IN BICYCLE ACCIDENT CASES: HOW TO CALCULATE THEM
A bicycle accident plaintiff can obtain both economic and non-economic damages in a single case. In the case of economic damages, such as medical costs and lost income, it is possible to quantify them very precisely in terms of dollars and cents.
Non-economic damages, on the other hand, are far more difficult to establish in court. When attempting to calculate damages in circumstances of chronic disability or long-term pain and suffering, some lawyers would present a per diem (or per-day) argument to arrive at a damage amount.
Other lawyers may calculate the wounded plaintiff’s life expectancy, take into account the plaintiff’s injuries, and reference a mortality table to arrive at a number for non-economic damages for the plaintiff.
In any event, the following are examples of possible damages that may be available to wounded Colorado Springs bicycle accident plaintiffs:
Medical and hospital fees and expenses (including doctor, physical therapy, and surgical bills) are covered. Compensation for lost pay resulting from time away from work due to medical visits are also covered (and during the recovery period)
- Past, present, and future discomfort, suffering, and inconvenient circumstances.
- Loss of earning capacity in cases of permanent physical or mental impairment
- Payment of all causally related bills for psychological or psychiatric treatment
- Loss of consortium, companionship, or spousal support
- Compensation for future medical treatment or procedures (including future surgeries and hospital stays)
- Wrongful death Compensation for future medical treatment or procedures (including future surgeries and hospital stays)
Today is the day to contact a Colorado Springs Bicycle Accident Attorney for a free first consultation and damage assessment.
If a motor vehicle collides with a bicycle, the consequences may be devastating and fatal. If you or someone you care about has been hurt in a bicycle accident caused by the carelessness of a motor vehicle driver, you may be able to collect damages under the laws of Colorado Springs.
Colorado Springs bicycle accident victims should be aware that the insurance company for the at-fault motorist is not on their side and does not have their best interests at heart. When it comes to bicycle accidents, the insurance company’s primary interest is to settle your case as fast and inexpensively as they possibly can.
Warrior Injury Law has a team of experienced Colorado Springs bicycle accident attorneys that are prepared to battle the insurance company every step of the way or to take your case to mediation, arbitration, or trial if that is what is required in your situation.
For a free consultation and case review with a Colorado Springs bicycle accident attorney, please call us at (719-300-1100 or email us.
3 Essential Steps to Increase Bicycle Accident Claim Compensation
Bicycle accident claim compensation will be at the top of your mind at a bicycle crash in Colorado Springs. Approximately 45,000 bicycles are wounded or killed each year as a result of incidents with cars.
Injury to a cyclist due to a collision with a vehicle, truck, or other traffic danger may be life-threatening. Your bike is wrecked, and you might be out of commission for weeks or even months. What are your options?
You want to ride your bike safely and avoid any potential risks at all times. However, suppose you have been wounded in a bicycle accident that was the fault of another. In that case, you are entitled to compensation for your property damage, personal injuries, as well as your agony and suffering.
Following these procedures will assist you in putting together a compelling bike accident claim with the insurance company of the at-fault motorist.
STEP 1: IS TO GATHER EVIDENCE AT THE SCENE
Always dial 911 if you are involved in a motor vehicle accident. Inform the dispatcher that you were riding a bike when you were struck by an car if you were hurt, where the accident occurred, and whether the car driver that hit you left the scene.
FIND OUT WHO IS AT BLAME
- Information for the driver
- If you are able, get the following information from the at-fault driver:
- Full name and contact details (including email address).
- The name and policy number of your auto insurance company
- Your driver’s license or permit
- You’ll also need the following information about your vehicle:
- Make, model, and year of manufacture
- Vehicle Identification Number (VIN)
- License Plate Number (if applicable)
KEEP AN EYE ON WHAT YOU SAY
Don’t let the apologies of the at-fault motorist detract from your focus. Your first instinct to a driver who has struck you could be to forgive them, mainly if the apology seems natural to you. Or, even
worse, you could remark something along the lines of “I should have been more cautious.” Please don’t do that.
Comments such as “I’m OK” or “I’m fine” are what attorneys and insurance companies refer to as “admissions against interest,” and they are illegal. The insurance company representing the at-fault driver will use your comments against you to reject or restrict your claim.
Everything you say may be used against you throughout the settlement bargaining process. Except obtaining the driver’s contact and insurance information, you should save your remarks for the police officers who have been summoned to the site. They will compile a police report, which you may use as evidence in court later on.
Here’s how to determine who was at fault in a bicycle-car collision.
MAKE A LIST OF EVERYTHING
When you are struck by a car, pay careful attention to any confessions of fault by the motorist who hit you.
Make thorough notes for yourself as soon as possible after the accident, while the details are still fresh in your memory. Include anything that the other driver or passengers have mentioned in your report. The driver’s admissions may be used to determine who was to blame for the collision.
Nothing should be left out. It is always preferable to have too much knowledge than to have too little information. It’s normal for people to forget important information after just a few days, and bicycle accident claims may take months, if not years, to be resolved in court.
LOOK FOR POTENTIAL WITNESSES
Please make a note of any witnesses to the bicycle-car collision and provide them to the police. Unless you tell the officers who they are and what they look like, you may miss out on the chance to have their remarks included in the official police report.
After notifying the authorities of any potential witnesses, please make an effort to get their contact information. See if they are willing to submit a short statement describing what they saw while on the scene. Insist on their signing and dating each page.
If your injuries make it impossible for you to communicate with witnesses, ask a kind stranger to assist you.
KEEP AN EYE OUT FOR POTENTIALLY HAZARDOUS ROAD CONDITIONS
You should take note of the precise location where you were wounded if you crashed your bike due to barriers or damage to the roads, such as broken pavement or potholes, after the accident. Mile markers, street signs, and other landmarks should be sought.
Use your camera or mobile phone to picture the area, making sure to capture important landmarks such as businesses, cross-street signs, and other identifiers.
Having the location information can assist you in determining whether the state or your local municipality was responsible for the upkeep of the roads.
Following the determination of the appropriate highway jurisdiction, you may file a personal injury
claim with the proper government division. Make a hasty decision. Some state and local governments require injury claims to be submitted as soon as possible after the event, sometimes as soon as 30 days.
PHOTOGRAPHS SHOULD BE TAKEN
Take as many images and videos of the accident site as you can using a camera or your mobile phone, if at all feasible.
Include any damaged components from your car as well as your bicycle in your list. Take photographs of any skid marks, street signs, guardrails, or other things that have been damaged as a result of the incident. Take pictures of your injuries, as well as any injuries or bleeding clothes you may be wearing.
Don’t make your injuries worse by attempting to gather proof after the accident has occurred. Increasing the severity of your injuries is not beneficial for you and might hurt your claim. If you’ve been seriously injured, you should ask someone else to photograph the situation.
STEP 2: SEEK MEDICAL ATTENTION AND DOCUMENT YOUR INJURIES.
The majority of personal injury settlement offers are based on the number of medical costs incurred by the claimant. Getting medical attention and documenting your injuries is critical in making a successful claim if you are involved in a bike accident.
Never decline medical treatment when it is offered at the spot. Your heart will be racing, and your blood will be pounding immediately after a collision. Adrenaline is a powerful painkiller that may even conceal significant injuries.
This is not the time to maintain a stern demeanor. Inform the paramedics of any symptoms, no matter how little. Don’t try to make excuses for your symptoms by blaming them on your age or upbringing. If the paramedics tell you that you need to be sent to the hospital, follow their instructions.
If you didn’t go to the hospital right away after the accident, make an appointment with your primary care physician as soon as possible, ideally the same day.
You should go to the hospital emergency department or an urgent care facility if your physician isn’t accessible at the time. Follow-up with medical therapy as directed by the emergency department physician is required.
It is very detrimental to your claim if you refuse or postpone medical care following an accident. Because your injuries are not connected to the accident, insurance companies will leap at the opportunity to reject your claim. This is true even if you wind up flat on your back later on.
Throughout your rehabilitation, take photographs of your injuries to document your progress. Bruises and swelling are common and might develop over many days. Rashes on the road scab and weep.
You should ask someone to snap a photo of you on your hospital bed if you’re admitted to the hospital. If your case goes to trial, injury photographs may assist you in persuading a jury of the extent of your pain and suffering.
STEP 3: ENSURE THAT THE VALUE OF YOUR CLAIM IS PROTECTED.
A bicycle collision should be treated with the same seriousness as a vehicle accident. Too many motorists assume that colliding with a bicycle does not constitute a severe accident. The vehicle may either slow down to observe what occurred or speed away, blaming the cyclist for being on the road in the first place.
When a vehicle fails to stop after hurting a bicycle, they are guilty of felony hit-and-run. If this occurs, contact the authorities immediately.
In nine out of 10 bike accident cases, the motorist will not be required to compensate the wounded rider out of their own money. Personal injury compensation is paid by the insurance company of the at-fault motorist, not by the driver’s assets or assets.
HAVING WELL-ORGANIZED PAPERWORK CAN AID YOU IN YOUR CLAIM.
Inquire the responding officer for the reference number for the police report. For a small cost, the information should be accessible within a few days of the incident.
You’ll need copies of your medical bills and documents, as well as receipts for any out-of-pocket costs, such as crutches, prescriptions, and bandages, to file a personal injury claim. Keep track of your mileage as you travel to and from treatment or therapy sessions since you will be required to provide those data as well.
The value of your claim will be increased if you have well-organized supporting evidence of your injury expenditures.
TAKING CARE OF BUSINESS WITH THE INSURANCE COMPANY
Even if you can walk away from a vehicle accident while riding your bike, being struck by a car while riding your motorcycle. You will likely be able to settle your claim for a reasonable amount of money without the assistance of an attorney if your losses are restricted to soft-tissue injuries such as scrapes, bruises, sprains, or minor cuts.
Claims for soft-tissue injuries are often uncomplicated. They agree to compensate you for the whole amount of your medical and treatment costs, out-of-pocket expenditures, missed income, and a restricted amount for pain and suffering if you are injured.
Hard injury claims, on the other hand, are a different situation. Bike riders often suffer severe injuries in vehicle accidents, including head trauma, spinal cord injuries, permanent scarring, bone fractures, and internal injuries.
Head trauma, spinal cord injuries, permanent scarring, bone fractures, and internal injuries are standard. Complex injury claims are time-consuming and costly to pursue.
Don’t believe the insurance adjuster who tells you that you won’t need an attorney for your hard injury claim or that you won’t be able to get compensation since you weren’t wearing a bike helmet during the accident. The adjuster’s primary concern is the company’s profit margin, not what is fair for you and your family.
The reality is that insurance adjusters are well-known for offering lower settlement offers to wounded claimants who do not represent themselves in court. The reason is that after they’ve presented you with their “last offer,” you won’t have the energy or legal know-how to oppose them.
When you’re dealing with catastrophic injuries, there’s too much at stake to attempt to manage the insurance company on your own. Get the monetary compensation you are entitled to. Obtain legal advice from a personal injury attorney to determine the actual value of your claim.