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Colorado Springs Bicycle Accident Lawyers
Bicycle injuries and deaths are significant situations, and being prepared in the event of one may pay off. When you know what to do after a Colorado Springs bicycle accident, you set yourself up for the best recovery and personal injury settlement.
Even though bicycles account for less than 1% of journeys, bikers face a larger risk of death than automobile drivers. According to the Centers for Disease Control and Prevention, over 900 bicycle deaths and around 494,000 bicycle-related injuries in 2013. These figures are alarming, and if you’re an active rider, understanding what to do in the event of a bicycle accident is critical.
There are several sorts of collisions between an automobile and a bike; but, according to Active.com, two are more prevalent than the rest:
- “The left-hand turn, in which a vehicle enters the path of a bike traveling in the opposite direction. In this case, the driver often fails to see the rider until it is too late.”
- “The right hook, in which a car passes a cyclist traveling in the same direction in the bike lane or right shoulder and then promptly makes a right turn straight into the bicycle’s path.”
Regardless of the kind, it’s critical to ensure that you manage the issue effectively to avoid being left in the dust.
At the Crash Location
Even if the accident and injuries are minimal, calling the police is usually a smart idea. A police report will explain the events surrounding the motorcycle accident, ensuring that you have no difficulty making an insurance claim afterward.
When a report is not submitted, two things often occur:
- You discover that your injuries were more serious than you first believed, and you have difficulty obtaining insurance to pay your medical expenses.
- The motorist who struck you chooses not to accept blame and alters their account, resulting in insurance coverage issues.
Occasionally, police officers are hesitant to speak with the biker about the collision, preferring to speak with the automobile driver. Ensure that your viewpoint and facts about the collision and injuries are included in the report. If any witnesses are willing to testify on your behalf, get their names and contact information as well. The more information you provide, the more likely insurance will cover damage to your bike and medical expenses.
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Consultation with a Physician
It is important to get oneself checked out even if you believe nothing is wrong. Many individuals are unaware of the degree of their injuries for 24 hours or more after the event. Because your body is first flooded with adrenaline, the pain often does not manifest until the adrenaline wears off.
Additionally, having documentation that you promptly went to the doctor or ER can assist in establishing that you were harmed. If you have any insurance concerns, you will have medical documents to prove it.
Recovering from Your Losses
If the motorist is found to be at fault, their liability insurance should pay any damage to your motorcycle. Take multiple photographs of you, your gear, and the whole accident area before removing your bike or any other equipment from the scene.
Following an inspection by an insurance adjuster, you’ll want to take your bike to an expert bike repair shop to determine the extent of the damage. Smaller issues, like microscopic cracks, might be overlooked by an inexperienced eye. The shop can list all of the damages and also decide if the bike is safe to ride.
Collisions involving Bicyclists and Pedestrians
Automobiles must share the road with pedestrians and cyclists, which has resulted in several catastrophic collisions. Whether you’re sharing the road with mountain bikers on rural roads or cyclists and walkers in cities, you’re almost always going to share it with non-motorized vehicles.
Regrettably, this condition exacerbates traffic risks for motorists and their non-motorized counterparts.
Automobile Collisions Involving Pedestrians
In an ideal world, every roadside would have clean, well-kept sidewalks and crosswalks with well-maintained lights, and everyone could be trusted to obey all proper signals. Unfortunately, automobiles and pedestrians do not have such an easy connection on the road in the actual world.
As with other sorts of automobile accidents, the critical factor in determining who was at fault and establishing that fact, pedestrians, like drivers, are legally required to respect traffic regulations and signals, and hence behaviors such as jaywalking, crossing against the light, or trying to cross a roadway explicitly designated “no pedestrians” are all breaches of the law.
On the other hand, a pedestrian collision might easily be the driver’s responsibility. If the pedestrian was obeying all relevant traffic laws, driving carelessness is typically believed to cause the collision.
Unfortunately, driving while intoxicated is another frequent cause of automobile accidents involving pedestrians. A motorist with a slower response time may miss a pedestrian crossing the road in time to stop, even if the person is lawfully crossing.
Pedestrians who are hit by vehicles usually seek the aid of an attorney who is experienced in handling these types of situations. Car insurance firms are renowned for using deceptive strategies to avoid paying damages when a policyholder strikes a pedestrian.
Automobile Collisions Involving Bicycles
As with pedestrian incidents, motorists have a lower risk of harm when they collide with bicycles. The fact that bikers face a greater risk does not invalidate the reality that they may and do make hazardous road blunders.
When bicyclists try to pass a line of stopped automobiles approaching a crossroads, they create a potentially hazardous scenario for themselves and the people waiting at the crossing.
These hazards may be exacerbated if riders do not wear helmets since Colorado law prohibits helmet usage. Because bikers often do not wear helmets, something as easy as opening the door of your automobile while parked beside a street may create a serious threat.
When a bicycle collides with a vehicle, scenarios like a parked car with an open door are seldom the reason. Rather than that, these automobile accidents often occur at junctions, generally due to either the motorist or the bicycle failing to follow the proper right of way laws.
In these instances, the person who disregarded the right of way is at fault, regardless of whether he or she is driving a vehicle or riding a bicycle. Anyone wounded in such an accident due to another’s carelessness has legal recourse for their associated medical expenditures. It should consider retaining the services of an expert Colorado automobile accident attorney.
When Should You Contact a Colorado Springs Automobile Accident Attorney?
Both of the scenarios detailed above will place you in a tough legal position and may make obtaining compensation for property damage and medical expenditures more difficult than normal. For the judicial system and insurance companies, this sort of car collision is not the usual.
A knowledgeable Colorado automobile accident attorney can assist you in navigating the complicated laws associated with these sorts of events and obtaining the compensation you deserve.
Tips for Cyclists and Motorists on Bicycle Safety
Jeremy D. Earle, JD and his team in Colorado Springs provide recommendations to motorists and bikers on how to prevent possibly tragic incidents.
Apart from being one of the most physically healthy states in the United States, Colorado is also gorgeous. Combine the two, and you have a large number of bikers that regularly ride across Colorado Springs and other Colorado communities.
However, more bicycles on the road imply an increased risk of accidents. The following sections discuss several methods for being as safe as possible while riding a bicycle and recommendations for motorists to avoid colliding with a cyclist.
On average,.5% of the population rides a bicycle to work. Colorado Springs’s rate is 2.2 percent, four times the national average. Since 2005, the percentage of Colorado Springs commuters who bike to work has increased by 57%.
According to the Colorado Springs police department’s (dpd) statistics, there were 239 collisions between bicycles and automobiles in 2011. In 2012, the figure increased to 265. Unfortunately, the numbers continue to climb, and we must all exercise extreme vigilance.
Safety tips for bikers
- first and foremost, we are all aware of the need to wear a helmet. However, this is not the “be-all and end-all” of riding a bike safely! Numerous individuals have died in motorcycle accidents, even while wearing a helmet.
- locate less congested streets! Yes, cyclists have rights, and some laws protect them. What good are these regulations, though, if you are involved in a tragic bicycle accident? To minimize the danger of an accident, seek out other routes off major thoroughfares.
- always ride your bike with lots of lights and wear bright clothes to ensure cars notice you!
- avoid surprising motorists by signaling your turn. Ensure that you are noticed at all times!
- it’s incredible to witness a cyclist talking on the phone, texting, or even listening to music while riding. Remind yourself to pay attention to everyone around you!
Motorists’ tips for avoiding bicyclists
- avoid following too closely. You may believe that the space between you and the bike is fine, but you must exercise additional care and remain back much more than you believe necessary!
Be on the lookout for them! • show consideration for bikers! They do have a right to be on the road. While some may want to examine which routes they travel on, they do have rights.
- before backing out of a parking space or even your driveway, check twice and three times to ensure there is no bike or other pedestrian in your path!
- avoid passing too closely behind the rider. You may approach them too closely and cause them to crash.
- always keep an eye out for them while making a left turn.
- your haste to pass bikes might result in a serious head-on accident.
The bottom message is that bikers and cars must show mutual respect and be cautious of one another. This, however, is not always the case. If you have been hurt in a negligent collision, contact Jeremy D. Earle, JD, an experienced attorney who represents injured bikers, for a free consultation.
Who Has the Right of Way Between a Bicycle and a Car?
The answer might be ambiguous in a variety of traffic conditions. Jeremy D. Earle, JD, a Colorado bicycle-car collision attorney, discusses the legislation and how it may affect your damage case.
Bicyclists are often caught in the crossfire over whether traffic regulations apply while riding on or near a highway. While cyclists are legally considered pedestrians in most instances, when they use the street for transportation, they must also follow traffic flow restrictions, such as stopping at crosswalks and riding with the flow of traffic.
Bicyclists must likewise respect the rights of walking pedestrians at authorized crosswalks, even if they are not compelled to dismount and push the bike across the street. However, riding a bike on the sidewalk is banned in many places in Colorado.
According to Colorado’s bicycle law, “No person shall ride a bicycle or electrically assisted bicycle on or along a sidewalk or pathway, or across a roadway on or along a crosswalk, where such use of bicycles or electrically assisted bicycles is prohibited by official traffic control devices or local ordinances.” Where required by official traffic control devices or municipal legislation, a person riding a bicycle or electrically assisted bicycle should dismount before approaching any crosswalk.”
Whether a bicycle is permitted to ride or must dismount on a sidewalk or crosswalk, they have the same rights and obligations as pedestrians while crossing the street.
Right of way is decided by various circumstances in a motorcycle collision with a motor vehicle – just as it is in a car accident. When a bicycle rider is involved in an accident, his or her purpose and actions are extensively scrutinized. Bicycle Accident
Continue reading to learn about Colorado’s bicycle safety legislation. (Are you not a resident of Colorado? (Click here to learn about your state’s bicycle rules.)
Utilization of Crosswalks
Bicyclists are permitted to utilize the same marked pedestrian crosswalks as pedestrians while crossing a roadway. Bike riders are often deemed the negligent party if they collide with a walking pedestrian since individuals on foot owe a reasonable duty of care. While there is substantial foot traffic, the safest alternative is to push your bike over the path and keep inside the specified lanes, particularly when riding alongside strolling people.
Being struck by a vehicle while crossing outside the crossing lane may raise the degree of personal risk assumed in the event of an accident. Which may have a detrimental effect on any future personal injury claim you desire to pursue.
Utilization of the Highway
Numerous roadways impose similar restrictions on bikes as they do on walkers and mopeds. Bikers must avoid unrestricted roadways. Streets and inner-city streets vary in that operating speeds are often slower. And there may be a dedicated bicycle lane that limits pedestrian and some motorized vehicle traffic.
Bikers must follow regular traffic laws when riding on the road. Such as indicating turns and going at night with a headlight. Additionally, bike riders should yield to motorized vehicles when necessary. And keep as far away from conventional vehicle traffic as feasible while still using the road’s edge.
Additionally, it is critical to remember to wear protective gear – particularly a helmet – while riding near motor vehicles.
Finally, being vigilant may mean the difference between a bicycle successfully reaching its goal and suffering significant injuries in an accident. Therefore, exercise caution and reserve your iPod listening for times when you are not riding your bike!
In a Motorcycle Accident, Comparative Negligence
To people riding bicycles, the law of comparative negligence continues to apply. Which may be relevant in the event of an accident.
Colorado follows modified comparative negligence, which means that anybody filing a personal injury claim may get damages. If they are found to be less than 50% culpable for the accident.
Contact a Skilled Colorado Bicycle Accident Attorney
Bicycle accidents may be quite stressful, and it’s often tough to negotiate the resulting legal concerns.
If you or someone you care about has been injured in a bicycle accident, the personal injury lawyers at Warrior Injury Law in Colorado Springs can assist you. Contact us now to schedule a free consultation. Or peruse our Injury Guide to learn more about personal injury law and how it applies to your case.