What to Do After a Bicycle Accident
Post date :
January 3, 2024
Founder, Western Slope Law
Colorado’s love for cycling comes with a serious downside – a growing number of bicycle accidents. Statewide, there are roughly 1,370 bicycle accidents each year. In 2023 alone, 20 cyclists lost their lives in Colorado traffic crashes, a 33% increase from 2022. This surge made 2023 one of the deadliest years for cyclists in the past decade. Hundreds more riders suffered injuries in crashes, highlighting that every ride carries some risk.
Cyclists on Colorado’s Western Slope feel the impact too. While urban areas see more frequent bike collisions, rural regions like the Western Slope often experience fewer but more severe accidents due to higher speed limits and limited bike infrastructure. In other words, a scenic mountain highway might not have many cyclists, but an incident there can be life-changing.
Common Reasons for a Bicycle Accident Lawsuit
Not every bike crash leads to a lawsuit – sometimes it truly is an “accident.” But in many cases, injured cyclists pursue legal action because someone else’s negligence or a hazardous condition caused the wreck. If you’ve been hurt in a bicycle accident, it’s important to recognize whether another party’s wrongdoing contributed to the crash. Lawsuits can help victims recover costs and hold the responsible party accountable when an accident was more than just bad luck.
Many bicycle accidents involve careless drivers, aggressive drivers, or unsafe conditions that could have been prevented. Below are some common reasons cyclists file accident lawsuits, each rooted in avoidable negligence or hazards:
Driver Negligence (Distracted or Reckless Driving): The most frequent cause of serious bike crashes is a motorist’s negligence. This includes drivers who are texting, using a phone, driving under the influence, speeding, or failing to yield to cyclists. For example, a driver who runs a red light or doesn’t check blind spots when turning can strike a bicyclist. If a driver’s careless behavior caused your injury, you may have grounds for a negligence claim against them.
Road Hazards and Poor Infrastructure: Sometimes the road itself is the culprit. Potholes, uneven pavement, lack of bike lanes, or unclear signage can create dangerous conditions for cyclists. On Colorado’s Western Slope, a poorly maintained mountain road or debris from a construction site can easily lead to a wreck. If a government entity or construction company failed to keep the road safe, they could be liable for the accident. In short, when unsafe road conditions cause a crash, an injured cyclist might pursue a claim for failing to address known hazards.
Defective Bicycle or Equipment: Some crashes happen not because of a driver or road, but due to equipment failure. A broken bike frame, faulty brakes, or a malfunctioning car part (like a blown tire on a passing vehicle) can lead to a serious accident. In these cases, the manufacturer or mechanic might be at fault. A lawsuit for product liability may be warranted if a defective bicycle, car, or safety gear contributed to your injuries.
Other Negligent Parties: Every accident is unique. Sometimes a pedestrian may cause a crash by stepping into a bike lane, or a dog owner might let their pet run into your path. Even another cyclist riding recklessly could cause a collision. In any scenario where another party’s actions (or inaction) led to your crash, you may have a reason to file a bicycle accident lawsuit. The key is that someone failed to uphold their duty to keep others safe on the road.
What Damages Am I Entitled To After a Bicycle Accident?
After a bicycle accident, “damages” refers to the compensation you can claim for your losses. Colorado law allows injured cyclists to recover a wide range of damages – not just the immediate medical bills, but also the broader impact the injury has on your life. If someone else was at fault for your crash, you shouldn’t have to shoulder the financial burden alone. A personal injury claim can help you get reimbursed and paid for bills, lost income, and pain and suffering.
Medical Expenses: This includes all healthcare costs related to your injury. Emergency room visits, hospital stays, surgeries, doctor appointments, medications, and rehabilitation therapy are all covered. Be sure to keep receipts and records of co-pays, medical bills, and even travel to medical appointments. If you’ll need ongoing treatment or future surgeries, those anticipated costs can be claimed as well. Serious bike accidents often involve long-term care, and a claim should account for future medical needs in addition to bills you’ve already incurred.
Lost Wages and Future Earnings: If your injuries force you to miss work, you can claim the income you lost during recovery. Pay stubs or employer letters can show how much wages you missed out on. Beyond that, if the accident impacts your ability to earn a living in the future, you may seek compensation for reduced earning capacity. A permanent injury might prevent you from returning to your previous job or working the same hours, which is a significant economic loss. Your lawyer may use expert testimony to quantify how your career and earnings prospects have been harmed by the accident.
Pain and Suffering: Not all fallout from a crash is financial. Pain and suffering damages compensate you for the physical pain and emotional distress you've endured. Bike accidents can result in severe injuries that cause lasting pain or disability. You deserve compensation for the suffering, discomfort, and even the trauma such as anxiety, PTSD, or sleep problems that result from the accident. These non-economic damages are subjective but very real. In Colorado, while there are caps on certain types of non-economic damages, a skilled attorney will help demonstrate the full extent of your suffering to maximize this portion of your claim.
Property Damage: A serious accident often means your bicycle is damaged or destroyed. You’re entitled to recover the cost of repairing or replacing your bike and any other property that was damaged. This can include your bicycle, your helmet and cycling gear, your clothing, and even electronics. Don’t overlook these costs – the goal of a lawsuit is to make you whole, and that includes getting your equipment or property back to pre-accident condition or compensating you for its loss.
Loss of Enjoyment or Quality of Life: Serious injuries can drastically reduce your quality of life. You might not be able to ride a bike for months, or at all. You could be unable to participate in hobbies, sports, or daily activities you love because of chronic pain or disability. This loss of enjoyment of life is a compensable element of your damages. Courts recognize that an injury isn’t just about bills, it’s also about missing out on life’s pleasures and experiences. While no amount of money fully restores your former life, compensation can acknowledge and provide justice for what you’ve lost.
Punitive damages might be pursued, but these are special and relatively rare. Punitive damages are intended to punish reckless or egregious behavior by the at-fault party (for example, a driver who hit a cyclist while driving drunk at high speed). Colorado courts only award these if the wrongdoing was truly gross negligence or willful and wanton conduct.
Handling Insurance Claims After a Bicycle Accident
Dealing with insurance companies after a bicycle accident can be one of the most frustrating parts of the recovery process. Don’t be surprised if the process feels like an uphill battle. Insurance adjusters have one main goal: to limit the payout for your claim. It’s important to approach insurance interactions carefully to protect your rights and financial interests.
Report and Document the Accident Promptly: As soon as you can, report the collision to law enforcement and to the insurance companies involved. Provide the basic facts of what happened, but stick to the facts. At the same time, start gathering documentation. Save the police accident report, take photos of the scene and your injuries, and keep records of all medical treatment. This evidence will be vital when proving your claim to the insurer.
Don’t Admit Fault or Downplay Injuries: It’s natural to be polite or even apologetic, but avoid any statements that could be interpreted as admitting fault. When speaking with insurance adjusters, never say the accident was your fault. Colorado follows a comparative negligence rule, and any admission could be used against you later. Similarly, don’t minimize your injuries or say “I’m okay” if you’re not. Stick to factual descriptions and let your medical records speak for the injuries. Insurance companies may twist casual remarks into reasons to deny or reduce your claim.
Be Wary of Quick Settlement Offers: Often, an insurance company will respond to a serious bike accident by offering a fast settlement. Sometimes, these come even before you fully understand the extent of your injuries. This quick offer may seem like a relief, but it’s usually a strategic move to settle cheaply. Early offers often undervalue long-term medical needs and pain and suffering. It’s usually wise to wait until you have a clear picture of your recovery before settling a claim. Consult a lawyer before accepting any offer; they can tell if it’s fair or if you deserve more.
Expect Blame Shifting: Don’t be surprised if the insurance company tries to argue that you, the cyclist, were partly or wholly at fault. They might claim you were in the wrong lane, didn’t wear visible clothing, or disobeyed a traffic law. This is a common tactic to reduce what they owe. Make sure you have evidence on your side like witness statements that the driver was speeding, or GPS data from a fitness app showing you were within the bike lane. In Colorado, even if you are found partially at fault, you can still recover damages as long as you’re less than 50% at fault. A solid case with clear evidence can counteract unfair blame and ensure the right party is held accountable.
Let a Lawyer Handle Communications and Negotiations: Simply put, having a lawyer evens the playing field; insurers have professionals looking out for their interests, and you should too. Once you have legal representation, insurers must communicate through your attorney. This means you won’t have to field stressful calls or risk saying something that hurts your claim. Attorneys experienced in accident claims know the tactics insurers use – and how to counter them. They will manage the back-and-forth negotiations and fight for a fair settlement that covers all your damages.
Hire a Lawyer After a Bicycle Accident
A serious bicycle accident can turn your life upside down. In the aftermath, you’re likely dealing with pain, medical appointments, and financial worries – all while trying to heal. It’s a lot for anyone to manage. Hiring a bicycle accident lawyer can make a world of difference during this difficult time. An experienced attorney becomes your advocate, handling the complex legal and insurance issues so you can focus on recovering.
