What Are Your Legal Options After a Bicycle Accident in Colorado?
After a bicycle accident in Colorado, you have several legal options to pursue compensation for your injuries and losses. Colorado follows a modified comparative negligence system, which means you can recover damages even if you were partially at fault for the accident, as long as your fault doesn’t exceed 50%. Your potential avenues for recovery include filing an insurance claim with the at-fault driver’s insurance company, pursuing a personal injury lawsuit, or seeking compensation through your own insurance policies.
At Mintz Law Firm, we understand the unique challenges cyclists face after accidents on Colorado roads. Our experienced bicycle accident attorneys have helped numerous injured cyclists navigate the complex legal landscape and secure the compensation they deserve. We’re committed to protecting your rights while you focus on recovery.
Understanding Your Rights as a Cyclist in Colorado
Colorado law treats bicyclists as vehicle operators, granting them the same rights and responsibilities as motorists on the road. This legal status provides important protections if you’re involved in an accident.
When a motor vehicle collides with a cyclist, the driver may be liable if they violated traffic laws or operated their vehicle negligently. Common scenarios include drivers failing to yield right-of-way, making unsafe lane changes, opening car doors without checking for cyclists (dooring), or driving while distracted or impaired.
Colorado’s three-foot passing law requires motorists to give cyclists at least three feet of space when passing. Violation of this law that results in an accident strengthens your claim against the driver.
Filing an Insurance Claim After a Bicycle Accident
The most immediate legal option after a bicycle accident is filing an insurance claim. Several potential insurance sources may provide coverage for your damages.
The At-Fault Driver’s Liability Insurance
If a motorist caused your bicycle accident, their auto liability insurance should cover your damages. Colorado requires all drivers to carry minimum liability coverage of:
- $25,000 for bodily injury or death to any one person
- $50,000 for bodily injury or death to all persons in any one accident
- $15,000 for property damage
However, these minimum amounts may not cover severe injuries or expensive bicycle damage. If your damages exceed the at-fault driver’s policy limits, you may need to explore additional options.
Your Own Insurance Coverage
Your personal auto insurance may provide coverage even though you were on a bicycle. Relevant coverages might include:
Medical payments coverage (MedPay) can help cover your medical expenses regardless of fault. Colorado insurers must offer at least $5,000 in MedPay coverage, though you can purchase higher limits.
If you have uninsured/underinsured motorist coverage (UM/UIM), it may apply if the at-fault driver has insufficient insurance or fled the scene (hit-and-run). This coverage can be crucial for cyclists since bicycle accidents often result in serious injuries that exceed minimum liability limits.
Always review your insurance policies carefully and consult with an attorney to understand what coverage applies to your specific situation.
Filing a Personal Injury Lawsuit
If insurance claims don’t provide adequate compensation, you may need to file a personal injury lawsuit against the responsible party. This legal action allows you to seek damages beyond what insurance might cover.
In Colorado, the statute of limitations for personal injury cases is generally two years from the date of the accident. Missing this deadline can bar your right to compensation, so consult with an attorney promptly.
Through a lawsuit, you may recover compensation for:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Bicycle and property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
The litigation process is complex, involving discovery, negotiations, and potentially a trial. Having experienced legal representation significantly improves your chances of a favorable outcome.
Contact a Colorado Bicycle Accident Attorney
Navigating the aftermath of a bicycle accident can be overwhelming, especially when you’re dealing with injuries. At Mintz Law Firm, our attorneys have extensive experience handling bicycle accident cases throughout Colorado. We understand the unique challenges cyclists face and know how to build strong cases that maximize compensation.
The Mintz Law Firm team is dedicated to providing personalized attention to each client while aggressively pursuing the compensation you deserve. With our proven track record of successful outcomes and commitment to client advocacy, we stand ready to help you through this difficult time. Contact us today at (303) 462-2999 or through our contact form to schedule a free consultation.