Determining Liability After a Bicycle Accident in Colorado

 Posted on October 28, 2021 in Car Accident

Commuting by bicycle is becoming more and more popular. People may opt to ride a bike to work or other locations because they want to increase their activity level, save on gas, or maintain an eco-friendly lifestyle. Few people rarely consider the risk that comes along with that type of transportation. Riding a bicycle on a busy road leaves cyclists exposed to large vehicles traveling at high speeds, some of which are driven by individuals who are not always as attentive as they should be.

When bicyclists are involved in an accident, they may have legal options available to pursue compensation in court. However, an injured bicyclist should take the time to consider what party is responsible for their injuries and the possible outcomes that may arise in a Colorado courtroom.

Motor Vehicle Driver Liability

All drivers using the road are obligated to uphold a basic duty of care to everyone using the roadways, including other drivers, passengers, bicyclists, and pedestrians. When this duty is breached, the driver may be found negligent in an injurious road accident. When an accident involves a bicyclist, negligence may arise in many forms including speeding, drifting into the bike lane, reckless driving, and running a stop sign. If the driver was already violating traffic laws at the time of the accident, such as speeding, the violation will likely be used as evidence for negligence in the accident.

Cyclist Liability

Alternatively, if a bicyclist was partially at fault for the accident, comparative negligence may be an important factor in determining liability for any sustained injuries. Comparative negligence limits the amount of compensatory damages a cyclist can receive in an injury claim if they had partial responsibility for causing the accident. This type of liability may come into play if the bicyclist was riding the wrong way on a one-way street, turned abruptly into traffic, or failed to stop at a stop sign.

Municipality Liability

In other cases, an injured bicyclist may pursue a claim against a municipality. It is possible for a city to be found at fault for injuries sustained by a cyclist if their negligence contributed to dangerous road conditions. For example, if a city fails to repair potholes and cracks which led to an accident, they may be found liable for injuries. Other instances may involve the municipality’s failure to provide adequate warning signs near construction zones.

Contact Our Larimer County Bicycle Accident Attorneys Today

Bike accidents can lead to catastrophic injuries, especially for a cyclist. If you or a loved one were injured in a bicycle accident, working with a Fort Collins personal injury attorney can make a significant difference in your pursuit of compensation. The legal team with Hoggatt Law Office, P.C. can assist in investigating the accident and determining who is liable for injuries. To learn more about how we can help and set up a free consultation, call 970-225-2190 today.

Sources:

https://www.kunc.org/news/2020-12-22/anatomy-of-a-bicycle-crash-thousands-of-colorado-riders-injured-in-a-decade

http://www.colobikelaw.com/tips.html