Helmets and Colorado Bike Accidents

 Posted on August 16, 2023 in Personal Injury

Bicycle accidents can be devastating, resulting in severe injuries and significant financial burdens. One common question that arises in such cases is whether an injured cyclist can seek compensation if they were not wearing a helmet at the time of the accident. Today, we will review the legal implications surrounding this issue in the state of Colorado. If you have been injured in a bicycle accident, contact a personal injury lawyer today to pursue compensation related to your injuries.

Understanding Comparative Negligence

Colorado follows the legal principle of comparative negligence, which means the amount of compensation the plaintiff can receive may be reduced based on their percentage of fault in causing the accident. However, the absence of a helmet does not automatically absolve the defendant of their liability.

Contributory Negligence and Bicycle Accidents

In bicycle accidents, contributory negligence refers to the actions or omissions of the injured cyclist that may have contributed to the accident or worsened their injuries. While not wearing a helmet may be considered contributory negligence, it does not necessarily bar the injured party from seeking compensation. Colorado also follows the “modified comparative negligence” rule, which allows injured parties to recover damages even if they were partially at fault. However, the amount of compensation you can receive may be reduced according to your degree of responsibility.

Proving Negligence is Essential

At the heart of this issue, as with most personal injury cases, is the need for the injured individual to prove that the other parties’ actions resulted in their injuries. This process phase often includes gathering evidence from wherever you can, such as from witnesses, accident reports, medical reports detailing your injuries, and more. Again, whatever evidence you decide to present must demonstrate that the other party acted negligently and caused your injury.

Contact a Fort Collins Bicycle Accident Attorney

Chances are, you have been told since you were a kid that you need to wear a helmet while riding a bicycle. While it is strongly advised to wear a helmet while cycling for safety reasons, not wearing one does not automatically prevent you from seeking compensation for injuries sustained in a Colorado bicycle accident. By proving the other party’s negligence and establishing the damages you suffered, you can pursue the compensation entitled to you. Contact the skilled Larimer County bicycle accident lawyer with Hoggatt Law Office, P.C. for legal guidance. Call 970-225-2190 for a free consultation.

Source - https://www.investopedia.com/terms/c/comparative-negligence.asp