Bicycles provide many benefits in Denver, Colorado, but they also come with just as many risks on the road. In 2020, traffic crashes caused 938 bicyclist deaths in the United States. At the Bendinelli Law Firm, we understand the severity and seriousness of bicycle accidents injuries, and the overall traumatic experience of a bicycle accident. Our attorneys are here to support you and to help you receive the compensation you need and deserve for a full recovery. Contact us for a free consultation.
Although there are laws to protect and govern bicyclists on Colorado roadways, there are still reckless and negligent motor vehicle drivers that put bicyclists at risk of injury or even death.
Bicyclists have very little protection in the event of a crash. Therefore, their injuries can be catastrophic and life-threatening. Bicycle crash victims can suffer a traumatic brain injury, broken bones, spinal cord injuries, neck injuries, and even death. Brain injuries can be especially costly since these injuries can be permanent and require a lifetime of treatment.
Our Denver bicycle accident lawyers fight for your right to fair and just compensation for all damages. You deserve to be compensated fully for your economic losses, physical injuries, pain, and suffering damages. We work with you and your doctors to document your damages to maximize the value of your personal injury claim.
The steps you take after a Colorado bicycle accident can help or hurt your chance of recovering a fair settlement amount. Below are some steps to keep in mind after a bicycle accident:
If you are struck by a motor vehicle while riding your bicycle, call 911 to report the traffic accident. Request emergency medical services, if needed, and the police. You need to have a written report of the accident to assist in filing a personal injury claim.
It is best for your health and your injury claim to see a doctor as soon as possible. If you do not go to the hospital, do not state that you are not injured or state that you are “okay” at the accident scene. You can simply state that you intend to see your doctor as soon as possible.
The insurance company will claim that the accident did not cause your injuries because you failed to seek medical treatment after the accident. Medical documentation is required to prove that the accident caused your injuries and the driver is liable for your damages.
Do not admit fault or suggest that you could have contributed to the cause of the accident. Answer the police officer’s questions honestly, but without embellishing or suggesting you could be at fault. Do not discuss the accident with the motorist or anyone else at the accident scene.
If there are eyewitnesses, ask them to give you their names and contact information. Eyewitness testimony can be crucial when liability for the accident is in dispute. If possible, take a few pictures and make a video of the accident scene.
Do not discuss the accident with the insurance company for the driver. The claims adjuster might tell you that he needs a statement before the company can process your accident claim. Do not agree to provide a statement before you talk to a Denver bicycle accident attorney. Something you say in your statement could be used to allege comparative negligence. Under comparative fault laws, your compensation can be reduced or denied in full if you contributed to the cause of the bicycle accident.
Instead of talking to the insurance company, talk to a Denver bicycle accident lawyer with the Bendinelli Law Firm. We protect you from insurance tactics used to cheat you out of the money you deserve. You deserve to be fully compensated for your medical bills, loss of income, permanent impairments, physical pain, and emotional suffering.
It can be challenging to understand exactly what steps you need to take to file your bicycle accident claim. Will you handle the situation through a settlement with insurance carriers, or will you file a civil personal injury lawsuit? It is important to review the steps involved in filing a bicycle accident claim so you have an idea about which route your case will take.
Determining liability involves conducting an extensive investigation into the incident. Above, we mentioned the need to gather evidence at the scene of the incident if that is possible. Determining liability may involve investigations that extend beyond the first day of the incident. An attorney may need to look at surveillance footage from nearby cameras. They may obtain driver histories. In some cases, it may be necessary to involve an accident reconstruction expert to help prove what happened.
Securing compensation after a bicycle accident and Denver involves proving that the at-fault party was negligent. Negligence has a specific meaning when it comes to personal injury claims. First, this involves establishing that the defendant owed the injured bicyclist a duty of care. For example, if the at-fault is a driver, then we know that all drivers owe a duty of care to others around them on the roadway. This duty includes operating their vehicle safely.
After establishing that there was a duty of care present, it must be shown that the at-fault party somehow breached their duty of care to the injured bicyclist. This can include operating while impaired by alcohol or drugs, failing to yield the right of way, failing to stop at a stop sign, driving above the speed limit, and more.
An injured bicyclist and their attorney must then show that the breach of duty is what caused the injuries and that they sustained some sort of monetary loss as a result of the bicycle crash.
The vast majority of bicycle accident claims in Denver will be resolved through a settlement with an insurance carrier. Typically, this will be the insurance carrier of the at-fault driver. However, insurance carriers are notoriously challenging to deal with, particularly when it comes to paying out fair compensation. The insurance carrier for the at-fault party, along with any other legal team, may try to limit how much money is paid out, and they could even deny the claim altogether.
It may be necessary to file a civil personal injury lawsuit against the at-fault party to recover the compensation that is necessary. This puts the claim into the civil court system and will likely extend the timeline for recovering compensation. There may be a negotiated settlement while both sides are investigating the incident and exchanging evidence. However, the case may need to be heard in front of a jury if an agreement cannot be reached.
There are various types of compensation that a bicyclist should be able to recover after an accident caused by another driver. This includes, but is not limited to, the following:
There are precautions a bicyclist can take to reduce the chances of an accident and give themselves some protection if they are involved in a crash with a motor vehicle.
Wearing a helmet is one of the simplest and most effective ways bicyclists can protect themselves from a brain injury and possibly death. Although almost 70 percent of bicycle fatalities involve head injuries, only about 20 to 25 percent of bicyclists wear helmets. Wearing a helmet has been effective in alleviating 85 to 88 percent of brain and head injuries.
Our Denver personal injury lawyers at the Bendinelli Law Firm are passionate legal advocates for accident victims throughout Colorado. We will fight to hold the negligent motorist responsible for your injuries and financially liable for your damages, while you focus on recovering and returning to your day-to-day activities.
Let us explain your rights and how we can help during a free consultation with an attorney. Contact us today.