In Colorado, bicycle riders and motorists both have rights and responsibilities when using public roads. Unfortunately, when bicycle accidents occur, they are often due to inattentive drivers and often could have been prevented. How do riders go about proving fault in these cases and seeking compensation for their injuries?
Negligence and Fault
Ultimately, proving who is at fault or responsible for a cycling accident comes down to determining who acted carelessly, recklessly, or in legal terms, negligently.
When it comes to the act of driving, negligence is when a driver fails to exercise reasonable care while operating a vehicle, which can lead to accidents and injuries. This can be done by determining who had the right of way at the time of the accident, whether any laws were broken, and other factors relating to the driver’s state.
Some types of negligent driving behaviors include:
Driving under the influence
Texting and driving
Violating traffic signals
Driving while fatigued
Aggressive driving, such as road rage
In addition, Colorado drivers are required to allow at least three feet of space in between their vehicle, including mirrors and trailers, when passing bicycle riders.
“No Doubt” Liability
In some cases, liability in a cycling accident can be unclear and arguable by either side. However, there are certain instances that we refer to as “no doubt” liability. These are almost never arguable and the insurance company will most likely find the driver liable:
Rear-end collisions. Regardless of why or where you were stopped, a driver who hits a bicycle rider from behind is nearly always going to be found at fault.
Left-hand turns. A common cause of bicycle accidents is a left-hand turn. If a driver fails to yield to a cyclist going straight on the opposite side of the road, he or she is most likely at fault.
Contact our Cycling Accident Attorneys
Proving who is at fault for your cycling accident can be difficult, especially by yourself. Klein Frank is here to advise you of your rights and guide you seamlessly through the legal process. On top of that, you want to make sure that you obtain a fair settlement — that is, one covers your entire medical bills, lost wages, and other damages.
Our legal team at Klein Frank has a 100% success rate in recovery for our bicycle accident clients. We will investigate the cause of your bicycle accident and come up with a personalized legal strategy to pursue your full compensation.
Contact our firm at (303) 448-8884 to schedule your free, personalized case review.