In 2015 alone, over 1,000 cyclists were killed on the road, with almost 467,000 bicycle-related injuries as well. The cost, measured in both medical costs and productivity losses, is thought to be upwards of 10 billion dollars.
In several of these accidents, car and truck drivers were to blame, but who often have to deal with the aftermath of a road accident involving a bicycle? The cyclist. Not all car and truck drivers, who are required by law to share the road with cyclists, are careful or considerate. One moment of inattention, or neglect for road rules, can be all it takes to turn your world upside down. People can lose loved ones, and cyclists can find themselves unable to work or be faced with thousands of dollars in medical bills.
If you have been injured while riding your bicycle on the road, due to the actions of a negligent or careless driver, you have the right to seek compensation for the suffering you endured. It might be now time to call upon the services of a bike accident lawyer Denver for a Free initial consultation.
The Aftermath of a Bicycle Accident
When a cyclist collides with a car or truck, the impact can be devastating. Cyclists often bear the brunt of injuries, which can lead to long-term health issues, missed time at work, and mounting medical bills. If you’ve been injured due to a negligent driver, it’s crucial to understand your rights and the importance of seeking legal representation. A bike accident lawyer in Denver can help you navigate this challenging process and fight for the compensation you deserve.
What is “negligence?
To recover from another person for damages incurred due to a bicycle collision, it is required to prove that person was negligent. Simply stated, negligence occurs when a person acts unreasonably or fails to act as a reasonable person would and that conduct results in damage.
Examples of Negligence include:
- An illegal lane change
- Improper signaling
- Taking the right-of-way
- Following too Closely
- Operating a vehicle under the influence of alcohol or drugs
- Driving recklessly, carelessly
- Speeding
- Violates traffic laws, or ignores traffic signs
Any conduct that is in violation of applicable law such as speeding, texting, or operating under the influence establishes negligence per se.
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After a Bicycle Accident, What Do I Need To Do?
First, do not provide a statement to the drivers’ insurance carrier before seeking representation. These statements are taken to protect the insurance carrier – NOT to assist your claim. Anything you say that can be used against you will be used against you. You have no obligation to provide a statement to the drivers’ insurance company – so don’t.
Before you involve your insurance company, it’s in your best interests to call upon the experience and knowledge of an Denver bike accident attorney. One of our lawyers can first outline the technicalities of your claim, helping you to identify the wrongdoings of the other driver, and how best to approach your claim for compensation. When it comes to settling for maximum dollar in bike accident cases, our attorneys are experienced. We have the knowledge and the skills to know when and how a case should be taken to court.
Why Do I Need to Hire a Bike Accident Lawyer in Denver?
After a bicycle accident on the road, there is so much going on. Not only do you have to deal with the physical and emotional pain such an accident can cause, but you then have to work through the laws surrounding your injury claim, the endless back and forward with insurance companies, and the potential for personal losses.
For example, did you know that your car insurance policy may provide benefits if you are the victim of a bicycle collision? It may and part of what we do is to find and utilize all of the insurance that is available to you. This will maximize the cash recovery.
We recommend hiring a Denver bicycle accident attorney from The Boyle Injury Law because we have the experience and skills to actively fight for your compensation. We understand all legal technicalities, the trauma you face as a bicycle accident victim, and how litigation works if your case ends up going to trial. Instead of fighting your battle alone, your bicycle accident attorney will fight it for you.
Get in touch with a bicycle accident attorney from Boyle Injury Law when you’re ready to talk claims. We’re ready and able to fight for your right to compensation.
Legal FAQ’s
Q1. What to do after a bike accident?
If you get injured in a bike accident seeking medical attention is the priority. While you are doing that, there are some things you can do to help protect your claim and ensure you receive fair compensation.
After a bike accident, it’s essential to:
- Remain at the scene of the accident and get the contact information of any witnesses.
- Take pictures of the scene, injuries, and the bicycle.
- Get the names and contact information of any police officers who responded to the accident.
- Seek legal representation as soon as possible.
Q2. How to claim insurance after a bike accident?
If you’re in a bike accident and it’s not your fault, the best way to claim insurance is to speak to an attorney. Bike accidents get tricky when it comes to telling whose fault it is. An attorney will help you gather evidence and build a strong case to receive compensation for your injuries.
Q3. Who is at fault in a car-bike accident?
The car driver is typically at fault in a car-bike accident, as cars are larger and heavier than bikes and are not designed to share the road with bikes. Bikes should be treated as vehicles, and drivers should take into account their presence when turning, merging, or changing lanes.
That said, there are many things that cyclists can do to make themselves more visible and help avoid accidents.
For example, they can wear bright colors, use lights when riding at night, and ride in the middle of the lane to indicate their presence. Bike riders should also be aware of their surroundings and anticipate potential hazards.
Q4. What compensation might you be entitled to if you are injured while cycling?
If you are injured while cycling, you may be entitled to compensation for your injuries. This could include medical expenses, lost income, and pain and suffering.
To claim compensation, you will need to show that the other driver was at fault for the accident. You will also need to provide documentation of your injuries and damages. An experienced personal injury lawyer can help you with this process and can advise you on your best course of action.
Q5. What should I do if the insurance company denies my claim?
- Immediately file an appeal with the insurance company.
- Send a certified letter to the insurance company stating that you are appealing their decision.
- Contact an attorney who specializes in insurance law.
- File a complaint with your state’s department of insurance.
- Sue the insurance company.
Q6. If the driver is uninsured and not at fault, who pays for my injuries?
There are a few options if the other driver is uninsured and at fault. You can file a claim with your own insurance company, sue the other driver in court, or try to negotiate a settlement yourself.
If you decide to file a claim with your own insurance company, they will investigate the accident and determine who is at fault. If they determine that the other driver is at fault, they will cover the damage that was caused as a result of the accident. However, if they determine that you are at fault, your rates may go up or you may be dropped from your policy. If you decide to sue the other driver in court, you will have to prove that they were at fault for the accident.
Q7. What steps to take if you’re in a hit-and-run bicycle accident?
If you have been involved in a hit-and-run bicycle accident, the most important step is to remain calm and get yourself and any other injured parties out of harm’s way. If possible, take pictures or videos of the scene before leaving.
Call 911 and make sure to provide as much information about the vehicle that struck you as possible (make/model, license plate number).
Next, seek medical attention for any injuries that were sustained in the accident. Once your health has been taken care of, contact your insurance provider to report the claim. Make sure to gather evidence such as witness statements or video recordings if available. Additionally, try to preserve any damaged items from the accident site for potential reimbursement later on.
Q8. Can I still file a claim if the accident happened outside Denver?
You may still be able to file a claim even if the accident did not occur in Denver. However, you would need to work with an attorney who is familiar with the legal process in that state.
At the very least, you should speak with a lawyer to get a better understanding of your rights and options. Many personal injury attorneys offer free consultations, so there is no harm in speaking with one to find out more.
Q9. How much does it cost to hire a bicycle accident lawyer?
The cost of hiring a bicycle accident lawyer can vary depending on the lawyer’s experience and fees. Typically, lawyers will charge an hourly rate or a contingency fee. An hourly rate can range from $100 to $400 per hour, while a contingency fee is typically 33% of the settlement amount. So, if the settlement is $10,000, the lawyer would receive $3,300.
Q10. How long do I have to speak to the insurance company after a bicycle accident?
It is important to contact your insurance company after a bicycle accident as soon as possible. The exact length of time you have to speak with the insurance company will depend on the specific policy and state laws, but generally, it’s best to notify your insurer within 24 hours or sooner.
When speaking with an insurance adjuster, be sure to provide accurate information about what happened in the accident and any damage that may have occurred. It’s also important for you to keep detailed records of all communication with the insurance company including phone calls, emails, and letters. This can help protect you if there are any disputes over coverage or payment amounts later.
It is wise to seek legal advice if needed at any stage in this process.
Q11. What are the laws around riding a bicycle on the sidewalks in Denver?
Denver law allows bicyclists to ride on the sidewalks unless there is a sign that specifically prohibits it.
However, bicyclists are required to yield the right of way to pedestrians, and they should use caution when riding on the sidewalks because there are often unexpected obstacles, like cars parked in driveways or people opening the doors of parked cars.
Q12. When should I contact the bike crash attorney?
If you’ve been injured in a bike crash, you should contact an attorney as soon as possible. There are important deadlines that must be met to preserve your legal rights, and an attorney can help make sure all of your paperwork is filed on time.
An experienced bike crash lawyer will know the ins and outs of the law and will be able to get you the best possible outcome in your case. They’ll handle all of the paperwork and negotiations with the insurance company, so you can focus on healing from your injuries.
Q13. Do bicyclists have a right to the road?
Cyclists have all of the same rights and responsibilities as motorists under Colorado law. This means that they are allowed to ride on all roadways, except limited-access highways, where bicycles are not permitted. Cyclists must obey the same traffic laws as motorists, including stopping at stop signs and red lights, yielding to pedestrians in crosswalks, and using hand signals when turning. If a cyclist is hit by a car while riding their bike, they may be able to bring a personal injury lawsuit against the driver.
Q14. Is there a statute of limitations for bicycle injury claims in Denver?
There is no specific statute of limitations for bicycle injury claims in Denver, but the general rule is that personal injury claims must be filed within two years of the date of the accident. There may be some exceptions to this rule depending on the specific facts and circumstances of your case.
It is always best to speak with an experienced personal injury lawyer to get a better understanding of your legal rights and options.
Get the Legal Help You Deserve After a Bike Accident
If you’ve been injured in a bike accident due to someone else’s negligence, it’s crucial to act quickly to protect your rights and seek the compensation you deserve. Navigating the aftermath of such an incident can be overwhelming, but you don’t have to face it alone. Our experienced bike accident attorneys at The Boyle Law Firm understand the complexities of bicycle injury claims and are dedicated to fighting for your best interests. Contact us now to schedule your free consultation and take the first step toward recovery and justice.
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