Unfortunately, bicycle accidents are not uncommon and can result in serious injuries. If you suffered injuries in a bike accident in Boulder, you could have the right to bring a claim for damages. Pursuing a personal injury claim can be complicated, which is why you need a legal advocate on your side. If you believe someone else is at fault for your injuries, don’t hesitate to contact an experienced Boulder bicycle accident lawyer.
Common Causes of Bicycle Accidents in Boulder
Boulder is known for being a bike-friendly city, but accidents still happen due to various factors. Understanding the following causes of accidents can help cyclists stay vigilant and pursue legal recourse when necessary:
- Driver negligence, including distracted driving, speeding, and failing to yield to bicyclists;
- Dooring accidents, which occur when drivers open car doors into the path of a cyclist;
- Poor road conditions, such as potholes, cracked pavement, and poorly designed bike lanes; and
- Defective bicycle parts, including malfunctioning brakes, faulty tires, or other mechanical issues.
Regardless of the cause, you may be entitled to financial recovery if negligence played a role in your accident. Identifying the specific cause of your accident is a crucial step in building a strong claim. An experienced attorney can help gather evidence, determine liability, and pursue compensation for your injuries.
What to Do After a Bicycle Accident
Taking the right steps after a bicycle accident can protect your health and legal rights. Following these actions can strengthen your claim and ensure you receive the necessary support:
- Seek medical attention. Even if injuries seem minor, get a medical evaluation to document potential complications.
- Call the police. Request a police report to establish an official record of the incident.
- Gather evidence. Take photos of the accident scene, injuries, and damaged property.
- Obtain witness information. Collect names and contact details from bystanders who saw the accident.
- Avoid speaking with insurance companies. Do not admit fault or provide recorded statements without consulting an attorney.
- Consult a bicycle accident attorney in Boulder. Legal guidance ensures that you receive full compensation for your damages.
Each step is critical in protecting your rights and moving your case in the right direction. However, it is natural to feel overwhelmed after a bicycle accident. Partnering with a Boulder personal injury attorney can help you navigate these steps.
What to Know About Pursuing a Bicycle Accident Claim
Personal injury cases can take time, especially in cases involving severe injuries. In the event of a bike accident death, surviving family members can file a wrongful death lawsuit. This type of case can take even longer to resolve than other bicycle accident claims.
If your claim involves a road defect where a government entity shares responsibility, you might only have six months to file an administrative claim. You must put the government agency on notice by the deadline, or you risk losing your right to file a lawsuit for damages.
How Can a Boulder Bicycle Accident Attorney Help?
If you suffered an injury in a bicycle accident, you may be entitled to compensation for your losses. The legal process can be complex and confusing. A Boulder bicycle accident attorney can guide you through the legal process by providing the following assistance:
- Investigating the accident and collecting relevant evidence,
- Determining who is liable for the accident and your injuries,
- Calculating the compensation you may be entitled to,
- Negotiating with insurance companies to reach a settlement, and
- Taking your case to court if you cannot settle.
The legal team at The Ferrell Law Firm has the knowledge and experience necessary to advocate for your best interests and present the most compelling case possible.
Who Is Liable in a Bicycle Accident?
Liability depends on the specifics of the case. In most bicycle accident claims, the responsible party may include:
- Negligent driver—the driver violated traffic laws or drove recklessly;
- Government entity—the entity failed to maintain safe road conditions; and
- Bicycle manufacturer—a defective part contributed to the crash.
Depending on the complexity of your case, multiple parties may be liable for your damages. An attorney can assess and assign liability to the appropriate party and help determine the best way to hold them accountable.
What If I Was Partially at Fault for the Accident?
Colorado follows a modified comparative negligence rule. You may recover compensation if you were less than 50% at fault for the accident. However, your total compensation is reduced by your percentage of fault.
For example, if you were found to be 20% responsible for an accident and your damages totaled $100,000, you would receive $80,000 in compensation. Understanding your level of liability and how it impacts your claim is essential. Consulting an attorney can help ensure there are no unfair reductions to your compensation.
How Long Do I Have to File A Claim?
In Colorado, you have two years from the accident date to file a personal injury claim. Failing to file within this time frame may prevent you from recovering compensation.
However, certain factors could alter this deadline, such as if the injured party is a minor or if the accident involved a government entity. In these cases, different rules and shorter timeframes may apply.
Consulting a bicycle accident attorney in Boulder as soon as possible can help ensure you meet all filing deadlines and not miss your opportunity to pursue compensation.
What Compensation Can You Recover After a Bicycle Accident?
Bicycle accident victims may be entitled to different types of damages depending on the severity of their injuries and other factors.
Economic Damages
Economic damages cover tangible financial losses, including:
- Medical expenses—hospital stays, surgeries, physical therapy, and prescription medications;
- Lost wages—compensation for missed work and reduced future earning capacity; and
- Property damage—the cost of repairing or replacing a damaged bicycle and other personal belongings.
You can generally prove these losses by providing evidence, such as invoices, bills, paycheck stubs, and tax returns. Economic damages provide necessary financial relief, allowing injured individuals to focus on their recovery rather than worrying about expenses.
Noneconomic Damages
Noneconomic damages differ in that they compensate for intangible losses related to the accident, such as:
- Pain and suffering—physical pain and emotional distress from the accident;
- Loss of enjoyment of life—inability to participate in hobbies or daily activities; and
- Emotional distress—psychological impacts such as anxiety, post-traumatic stress disorder (PTSD), or depression.
Calculating noneconomic damages can be complex because they are more difficult to substantiate. An attorney can help ensure you receive fair compensation for these losses by securing the right type of evidence to prove your damages.
Punitive Damages
Courts may award punitive damages in cases involving extreme negligence or reckless behavior, such as a driver operating under the influence. These damages are not meant to compensate the victim directly but rather to penalize the at-fault party and deter similar conduct. An attorney can help determine whether your case involves extreme negligence and if punitive damages may apply.
Why Hire The Ferrell Law Firm?
When you meet with a lawyer at our firm, we’ll review the facts of your case and let you know whether you have a viable personal injury claim. Be prepared to answer pertinent questions and share details of your accident. That includes information about the following:
- The location and time of the accident,
- How the accident happened,
- The weather and road conditions,
- Any witnesses to the accident, and
- Any injuries or property damage you sustained.
We will use this information to determine if someone else was at fault for the accident and whether you have a valid case. If so, we can help you pursue a claim against the driver’s insurance company. Your lawyer will gather evidence to support your case, such as medical records, police reports, and witness statements. Your attorney will also handle all communication with the driver’s insurance company. That includes negotiating a potential settlement when it’s time.
Should the responsible party be unwilling to negotiate a fair settlement, we’ll file a lawsuit within the statute of limitations deadline and represent you in court. It’s common for the other party’s insurance company to deny your claim or offer a low settlement. That’s why hiring a Boulder bicycle accident lawyer is so important. Otherwise, you risk missing out on the total compensation you deserve.
Contact a Boulder Bicycle Accident Lawyer
When you need help recovering compensation for your injuries following a bicycle accident, The Ferrell Law Firm stands ready to help, and you will pay us nothing unless we win or settle your claim. We have years of personal injury experience, including bicycle accident cases. Please get in touch with our office today to schedule a consultation and learn more about how we can help.