Johnstown Bicycle Accident Lawyer
Biking provides both transportation and recreation for Johnstown residents. Many months of the year are conducive to cycling, which combines exercise and a greener way to get around. However, because of their lightness and lack of enclosure, bicycles do not offer their riders a high degree of protection.
When cars and bicycles collide, the consequences can be disastrous. If you or someone dear to you has been involved in a bike accident, a Johnstown bicycle accident lawyer could help. An injury attorney could talk you through your options for monetary recovery, either through an insurance claim or in a personal injury lawsuit.
What are the Causes of Bike Accidents?
Bicyclists share the road with all kinds of vehicles on Johnstown roads. These include cars, trucks of all shapes and sizes, tractors, and motorcycles.
Congested roadways, traffic, darkness, and poor weather enhance the chance of a vehicle-bicycle collision. Some of the typical driver behaviors that lead to crashes include:
- Dangerous overtaking
- Speeding and reckless driving
- Failing to obey traffic and stop signs
- Failure to yield or signal
- Tailgating
- Drifting out of lane or off-road
- Driving while under the influence of alcohol or drugs
- Distracted driving
Accidents Resulting from Road or Path Maintenance Issues
In addition to car-related bicycle incidents, accidents can also result from unsafe bike path or road conditions. Maintenance responsibility may fall upon a private party or a government agency.
Since bicycles have ergonomic design intended for efficient travel, such as thin tires, they can suffer the effects of an inadequately maintained road. Some of the following road hazards may cause bike accidents:
- Potholes or cracked pavement
- Accumulated ice, snow, or standing water
- Inadequate lane lines or reflectors
- Untrimmed foliage
- Unmarked hazards
- Small shoulders or shoulder drop-offs
Note that if a road hazard causes injury and the responsible party is a governmental agency, special rules and limitations apply when seeking recovery from that entity due to its protected status.
What is Comparative Fault in Johnstown?
Potential plaintiffs should be aware of rules governing comparative fault in bicycle accident cases. If litigated in court, comparative fault can have a direct impact on the plaintiff’s monetary recovery.
Comparative fault is a way of apportioning blame amongst parties if more than one party was responsible for the accident. Colorado Revised Statutes § 13-21-111 governs Colorado’s “modified” comparative fault doctrine. It applies to negligence-based causes of action.
There are three critical points regarding comparative fault. First, a plaintiff may recover damages if they are less negligent than the defendant or combination of defendants collectively. In other words, if a plaintiff is found to be less than 50 percent at fault for the accident, they are permitted to collect.
Second, the court will reduce the amount of the award in proportion to the amount of negligence attributable to the plaintiff. Third, if the plaintiff’s fault is 50 percent or more, there will be a defense verdict, and the plaintiff will not receive any recovery. For more information, be sure to reach out to a Johnstown bicycle accident lawyer today.
Schedule a Consultation with a Johnstown Bicycle Accident Attorney
Following an accident, it can be challenging to regain your footing. Your life may be full of new hurdles that you never expected to face and are wondering how to handle.
While monetary payment cannot change what has happened, it can alleviate the stress of financial worries in the wake of an accident. Schedule a consultation with a Johnstown bicycle accident lawyer today to learn more about how you could seek compensation for your injuries.
