Weld County Bicycle Accident Lawyer
Bike riders are among the most vulnerable people on Weld County roads and streets. A simple nudge from a car or truck could be enough to send you falling to the pavement, and collisions at higher speeds could have catastrophic consequences that may include broken bones, separated joints, or severe head injuries.
Fortunately, if you have been injured in this way, you may have the right to collect compensation. Under Colorado state law, at-fault drivers in bicycle accidents may have an obligation to provide payments to their victims for medical bills, lost earnings, and emotional trauma.
A Weld County bicycle accident lawyer could help you pursue this compensation by working on your behalf to demonstrate that your injuries came as a result of the negligence of another person. All the while, a seasoned personal injury attorney could help preserve your claim from aggressive insurance companies. En Español.
The Rights of Bicyclists
Bike riders in Weld County enjoy all the same rights and privileges on the road as other travelers. Also, state law requires all bike riders to follow the same rules of the road as all other people. As a result, the legal dynamics following a bicycle accident are very similar to those that follow a car accident.
For example, all other motorists must yield to bicyclists who have the right of way. In addition, drivers must also properly signal to indicate a pending turn and refrain from speeding in a way that places a bike rider in danger. A failure to adhere to any of these requirements could constitute legal negligence.
A negligent driver can be held responsible to provide compensation to their victims for all their losses. A plaintiff’s status as a bike rider could also magnify their losses. Still, the law states that a defendant must take their plaintiffs as they come, meaning they may never use the argument that a plaintiff’s status as a bike rider absolves them of liability. A Weld County bicycle accident lawyer could help an injured bicyclist understand their rights in this regard.
Pursuing Claims in Settlement Talks and in Court
Most bicycle accident cases in Weld County utilize the legal cause of action called negligence. A defendant may be considered negligent if their carelessness or recklessness results in an injury to a protected person.
However, a plaintiff must be able to prove that a defendant’s actions directly caused their injuries through what is known as a breach of duty. Cases involving speeding, texting while driving, and even driving while intoxicated are all prominent examples of a driver violating their duty of care to keep other people on the road safe.
In more nuanced cases, defendants may attempt to shift some of the blame for the accident onto the bicyclist. According to Colorado Revised Statutes §13-21-111, a court may apportion blame in a negligence case according to the percentage of fault that they find each party to carry. Under this principle of comparative negligence, a plaintiff found 40 percent at fault for an accident may have their recoverable damages proportionately reduced by 40 percent.
This same dynamic plays into settlement negotiations. It is a rare case where a defendant’s insurance company would admit total fault, so they may argue that a plaintiff’s own actions at least partially caused their losses. An experienced lawyer could help place the blame for a victim’s injuries upon the negligent driver during settlement talks and at trial.
A Weld County Bicycle Accident Attorney Could Help Protect Injured Bicyclists
It is a fact that bike riders in Weld County enjoy all the same legal protections as any other traveler. Still, this does not stop many drivers from disrespecting bicyclists by failing to yield or operating in an otherwise reckless manner. This leads to many preventable injuries that carry serious legal ramifications.
A Weld County bicycle accident lawyer could help you pursue a case to its conclusion if another person’s actions caused your injuries, from demanding proper compensation in settlement talks to presenting arguments in court. There is a limited time to file a claim, so call today to start working on yours.