Who Is Usually At Fault If a Bicycle Is Involved in an Accident?

In a state where bicycles are a common site, bicycle accidents can not help but become more frequent. Many of these accidents result in serious injury. Tragically, some are fatal as well. In fact, according to CDOT, 2023—the latest year for which full statistics are available—saw a 30% increase in fatal bicycle accidents in Colorado. Remarkably, this follows 2022, the year that saw more fatal bicycle accidents than any year on record to date. But even still, only a handful of bicycle accidents are fatal.

There are thousands of non-fatal injuries reported in bicycle accidents in Colorado every year, though the actual number may not be known. Research has found that bicycle accidents are often unreported, with as many as 46% potentially flying under the radar.

Common bicycle accident injuries include:

• Brain Injury
• Spinal Cord Injury
• Broken/Pulverized Bones
• Disfigurement
• Internal Organ Damage

These injuries can vary in severity, potentially requiring both immediate and long-term medical intervention, making it impossible to work, and altering your ability to live the life you prefer. When facing these types of consequences, it is important to speak with a bicycle accident lawyer who can assess your claim, determine who is at fault, and help you decide how to seek compensation. With more than 25 experienced and qualified attorneys, Burg Simpson is here to help.

To schedule a FREE case review with an experienced Denver bicycle accident lawyer, call Burg Simpson at 303-792-5595 today. Located in Denver, Burg Simpson welcomes injured cyclists from Northern Colorado, the Front Range, and all nearby areas of the state.

Leading Causes of Bicycle Accidents

Bicycle accidents can occur due to a variety of factors. There may even be a combination of circumstances that create hazardous conditions for cyclists. Understanding the cause of your bicycle accident is essential for figuring out how to seek compensation.

Some of the most common causes of bicycle accidents in Colorado are:

Driver Negligence

One of the primary causes of bicycle accidents is driver negligence. This includes behaviors such as:

• Distracted Driving. With the rise of smartphones and in-car technology, distracted driving has become a significant problem in Colorado. Drivers who are texting, using GPS, or even adjusting temperature controls may not see a cyclist until it is too late. The National Safety Council suggests that distraction plays a role in just under 10% of all fatal bicycle accidents.
• Failure to Yield. Drivers who fail to yield the right-of-way to cyclists are a leading cause of bicycle accidents. Intersections are particularly dangerous for cyclists. Nearly 40% of all bicycle accidents occur at intersections.
• Speeding. Excessive speeds reduce a driver’s reaction time and increase the risk of severe injury for cyclists. Speeding was a factor in approximately 26% of all traffic-related fatalities—including those involving cyclists—in 2022.

Poor Road Conditions

Poor road conditions are another major cause of bicycle accidents. These include:

• Potholes and Debris. Road defects like potholes, loose gravel, or debris can cause a cyclist to lose control and crash. Urban areas, where road maintenance may be inconsistent, see higher incidences of these types of incidents.
• Inadequate Signage. A lack of proper signage or unclear road markings can confuse both drivers and cyclists, leading to dangerous situations. For instance, poorly marked bike lanes can result in cyclists inadvertently entering the path of a motor vehicle.

Weather Conditions

Weather plays a significant role in bicycle accidents, particularly in Colorado, where weather conditions can change rapidly and in the extreme. Issues that increase the risk of an accident include:

• Rain. Wet roads reduce tire traction and make it more difficult for cyclists and drivers to stop quickly. Rain also decreases visibility, making it harder for drivers to see cyclists.
• Fog. Fog obscures visibility, making it very hard for drivers and cyclists to see each other. This is especially dangerous in areas where lighting is inadequate.
• Ice and Snow. Snow and ice create slippery conditions that are hazardous to cyclists. Even a minor slip can lead to severe injury when a cyclist falls into traffic or onto hard surfaces.

Cyclist Error

Cyclists can also contribute to bicycle accidents through errors such as:

• Riding Against Traffic. Riding against the flow of traffic is a common mistake that can significantly increase the risk of a head-on collision.
• Failing to Signal. Cyclists who do not signal their intentions can catch drivers off guard, leading to accidents.
• Disobeying Traffic Laws. Cyclists who run red lights or stop signs, or who fail to follow other traffic laws, put themselves at higher risk for accidents.

It is important to remember that the Colorado Safety Stop bill, which was signed into law in 2022, allows cyclists to proceed through red lights and stop signs without making a complete stop so long as there is no cross traffic. However, the onus is on the cyclist to slow down sufficiently enough to see oncoming traffic.

How Is Fault Established After a Bicycle Accident?

Determining who is liable for a bicycle accident often requires an investigation. This is where a Denver bicycle accident lawyer can prove indispensable. The results of this investigation may play a decisive role in how compensation is sought.

Depending on the specifics of your case, your attorney may analyze several pieces of evidence, including:

• Police Reports
• Surveillance and Dashcam Footage
• Eyewitness Testimony

Any evidence you can provide to your lawyer will help establish liability for your bicycle accident. This may include photos taken at the scene, your account of events, your medical bills and records, and anything else you have collected that may help to prove fault. This is an essential step for securing compensation, especially when dealing with insurance companies who may try and shift the blame. However, not all law firms are equally equipped to handle these cases. Your choice of Denver bicycle accident lawyer will also influence the outcome of your case.

Why Trust Burg Simpson With Your Bicycle Accident Claim?

Burg Simpson has more than 45 years of experience handling personal injury cases, including bicycle accidents. Our award-winning lawyers understand the unique challenges that cyclists face in Colorado and are committed to protecting the rights and improving the safety of bicycle riders throughout the state. While only around 2% of Colorado residents bike commute, nearly 75% of residents own a bicycle. Safer streets and justice for injured cyclists help to further efforts that can—hopefully—reduce these events in the future.

The attorneys at Burg Simpson have secured over $2 billion in damages for our clients through personalized attention, thorough case-building, and relentless advocacy. When you choose our firm, you are selecting a law firm with the resources and experience needed to secure the compensation you deserve, even in complex cases. We strongly encourage you to reach out today to discuss your case with a qualified attorney and learn more about your options and rights.

Contact a Denver Bicycle Accident Lawyer for FREE

If you or someone you love has been injured in a bicycle accident, we are here to help. Contact Burg Simpson today to schedule a FREE and confidential consultation with an experienced Denver bicycle accident lawyer.

Familiar with Colorado traffic and personal injury laws, our firm has helped countless cyclists seek justice after an accident. We welcome clients from all areas of Colorado, including bicycle-friendly cities such as Boulder, Fort Collins, Louisville, Crested Butte, and Metro communities such as Englewood and Wheat Ridge.