Can I Still File a Claim If I Wasn't Riding in a Bike Lane in Denver?

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Can I Still File a Claim If I Wasn’t Riding in a Bike Lane in Denver?

October 22, 2024

The short answer is yes, but the outcome of your claim will depend on various factors, including the circumstances of the accident.

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Riding a bicycle in Denver comes with risks. Whether due to safety concerns, road conditions, or simply convenience, you might wonder: Can I still file a claim if I wasn’t riding in the bike lane when I was involved in an accident? The short answer is yes, but the outcome of your claim will depend on various factors, including the circumstances of the accident and Colorado’s laws on comparative negligence.

In this article, we’ll explore Denver’s bike lane regulations, the implications of not using a bike lane, and how these factors can affect your personal injury claim. We’ll also discuss why having an experienced Denver bicycle accident attorney can be crucial in navigating the complexities of your case.

Table of Contents

How Common Are Denver Bicycle Accidents?

Approximately 9% of Denver’s commuters use bicycles as their primary mode of transportation. This is a notable increase from 6.6% in 2016, reflecting a growing interest in biking as a means of commuting and recreation. Additionally, many Denver residents use bicycles for recreational purposes, especially given the city’s extensive network of bike lanes and trails.

In 2023, Denver reported around 270 bicycle accidents, with over half resulting in injuries. Statewide, Colorado saw a 33% increase in cycling-related fatalities, making it one of the deadliest years for cyclists in the past decade. These statistics emphasize the risks cyclists face and the importance of knowing your legal rights in the event of an accident.

Understanding Bike Lane Rules in Denver

Denver has an extensive network of bike lanes, designed to provide a safer space for cyclists and encourage the use of non-motorized transportation. However, cyclists are not legally required to use bike lanes at all times. Under Colorado law, cyclists have the right to use the roadway just like motor vehicles, and in some instances, they may choose to ride outside of a bike lane for safety or practical reasons.

Colorado Revised Statutes Section 42-4-1412 governs bicycle use and requires cyclists to ride as close as practicable to the right-hand side of the road, but it does not mandate bike lane usage. There are several scenarios where riding outside of the bike lane is legally permissible, including:

Avoiding Obstacles: If the bike lane is blocked by debris, parked cars, or other hazards.
Making Turns: When preparing for a left turn or merging with traffic.
Avoiding Unsafe Conditions: When the bike lane is too narrow for safe riding, or when road conditions are unsafe.
Passing Another Cyclist or Vehicle: If another cyclist or vehicle is moving at a slower speed, it may be safer to leave the bike lane temporarily.

The law recognizes that cyclists sometimes need to leave the bike lane for their safety or to comply with traffic rules. Therefore, the mere fact that you were not in the bike lane does not automatically prevent you from filing a claim.

Can You File a Claim If You Weren’t in the Bike Lane?

Yes, you can still file a personal injury claim if you were involved in a bicycle accident while not riding in a designated bike lane. Colorado follows a modified comparative negligence rule, which allows you to seek compensation even if you are partially at fault for the accident—as long as your fault does not exceed 50%.

However, not being in the bike lane at the time of the accident could be used as evidence against you by the opposing party or their insurance company. They may argue that your decision to ride outside of the bike lane contributed to the accident, thereby reducing your potential compensation. This is why it’s crucial to understand how comparative negligence works in Colorado and how it might impact your case.

How Comparative Negligence Affects Your Claim

Under Colorado’s modified comparative negligence system, your compensation may be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault for the accident and your total damages amount to $100,000, you would only be eligible to recover $80,000. If you are found to be 51% or more at fault, you would be barred from recovering any compensation.

In the context of not using a bike lane, the opposing party might argue that you acted negligently by riding in the roadway instead of the bike lane, especially if the bike lane was available and safe to use. However, this argument must be backed by evidence, and the specifics of each case will play a crucial role in determining fault.

What Factors Are Considered When Determining Fault?

Determining fault in a bicycle accident case where the cyclist wasn’t in the bike lane involves a detailed investigation of several factors. These factors may include:

Road Conditions: If the bike lane was obstructed or unsafe to use, it might justify your decision to ride in the road.
Actions of Other Parties: The behavior of the driver involved in the accident is a key factor. If the driver was speeding, distracted, or violated traffic laws, it could overshadow the fact that you weren’t in the bike lane.
Location of the Accident: If the accident occurred while you were making a legal turn or avoiding a hazard, this could mitigate your level of fault.
Witness Testimonies and Video Evidence: Testimonies from witnesses or video footage from nearby cameras can provide insight into how the accident happened and whether your actions were reasonable under the circumstances.

The goal in these cases is to establish that you took reasonable steps for your safety and that the driver’s negligence was the primary cause of the accident.

Steps to Take After a Bicycle Accident in Denver

If you’ve been in a bicycle accident, taking the right steps can significantly impact the outcome of your claim. Even if you weren’t riding in a bike lane, following these steps will help protect your legal rights and strengthen your case:

Seek Immediate Medical Attention: Your health is the top priority. Even if your injuries seem minor, get a thorough medical evaluation. Some injuries, like concussions or internal bleeding, might not show symptoms immediately.
Report the Accident to Law Enforcement: Contact the police and file a report. Make sure the report includes all relevant details, such as your position on the road, the presence of any road hazards, and the behavior of the driver.
Document the Scene: Take photos of the accident scene, your bike, any visible injuries, and the surrounding area. This can serve as valuable evidence if the driver or their insurer disputes your version of events.
Gather Witness Information: If there were any witnesses to the accident, obtain their contact information. Their statements can support your claim, especially if the other party alleges that you were at fault.
Avoid Discussing Fault: Do not admit fault or discuss the details of the accident with the other party or their insurance company. Even casual comments can be used against you.
Consult a Denver Bicycle Accident Attorney: Given the complexities of bicycle accident claims and the nuances of comparative negligence, it’s best to consult an experienced attorney. They can help you understand your rights, build a strong case, and negotiate with insurance companies on your behalf.

Common Defenses You Might Face When Filing a Claim

When pursuing a claim for a bicycle accident, it’s important to be aware of the defenses you might encounter, particularly if you weren’t in the bike lane. These defenses can include:

Contributory Negligence: The driver or their insurer may argue that you were partially or fully responsible for the accident by choosing not to use the bike lane.
Failure to Follow Traffic Laws: The opposing party might claim that you were not following traffic laws applicable to cyclists, such as failing to yield or riding against traffic.
Assumption of Risk: They may argue that by not using the bike lane, you assumed the risk of riding in the roadway and are therefore not entitled to full compensation.

An experienced Denver bicycle accident attorney can help counter these arguments by demonstrating that your actions were reasonable and necessary under the circumstances.

Why Expert Guidance from a Denver Bicycle Accident Attorney Matters

Dealing with the aftermath of a bicycle accident can be overwhelming, especially if you’re recovering from injuries. The legal process is complex, and insurance companies often aim to minimize payouts. Having an experienced attorney by your side can make all the difference in achieving a favorable outcome.

A Denver bicycle accident attorney can help you:

Gather and Analyze Evidence: An experienced lawyer will know what evidence is crucial and how to obtain it. This includes traffic camera footage, witness statements, and expert testimonies.
Navigate the Legal Process: From filing claims to negotiating settlements, your attorney will handle all the legal aspects of your case, allowing you to focus on your recovery.
Negotiate with Insurance Companies: Insurance adjusters are trained to reduce payouts. A Denver bicycle accident attorney can ensure you receive the compensation you deserve by pushing back against lowball offers and unfair tactics.
Prove Liability: Your Denver bicycle accident attorney will work to prove that the other party’s negligence was the primary cause of the accident, even if you weren’t in the bike lane.

Contact Denver Personal Injury Lawyers® for a Free Consultation

If you’ve been injured in a bicycle accident and weren’t riding in the bike lane, it’s important to seek legal advice as soon as possible. At Denver Personal Injury Lawyers®, we have extensive experience handling complex bicycle accident cases and understand how to navigate Colorado’s comparative negligence laws.

Our firm is dedicated to protecting the rights of injured cyclists and ensuring they receive the compensation they deserve. With a proven track record of success, we have recovered millions of dollars for accident victims throughout Denver and the surrounding areas.

Contact us today for a free, no-obligation consultation.

We’ll review your case, answer your questions, and provide you with the expert guidance you need to make informed decisions. Call us or fill out the contact form on our website to get started. Let us put our expertise and commitment to work for you, so you can focus on your recovery.

Making a Difference in the Lives of the People of Denver

If you or a loved one has been seriously injured in an accident, we are here to help. As Denver Personal Injury Lawyers, you are our priority, we listen to your needs and provide individual attention from start to finish. Through persistence, experience, and legal expertise, we handle the insurance companies and medical providers so that you can focus on recovering.

For more information please contact us at Denver Personal Injury Lawyers® to schedule a free consultation with an attorney today. We have five convenient locations in Denver and its surrounding areas to better serve you.

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Denver, CO 80204

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