Boulder Bicycle Accident Lawyer
Many people living in the Boulder, CO, area enjoy riding bikes. Some enjoy biking for exercise, while others enjoy the outdoors on their bikes when the weather is agreeable. Unfortunately, while most bicyclists can ride without issue, others experience bicycle accidents due to the negligence of others. Whenever a motor vehicle collides with a bicycle, the rider will likely sustain severe injuries, even if the accident occurred at low to moderate speed.
Legal Representation for Boulder, CO, Bicycle Accident Victims
If you or someone you love has been hurt in a bicycle accident caused by another party, you need to know your options for legal recourse and the value an experienced Boulder bicycle accident attorney can offer your case. The Law Firm of Jeremy Rosenthal has assisted many past clients in complex personal injury claims in Boulder, including bicycle accident claims for substantial damages. We can leverage this experience on your behalf to enhance the recovery you obtain from a personal injury claim.
Benefits of Legal Counsel for a Boulder, CO, Bicycle Accident Case
It’s technically possible for a bicycle accident victim to file a personal injury claim on their own; there is no legal requirement to hire an attorney. However, some potential plaintiffs believe they cannot afford to hire legal counsel for their cases, and this, unfortunately, deters many victims from taking legal action swiftly enough after their accidents. The Law Firm of Jeremy Rosenthal offers personal injury clients representation on a contingency fee basis. This means our clients pay no upfront legal fees and only pay legal fees once we win their cases. The contingency fee is a percentage of the final case award, ensuring the client receives an appropriate recovery.
Your Boulder bicycle accident lawyer will be instrumental in gathering the evidence to establish fault for your damages. Depending on how and where your accident occurred, important evidence in your case may include eyewitness testimony, traffic camera recordings, and the alleged defendant’s cell phone records. In addition, your attorney will advise you on how they plan to prove liability for your damages. More than one party can bear fault for a personal injury, and a plaintiff could face comparative negligence if they contributed to causing the accident. Therefore, an experienced attorney will be crucial for resolving disputes regarding liability and proving their client’s claimable damages.
Many personal injury plaintiffs are surprised to learn their cases are worth more than expected once they have legal counsel advising them. While the average person may account for straightforward damages like hospital bills and property damage on their own, they may not know how to hold a defendant accountable for more complex or long-term damages such as ongoing medical care and lost earning capacity.
Ultimately, hiring an experienced Boulder bicycle accident attorney to handle your case means you can recover with peace of mind, knowing your case is in capable hands. You will not only be more likely to succeed with your civil action, but your attorney will also likely recover far more compensation than you could have obtained on your own. The Law Firm of Jeremy Rosenthal provides comprehensive, client-focused personal injury representation that seeks maximum client recovery. We’ll help you determine the most efficient strategy for obtaining the compensation you need to recover as fully as possible from your bicycle accident.
Common Causes of Bicycle Accident Claims in Boulder, CO
When a bicyclist sustains injuries in an accident another driver causes, the injured cyclist must prove fault to hold the at-fault party accountable for their damages. Some of the most common causes of bicycle accidents in Boulder, CO, that ultimately lead to personal injury claims are:
- Distracted driving, the leading cause of all vehicle accidents in the United States. A momentary lapse of attention to the road can easily cause a driver to miss a bicyclist and avoid a crash.
- Driving under the influence (DUI) of drugs or alcohol. This will lead to criminal prosecution of the at-fault driver as they face civil claims for damages from anyone they injured.
- Speeding, which reduces the time a driver has to react to a bicyclist they suddenly notice or another change in traffic conditions.
- Moving violations, such as failure to navigate intersections correctly, performing illegal turns, or failing to stop at stop signs or red lights, can easily result in bicycle accidents.
Your Boulder bicycle accident attorney can review the initial police report of the accident and help you determine the best way to determine fault for the incident. Ideally, the defendant stopped after the accident and assumed responsibility for their actions. However, many personal injury claims involve disputes over liability and claimable damages. Therefore, it’s important to have legal counsel you can trust to guide you through the difficult proceedings that may follow the initial aftermath of your accident.
Success with your claim demands that you prove that the defendant breached their duty of care in some fashion and directly caused your damages. You must provide a complete list of all the economic damages you suffered and the amount of non-economic damages you expect. You must also prove that your damages are the direct result of the defendant’s actions.
Damages and Compensation for Bicycle Accident Victims
An experienced Boulder bicycle accident attorney can help you assess the true value of your personal injury claim. Colorado law imposes restrictions that may influence your final recovery, but a good lawyer does everything they can to maximize their client’s claimable damages. In Colorado, a personal injury plaintiff has the right to seek full compensation for economic damages, including:
- Medical treatment costs. Bicycle accidents can easily cause catastrophic injuries, some of which require extensive ongoing treatment and rehabilitation. Therefore, the plaintiff in a bicycle accident claim can seek full repayment of all their medical expenses resulting from the accident, including anticipated future treatment costs.
- Lost income. The victim of a bicycle accident may sustain injuries severe enough that they cannot work until they recover. The defendant is responsible for the income lost during this time. Additionally, if the victim cannot work at all in the future due to a disability acquired from the accident, the defendant is liable for their lost earning capacity.
- Property damage. A bicycle accident is likely to result in the total loss of the bike, and the defendant is responsible for replacing it. Additionally, if the plaintiff lost any other personal belongings in the crash, they could include repair and replacement costs.
An experienced Boulder bicycle accident lawyer can assist you in calculating the full range of economic damages you can list in your personal injury claim, gathering any documentation required to substantiate your damages. Beyond your economic losses, you also have the right to compensation for the traumatic experience you endured and the pain your injuries caused.
Non-economic damages include a plaintiff’s pain and suffering. For example, some bicycle accidents cause catastrophic and life-changing injuries that permanently diminish the victim’s quality of life and ability to live independently. However, Colorado state law restricts non-economic damages in personal injury claims to $250,000. This cap increases to $500,000 with clear and convincing evidence, and a judge may award additional compensation to a plaintiff at their discretion. In addition, a judge may decide that the severity of a plaintiff’s condition after a bicycle accident requires more extensive compensation.
Ultimately, the potential value of any personal injury case hinges on multiple factors, not all of which a plaintiff may address unassisted. Therefore, the best way to approach any personal injury claim in Boulder, CO, is with the help of an attorney. The right legal team handling your case means a greater chance of successfully obtaining compensation for your losses as efficiently as possible.
Resolving Your Bicycle Accident Claim in Boulder, CO
Most personal injury cases filed each year in Colorado end in a private settlement. A plaintiff and a defendant involved in a civil case can avoid litigation time, stress, and expense if they can reach a mutually agreeable resolution through private negotiation. For example, if the defendant accepts responsibility for the bicycle accident and agrees to negotiate, the plaintiff’s attorney can assist them in securing a fair outcome, potentially in as little as a few weeks following the initial case filing.
Alternatively, a defendant could dispute their liability or assert comparative fault against the plaintiff. They could also accept liability but argue against the scope of damages sought by the plaintiff. When the parties involved in a personal injury case cannot reach a privately negotiated resolution, the case must proceed to a trial, and a civil court judge will have the final say on the case’s outcome.
Your Boulder bicycle accident attorney can provide ongoing support and guidance no matter how your case unfolds. When you choose the Law Firm of Jeremy Rosenthal to represent your claim, we will strive to settle the case as quickly as possible by compiling solid proof of liability and a clear review of your damages for the defendant. However, if a settlement isn’t possible, or if negotiations with the defendant fail for any reason, we’ll take your case to trial and provide ongoing guidance through protracted litigation. Our goal is to help you get the best result possible by effectively leveraging the unique aspects of your case.
Bicycle Accident FAQs
Q: Can a Cyclist Be at Fault for a Bicycle Accident?
A: While a driver has a higher duty of care than a cyclist due to the more dangerous nature of their vehicle, a bicyclist can cause an accident or bear partial liability for an accident. If the plaintiff bears partial fault, the judge overseeing their case assigns a fault percentage, and then the plaintiff loses this percentage of their case award. A plaintiff cannot seek compensation for damages if their fault exceeds that of the defendant.
Q: What Are the Most Common Bicycle Accident Injuries?
A: Traumatic brain injuries are some of Colorado’s most commonly reported bicycle accident injuries. It’s also possible for victims to sustain severe bone fractures, crushing injuries, facial damage, spinal injury, and a host of other wounds. In addition, many bicycle accident victims sustain multiple severe injuries that demand immediate medical attention and involve difficult recovery treatments.
Q: Who Is at Fault for a “Dooring” Accident?
A: “Dooring” occurs when a driver parked along a bike lane opens their door directly in the path of an oncoming bicyclist. In these situations, the drivers opening their doors without looking are likely to bear fault for the resulting damages. However, a bicyclist can face liability if they have time to avoid a dooring accident but are not paying attention.
Q: Can a Bicyclist File a Claim Against My Auto Insurance?
A: If you cause a bicycle accident, your liability insurance coverage would likely apply as it would qualify as a vehicle accident. Insurance is typically the first step in resolving any vehicle accident dispute, and it’s possible for an insurance claim to fully compensate a victim who only sustained minimal losses. However, if the at-fault driver’s insurance cannot fully cover the victim’s losses, the victim can pursue a civil claim to recover the remainder.
Q: Is It Worth Hiring a Boulder Bicycle Accident Lawyer?
A: Legal counsel you can trust is an invaluable asset for any personal injury case in Boulder, CO. The right attorney will make it much easier to handle the procedural aspects of your case, filing case proceedings on your behalf and ensuring the case meets all applicable deadlines. They can also enhance your final recovery by exposing channels of compensation you may not have considered. The difference in the outcome of your case can easily cover the cost of hiring your attorney.
The Law Firm of Jeremy Rosenthal offers extensive personal injury experience to victims of bicycle accidents in the Boulder, CO, area. Our firm has successfully represented clients in a wide range of personal injury cases and can leverage this experience on your behalf. We understand the stress and uncertainty that can follow any bicycle accident and want to provide the answers you need to your most pressing legal questions. To schedule your consultation with an experienced Boulder bicycle accident lawyer, contact the Law Firm of Jeremy Rosenthal today.