Many people ride their bicycles every day through the Arvada area without issue, but it is possible for bicycle accidents to happen very suddenly for various reasons. When such accidents happen, injured bicyclists need to know their rights and their options for recovering their damages when other parties are responsible for hitting them. An Arvada bicycle accident lawyer is an ideal resource if you or a family member recently experienced such an incident.
The attorneys at Cheney Galluzzi & Howard have years of professional experience helping injured clients throughout Colorado with all types of difficult injury claims. Our firm has successfully represented many personal injury claims in Arvada, including those filed in response to bicycle accidents. We know how traumatic these incidents can be and that you may have many difficult questions regarding liability and compensation for your damages.
When you hire our firm as your legal counsel, you can have a responsive and compassionate legal advocate ready to address concerns, answer questions, and offer valuable guidance through every stage of your recovery efforts. We take time to learn as much as possible about every client we represent. That way, they can feel more confident about their legal options and the proceedings ahead of them. We approach every case with the goal of maximizing our client’s recovery.
The legal process of securing compensation for your losses after a bicycle accident typically begins with proving liability. Then, you can proceed with an auto insurance claim against the at-fault driver, followed by a personal injury claim when their insurance cannot fully cover your damages. Whatever your case entails, you can trust the team at Cheney Galluzzi & Howard to help you reach the optimal outcome in your recovery efforts.
Before you will be able to recover compensation for the damages you suffered in your recent bicycle accident, you must be ready to prove exactly how the accident happened and identify the driver responsible. Most bicycle accidents happen because of negligence, or the failure to use reasonable care in specific situations. Common examples of this are distracted driving, speeding, and moving violations, such as a failure to yield the right-of-way.
Illegal misconduct behind the wheel may also cause bicycle accidents. Driving under the influence (DUI) of alcohol or drugs is the most common example of this in Colorado, and the at-fault driver in this situation faces criminal charges, along with civil liability for the victim’s damages. Your Arvada bicycle accident lawyer can provide crucial help, as they can gather the evidence you need to firmly establish liability for your accident, including:
These could all aid in your efforts to prove fault for a bicycle accident in Arvada, CO. Once you have successfully established fault, a bike injury attorney is your most valuable resource for maximizing your recovery in an efficient manner.
Every driver in Colorado must have auto insurance that meets the state’s minimum coverage requirements for bodily injury liability coverage and property damage liability coverage. The injured claimant will need to submit their claim very soon after the accident, typically within a few days. An experienced Arvada bicycle accident lawyer can make this process easier and resolve any issues that the claimant encounters with an insurance carrier.
Once you submit your claim to an auto insurance carrier, they will investigate and then deliver a settlement offer. Your legal team is your most valuable asset for ensuring that you receive a fair settlement. However, even if you encounter no problems with filing your claim and receive the maximum compensation possible from the at-fault driver’s insurance, this still may not be enough to fully compensate for your losses, and you will need to prepare a personal injury claim.
If another party is responsible for harming you through any kind of negligence or illegal misconduct, you have the right to seek accountability for their actions and compensation for the resulting damages. Under Colorado law, the plaintiff in a bicycle accident claim has the right to seek compensation for any economic losses directly resulting from the defendant’s actions. These are likely to include:
Along with these economic damages, a plaintiff may also claim compensation for their pain and suffering. However, Colorado law limits pain and suffering compensation in most personal injury cases, even if a plaintiff has suffered catastrophic and permanently disabling injuries. Your Arvada bicycle accident lawyer can help you maximize this aspect of your recovery.
Success with your personal injury claim in Arvada requires:
In other words, you must prove that your claimed damages directly resulted from the plaintiff’s actions and not from any other cause.
A: Bicyclists have most of the same rights and responsibilities as motor vehicle drivers in Colorado. This means that, in some situations, a bicyclist has the right-of-way, whereas, in other situations, they must yield the right-of-way. A bicyclist riding on a sidewalk where it is legal to do so must yield to pedestrians, while vehicle drivers must yield the right-of-way to bicyclists in a bike lane.
A: It’s necessary to prove fault after a bicycle accident, just as it would be necessary after any other vehicle accident in Colorado. It is possible for fault to fall on one or more parties, and each liable party may have a fault percentage assigned to them. Colorado follows the modified comparative fault rule, so if a plaintiff is less than 50% at fault, they can still recover their damages. However, if they are 50% or more at fault, they cannot claim damages from another party.
A: Yes, it is possible for an at-fault driver to face criminal prosecution and incarceration, depending on how they caused a bicycle accident. If they broke any Colorado law in causing the accident, such as reckless driving or intoxicated driving, they not only face prosecution and various penalties if convicted, but those penalties are likely to increase significantly if their actions resulted in great bodily harm or the death of another person.
A: If you can prove that another party bears direct responsibility for causing your recent bicycle accident, they are liable for all resulting damages. Your final case award could include compensation for:
You may also claim pain and suffering compensation, but this is limited under Colorado law.
A: Most personal injury attorneys in Colorado accept cases on contingency. This means that the client is not required to pay any upfront legal fees to their attorney, and they only pay a fee after their attorney has won their case. The contingency fee is a percentage of the final case award, so there is no risk of the client paying their attorney more than they win in compensation for their damages.
The team at Cheney Galluzzi & Howard has extensive professional experience with a wide range of personal injury cases, including bicycle accident claims. We know how to assess the damages that you can claim from the driver who hit you. Our firm can streamline your case proceedings to shorten the time it takes for you to recover your damages. Contact us today and schedule your consultation with an Arvada bicycle accident lawyer to learn how we can help.