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Bicycle lane on a Brighton, Colorado road. CGH Injury Lawyers represents cyclists injured in Brighton and Adams County from our Denver office.
Brighton, Colorado

Brighton Bicycle Accident Lawyers Who Push Back When the Insurer Blames the Rider

A crash on the Brighton Memorial Parkway, at a Bromley Lane crossing, or along the South Platte River Trail can leave a rider with injuries that take months to understand and an insurance company that has already decided the cyclist was at fault. We serve Brighton and all of Adams County from our Denver office.

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If a driver hit you while you were riding in Brighton, the next few weeks are going to feel unfair. You're hurt, your bike is wrecked, and someone from an insurance company is being very friendly on the phone while they look for a reason to pay you less. Meanwhile, you're the one with the road rash and the missed shifts.

What this page covers

  • The Colorado laws that decide fault in a bicycle crash
  • Brighton's trails and where they meet the road
  • What to do in the days after a crash
  • What Colorado law allows you to recover
  • The deadlines that can end a claim
  • Answers to the questions riders ask first

Key takeaways

  • Colorado gives you the same rights on a bike that a driver has in a car. Riding a bicycle carries "all of the rights and duties applicable to the driver of any other vehicle."
  • A driver overtaking you must leave at least three feet of space. That's a statute, not a courtesy.
  • The Safety Stop law lets a covered rider treat a stop sign as a yield in defined conditions. It reaches riders 15 or older and riders under fifteen accompanied by an adult.
  • Being partly at fault does not automatically end your claim in Colorado, but at 50 percent or more it does.
  • A claim against a public entity carries a separate and much shorter deadline than a claim against a driver.

This page explains what Colorado law actually says about your situation, in plain words. It covers who has the right of way, what the Safety Stop law does, how being partly at fault affects a claim, and the deadlines that can end a case before it starts. If you'd rather talk to a person, CGH Injury Lawyers answers at (303) 209-9395, and you can reach us through the contact page.

Colorado law for Brighton cyclists

The Safety Stop and why insurers get it wrong

If an adjuster has told you that you ran a stop sign, read this section before you accept it. The Safety Stop law lets a covered rider treat a stop sign as a yield in defined conditions, and it is one of the most misused statutes in a Brighton bicycle crash claim.

At stop signs

  • At a stop sign, a covered rider may "slow down and, if required for safety, stop before entering the intersection."
  • If a stop is not required for safety, the pedestrian or person operating a low-speed conveyance shall slow to a reasonable speed and yield the right-of-way to any traffic or pedestrian in or approaching the intersection.
  • The statute defines a reasonable speed as "ten miles per hour or less," and a municipality may raise that to 20 with posted signs.
  • Having yielded, the rider may "cautiously make a turn or proceed through the intersection without stopping."

At red lights

  • At a red light the rule is stricter.
  • The rider must "stop before entering the intersection and shall yield to all other traffic and pedestrians," and may then proceed straight or turn right.
  • Left turns on red are not permitted except onto a one-way street.

Why the issue matters to your claim

The rule reaches riders 15 or older, and also a rider "who is under fifteen years of age and accompanied by an adult." So a younger rider out with a parent is covered too, worth knowing before an insurer argues otherwise.

An adjuster who says you ran a stop sign may be described as "pedestrian conduct" that the legislature specifically made lawful. Whether the Safety Stop applies turns on your age and whether you were accompanied, your speed, and whether a stop was required for safety, questions about your particular crash, which is exactly why they get argued about.

Driver duties toward cyclists

The Colorado laws that decide a Brighton bicycle claim

Four Colorado statutes do most of the work in a bicycle claim. Here's what each one says and where it bites.

  1. You have the rights of a vehicle

    Colorado law states that "a person riding a bicycle, an electric-assisted bicycle, or an electric scooter has all of the rights and duties applicable to the driver of any other vehicle under this article 4." You're traffic. A driver who treats you as an obstacle in traffic is misapplying the law.

  2. The three-foot passing rule

    Colorado requires that "the driver of a motor vehicle overtaking a bicyclist proceeding in the same direction shall allow the bicyclist at least a three-foot separation between the right side of the driver's vehicle, including all mirrors or other projections, and the left side of the bicyclist at all times."

    Three feet, measured to the mirrors, must be maintained at all times. On a road like Bromley Lane with traffic moving at speed and limited shoulder, a driver squeezing past inside that margin has broken a specific rule, and that matters to how fault gets assigned.

Where Brighton bike crashes happen

Brighton courts, trauma care, roads and trails

The City's own Transportation Master Plan describes Brighton's off-street trail inventory as having tripled since 1990 while remaining, in its words, "a fragmented system."

Courthouse

Adams County Justice Center, 17th Judicial District

Brighton is the seat of Adams County, and Adams County sits in the 17th Judicial District. Cases are heard at the Adams County Justice Center, 1100 Judicial Center Dr., Brighton, CO 80601.

Trauma Care

Platte Valley Medical Center

Platte Valley Medical Center is at 1600 Prairie Center Parkway, Brighton, Colorado 80601. After a crash involving a motor vehicle, being examined is worth it even if you feel able to ride away. A medical professional decides what needs checking, not you at the roadside. Medical records are part of how an injury gets connected to a crash, and a gap between the crash date and the first record is something you may be asked about.

Roads and Trails

Brighton's trails, and where they meet the road

The Brighton Memorial Parkway is a 3,600-foot asphalt bike and hike trail running from Bromley Lane to Southern Street in the southeast of the city. A mile of the South Platte River Trail has been built from Veterans Park to Bromley Lane, with trailheads and parking at Veterans Park and at Southern Street. A further half mile connects Benedict Park to Bromley Creek Park along the Fulton Ditch and on to Egbert Street, and a segment of the North Outfall Trail runs from the Fulton Ditch west toward Overland Trail Middle School.

The Brighton Memorial Parkway runs between Bromley Lane and Southern Street, and the South Platte River Trail segment ends at Bromley Lane, so those routes meet the road network at named streets. At a crossing, the rules in the section above stop being abstract: who had the right of way, whether the driver left three feet, and whether the safety stop applied to how you entered the intersection. If your crash happened at one of them, those are the questions your claim will turn on.

After the crash

What to do after a Brighton bicycle crash

These steps protect your health and preserve the evidence an insurer will later try to dispute. Photographs of where things ended up are often more useful later than anything anyone remembers.

  1. Call 911 and ask for police and medical response

    A police report records the basic facts while they are still fresh. It isn't the only evidence that can establish what happened (witnesses, photographs and video may all matter), but it is made at the scene, and that is hard to reproduce afterward.

  2. Get medical attention the same day

    Not next week. The record is what connects the injury to the crash.

  3. Photograph everything before the scene is cleared

    The vehicle and its position, your bike, the roadway, sight lines, any debris, and your injuries. Photographs of where things ended up are often more useful later than anything anyone remembers.

  4. Get names

    The driver, the insurer, and any witness. Witnesses leave quickly and are almost impossible to find afterward.

  5. Do not give a recorded statement to the driver's insurer

    You are not required to, and the questions are built to produce answers that reduce what you are paid. It is reasonable to say you will respond once you have spoken to a lawyer.

  6. Keep the bike and the gear

    Do not repair or throw away the bicycle, the helmet, or the clothing. They are physical evidence of the force involved.

Compensation

What Colorado law allows you to recover

Colorado law lets injured cyclists pursue two broad categories of compensation: economic losses you can document with records and receipts, and non-economic losses for the human cost of the injury.

Economic losses

  • Medical treatment
  • Future care
  • Lost income
  • Lost earning capacity
  • The bike itself
  • These are the items you can put receipts and records behind

Non-economic losses

  • Pain
  • Suffering
  • The effect on how you live
  • Colorado limits these

Colorado's limit on non-economic damages

Pain, suffering, and the effect on how you live. Colorado limits these. For civil actions filed on or after January 1, 2025, and before January 1, 2026, or claims accruing on or after January 1, 2025, the statute provides that "the total amount of such damages that may be awarded must not exceed the sum of one million five hundred thousand dollars." Which figure applies to a particular case depends on when it was filed or when it accrued, and that is a question for a lawyer with the file.

Being partly at fault does not necessarily end it

Colorado uses modified comparative fault. Your damages are reduced in proportion to your share: the court "shall reduce the amount of the verdict in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made."

However, there is a clear limit. If your share "is equal to or greater than the negligence of the person against whom recovery is sought, then, in such event, the court shall enter a judgment for the defendant." At 50 percent you recover nothing.

That 50 percent line is why the questions you're being asked matter so much. If an insurer can move your share from 30 percent up to 50, your recovery goes to zero. So questions about your helmet, your clothing, or whether you rolled a stop sign are questions about your share of fault, which is why they carry more weight than they might appear to.

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The rules of the game

The deadlines that can end a claim

Brighton bicycle claims run on Colorado statutes, and a few of them quietly decide whether you can recover at all. These are the ones that matter most for riders in Adams County.

Filing deadlines that can end your case

  • Three years for a crash involving a motor vehicle. Colorado sets a three-year limitation for "all tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle."
  • 182 days if you are claiming against a public entity. This provision is the one that quietly ends cases. The deadline attaches to the claim, not to the crash: it applies where you are pursuing a claim against a public entity or its employee. A city, a county, or another government body covered by the Governmental Immunity Act. Where it applies, Colorado requires written notice "within one hundred eighty-two days after the date of the discovery of the injury," and the statute is blunt about what happens otherwise: "Failure of compliance shall forever bar any such action."

What the statutes say about a public entity

  • Whether a public entity is a potential defendant at all is a legal question, not something obvious at the roadside. A pothole, a failed crossing or an obstructed sight line may raise it, and whether the body responsible for that road or trail is a covered public entity is exactly the kind of thing worth establishing early. Because if the answer is yes, that clock is already running.
  • Claims against a public entity are also capped. The statute sets a base figure of "three hundred fifty thousand dollars" for injury to one person in a single occurrence and "nine hundred ninety thousand dollars" where two or more people are injured, with no one person recovering above the individual limit. These amounts are adjusted for inflation every four years and published by the Secretary of State, so the figure that governs a current claim may be higher than the base written into the statute. Confirm the published amount before relying on either number.

A claim against a public entity carries a separate and much shorter deadline than a claim against a driver. If a road or trail defect may have contributed to your crash, that 182-day window is already running, and it closes long before the three-year deadline most people have heard of.

Your team

The team handling your Brighton bicycle accident case

CGH Injury Lawyers is an eight-attorney Colorado firm founded in 2016, formerly Cheney Galluzzi and Howard. Our attorneys serve on the CDOT Vulnerable Road User Safety Task Force, working directly with state transportation officials and legislators on cyclist safety standards across Colorado's highway network. Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates (ABOTA) and has tried over 25 cases to verdict. Timothy G. Tarr has been recognized by Best Lawyers every year since 2023. CGH Injury Lawyers does not have a Brighton office. CGH Injury Lawyers is at 2701 Lawrence St., Suite 201, in Denver. We serve Brighton and Adams County from there, and every Brighton bicycle accident case is handled by a licensed Colorado attorney who files and tries cases in the 17th Judicial District, not by a paralegal.

ABOTA member on the team Tim Tarr: Best Lawyers in America since 2023 CDOT Vulnerable Road User Safety Task Force Over 25 cases to verdict 17th Judicial District experience Bilingual EN / ES Free consultation No fee unless we win

Frequently asked questions

Frequently asked questions about Brighton bicycle accident claims

How long do I have to file after a Brighton bicycle crash?

Colorado sets a three-year limitation for tort actions for bodily injury arising out of the use or operation of a motor vehicle. Where you are pursuing a claim against a public entity or its employee, a separate requirement applies: written notice within 182 days of discovering the injury, and failing to give it forever bars that action. Whether a public entity is a potential defendant is a legal question. The facts determine when these periods begin to run.

Does CGH Injury Lawyers have a Brighton office?

No. We serve Brighton and Adams County from our office at 2701 Lawrence St., Suite 201, in Denver.

Can I still recover if I was not wearing a helmet?

Colorado law reduces damages in proportion to a claimant's own negligence and bars recovery entirely where that share equals or exceeds the defendant's. Whether not wearing a helmet affects a particular claim, and by how much, depends on the injuries and the facts. It isn't an automatic bar.

What if the insurer says I rolled a stop sign?

Colorado's Safety Stop law permits a covered rider to slow rather than stop at a stop sign where a stop is not required for safety, at ten miles per hour or less, after yielding to traffic and pedestrians in or approaching the intersection. The rule reaches riders 15 or older, and also a rider under fifteen who is accompanied by an adult. Whether it applies to your crash depends on your age, whether you were accompanied, your speed, and the conditions at that intersection.

A driver passed within inches of me. Is that illegal?

Colorado requires a driver overtaking a bicyclist in the same direction to allow at least three feet between the right side of the vehicle, including mirrors, and the left side of the rider, at all times.

What if the driver never stopped?

A hit-and-run does not necessarily leave you without options, and coverage under your own auto policy can be relevant even though you were on a bicycle. What is available depends on the policies in play, which is worth having someone read.

It's More Than Money.

Speak with a Brighton bicycle accident attorney

If a driver hit you in Brighton and you aren't sure whether you have anything worth pursuing, that's a reasonable question to ask out loud rather than sit with.

Tell us what happened

100% confidential. No fee unless we win.

You can also read more about Denver bicycle accident claims or our Brighton personal injury practice.

CGH Injury Lawyers is at 2701 Lawrence St., Suite 201, in Denver, and we serve Brighton and Adams County. Call (303) 209-9395 or use the contact page to tell us what happened. Se habla espanol: (303) 835-9177.