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Colorado Springs with Pikes Peak in the background. CGH Injury Lawyers represents bicycle accident victims across El Paso County.

IT'S MORE THAN MONEY.

Colorado Springs Bicycle Accident Lawyers Who Make the At-Fault Driver Pay

A crash on Academy Boulevard, Powers Boulevard, or the trails near Pikes Peak can leave an injured cyclist facing serious injuries, mounting bills, and an insurer working to shift the blame. CGH Injury Lawyers serves Colorado Springs bicycle accident victims across El Paso County. We build every claim to its full value and take it to trial in El Paso County District Court when a fair offer is refused. You pay nothing unless we win.

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A bicycle crash on Colorado Springs roads sends you to UCHealth Memorial Hospital Central, the only Level I trauma center in southern Colorado, and immediately puts you up against an insurer whose adjusters are trained to use Colorado's comparative fault rule to shift blame onto the cyclist. CGH Injury Lawyers serves El Paso County bicycle accident victims, using the Safety Stop law and the 3-foot passing rule to push fault back onto the driver where it belongs.

  • Under Colorado's Safety Stop law (C.R.S. 42-4-1412.5), cyclists may treat a stop sign as a yield sign and may proceed through a red light after stopping when safe to do so. Doing so lawfully is not running a red light, and adjusters who claim otherwise are wrong.
  • Drivers must give cyclists at least three feet of clearance when passing on Academy Boulevard, Powers Boulevard, or any other Colorado Springs road (C.R.S. 42-4-1003). A violation is direct evidence of negligence.
  • Colorado's modified comparative fault rule (C.R.S. 13-21-111) lets you recover damages as long as you were less than 50 percent at fault. Your own auto insurance UM/UIM coverage may also apply even though you were riding a bicycle, not driving a car.

CGH Injury Lawyers represents injured cyclists and their families in Colorado Springs and across El Paso County. Our attorneys serve on the CDOT Vulnerable Road User Safety Task Force. We negotiate from a position of trial readiness in El Paso County District Court. Free first consultation, no fee unless we win. There is no Colorado Springs office; we serve El Paso County from our Denver office and come to you.

Colorado law

The Colorado Safety Stop law and how it protects Colorado Springs cyclists

Colorado's Safety Stop (C.R.S. 42-4-1412.5) is the most misunderstood cycling law in El Paso County. It changes how bicycles interact with stop signs and red lights, and it is one of the strongest tools for defeating bad-faith fault claims against injured cyclists.

At stop signs

  • You may treat a stop sign as a yield sign.
  • You must slow down and check for traffic.
  • You must yield to vehicles and pedestrians with the right of way.
  • You are not required to come to a full foot-down stop when the intersection is clear.

At red lights

  • You must come to a complete stop.
  • After stopping, yield to all cross-traffic and pedestrians.
  • You may then proceed when it is safe to do so.
  • This addresses stale red lights that do not detect bicycles, a common problem at Colorado Springs intersections.

Why this matters in a Colorado Springs crash case

Insurance adjusters handling El Paso County bicycle claims often tell cyclists they ran a stop sign or blew a red light to shift fault after a collision. The Safety Stop law is your shield. If you slowed, checked for traffic, and yielded at a stop sign on Academy Boulevard or Powers Boulevard, you were following Colorado law. Our attorneys reconstruct the scene, obtain witness statements, and prove you used the discretion the statute grants. That work is critical under Colorado's modified comparative negligence rule, where being found 50 percent or more at fault bars any recovery (C.R.S. 13-21-111).

The Safety Stop is not a free pass. Entering an intersection without slowing or checking is still reckless, still unlawful, and can be used against you in a liability claim.

Rights and duties

Cyclist rights and driver duties on Colorado Springs roads

Colorado law gives cyclists the same rights as motor vehicles under Title 42 and places specific duties on drivers to protect vulnerable road users. Here are the rules that matter most in El Paso County crash cases.

  1. The 3-foot passing rule (C.R.S. 42-4-1003)

    Drivers must leave at least three feet of clearance when passing a cyclist. If the lane is too narrow to do that while staying in the lane, the driver must change lanes or wait. On narrow shoulders along Academy Boulevard and U.S. Route 24, many drivers skip this step. A violation is direct evidence of negligence, and we use dashcam footage, witness statements, and accident reconstruction to prove it.

  2. Taking the lane

    Cyclists may occupy the center of a traffic lane when conditions make it the safe choice. Drivers who tailgate, honk, or try to squeeze past a cyclist who is lawfully in the lane may be liable for the resulting collision.

  3. Riding two abreast

    Colorado law permits cyclists to ride side by side unless it impedes the normal and reasonable movement of traffic. Group rides on the road network west of Colorado Springs near Garden of the Gods and Pikes Peak are common. Riding two abreast on wide roads is legal and can actually be safer, because it shortens the distance a driver must cover to pass.

  4. Required equipment at night

    Bicycles ridden between sunset and sunrise must have a front light and a rear reflector. Failure to use lights can reduce your recovery in a nighttime crash, though it rarely eliminates liability on its own when the driver also failed to exercise proper care.

Local knowledge

Colorado Springs courts, trauma care, and crash corridors for cyclists

A Colorado Springs bicycle accident case lives in El Paso County: the road where it happened, the hospital that treated you, and the courthouse where your case may be filed. Here is the ground we work on when we represent El Paso County cyclists.

Courthouse

El Paso County District Court, 4th Judicial District

A Colorado Springs bicycle accident lawsuit that exceeds the county-court jurisdictional limit is filed in El Paso County District Court, housed in the El Paso County Judicial Building at 270 S. Tejon Street, Colorado Springs, CO 80903, in the 4th Judicial District of Colorado. Local civil procedure, the El Paso County jury pool, and the defense firms you face all differ from Denver-area courts. We handle El Paso County District Court cases directly, with no co-counsel arrangement needed.

Trauma Care

UCHealth Memorial Hospital Central, Penrose, and St. Francis

Seriously injured cyclists in Colorado Springs are frequently transported to UCHealth Memorial Hospital Central at 1400 E. Boulder Street, an American College of Surgeons verified Level I Adult Trauma Center and the only Level I in southern Colorado. Penrose Hospital at 2222 N. Nevada Avenue is a state-designated Level II Trauma Center, and St. Francis Hospital at 6001 E. Woodmen Road is a Level III Trauma Center. Records from these facilities document every aspect of your injuries and become the foundation of your damages claim.

Responding Agency

Colorado Springs Police Department and El Paso County Sheriff

Bicycle crashes within Colorado Springs city limits are typically investigated by the Colorado Springs Police Department. Crashes outside city limits in unincorporated El Paso County are handled by the El Paso County Sheriff. A Colorado Traffic Crash Report from either agency creates the official record your attorney will request. Call 911 and wait for a report even if the driver asks you to settle on the spot.

Major Cycling Corridors

Academy Boulevard, Powers Boulevard, U.S. Route 24, and I-25

Academy Boulevard is a roughly 15-mile north-south arterial on the National Highway System and one of the most active mixed-traffic corridors in El Paso County, with high-volume retail access points creating frequent conflict between turning drivers and cyclists. Powers Boulevard (State Highway 21) carries expressway-speed traffic on the east side of the city. U.S. Route 24 connects Colorado Springs to the Pikes Peak region and Garden of the Gods, drawing tourist traffic unfamiliar with the road. Interstate 25 runs roughly 18 miles north-south through Colorado Springs and presents severe risk whenever a cyclist must cross or access it.

Liability and compensation

Who pays after a bicycle crash in Colorado Springs, and what you can recover

When a driver hits a cyclist on Academy Boulevard or elsewhere in El Paso County, the law lets the injured rider pursue the full cost of the harm. The question is how fault is divided and which insurance sources apply.

Comparative negligence in Colorado

Colorado follows a modified comparative negligence rule (C.R.S. 13-21-111). You can recover damages as long as you are less than 50 percent at fault. If you are found 30 percent at fault, your recovery is reduced by 30 percent. Being found 50 percent or more at fault bars any recovery. Insurance adjusters in El Paso County bicycle cases routinely try to inflate the cyclist's fault percentage. The Safety Stop law and the 3-foot rule are our tools for pushing fault back onto the driver.

Economic damages

  • Emergency care, surgery, and follow-up treatment at UCHealth Memorial, Penrose, or St. Francis
  • Lost wages and lost earning capacity
  • Rehabilitation and physical therapy costs
  • Replacement or repair of your bicycle and gear
  • Out-of-pocket expenses directly tied to the crash

Non-economic damages

  • Pain and suffering
  • Emotional distress and anxiety following the crash
  • Permanent scarring and disfigurement
  • Loss of enjoyment of life, including the ability to ride
  • Physical impairment (not capped under Colorado law)

Your own auto coverage may pay (UM/UIM)

Many Colorado Springs cyclists do not know this: your own auto insurance policy may cover you while you ride your bike. If an uninsured or underinsured driver hits you, your uninsured and underinsured motorist (UM/UIM) coverage can pay for medical bills, lost wages, and pain and suffering. Colorado UM/UIM claims are governed by C.R.S. 13-80-107.5 under Pham v. State Farm, 2013 CO 17. This matters most in hit-and-run cases on Powers Boulevard and when the at-fault driver carries minimal limits. We help clients identify every available source of recovery.

The helmet defense: what it actually does and does not do

Colorado does not require adults to wear helmets while cycling. Going without a helmet is not automatic negligence. Insurers will argue that not wearing one added to your injuries, particularly in head-injury cases, a theory called failure to mitigate damages. That argument can reduce your recovery under the comparative negligence rule but it does not bar your claim. We work with medical experts to show the driver's negligence caused the harm and to limit the effect of that argument on your recovery.

Defenses adjusters use

Defenses El Paso County insurers use against cyclists, and how we answer them

Bicycle crash claims in Colorado Springs rarely settle on fair terms without a fight. Here are the defenses we see most often in El Paso County bicycle cases and the arguments we use to defeat them.

  1. "The cyclist ran a stop sign"

    This is the most common bad-faith argument in Colorado Springs bicycle cases. Under the Safety Stop law (C.R.S. 42-4-1412.5), a cyclist who slowed, checked for traffic, and yielded at a stop sign was following Colorado law. We gather dashcam footage, witness statements, and any available surveillance video from nearby Academy Boulevard businesses to show exactly what happened at the intersection.

  2. "The cyclist was riding too far into the lane"

    Cyclists may lawfully occupy the center of a lane when conditions require it. When a lane is too narrow to share safely, staying left is the legally correct and safer choice. A driver who hits a cyclist in that position failed the 3-foot passing duty under C.R.S. 42-4-1003, not the cyclist who rode legally.

  3. "The cyclist was not wearing a helmet"

    Helmet use is not required for adults in Colorado. Going without one is not automatic negligence. An insurer may argue it contributed to head injuries, but that argument affects only the proportion of recovery attributed to that specific harm, and we use medical experts to minimize its effect. It does not bar the claim.

  4. "The driver never saw the cyclist"

    Not seeing a cyclist in a lane or crosswalk is not a defense. Drivers are required to observe the road ahead. Failure to see what is plainly visible is negligence. We use the police report, scene measurements, and sight-line analysis on U.S. Route 24 and other crash corridors to prove the driver had a clear view.

After the crash

What to do after a bicycle accident in Colorado Springs, and how we handle your case

The minutes and hours after a Colorado Springs bicycle crash shape your claim. These steps protect your health and preserve the evidence an insurer will later try to dispute.

  1. Call 911 and wait for a police report

    Request both police and medical help. A Colorado Traffic Crash Report from the Colorado Springs Police Department or El Paso County Sheriff is critical evidence. Even if you feel fine, adrenaline can mask serious injuries. Do not let the driver persuade you to skip the report and settle on the spot.

  2. Seek medical care immediately

    UCHealth Memorial Hospital Central at 1400 E. Boulder Street is the only Level I trauma center in southern Colorado and is frequently the first stop for serious bicycle crash injuries in El Paso County. Even if your injuries feel minor, see a doctor. Concussions, internal bleeding, and soft-tissue injuries can appear hours or days later, and a gap in treatment weakens your claim.

  3. Preserve the evidence

    Photograph the scene, your bicycle, your injuries, and the vehicle. Collect witness names and contacts. Keep your damaged gear; do not repair or discard it. Note the exact location, whether it is an Academy Boulevard intersection, a Powers Boulevard crossing, or a stretch of U.S. Route 24.

  4. Do not give a recorded statement

    The at-fault driver's insurer is not on your side. Do not agree to a recorded statement or sign any release without an attorney reviewing it first. A quick statement made while you are still in shock on the roadside can be used to reduce your recovery.

  5. We investigate and build your claim

    We gather the crash report from the Colorado Springs Police Department or El Paso County Sheriff, witness statements, and medical records from UCHealth Memorial, Penrose, or St. Francis. We use the Safety Stop law and the 3-foot rule to prove the driver's fault, locate every available insurance source, and calculate your full damages.

  6. Negotiate or try your case in El Paso County

    Most cases settle. When insurers refuse a fair offer, we file in El Paso County District Court at 270 S. Tejon Street in the 4th Judicial District and try your case before an El Paso County jury. Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates and has tried over 25 cases to verdict.

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Your team

The team handling your Colorado Springs bicycle accident case

CGH Injury Lawyers is a eight-attorney Colorado firm founded in 2016, formerly Cheney Galluzzi & Howard. Our attorneys serve on the CDOT Vulnerable Road User Safety Task Force, working with state legislators and transportation officials to improve cyclist protections. 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. Every El Paso County bicycle accident case is handled by a licensed Colorado attorney, not a paralegal. We serve Colorado Springs from our Denver office and come to you.

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 El Paso County District Court Bilingual EN / ES Free consultation No fee unless we win

Frequently asked questions

Colorado Springs bicycle accident lawyer, frequently asked questions

How long do I have to file a bicycle accident lawsuit in Colorado Springs?

When a driver hits a cyclist, the claim arises out of the use or operation of a motor vehicle, so the motor-vehicle statute generally gives you three years from the date of the crash to file a lawsuit (C.R.S. 13-80-101(1)(n)). The general two-year tort deadline (C.R.S. 13-80-102) can apply to claims that do not involve a motor vehicle, so the period that controls depends on the specific facts and claims. If a Colorado Springs city vehicle, CDOT vehicle, or other government entity is involved, you must also file a written notice of claim within 182 days of discovering the injury under the Colorado Governmental Immunity Act (C.R.S. 24-10-109(1)). Missing that 182-day notice deadline can bar the claim entirely. Do not wait to speak with an attorney.

What if I was partly at fault for the bicycle crash?

Colorado follows a modified comparative negligence rule (C.R.S. 13-21-111). You can recover damages as long as your share of fault is less than 50 percent, and your award is reduced by your percentage of fault. Being found 50 percent or more at fault bars any recovery. Insurance adjusters regularly inflate a cyclist's fault percentage to reduce or eliminate the payout. We use the Safety Stop law and the 3-foot rule to challenge that assessment in El Paso County cases.

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

Yes. Colorado does not require adults to wear helmets while cycling, and going without one is not automatic negligence. An insurer may argue that not wearing a helmet contributed to your head injuries, which can reduce recovery on that portion of your damages under the comparative negligence rule, but it does not bar your claim. We work with medical experts to show the driver's negligence caused the harm and to limit the effect of that argument.

Does the Safety Stop law protect me if the insurer says I ran a stop sign?

Yes, if you followed the law. Under C.R.S. 42-4-1412.5, a cyclist who slowed, checked for traffic, and yielded at a stop sign was lawfully exercising the discretion the Safety Stop grants. That is not running a stop sign. We use witness statements, dashcam footage, and crash reconstruction to show you followed the statute so that adjusters cannot use a distorted account of the intersection to inflate your fault.

Can my own car insurance cover a bicycle crash in Colorado Springs?

Often, yes. If you carry uninsured or underinsured motorist (UM/UIM) coverage on your auto policy, it may cover your medical bills, lost wages, and pain and suffering when an uninsured or underinsured driver hits you while you are on your bicycle. Colorado UM/UIM claims are governed by C.R.S. 13-80-107.5 under Pham v. State Farm, 2013 CO 17. This source of recovery matters most in hit-and-run cases on Powers Boulevard and when the at-fault driver carries minimal limits.

Where would my Colorado Springs bicycle accident lawsuit be filed?

A bicycle accident civil lawsuit that exceeds the county-court jurisdictional limit is filed in El Paso County District Court at 270 S. Tejon Street, Colorado Springs, CO 80903, in the 4th Judicial District of Colorado. The El Paso County jury pool, local rules, and the defense firms you face differ from those in Denver or other counties. CGH Injury Lawyers files and tries cases in El Paso County District Court directly.

Does CGH Injury Lawyers have a Colorado Springs office?

No. CGH Injury Lawyers has one office, at 2701 Lawrence St., Suite 201, Denver, CO 80205. We represent Colorado Springs and El Paso County bicycle accident victims from that Denver office, file cases in El Paso County District Court, and meet clients wherever is convenient. You can reach us at (303) 209-9395. The legal work, court filings, and trial representation are all done directly by our licensed Colorado attorneys.

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CGH Injury Lawyers · Serving El Paso County from 2701 Lawrence St., Suite 201, Denver, CO 80205