Bicycling is healthy and fun, but it also carries a level of risk when you ride your bike near motor vehicle traffic. While many bicyclists are able to enjoy their time riding without issue, others are not so fortunate and suffer catastrophic injuries from bicycle accidents caused by others. If you or a loved one recently experienced this type of incident, you need a Fort Collins bicycle accident lawyer you can trust to help you recover.
Cheney Galluzzi & Howard is a team of accomplished personal injury attorneys who can help you recover from your recent bicycle accident. Our firm has successfully assisted many past clients with all types of personal injury claims in Fort Collins, and we know the challenging legal questions that a bicycle accident may raise.
While it is technically possible to recover from a bicycle accident without hiring legal counsel, you are more likely to succeed with all the recovery efforts you attempt if you have legal representation on your side. An experienced Fort Collins bicycle accident attorney can help determine your most viable recovery options in the aftermath of a bicycle accident and maximize your total compensation.
Our firm approaches every personal injury case we accept with the goal of maximizing our client’s recovery as fully as state law allows and streamlining their recovery efforts to shorten the time it takes for them to recover their damages. If you choose our firm to represent your bicycle accident case in Fort Collins, we can answer all of your questions and provide ongoing guidance through all stages of your case.
Similar to what you would face in the aftermath of any other vehicle accident, you must prove fault for your bicycle accident in Fort Collins before you can recover any compensation for the losses you suffered. This will typically require a combination of various types of evidence as well as testimony from witnesses who saw the accident happen. Most bicycle accidents happen because of negligence, such as:
It is also possible for a bicycle accident to happen because of illegal misconduct like driving under the influence (DUI) of alcohol or drugs. Defendants in these cases not only face civil liability for the damages they caused but also criminal prosecution from the state. If the defendant in your case caused your accident through an illegal act, your attorney can explain how this could impact your recovery efforts.
The recovery process following a bicycle accident in Fort Collins typically begins with an auto insurance claim. Your attorney can help you complete your proof of loss forms and resolve any issues you encounter with the insurance carrier. Once the insurance company completes its investigation of your claim, it will send you a settlement offer, and your attorney can verify that it is reasonable under the terms of the defendant’s policy.
If insurance cannot fully compensate your losses, you will need to file a personal injury claim against the at-fault driver. Success with a personal injury claim requires proving exactly how your accident happened, identifying all parties responsible, and then proving the full extent of the damages they caused.
Most personal injury claims will seek compensation for economic damages such as property losses, medical expenses, and lost income. It is important to remember that you can not only claim compensation for immediate economic damages but also future losses resulting from the accident. For example, if the defendant caused a permanent disability that prevents you from working, they are liable for your lost future earning capacity.
You can also seek pain and suffering compensation from the victim, but state law limits how much you can claim. An experienced Fort Collins bicycle accident attorney can help maximize this aspect of your recovery as much as possible under Colorado law. This aspect of your case award aims to compensate you for your physical pain, emotional distress, and psychological trauma resulting from the accident.
If a defendant injured you through an illegal act, you may not only recover compensation for your economic damages and pain and suffering but also punitive damages. These are awarded at a judge’s discretion, and the amount received depends on the financial status of the defendant and the severity of their actions.
Most personal injury claims filed are not resolved in court. Instead, most are finalized in the settlement negotiation process. This is a private process that allows all parties involved in the case to save time and money they would otherwise spend in litigation. As long as the defendant’s fault is clear and you have a good attorney on your side, you could potentially resolve your case through settlement in a matter of weeks.
Unfortunately, not all personal injury cases can be settled privately. If that litigation is required, your Fort Collins bicycle accident attorney can help you prepare for your proceedings and approach this difficult process with greater confidence. If you litigate a civil claim, the judge will have the final say regarding liability for the damages and the compensation owed to the plaintiff.
The attorneys at Cheney Galluzzi & Howard will aim to settle your bicycle accident claim if possible, but we are fully prepared to litigate for you if necessary. Every bicycle accident claim is different, and every claimant will face unique challenges and opportunities as they seek compensation for their damages. Whatever your case entails, you will have the greatest chance of success with a Fort Collins bicycle accident attorney representing you.
A: Before you can claim any compensation for the damages you suffered in your recent bicycle accident, you must prove exactly how the accident happened and identify the party responsible. Your Fort Collins bicycle accident lawyer can help you obtain evidence from the scene of the crash, statements from witnesses who saw the accident happen firsthand, digital evidence like cell phone records and traffic camera recordings, and expert witness testimony if necessary.
A: Recovering from a bicycle accident may require both an auto insurance claim and a personal injury suit against the at-fault driver. You only have a few days in which to file your insurance claim, but the statute of limitations for a personal injury suit in the state is two years from the date the accident occurred. Failure to file your claim in this timeframe could mean losing your chance to recover compensation for your damages.
A: Colorado enforces a modified comparative negligence rule that applies to any civil claim for damages in which multiple parties share fault for the damages. If a plaintiff is found partially at fault for their damages, their fault percentage is deducted from their case award, and they keep the remainder as long as they are less than 50% at fault. If they are 50% or more at fault, they will lose the right to seek compensation from another liable party.
A: Under state law, the party responsible for causing your recent bicycle accident is liable for the entire extent of the economic damages you suffered because of their actions. These are likely to include property damage, immediate and future medical expenses, lost income, and your lost future earnings if you have been permanently disabled. You can also claim pain and suffering compensation, but this is limited under the law.
A: The team at Cheney Galluzzi & Howard can provide the legal representation you need for your impending case with a contingency fee agreement. This means you will only pay a percentage of the total compensation your attorney obtains for you, and you will only pay this fee if and when they win your case. There are no upfront or ongoing attorneys’ fees, and you pay nothing if our firm is unable to obtain compensation for you.
You have a limited time in which to pursue compensation for the damages you suffered in your recent bicycle accident. The sooner you reach out to a Fort Collins bicycle accident attorney you can trust, the more likely you are to succeed with your recovery efforts. Contact Cheney Galluzzi & Howard today to schedule a free consultation with a Fort Collins bicycle accident attorney you can trust and learn how we can help with your case.