Fort Collins Bicycle Accident Lawyers
All drivers, bicyclists, and pedestrians in Colorado have a responsibility to share the road and abide by traffic laws. Though the majority of motor vehicle accidents involve only automobiles, thousands of individuals are injured or killed each year in crashes that occur between vehicles and bicycles or pedestrians.
In wrecks between bicyclists and automobiles, it is common for people to assume that the motorist was probably to blame. However, it is entirely possible for a bicyclist to be at fault for a traffic accident, even one that involves multiple vehicles.
Is the Bicyclist to Blame?
Bicyclists, just like motorists and pedestrians, are required to abide by certain laws and expected to act in a manner that is reasonable under the circumstances. If a bicyclist is negligent and causes an accident that injures others, the bicyclist may be liable for the damages that result.
For example, imagine a bicyclist who is traveling along a busy highway. The bicyclist takes his cell phone out to send a quick text message, and while looking down, he fails to notice that a traffic light in front of him has turned red. He then collides with a vehicle, which in turn is rear-ended by another automobile. Since the bicyclist was not paying attention to the road, he is likely liable for the accident and the resulting damage the two other drivers have suffered.
In another scenario, consider a bicyclist traveling at night. She is wearing a helmet and reflective clothing while riding a bike equipped with flashing lights, and she is staying in the designated bike path and traveling in the proper direction on the road. However, a driver, sleepy from a long day at work, drifts off the road and hits the bicyclist. In this situation, the driver would be responsible for the bicyclist’s injuries, as there is no evidence that the bicyclist was negligent in any way.
How Do I Prove Fault in a Collision?
In establishing liability for a bicycle accident, three points must be supported by valid evidence:
- The at-fault party owed a duty to the injured victim;
- The duty was breached by a negligent act or omission; and
- Due to this breach, the victim was injured.
In traffic accidents, an individual’s duty is to abide by traffic laws and operate their vehicle or bicycle in a manner that is reasonable under the circumstances. Acting carelessly, negligently, or recklessly while on the road would indeed be considered a breach of that duty.
It must also be demonstrated that the victim suffered some type of harm due to the negligence of the at-fault party. For the victim to recover compensation, they must provide proof of injuries, including medical expenses, property damage, lost wages, pain and suffering, or other damages. If the at-fault party was negligent but caused no harm, the victim will not be able to recover compensation because no injury occurred.
Eyewitness reports, photographs, accident reports, cell phone records, and various other types of evidence are all used to establish liability in bicycle accident cases.
Experienced Fort Collins Bicycle Accident Attorneys
If you or loved one has been injured in a Fort Collins bicycle accident, you need a skilled personal injury lawyer who will help you seek the compensation you deserve. At Zinda Law Group, our team of Colorado bicycle accident attorneys has the knowledge, experience, and resources necessary to fully prosecute your case. Contact us today at 800-863-5312 for a free and confidential consultation. Meetings with attorneys by appointment only.