Though riding a bicycle has a number of benefits, it also holds various risks. According to the National Highway Traffic Safety Administration, 846 cyclists died in car accidents in the United States in 2019.
The small size and lack of protection put bicyclists at a higher risk of suffering severe injuries during an accident. Still, bicyclists must follow traffic laws like any other driver on the road.
So what happens if you are injured in an accident, but you failed to follow the Colorado bicycle laws at the time of the crash? Can you still recover damages for your injuries?
Our team of bicycle accident attorneys at Tenge Law Firm, LLC, can answer any questions you have about your case.
If you suffered injuries on your bicycle while in violation of the Colorado bicycle helmet law, contact our office to begin your free consultation.
Does Colorado Have Bicycle Helmet Laws?
Bicycle helmets can greatly reduce the risk of suffering a devastating head injury during a collision. However, unlike many states, Colorado does not enforce a universal bicycle helmet law.
The Colorado bicycle helmet law does require a rider to wear a helmet when operating an electric bicycle that travels up to 28 miles per hour.
As an at-fault state, Colorado allows individuals who are injured in car accidents to file a personal injury claim to recover the losses they suffered during the accident against the at-fault party.
To show that a party is at-fault, you need to show that the party was negligent in causing the accident.
In other words, you must show that the at-fault party did not act as a reasonable person would have under the same circumstances and that their actions resulted in your losses.
Be aware that if you suffer head injuries during a bicycle accident, a judge could determine that you hold partial responsibility for your injuries by failing to wear a helmet.
Can I Recover Compensation If I Violated Colorado Bicycle Laws?
Colorado requires bicyclists who are riding on roadways to abide by the same traffic laws as passenger vehicles.
If you violate a traffic law and end up injured in a car accident, the other party will try to prove that your traffic violation was the reason for the crash.
However, in many accidents, more than one factor contributed to the accident. Colorado applies modified comparative negligence when awarding damages in personal injury claims.
Under modified comparative negligence, the plaintiff’s recovery is reduced by their percentage of fault for the accident.
However, if the plaintiff was 50% or more at fault, the plaintiff cannot recover compensation at all.
Contact a Bicycle Accident Attorney Today
At the Tenge Law Firm, our clients receive individualized attention and personalized representation. We have 30 years of experience representing injured clients and their families.
We are confident that we can assist you in achieving the compensation you deserve. If you suffered injuries in a bicycle accident in Colorado, contact us right away.
To begin the process, contact us today at 303-536-7675 to schedule your free consultation.