The State of Colorado is known for its beautiful scenery and proximity to the outdoors. The many tranquil roads and picturesque trails in and around Denver lend themselves to cyclists and nature enthusiasts alike. However, when enjoying the open road, there’s always some chance that an accident could occur.
If you have sustained injuries in a bike accident in or near Denver, CO, you may be wondering how much compensation you may be entitled to receive. There is no average settlement amount for a bicycle accident, as this will vary from case to case. That said, there are certain factors to remember that can help you determine the potential value of your recovery. Use our guide below to learn more about bike accident settlements in Denver and see how an experienced Denver bike accident attorney can help you move forward.
Is There an Average Bike Accident Settlement Amount in Denver, CO?
Unfortunately, no. There is no “average” bike accident settlement amount. Generally, bicycle accident settlements can range from a few thousand to several hundred thousand dollars. However, it’s not unheard of for the amount of a bike accident settlement to reach $1 million or more.
Each case is unique. Thus, the amount of your potential settlement will depend on the facts and circumstances surrounding your case.
Hit by a Car on Bike? Settlement Factors to Consider
According to the Colorado Department of Transportation, there were an estimated 875 reported motor vehicle accidents on Colorado roads involving bicycles in 2022 that resulted in some injury. In the aftermath of a bike accident involving a motor vehicle, the amount of your injury settlement will be influenced by various factors. Below are some key factors to keep in mind to help you determine the potential settlement value in your case.
Severity of Injuries
The extent and severity of your injuries will have a significant impact on your ultimate settlement amount. Some of the most common examples of bicycle accident injuries include:
- Whiplash,
- Cuts and bruises,
- Bone fractures,
- Joint dislocation,
- Sprains and strains,
- Concussions,
- Internal bleeding and organ damage,
- Traumatic brain injuries (TBI), and
- Back and spine injuries.
Typically, the more severe the injuries, the higher the settlement amount.
Types of Damages Sustained
A personal injury settlement will be based on more than just an injury victim’s medical expenses. Thus, the types of damages sustained will also impact the amount of your settlement.
For example, a Denver bike accident injury settlement will frequently include compensation for:
- Physical property damage;
- Medical expenses;
- Prescription medication costs;
- Ongoing treatment and rehabilitation costs;
- Lost wages;
- Loss in earning capacity; and
- Non-economic damages, such as pain and suffering and loss of enjoyment of life.
Additionally, in especially egregious cases, an injured party may be entitled to exemplary damages (also called “punitive” damages) of up to three times the amount of actual damages sustained by the injury victim. However, exemplary damages are rare and will usually be awarded only where there is evidence of fraud, malice, or willful and wanton conduct by the at-fault party.
Insurance Coverage
Insurance coverage can also affect the amount of a bike accident injury settlement. For example, suppose the at-fault party does not have any insurance coverage, or has a policy limit that is less than the total amount of your damages arising from the incident. In that case, it may be difficult to obtain a favorable settlement. Conversely, if the party who caused your injuries has a substantial policy limit, this may enhance your chances of securing a larger settlement.
Availability of Evidence to Support Your Claims
In many cases, the stronger your evidence, the better your chance of securing a favorable settlement. As the plaintiff in a personal injury action, the burden will typically be on you to prove the amount and extent of your damages. Below are some examples of evidence that you may be able to use to help support your claims:
- Video footage of the incident,
- Photos of the accident scent,
- Police reports,
- Eyewitness testimony,
- Expert testimony, and
- Invoices and receipts confirming the expenses you’ve incurred.
Of course, you do not have to legally prove your case until you reach trial. Nevertheless, having strong evidence at the outset can strengthen your case and encourage the opposing party to provide a favorable settlement offer.
Level of Fault
Lastly, it’s important to note that an injury victim’s own fault in causing the incident will also play a role in the final settlement amount.
Specifically, Colorado Revised Statutes section 13-21-111 states that if an injury victim were partially at fault (up to 49%) in causing the incident that resulted in their injuries, their recoverable damages would be reduced in proportion to their percentage of fault. This is what’s known as modified comparative negligence.
Thus, even if the driver of the motor vehicle was negligent and primarily at fault in causing your injuries, you may be entitled to only a portion of the total amount of your damages if you are determined to be at least partially responsible for causing the incident.
How a Denver Bike Accident Attorney Can Help You Maximize Your Settlement Payout
Navigating any personal injury matter can be complicated. However, a qualified personal injury attorney can make the process more manageable. An experienced Denver bike accident attorney can help you:
- Assess the potential value of your claims;
- Gather crucial evidence to help support your claims;
- Draft and file any court documents; and
- Negotiate with opposing parties and their insurers and legal counsel.
In short, an attorney can help you fight for your recovery and work to maximize the amount of your settlement.
Tenge Law Firm: Your Trusted Denver Bike Accident Lawyer
If you have questions about what your bike accident injury settlement might be worth, look no further than the Tenge Law Firm, LLC.
Over the past seven years, we have worked tirelessly to recover more than $50 million for our clients in need. Of course, we can never guarantee any particular outcome. However, what we can guarantee is that we will always fight to achieve the best possible results for our clients, all while providing unparalleled support and service. Contact our team to discuss your rights and see how we can help you on your pathway to recovery today.