How Much is my Bicycle Accident Claim Worth in Colorado

If You’ve Been Knocked Off Your Bike, You’re Probably Wondering: How Much Is My Bicycle Accident Claim Worth in Colorado?

The answer to this question can vary widely based on a number of factors. The severity of your injuries will, of course, play the biggest role, but there are other things to consider as well. It’s important to take all these factors into account early in the process, as it will help you know what to expect and how to approach the dispute.

In this post, we share all the details you’ll need to make informed decisions.

Types of Damages in a Bicycle Accident Claim

In Colorado, bicycle accident claims generally include two types of damages: economic and noneconomic. If the defendant’s conduct was particularly egregious, you might also be entitled to punitive damages. A Longmont bicycle accident lawyer can help you determine the full scope of compensation you deserve.

Economic Damages

Economic damages cover measurable financial losses (essentially, anything you can document with bills, receipts, or pay stubs). Most bicycle accidents give rise to economic damages like:

Medical expenses: Emergency room visits, surgeries, rehabilitation, physical therapy, and future medical and rehabilitation costs.
Lost wages: Compensation for time missed at work due to injuries or medical appointments. You may also be entitled to coverage of your lost future earnings potential if you’ve suffered long-term or permanent injuries.
Property damage: The cost of repairing or replacing your bicycle, helmet, or other gear damaged in the crash.

Noneconomic Damages

Noneconomic damages compensate for intangible losses that can’t be directly calculated. They include:

Pain and suffering: Chronic and acute pain, discomfort, and inconvenience caused by your injuries.
Emotional distress: Anxiety, depression, or post-traumatic stress disorder (PTSD) stemming from the accident.
Loss of enjoyment of life: If you can no longer participate in activities you once loved, such as cycling, hiking, or playing sports.

Damages like this are obviously much more difficult to fairly calculate than economic losses. There are two frameworks (the multiplier method and the per diem method) that can be used to come up with a number, but courts are not obliged to use either one in Colorado. It will ultimately come down to the severity of the impact your injuries have had on your life; this requires a lot of subjective analysis by judges and juries, so awards can vary significantly from one case to the next.

For this reason, it’s important to work with an experienced lawyer who will know how to present your case in the most favorable light possible.

Punitive Damages

Punitive damages do not directly compensate any loss you’ve suffered. Instead, they aim to punish defendants for particularly reckless behavior. For this reason, they are reserved for the most serious cases; the majority of bicycle accident claims in Colorado will fail to meet this standard. If you are involved in a truck accident, however, you may want to consult a Greeley truck accident attorney to discuss potential punitive damages in more severe cases.

One notable exception here is drunk driving cases. If you were knocked off your bicycle by a driver who was over the legal blood alcohol concentration (BAC) limit of 0.08%, your lawyer may have a chance of convincing the court that their conduct was sufficiently reckless to qualify. Deliberate road rage incidents may also lead to punitive damages.

Factors Affecting Settlement Size

As noted, it’s not possible to provide a useful range within which your bicycle accident settlement may fall (at least not until you contact our office for a free initial consultation). However, we can share details of the factors that will dictate the amount of money you may be entitled to.

Injury Severity

The severity of your injuries will be the most critical factor in determining settlement size. Serious injuries lead to higher medical bills, longer absences from work, and more significant pain and suffering.

The most common injuries we see in bicycle accident clients include:

Traumatic brain injuries (TBIs): These can cause extremely severe, life-limiting symptoms, and therefore can lead to massive settlements and verdicts.
Spinal cord injuries: Alongside brain injuries, these are typically the most serious injuries you can sustain in a cycling accident, as they can result in partial or total paralysis.
Fractures: Breaks in the upper body are particularly common; evidence suggests the collarbone (clavicle) is the bone most commonly broken by cyclists.
Soft tissue injuries: Such as whiplash, sprains, and strains. Though these are less serious than some other injuries we’ve discussed here, they can still be debilitating.
Lacerations and road rash: These most commonly occur when cyclists are thrown from their bikes and slide along asphalt.

Attorney Experience

The better your lawyer is, the better your chances are of emerging from your case with a positive result. An experienced personal injury attorney can significantly impact the value of your claim by:

Investigating thoroughly: Your attorney will gather a wide range of evidence, including surveillance camera footage, police reports, and witness statements.
Accurately calculating damages: Your lawyer will ensure all current and future expenses are accounted for.
Negotiating effectively: Insurance companies often undervalue claims. Your attorney will push back against any attempt to do this.

Shared Liability

Per Colorado’s modified comparative negligence system, you can recover damages following a bike accident even if you were partially at fault for what happened (as long as you weren’t 50% responsible or more). However, your compensation entitlements will be reduced in line with your degree of fault.

Say, for example, you weren’t wearing a helmet at the time of your collision with a car, but the car’s driver was speeding and driving too close to you at the time of the impact. A court might take the view that your injuries were 30% your fault, and 70% the fault of the driver. In this case, your entitlements would be capped at 70% of their overall value.

How Bicycle Accidents Happen and Who Is Liable

Bicycle accidents occur in a variety of ways. Liability in your case will depend on the specific circumstances of your crash.

Driver Negligence

Collisions with cars and other vehicles are the most common bicycle accidents we deal with. Drivers are often at fault due to behaviors like:

Distracted driving: According to statistics from the National Highway Traffic Safety Administration (NHTSA), 621 cyclists and pedestrians died in accidents involving a distracted driver in 2022.
Failing to yield: When drivers fail to yield to cyclists at intersections, serious collisions often occur.
Aggressive driving: Many bicycle accidents occur because of speeding, tailgating, or unsafe attempts at overtaking.

In these cases, the driver is typically liable for the cyclist’s damages.

Public Authority Liability

If you fell off your bike because of a road defect or hazard on a public road (such as a large pothole in a cycle lane), you may be entitled to compensation from the public authority in charge of the road in question.

You should note, however, that government agencies have limited liability in personal injury cases because of the doctrine of sovereign immunity. Under the Colorado Governmental Immunity Act, you must meet specific criteria to file suit against the government, and you must also signal your intention to do so within 182 days of the incident.

Bicycle Manufacturer Defects

Sometimes, the bicycle itself—or a component like brakes or tires—fails due to a manufacturing or design defect. In these cases, manufacturers and retailers may be held liable for damages.

How Much Is My Bicycle Accident Claim Worth in Colorado?

An experienced personal injury attorney will give you the best possible chance of maximizing your compensation. If you’ve been in a bicycle accident, contact our office today to schedule a free initial consultation about your case. You can reach us via our online contact form or over the phone at (720) 526-3089.