What Rights Do Cyclists Have After a Car Hits Them?
Written by Molly A. Ullrich
If a car hits you while you are cycling, you have specific rights designed to protect you and ensure you receive fair treatment. You are entitled to seek compensation for injuries, damages, and related expenses through legal channels. Understanding these rights is essential for navigating the aftermath of an accident effectively.
You have the right to medical care, to report the incident to authorities, and to request the driver’s insurance information. You can also pursue legal action if necessary to hold the responsible party accountable. Knowing how to assert these rights can make a significant difference in your recovery and compensation.
Accidents can be overwhelming, but being informed about your rights helps you act promptly and protect your interests. This article guides you through what those rights are and how you can use them after a collision with a car.
Understanding Cyclists’ Legal Rights After a Collision
If a car hits you while cycling, certain legal rights and protections apply to help safeguard your interests. You should be aware of both your general legal protections and specific local traffic laws that impact bicycle accident cases, especially in Denver.
Legal Protections for Cyclists
You have the right to seek compensation for injuries and property damage caused by a driver’s negligence. This includes medical costs, lost wages, and pain and suffering. Drivers are required by law to exercise reasonable care to avoid collisions with cyclists.
Your rights include reporting the accident to law enforcement and requesting an official report. You may also preserve evidence such as photos, witness statements, and damaged property. Insurance companies must treat you fairly under most state laws.
In Colorado, you can file a personal injury claim or lawsuit if the driver was at fault. Comparative negligence rules may reduce your compensation if you share fault, so accurate documentation is critical.
Key Denver Traffic Laws Impacting Bicycle Accidents
Denver law requires drivers to maintain at least a three-foot distance when passing cyclists. Violating this can be evidence of negligence in a collision case. You must also follow local bike lane rules and signals.
Drivers must yield to cyclists at crosswalks and intersections. Failure to do so often results in citations that support your claim. Denver follows the Uniform Vehicle Code, which includes specific provisions for cyclist safety.
If you are injured, timely reporting to the police is essential to activate legal protections. Denver’s municipal code also requires drivers involved in collisions causing injury to stop and provide information. Understanding these laws helps you assert your rights effectively.
Critical Steps to Take Immediately After a Bicycle Accident
After a car hits you, your priority is to protect yourself and secure help. At the same time, you must collect clear evidence to support your rights and any future claims. Both actions are crucial and should be done as soon as possible.
Ensuring Safety and Contacting Authorities
First, move to a safe location if you are able. Avoid standing in traffic or near the accident scene where further injury can occur. If you cannot move, signal for help or wait for emergency services.
Next, call 911 or the local emergency number immediately, even if injuries seem minor. Police need to document the accident officially, which creates an important record for your case. Report all details clearly and answer officer questions truthfully.
Seek medical attention as soon as you can, even if you don’t feel pain immediately. Some injuries, like concussions or internal damage, may not show signs at first. Keep all medical records as part of your evidence.
Gathering and Documenting Evidence
Begin by taking photos or videos of the accident scene, your injuries, and damages to the bike and vehicle. Capture skid marks, traffic signals, road conditions, and any relevant signage. This visual proof can clarify the circumstances.
Exchange contact and insurance information with the driver involved. Get names, phone numbers, license plate numbers, and insurance details. Also, note the make and model of the vehicle.
If there are witnesses, ask for their names and contact information. Their statements can support your account if there’s a dispute later. Write down a detailed account of the accident while it’s fresh in your memory. Include the time, location, weather, and how events unfolded. Keep this alongside official reports for reference.
Navigating Insurance, Compensation, and Legal Assistance
After a car hits you as a cyclist, understanding how to handle insurance claims, compensation, and legal help is essential. You need clear steps for filing claims, knowing your rights during negotiations, and deciding when to seek expert legal support.
Filing Insurance Claims and Seeking Compensation
You must report the accident to the at-fault driver’s insurance company as soon as possible. Provide accurate details but avoid admitting fault or speculating about blame.
Compensation can cover medical bills, lost wages, property damage, and pain and suffering. Keep all documentation, including medical records and repair estimates, to support your claim.
Insurers may try to minimize payouts or deny claims, so be prepared for possible disputes. Timely filing within legal deadlines is crucial to avoid losing your right to compensation.
The Importance of Legal Representation
Having a lawyer improves your chances of receiving fair compensation. Legal representation ensures insurers do not exploit your lack of knowledge about your rights and laws. Lawyers help gather evidence, communicate with insurers, and negotiate settlements. They can also advise if your case should proceed to court.
You avoid costly mistakes and increase your claim’s success by working with an attorney familiar with cyclist injury laws.
Addressing Legal Challenges with Smith & Weidinger PLLC
Smith & Weidinger PLLC specializes in cyclist injury cases and understands common defenses used by insurers or drivers, and we provide tailored strategies to overcome legal hurdles.
Our firm investigates liability thoroughly and advocates for full compensation of your injuries and losses. We also offer clear guidance on complex legal processes so you can focus on recovery.
With Smith & Weidinger PLLC, you gain experienced support to challenge unfair practices and protect your rights effectively.
Note: The information provided in this blog post has been compiled from publicly available and secondary sources. While we strive for accuracy, some details may become outdated or contain inadvertent errors. If you believe any information is incorrect or requires updating, please contact Smith & Weidinger so that we may review and make the appropriate corrections.
Disclaimer: This blog post is for informational purposes only and is not intended as a solicitation for business. The photo used is not from the scene of the incident described. Viewing this content does not create an attorney-client relationship with Smith & Weidinger. If you have been injured in an accident, please seek immediate medical attention and then consult with a qualified attorney to discuss your legal rights and options.
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