Bicycle Accidents

The Denver Post reported this week that a bicycle rider was seriously injured in Jefferson County after she was struck from behind by a car driven by a man from Boulder. The injured woman was taken to St. Anthony Central Hospital for treatment. Bicycling has always been a popular form of transportation and recreation in Colorado. With gas prices rising to new highs, bicycling has increasingly become an alternative method of transportation. Unfortunately, increased ridership has also led to an increase in bicycle-related accidents.

According to the National Center for Injury Prevention and Control, each year more than 500,000 people are treated in emergency rooms in the U.S. and more than 700 people die as a result of bicycle-related injuries. Statistics cite four major causes of bike accidents: 1) Rider Error; 2) Fault of a Motorist; 3) Product Defects; and 4) Roadway Defects.

Rider Error
Rider Error is a common defense to any bicycle accident; the defense will simply assert that the rider caused the accident and should therefore be responsible for any injuries or damages arising from the accident. Careless conduct on the part of the cyclist is frequently cited as a contributing factor in an accident. Excessive speed, unsafe lane changes, cutting in front of cars and other reckless maneuvers are all examples of careless conduct.

Fault of the Motorist
Collisions with cars account for only one-third of all bicycle accidents, however, they account for the majority of serious injuries and deaths. Drunk driving, speeding, failure to yield, inattentiveness and unsafe turns are all frequent causes of collisions between cars and bicycles. Since the cyclist may be too injured to speak to any officer responding to the scene of the accident, the police report may be biased in favor of the driver. It is important to obtain a copy of any police reports as soon as possible to correct any inaccuracies before the report may be used against you.

Product Defects
As with any other type of product, bikes may have defects attributable to poor design, improper manufacturing techniques, faulty components or assembly, or failure to properly instruct or warn. If you suspect that product failure caused or contributed to an accident, it is critical to keep the bicycle and all component parts for examination by an expert. The bike and its parts must be kept in substantially the same condition as they existed at the time of the accident; do not send your bike in for repairs or to the manufacturer for inspection until your lawyer and experts perform their own examination and inspection. If the bike or its components are repaired or lost, it may be difficult or even impossible to prove a case of product defect.

Roadway Defect
In any bicycle accident, it is important to examine the location of the accident to determine if a roadway defect caused or contributed to the accident. Since most roadways are under the control of a city, county or the State of Colorado, you have a shorter period of time in which to file a lawsuit, since personal injury claims against government entities generally must be filed within six months of the injury. Claims against government entities are governed by statute, and require special expertise.

Thanks for reading our blog. If you have been injured in a bike accident, contact Paulsen & Armitage, P.C. at 303-426-7336 for a free, confidential consultation.