Mintz Law Firm
Bicycle Accident Lawyer in Boulder, CO
Bicycling is a wonderful way to stay healthy, reduce your carbon footprint, and enjoy the outdoors. Despite those benefits, it can also be dangerous, especially when drivers fail to share the road responsibly. Many cyclists are hurt because of a motorist's negligence, and the consequences can reach into their health, finances, and quality of life.
If you have been seriously hurt in a bicycle crash, it helps to speak with an experienced Boulder, CO, bicycle accident attorney who can protect your rights. Mintz Law Firm may be able to help you pursue the compensation you need. Our Boulder personal injury lawyers help injured cyclists hold negligent drivers accountable, and we keep things personal by staying in regular contact with you throughout your claim.
Colorado Filing Deadlines Apply
Most Colorado injury lawsuits must be filed within two years. Crashes involving a motor vehicle generally have three years. Claims involving a public entity may require written notice within 182 days.
Free consultations. No fees unless we recover compensation for you.
Important Differences Between Car Accident and Bicycle Accident Claims
The key differences between a car accident claim and a bicycle accident claim can shape the legal process and the potential outcome of your case. Both involve injuries and property damage, but several factors set a bicycle claim apart. Our overview of bicycle versus auto collisions covers more of these differences.
Liability and Negligence
In car accidents, liability is typically determined by the fault of the drivers involved. Colorado is an “at-fault” state, which means the person who caused the accident is responsible for the damages and injuries that result.
In bicycle accidents, liability can be more complex. Under Colorado law, a person riding a bicycle generally has the same rights and duties as the driver of any other vehicle, and cyclists must follow the same rules of the road. In some cases, a driver’s negligence is the main cause of the crash. A bicycle accident attorney in Boulder can help determine the extent of each party’s liability.
Injury Severity
Another difference is how serious the injuries can be. Because bicycles provide less protection than cars, cyclists face a higher risk of serious injury or wrongful death in a crash. The Colorado Department of Transportation reports that pedestrian and bicyclist deaths have risen 78 percent since 2015, and that 2024 was the second deadliest year on record for the two groups combined, with 134 deaths. Because of the severity of these injuries, bicycle accident claims may involve higher medical costs than car accident claims.
Insurance Coverage
In Colorado, drivers are required to carry liability insurance with a minimum of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $15,000 for property damage. That coverage may not be enough to fully compensate a cyclist for their injuries and damages. In addition, cyclists may be covered under their own insurance policies or the policies of a family member, and some policies include medical payments or uninsured and underinsured motorist coverage that may apply to a bicycle crash.
Negotiation and Litigation
Finally, the legal process for resolving car and bicycle accident claims can differ. Car accident claims are often settled through negotiation between the parties or their attorneys. Bicycle accident claims can involve more complex liability questions and higher damages, so they may require litigation in court. For that reason, it helps to work with a bicycle accident attorney who is prepared for both negotiation and trial.
| At a glance | Car accident claim | Bicycle accident claim |
|---|---|---|
| Liability | Based on the fault of the drivers involved. Colorado is an at-fault state. | Cyclists have the same rights and duties as drivers, and fault can be more complex. |
| Injury severity | Occupants have more protection. | Riders have little protection and face a higher risk of serious injury. |
| Insurance | The at-fault driver’s liability coverage, with a $25,000 / $50,000 / $15,000 minimum. | The driver’s coverage, plus the cyclist’s own medical payments or uninsured/underinsured coverage that may apply. |
| Process | Often settled through negotiation. | May involve more complex liability questions and litigation. |
Colorado Bicycle Laws That Can Affect Your Boulder Claim
Several Colorado traffic laws can affect who is responsible for a crash. C.R.S. 42-4-1412 gives people on bicycles the rights and duties of other vehicle drivers, which includes the right to use the road. C.R.S. 42-4-1003 requires a driver passing a cyclist to leave at least three feet between the vehicle, including its mirrors, and the cyclist. C.R.S. 42-4-1207 prohibits opening a vehicle door into traffic unless it is reasonably safe to do so, which is the rule that applies in dooring crashes. Since January 1, 2025, drivers may use a phone only in hands-free mode, according to Boulder County’s cycling safety guidance.
When a driver breaks one of these rules, that violation may help show the driver was negligent. Our article on whether bicyclists have the right of way in Colorado goes into more detail.
Common Causes of Bicycle Accidents in Boulder
The Colorado Department of Transportation lists Boulder as one of three Colorado cities among the 20 U.S. cities where the most people commute to work by bike. More riders on the road means more chances for conflicts with drivers. Crashes we commonly see include left-turn collisions, where a driver turns across a cyclist’s path, and right-hook crashes, where a driver turns right directly in front of a rider. Others involve drivers who pass too closely, open a car door into a bike lane, or fail to yield at intersections and driveways.
Distracted driving, speeding, and impaired driving also play a role. Road hazards can contribute as well, including potholes, debris, and poorly marked paths. Whatever caused your crash, the details matter, because they help determine who may be responsible and what evidence is needed to prove it.
Common Injuries from Bicycle Accidents
A rider has little protection from a vehicle or the pavement, so bicycle crashes can injure nearly every part of the body. Head injuries are among the most serious, ranging from concussions to traumatic brain injuries that can affect memory and concentration. A helmet can lower the risk of some head trauma, but it cannot prevent every brain injury. Broken wrists, collarbones, arms, legs, and pelvic fractures are also common, along with torn ligaments and road rash.
Neck and back injuries can be more serious than they first appear, and some involve the spinal cord. Internal injuries may not show visible signs right away. Symptoms that get worse after a crash, such as increasing pain or shortness of breath, call for immediate medical care.
Who May Be Liable After a Boulder Bicycle Crash
In most cases, the driver who caused the crash is responsible. If the driver was working at the time or driving a company vehicle, an employer may share responsibility. A defective bicycle part or helmet may point to a manufacturer, and a dangerous condition on private property may point to the owner. If the driver left the scene, our page on hit-and-run accidents explains what options may be available.
A crash caused by a dangerous condition on a public road or path may involve a government entity. These claims have special rules. Under the Colorado Governmental Immunity Act, you generally must give written notice within 182 days after you discover your injury, and the Colorado Supreme Court has confirmed that missing this notice period can end a claim. Our article on the Colorado Governmental Immunity Act covers these claims in more depth.
Colorado Time Limits for Bicycle Accident Claims
Most Colorado personal injury lawsuits must be filed within two years under C.R.S. 13-80-102. Claims that arise from the use or operation of a motor vehicle generally have three years under C.R.S. 13-80-101(1)(n), which typically applies when a car or truck hits a cyclist. A wrongful death claim generally must be filed within two years of the date of death. The clock usually starts when you knew, or reasonably should have known, about the injury and its cause. Missing a deadline can permanently end your right to compensation, so it is wise to speak with an attorney early. Our Colorado statute of limitations guide has more detail.
What to Do After a Bicycle Accident in Boulder
Get medical care first, even if you feel fine, because adrenaline can hide pain and some injuries appear later. Call 911 so police can respond. Colorado law also lets you ask the law enforcement agency to complete a report for a bicycle injury even when no motor vehicle was involved, and our guide explains what happens if there is no police report.
Next, document what you can. Photograph the scene, your injuries, your bike, and your helmet, and collect names and contact details for any witnesses. Keep your damaged bike and gear instead of repairing or discarding them, because they may be evidence. If you forgot to take pictures, read our tips on what to do if you forget to take pictures after a car accident. Avoid giving a recorded statement to an insurance company before you speak with an attorney.
Does Not Wearing a Helmet Impact a Bicycle Accident Claim?
If you are in a bicycle accident in Colorado, not wearing a helmet may affect your claim, even when the other driver caused the crash. Colorado law does not require adults to wear helmets when riding a bicycle, and our article on Colorado’s helmet laws explains the rules. Still, failing to wear one can affect the damages you may be able to recover in a personal injury lawsuit.
Shared Fault in Colorado
Colorado does not follow the old “contributory negligence” rule that blocks any recovery if an injured person shares even a small amount of blame. Instead, Colorado uses a modified comparative negligence system, which looks at how much each person contributed to the crash. If a person is injured because of another party’s fault, but their own conduct also played a part, the damages they can recover may be reduced.
If you were not wearing a helmet, the other party’s insurance company may argue that this contributed to the severity of your injuries. That argument may reduce the amount you can recover in a personal injury lawsuit, which is why it helps to have an attorney counter it.
Comparative Negligence
Under C.R.S. 13-21-111, if you are found to be partially at fault for an accident, your damages may be reduced by the percentage of fault assigned to you. For example, if you are found to be 30% at fault because you were not wearing a helmet, your damages may be reduced by 30%. If your share of fault is equal to or greater than the other party’s, your claim may be barred. Our article on Colorado’s modified comparative negligence law explains this rule further.
Impact on Damages
Not wearing a helmet can also affect the damages you may recover for medical expenses, lost wages, and pain and suffering. Insurance companies may argue that your injuries could have been less severe, or avoided altogether, if you had been wearing a helmet. As a result, your damages may be reduced, and you may not be able to recover the full cost of your medical treatment or lost income.
Even if you were not wearing a helmet at the time of the accident, you may still be able to recover damages for your injuries. An experienced bicycle accident attorney can help you work through the legal issues involved and advocate for your interests. You can also read more about bicycle accident claims in Colorado on our main bicycle accident page.
Contact Mintz Law Firm About Your Boulder Bicycle Accident Today
A bicycle accident can be a traumatic and life-changing event, and the physical, emotional, and financial toll can feel overwhelming. For more than 30 years, Mintz Law Firm has helped injured Coloradans pursue the compensation they need. We work on a contingency fee basis, so you pay no fees unless we recover compensation for you, and we offer free consultations.
Our Boulder bicycle accident lawyers listen to your story, answer your questions, and explain your legal options so you can focus on your recovery while we work on your claim. Do not wait to get the help you need. Call us at (303) 462-2999 or complete our online contact form to schedule your free consultation today.
Frequently Asked Questions About Boulder Bicycle Accident Claims
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