CHALAT HATTEN & KOUPAL PC
1900 Grant St Suite 1050
Denver Colorado 80203

Bicycle Accidents

Return to Motor Vehicle Accidents

Road Accidents Involving Bicycles
 

In 2007, 698 cyclists were killed and an additional 44,000 were injured in traffic crashes; in Colorado alone there were 11 bicycle fatalities on the road.

Cyclist deaths accounted for 2 percent of all traffic fatalities, and bicyclists made up 2 percent of all the people injured in traffic crashes during the year.

In most motor vehicle/bicycle crashes involving adults, the motorist either turns left into an oncoming bicyclist heading straight in the opposite direction, or the motorist turns right into a bicyclist heading straight in the same direction. Frequently a motorist will drive out from a driveway or through a stop sign, colliding with a bicyclist. The traffic laws of Colorado determine liability in such cases, and we have the experience to press the claims of innocent victims.

Tips to Avoid an Accident

Colorado has a particular statute relating to the duty of care of bicyclists when on public roadways. The relevant portions of the statute are set out below. The most critical elements are that bicyclists have the same rights and duties as motorized vehicles. This means that bicyclists must stop at red lights, stop signs, and must obey all other rules of the road. Hand signals, etc., must be used, bicyclists must ride single file, and on the right side, as far to the right as is safely practicable.

Colorado has a statute which details the rights and duties of bicyclists on the roads. The statute was amended in 2005, and the pertinent parts provide:

§ 42-4-1412. Operation of bicycles and other human-powered vehicles

(1) Every person riding a bicycle shall have all of the rights and duties applicable to the driver of any other vehicle under this article, except as to special regulations in this article and except as to those provisions which by their nature can have no application. Said riders shall comply with the rules set forth in this section and section 42-4-221, and, when using streets and highways within incorporated cities and towns, shall be subject to local ordinances regulating the operation of bicycles as provided in section 42-4-111.

. . .

(5) (a) ANY PERSON OPERATING A BICYCLE UPON A ROADWAY AT LESS THAN THE NORMAL SPEED OF TRAFFIC SHALL RIDE IN THE RIGHT-HAND LANE, SUBJECT TO THE FOLLOWING CONDITIONS:

(I) IF THE RIGHT-HAND LANE THEN AVAILABLE FOR TRAFFIC IS WIDE ENOUGH TO BE SAFELY SHARED WITH OVERTAKING VEHICLES, A BICYCLIST SHALL RIDE FAR ENOUGH TO THE RIGHT AS JUDGED SAFE BY THE BICYCLIST TO FACILITATE THE MOVEMENT OF SUCH OVERTAKING VEHICLES UNLESS OTHER CONDITIONS MAKE IT UNSAFE TO DO SO.

(II) A BICYCLIST MAY USE A LANE OTHER THAN THE RIGHT-HAND LANE WHEN:

(A) PREPARING FOR A LEFT TURN AT AN INTERSECTION OR INTO A PRIVATE ROADWAY OR DRIVEWAY;

(B) OVERTAKING A SLOWER VEHICLE; OR

(C) TAKING REASONABLY NECESSARY PRECAUTIONS TO AVOID HAZARDS OR ROAD CONDITIONS.

(III) UPON APPROACHING AN INTERSECTION WHERE RIGHT TURNS ARE PERMITTED AND THERE IS A DEDICATED RIGHT-TURN LANE, A BICYCLIST MAY RIDE ON THE LEFT-HAND PORTION OF THE DEDICATED RIGHT-TURN LANE EVEN IF THE BICYCLIST DOES NOT INTEND TO TURN RIGHT.

(b) A BICYCLIST SHALL NOT BE EXPECTED OR REQUIRED TO:

(I) RIDE OVER OR THROUGH HAZARDS AT THE EDGE OF A ROADWAY, INCLUDING BUT NOT LIMITED TO FIXED OR MOVING OBJECTS, PARKED OR MOVING VEHICLES, BICYCLES, PEDESTRIANS, ANIMALS, SURFACE HAZARDS, OR NARROW LANES; OR

(II) RIDE WITHOUT A REASONABLE SAFETY MARGIN ON THE RIGHT-HAND SIDE OF THE ROADWAY.

(c) A PERSON OPERATING A BICYCLE UPON A ONE-WAY ROADWAY WITH TWO OR MORE MARKED TRAFFIC LANES MAY RIDE AS NEAR TO THE LEFT-HAND CURB OR EDGE OF SUCH ROADWAY AS JUDGED SAFE BY THE BICYCLIST, SUBJECT TO THE FOLLOWING CONDITIONS:

(I) IF THE LEFT-HAND LANE THEN AVAILABLE FOR TRAFFIC IS WIDE ENOUGH TO BE SAFELY SHARED WITH OVERTAKING VEHICLES, A BICYCLIST SHALL RIDE FAR ENOUGH TO THE LEFT AS JUDGED SAFE BY THE BICYCLIST TO FACILITATE THE MOVEMENT OF SUCH OVERTAKING VEHICLES UNLESS OTHER CONDITIONS MAKE IT UNSAFE TO DO SO.

(II) A BICYCLIST SHALL NOT BE EXPECTED OR REQUIRED TO:

(A) RIDE OVER OR THROUGH HAZARDS AT THE EDGE OF A ROADWAY, INCLUDING BUT NOT LIMITED TO FIXED OR MOVING OBJECTS, PARKED OR MOVING VEHICLES, BICYCLES, PEDESTRIANS, ANIMALS, SURFACE HAZARDS, OR NARROW LANES; OR

(B) RIDE WITHOUT A REASONABLE SAFETY MARGIN ON THE LEFT-HAND SIDE OF THE ROADWAY.

(6) (a) PERSONS RIDING BICYCLES UPON A ROADWAY SHALL NOT RIDE MORE THAN TWO ABREAST EXCEPT ON PATHS OR PARTS OF ROADWAYS SET ASIDE FOR THE EXCLUSIVE USE OF BICYCLES.

(b) PERSONS RIDING BICYCLES TWO ABREAST SHALL NOT IMPEDE THE NORMAL AND REASONABLE MOVEMENT OF TRAFFIC AND, ON A LANED ROADWAY, SHALL RIDE WITHIN A SINGLE LANE.

Were you hit by a vehicle while cycling?

Call for a free consultation with a lawyer:
Toll free: 800.221.5526
Local calls: 303.861.1042

Or send us an e-mail (please enter all requested information):

HELP when you most need it!

Car Crash Help Kit offered by Chalat Hatten & Koupal

car crash help app from Chalat Hatten & Koupal

Chalat Hatten & Koupal Car Crash Help Kit is an easy to use application that will help you accurately record all the information at the scene of a car crash.

Download our FREE
Car Crash Help App
for your iPhone or Android