Bicycle Accident Archives | Colorado Springs Attorneys https://www.thebusseylawfirm.com/category/bicycle-accident/ Criminal Defense & Personal Injury Lawyers Thu, 30 Jan 2025 22:42:08 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 https://www.thebusseylawfirm.com/wp-content/uploads/2023/11/cropped-Bussey-Law-Firm-Favicon-32x32.jpg Bicycle Accident Archives | Colorado Springs Attorneys https://www.thebusseylawfirm.com/category/bicycle-accident/ 32 32 The Most Common Ways That Bicycle Accidents Occur https://www.thebusseylawfirm.com/the-most-common-ways-that-bicycle-accidents-occur/ Mon, 15 Apr 2024 21:49:48 +0000 https://www.thebusseylawfirm.com/?p=8774 Bicycle accidents are complex events with various contributing factors. However, the biggest threat to cyclists is drivers who do unsafe maneuvers and fail to look out for bicyclists. People who are concerned about bicycle safety in Colorado can help by advocating for infrastructure improvements, additional bicycle safety laws, and more rigorous enforcement of existing traffic [...]

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Bicycle accidents are complex events with various contributing factors. However, the biggest threat to cyclists is drivers who do unsafe maneuvers and fail to look out for bicyclists.

People who are concerned about bicycle safety in Colorado can help by advocating for infrastructure improvements, additional bicycle safety laws, and more rigorous enforcement of existing traffic laws, especially DUI and distracted driving.

Failure to Yield

Failure to yield occurs when a driver does not give the right of way to a cyclist who is legally entitled to it. This can happen at stop signs, yield signs, or when a cyclist is proceeding through an intersection with the right of way. It may also occur when a driver enters a roadway from a driveway or turns across a bike lane.

When a driver fails to yield to a cyclist, it can result in a cyclist being cut off or hit by a vehicle. Drivers must be aware of their responsibilities on the road to ensure safety for all parties involved. To combat this issue, many cities are introducing traffic calming measures and educational campaigns aimed at increasing driver awareness of cyclist rights and safety.

Despite these efforts, failure to yield remains a persistent challenge, underscoring the need for continuous education and improved road-sharing practices.

The Dangers of Dooring

Dooring is a term used to describe a type of bicycle accident that occurs when a driver or passenger opens their car door into the path of a cyclist without checking for oncoming traffic. This can cause the cyclist to collide with the door, leading to severe injuries. Dooring is particularly dangerous because it happens suddenly, leaving the cyclist little time to react or avoid a collision. These types of accidents are common in urban areas where parking on the street next to bike lanes is prevalent.

To reduce the danger of dooring, some jurisdictions have introduced laws that place the responsibility to ensure the car door is safe to open on the person opening the door. For cyclists, awareness and preparedness are key to avoiding dooring accidents, which includes being vigilant of parked cars and their occupants when riding near them.

The Risks of Unsafe Lane Changes

Unsafe lane changes pose a significant risk to cyclists. These maneuvers can be dangerous when drivers do not properly check their mirrors or blind spots for cyclists before changing lanes. Cyclists can be sideswiped or forced to do sudden, unsafe maneuvers to avoid collisions. The risk is elevated in heavy traffic conditions where drivers may neglect the presence of cyclists because they are more focused on other vehicles.

To reduce these risks, it’s essential for drivers to be educated about sharing the road and using appropriate signals when changing lanes. Cyclists should also stay alert and be prepared to take action. Protective measures such as wearing visible clothing and using bike lights can also increase a cyclist’s visibility to drivers.

Impacts of Poor Road Conditions

Poor road conditions are a major hazard for cyclists and can lead to accidents. Potholes, uneven road surfaces, debris, and lack of proper signage can cause cyclists to lose control and fall, potentially into the path of oncoming traffic. Roads that are not maintained can create an unpredictable environment for cyclists, who require smooth surfaces for safe travel. In areas with severe weather conditions, such as heavy rain or snow, the risks become even more pronounced as these elements can exacerbate existing road damage and obscure hazards.

It is the responsibility of local governments to ensure that roadways are kept in good condition for all users, including cyclists. However, cyclists can further help protect themselves by being vigilant, avoiding known areas with poor road conditions when possible, and advocating for better community maintenance and cycling infrastructure.

The Role of Careless Drivers

Careless driving is a significant factor in bicycle accidents. When drivers are not fully attentive to the road, whether due to distractions such as mobile phones, navigation systems, or simply not paying attention to their surroundings, they may overlook the presence of cyclists. Being inattentive can lead to various dangerous behaviors, from swerving into bike lanes to failing to stop at crosswalks where cyclists have the right of way.

Driver carelessness also plays a role in aggressive driving habits such as speeding or tailgating, which can intimidate and endanger cyclists.

It’s critical for drivers to understand the potential impact of their actions behind the wheel and to always be vigilant for more vulnerable road users like cyclists. For their part, cyclists can be proactive in staying visible to drivers by using hand signals, wearing bright clothing, and always using lights after dark.

Colorado Has a Three-Foot Bicycle Passing Law

Colorado’s three-foot law mandates that motorists maintain a minimum distance of three feet when passing a cyclist on the road. This law was enacted to reduce the risk of collisions and ensure that cyclists have enough room to navigate safely. It applies to all roadways in the state and carries strict legal consequences for drivers who fail to give cyclists the room they’re entitled to.

Our Colorado Springs Bicycle Accident Lawyers Help Those Seriously Injured in a Bicycle Crash

The Bussey Law Firm, P.C., will help you get the money you need to cover your medical bills and other expenses by filing a claim or lawsuit against anyone who committed an act of negligence that contributed to your injuries.

The attorneys at our firm has been helping people in Colorado for over 25 years. Timothy Bussey received a Gold Client Champion Award from Martindale-Hubbell and has been featured in Super Lawyers Magazine. Timothy Bussey is also recognized as a Fellow by the Litigation Counsel of America.

Call (719) 475-2555 to speak with one of our Colorado Springs bicycle accident attorneys today.

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Do I need a lawyer for my Douglas County, CO bicycle accident case? https://www.thebusseylawfirm.com/do-i-need-a-lawyer-for-my-douglas-county-co-bicycle-accident-case/ Sat, 17 Feb 2024 02:00:39 +0000 https://www.thebusseylawfirm.com/?p=3475 Accidents involving bicycles can be not only physically devastating but also legally complex. In Douglas County, CO, if you find yourself a victim of a bicycle accident, you might be questioning whether you need legal assistance to navigate through the aftermath. The Bussey Law Firm, P.C. understands the intricacies of such cases and aims to [...]

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Accidents involving bicycles can be not only physically devastating but also legally complex. In Douglas County, CO, if you find yourself a victim of a bicycle accident, you might be questioning whether you need legal assistance to navigate through the aftermath. The Bussey Law Firm, P.C. understands the intricacies of such cases and aims to shed light on the necessity of having legal representation in these situations.Do I need a lawyer for my Douglas County CO bicycle accident case

The Legal Landscape in Douglas County, CO

Douglas County, located in the picturesque state of Colorado, is known for its scenic landscapes and a growing population of cyclists. While the county is cyclist-friendly, accidents involving bicycles are not uncommon. Understanding the legal landscape in Douglas County is crucial for anyone involved in a bicycle accident.

Colorado law emphasizes shared responsibility on the road, and this includes cyclists. However, when an accident occurs, determining liability can become a complex process. The need for legal counsel becomes apparent as you navigate through the nuances of local laws, insurance claims, and potential legal actions.

Insurance Complexities

One of the primary reasons to consider legal representation after a bicycle accident in Douglas County is the complex nature of insurance claims. Even if you are not at fault, dealing with insurance companies can be a daunting task. Insurance adjusters may attempt to minimize your claim or assign a percentage of fault to you, impacting the compensation you rightfully deserve.

A skilled Douglas County bike accident lawyer can help you communicate effectively with insurance companies, ensuring that your rights are protected and that you receive fair compensation for medical expenses, property damage, and other losses incurred due to the accident.

Understanding Comparative Negligence

Douglas County operates under the principle of comparative negligence, which means that the compensation you receive can be reduced based on your percentage of fault in the accident. Proving the other party’s negligence while defending your own actions requires legal experience.

An experienced attorney will thoroughly investigate the circumstances of the accident, collect evidence, and build a strong case to establish the other party’s liability. This becomes particularly crucial when dealing with the complexities of comparative negligence in Colorado.

Statute of Limitations

Another critical aspect that highlights the need for legal representation in Douglas County bicycle accident cases is the statute of limitations. In Colorado, there is a limited timeframe within which you can file a personal injury lawsuit. Missing this deadline could result in the forfeiture of your right to seek compensation.

A knowledgeable attorney will ensure that all necessary legal actions are initiated within the stipulated timeframe. This includes gathering evidence, filing paperwork, and meeting court requirements, providing you with peace of mind during an undoubtedly challenging time.

Dealing with Medical Expenses

Bicycle accidents often result in significant medical expenses, including hospital bills, rehabilitation costs, and ongoing medical care. Understanding how to recover these expenses and ensure future medical needs are met requires legal experience.

A skilled attorney can work with medical professionals to assess the extent of your injuries and calculate the long-term financial impact. This comprehensive approach ensures that your settlement adequately covers current and future medical expenses, providing you with the financial resources needed for a full recovery.

Property Damage and Compensation

In addition to personal injuries, bicycle accidents can cause substantial damage to your property, including your bike. Seeking compensation for property damage involves navigating through insurance claims and negotiations with the at-fault party

Legal representation becomes invaluable in ensuring that you receive fair compensation for property damage. A lawyer can assess the true value of your losses, negotiate with insurance companies, and pursue legal action if a satisfactory settlement cannot be reached through negotiation.

Emotional Distress and Non-Economic Damages

Beyond the tangible losses, bicycle accidents can also result in emotional distress and other non-economic damages. These damages are often challenging to quantify, and insurance companies may attempt to downplay their significance.

An experienced attorney can help you articulate and document the emotional impact of the accident, ensuring that you are appropriately compensated for intangible losses. This comprehensive approach takes into account the full spectrum of damages, providing you with a more holistic and fair resolution.

Moving Forward After a Bicycle Accident

Recovering from a bicycle accident involves not just legal proceedings but also physical and emotional healing. As you embark on this journey, there are several steps you can take to ensure a smoother road to recovery.

Seeking Immediate Medical Attention

After a bicycle accident, your health should be your top priority. Even if your injuries seem minor initially, it’s crucial to seek immediate medical attention. Some injuries may not manifest symptoms immediately, and a timely medical evaluation can uncover any underlying issues.

Prompt medical attention not only ensures your well-being but also establishes a documented record of your injuries. This medical record will be instrumental in building a strong case if legal action becomes necessary.

Documenting the Scene

If your physical condition allows, take the time to document the accident scene. This includes taking photographs of the location, your bicycle, and any visible injuries. Additionally, collect contact information from any witnesses who may have observed the incident. This documentation can serve as valuable evidence in your case.

Reporting the Accident

In Douglas County, reporting the accident to law enforcement is typically required. Contact the local police or sheriff’s office to file a report detailing the circumstances of the incident. This official documentation is crucial for insurance claims and any potential legal action.

Preserving Evidence

Evidence is vital for a successful legal case. Keep a record of all medical documents, bills, and receipts related to your injuries and treatment. Maintain a file that includes correspondence with insurance companies, law enforcement reports, and any other relevant information. This organized documentation will assist your attorney in building a robust case on your behalf.

Communicating with Insurance Companies

While legal representation is essential, your initial interactions with insurance companies can significantly impact your case. Be cautious when communicating with insurance adjusters, providing only factual information and avoiding statements that could be misconstrued.

Consult with your Douglas County personal injury attorney before accepting any settlement offers from insurance companies. Insurance adjusters may attempt to settle quickly, often offering amounts that may not fully cover your damages. Legal guidance ensures that you receive a fair and comprehensive settlement.

Emotional Support and Mental Well-Being

Bicycle accidents can take a toll on your mental health as well. It’s essential to seek emotional support from friends, family, or mental health professionals. Coping with the aftermath of an accident is a process, and addressing the emotional impact is crucial for overall well-being.

Consider joining support groups or seeking therapy to help navigate the emotional challenges associated with a bicycle accident. Your mental health is a key component of your overall recovery, and prioritizing it will contribute to a more positive outcome.

If you or a loved one has been involved in a bicycle accident in Douglas County, don’t navigate the legal complexities of a bicycle accident trial alone. Contact The Bussey Law Firm, P.C. today for a free consultation. Our experienced attorneys are dedicated to helping you through this challenging time, ensuring that your rights are protected, and you receive the compensation you rightfully deserve.

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What to expect at a Douglas County, CO bicycle accident mediation or trial https://www.thebusseylawfirm.com/what-to-expect-at-a-douglas-county-co-bicycle-accident-mediation-or-trial/ Sat, 20 Jan 2024 02:00:44 +0000 https://www.thebusseylawfirm.com/?p=3209 In the aftermath of a bicycle accident in Douglas County, CO, victims often find themselves facing a complex legal journey. The decision to pursue mediation or go to trial is a crucial one, and understanding what to expect in either scenario is essential. At The Bussey Law Firm, P.C., we recognize the challenges our clients [...]

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In the aftermath of a bicycle accident in Douglas County, CO, victims often find themselves facing a complex legal journey. The decision to pursue mediation or go to trial is a crucial one, and understanding what to expect in either scenario is essential. At The Bussey Law Firm, P.C., we recognize the challenges our clients face, and we are committed to providing comprehensive guidance through every step of the process.

Understanding the Mediation Process

Mediation is a popular alternative dispute resolution method that allows parties involved in a bicycle accident case to negotiate and reach a settlement outside the courtroom. It offers a more informal and collaborative setting, with a neutral third party, the mediator, facilitating discussions.

Initial Preparation

Before the mediation session, it is crucial to gather all relevant documentation related to the bicycle accident. This may include medical records, police reports, witness statements, and any other evidence that can support your case. Your attorney at The Bussey Law Firm, P.C. will work closely with you to ensure that all necessary information is compiled and organized for presentation during mediation.

Mediation Session

During the actual mediation, all involved parties, including the victim, their legal representation, and the at-fault party or their representative, will be present. The mediator’s role is to guide the discussions, foster communication, and help the parties explore potential resolutions. While the mediator does not have the authority to impose decisions, their experience in conflict resolution can be instrumental in reaching a mutually agreeable settlement.

Negotiation Dynamics

Negotiation is at the heart of the mediation process. Your attorney will advocate on your behalf, presenting your case and arguing for fair compensation. It’s essential to be open to compromise, as reaching a settlement often involves both parties making concessions. The Bussey Law Firm, P.C. has experienced negotiators who understand the intricacies of bicycle accident cases and will strive to secure the best possible outcome for you.

Resolution and Agreement

If an agreement is reached during mediation, the terms will be documented in a legally binding agreement. This document will outline the responsibilities and compensation for each party involved. The advantage of mediation is that it allows for a more tailored and flexible resolution, often fostering a sense of closure for the parties.

Preparing for a Bicycle Accident Trial in Douglas County

In some cases, mediation may not lead to a satisfactory resolution, and pursuing a trial becomes necessary. Trials involve a more formal legal process, where evidence is presented, witnesses testify, and a judge or jury determines the outcome.

Discovery Phase

Before a trial, both parties engage in the discovery process, during which they exchange information and evidence relevant to the case. This phase helps each side understand the strengths and weaknesses of the other’s arguments. Your Douglas County personal injury attorney at The Bussey Law Firm, P.C. will play a pivotal role in preparing and presenting the evidence that supports your claim.

Court Proceedings

During the trial, your legal team will present the case, including witness testimonies, opinions, and any other evidence that strengthens your position. The opposing party will have the opportunity to cross-examine witnesses and present their own evidence. Trials are formal proceedings, and adherence to legal procedures is paramount.

Judicial Decision

The outcome of a trial is determined by a judge or, in some cases, a jury. The judge or jury will weigh the presented evidence, consider legal arguments, and make a decision based on the law. The Bussey Law Firm, P.C. has a track record of successful litigation, and our attorneys are well-versed in navigating the courtroom to protect the rights and interests of our clients.

Requirements for Mediation and Trial in Douglas County, CO

Whether you opt for mediation or trial, there are certain requirements and considerations specific to Douglas County, CO, that you need to be aware of:

Jurisdictional Rules

Understanding the jurisdictional rules in Douglas County is essential. Different counties may have variations in court procedures and rules. The Bussey Law Firm, P.C. has extensive experience practicing law in Douglas County and is well-versed in the local regulations governing bicycle accident cases.

Statute of Limitations

In Douglas County, as in many jurisdictions, there is a statute of limitations that sets a deadline for filing a personal injury lawsuit. It is crucial to be aware of these time constraints to ensure your case is filed within the prescribed period. Your attorney will guide you through the timeline and ensure all necessary actions are taken promptly.

Evidence Admissibility

Both mediation and trial rely heavily on the presentation of evidence. Understanding the rules of evidence admissibility is crucial to building a strong case. Your legal team at The Bussey Law Firm, P.C. will carefully evaluate and prepare your evidence to ensure its relevance and admissibility in court.

Whether you find yourself in mediation or facing a trial in Douglas County after a bicycle accident, The Bussey Law Firm, P.C. is here to guide you. Our experienced Douglas County bicycle accident lawyers understand the intricacies of personal injury law and are dedicated to securing the best possible outcome for our clients.

As you navigate through the complexities of mediation or trial, remember that having a knowledgeable and committed legal team by your side can make all the difference. Reach out to The Bussey Law Firm, P.C. today for a consultation, and let us be your trusted partner in seeking justice and fair compensation for your bicycle accident case.

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How New Technology May Prevent Bicycle Accidents https://www.thebusseylawfirm.com/how-new-technology-may-prevent-bicycle-accidents/ Mon, 26 Jul 2021 20:12:11 +0000 https://busseylawfirm.wpenginepowered.com/?p=198 Bicyclists put their lives on the line when they head out on the roads throughout Colorado Springs. Whether out training for a marathon or enjoying our pleasant weather, cyclists are the most exposed group on the road and often at the mercy of other drivers. While proper training for both bicyclists and drivers can help [...]

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Bicyclists put their lives on the line when they head out on the roads throughout Colorado Springs. Whether out training for a marathon or enjoying our pleasant weather, cyclists are the most exposed group on the road and often at the mercy of other drivers. While proper training for both bicyclists and drivers can help eliminate bicycle accidents in our communities, new technology may also lend a helping hand.

 

Pedestrian Safety and Modern Vehicles

How New Technology May Prevent Bicycle AccidentsAuto manufacturers have made great strides in improving the safety features of the average sedan or SUV, particularly for pedestrians. It was not too long ago that manufacturers started adding rearview cameras to help drivers back out and avoid injuring pedestrians caught in their blind spots. But now, they have gone further and developed automated systems that detect pedestrians before even the driver does.

Pedestrian detection systems utilize advanced sensors to scan the area in front of a car and warn the driver if there is an obstacle in their path. In addition, some models will apply automatic brakes or lower the vehicle’s speed to assist the driver in preventing a collision. This technology is not limited to detecting the average runner or jogger; it also applies to bicyclists. If a driver is coming up alongside a bike lane or crosswalk, these sensors can quickly spot a bicyclist and prevent a serious bicycle accident.

The New Generation of Smart Bikes

Cars are not the only vehicles getting upgrades. Researchers at Northeastern University have been working on bicycles with technology that would automatically detect potential accidents. iCAPS, or the Interactive Cyclists Accident Prevention System, utilizes proximity sensors to tell if a car is within three feet of a bicycle and releases a loud alert to warn drivers and bicyclists before they collide. iCAPS also uses a system of lasers to project emergency bike paths on the road to help the rider safely navigate away from danger. While this tech is still in the testing phase, it can empower bicyclists to keep safer while on traffic-congested roads.

Minimizing Injuries During Collisions

Wearing a helmet is one of the most important decisions a bicyclist can make to keep himself safe. At least 57% of all bicyclist deaths involve a rider who was not wearing a helmet. However, helmets are not the only type of protective gear bicyclists can wear to prevent fatal injuries. Padded jackets, pants, and gloves that minimize skin exposure are vital to avoiding severe road rash and degloving, which can cause extensive trauma and blood loss. Even just wearing knee and elbow pads can reduce your risk of suffering painful fractures.

Standing Up for Bicyclists in Colorado Springs

Even with all this new technology, bicyclists’ safety is still largely in the hands of the drivers around them. All it takes is one glance at a cell phone or a failure to check a blind spot for a driver to drastically change a bicyclist’s life. The costs of these collisions can follow bicyclists for years as they deal with extensive medical treatment, lost income, and disabilities.

If you were injured in a bicycle accident caused by a negligent driver, reach out to our Colorado Springs personal injury attorneys as soon as possible. The Bussey Law Firm, P.C., is here to fight for injured bicyclists and protect their right to compensation after a collision. We can sit down with you in a free initial consultation, learn about your injuries, explain your options, and advocate for your best interests in a personal injury claim. Call us today at (719) 475-2555 to get started.

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Collecting Evidence for a Bike Accident Claim https://www.thebusseylawfirm.com/collecting-evidence-for-a-bike-accident-claim/ Thu, 17 Jun 2021 20:23:51 +0000 https://busseylawfirm.wpenginepowered.com/?p=207 Bicyclists in Colorado Springs are at the mercy of the drivers around them. You might hope that they will always follow the law and avoid driving recklessly, but the unfortunate truth is that it is very easy for a driver to slip up and catastrophically injure a bicyclist. Following a collision with a car, you [...]

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Bicyclists in Colorado Springs are at the mercy of the drivers around them. You might hope that they will always follow the law and avoid driving recklessly, but the unfortunate truth is that it is very easy for a driver to slip up and catastrophically injure a bicyclist. Following a collision with a car, you deserve full compensation for all of the trauma you have gone through. But to get the money you need to heal and move on with your life, you need to build a strong case against the driver – otherwise, their insurance company will fight tooth and nail to minimize your claim.

 

The Value of Evidence in an Accident Claim

Collecting Evidence for a Bike Accident ClaimWhile it may be obvious to you that a negligent driver caused your injuries, their insurance company does not see it that way. To the company, your bicycle accident claim is a major expense that could impact its profit margins. Forget paying out what is fair and reasonable for your injuries — you should expect a lowball settlement right out the gate from an insurance adjuster. They may seem sympathetic and even friendly, but their goal is to get you to accept a quick, small settlement rather than fight for the full value of your injuries.

One of the ways they do this is by poking holes in your claim. They may argue that your injuries were caused in another accident, that they are minor, or that you are in some way at fault for the collision. To beat these nefarious tactics, you need to work with a dedicated Colorado Springs accident attorney who can help you collect evidence to support your claim. This evidence can be used in an insurance negotiation to put pressure on the adjuster to agree to a higher settlement amount, or to convince a jury to award you compensation if your case goes to trial.

Important Evidence After a Bicycle Accident

There are certain types of evidence that are invaluable in any accident claim, well as others that are unique to bicycle accidents. All could prove extremely important in your case. These include:

  • Police Reports: An accident report from the Colorado Highway Patrol (CHP), El Paso Sheriff’s Department, or Colorado Springs Police Department can hold a lot of weight for a personal injury claim. These documents can explain how the collision occurred, who was at fault, if the at-fault driver violated the law, and how serious the bicyclist’s injuries were. Your attorney can assist in obtaining a copy of the report and reviewing its details.
  • Medical Records: Alongside police reports, your own medical records have a huge role in your claim. Whether you visited an emergency room or saw your physician later, a copy of your initial report can show how severe your injuries were right after the collision and what treatment is absolutely necessary. You should also continue getting treatment and keep copies of all doctor’s reports to show the full extent of your injuries.
  • Accident Photos: Accident photos can help your lawyer and an accident reconstructionist understand how the collision occurred. Cellphone photos, traffic camera pictures, and other images can provide important clues. Photos can include the vehicle that injured you, your bike, your injuries, tire tracks, damage to nearby property, local traffic signs, roadway designs, and other details about the scene. Colorado Springs’ red-light cameras capture snapshots of intersections every two minutes and may capture key details if the driver ran a red light before hitting you.
  • Accident Footage: In addition to photos, videos can be incredibly valuable while filing a claim. Even short videos pulled from social media or traffic cameras can show that the driver acted negligently. If the driver ran a red light, a Colorado Springs traffic camera may have captured a short video of it that could help in an investigation. GoPro footage, either your own or another cyclist’s, should also be collected.
  • Witness Statements: Statements from pedestrians, other cyclists, or nearby drivers can help paint a picture of what happened in the collision. However, there may be conflicting details, so you should speak to your attorney about how to carefully review witness statements.
  • Black-Box Data: Whether you were injured by a semi-truck or a passenger vehicle, the incident may have been captured by the vehicle’s black box. Most modern cars have black boxes installed in them for manufacturers to spot product defects, and modern semi-trucks are legally required to have EDRs These devices can be accessed with a subpoena and the data within can explain how the accident occurred.
  • Your Bike: One of the biggest mistakes a cyclist can make is to throw out or repair their bike immediately after a collision. Just as you should not scrap your car after a collision, you should avoid getting rid of your bike before an accident reconstructionist has a chance to look it over. A reconstructionist can study your bike to determine impact points, the speed of the other vehicle, and the severity of the collision. Instead of repairing or throwing it out, you should tuck it away until you speak to an attorney.
  • Your Clothing: Clothing worn during an accident is another important piece of evidence that you should never throw out or clean before an accident expert can look over it. Your clothing may have paint marks from the vehicle hit you, blood stains, and other impact marks that show that your accident was severe.
  • Fitness Data: While often overlooked, fitness devices like Fitbits and Apple Watches contain important data about bicyclists and their injuries. Even if you were just a casual cyclist, your fitness may help show how serious your injuries are after a collision. Your attorney can compare data from before your accident to afterward to show that the collision has negatively impacted your health and limited what activities you can do.

Building a Strong Case for Compensation

These are just some of the key pieces of evidence a Colorado Springs personal injury attorney at The Bussey Law Firm, P.C., will look for, and there may be other information that can help your bicycle claim. To ensure every detail is included in your case, you should only trust your claim to a dedicated team of lawyers who will leave no stone unturned or clue uninvestigated. We can use our considerable knowledge of the claims process and Colorado Springs bike accidents to advocate for your best interests. Call us today at (719) 475-2555 to get a free case evaluation and learn what we can do for you.

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Dooring: What Makes It Dangerous? https://www.thebusseylawfirm.com/dooring-what-makes-it-dangerous/ Fri, 14 May 2021 20:28:54 +0000 https://busseylawfirm.wpenginepowered.com/?p=211 A dooring accident happens when a motorist opens a car door directly in the path of a bicyclist. This sudden obstacle makes a crash inevitable, often seriously injuring the cyclist. Dooring accidents can easily be avoided if drivers and passengers check for cyclists before opening their doors.   Common Dooring Accident Injuries No matter how [...]

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A dooring accident happens when a motorist opens a car door directly in the path of a bicyclist. This sudden obstacle makes a crash inevitable, often seriously injuring the cyclist. Dooring accidents can easily be avoided if drivers and passengers check for cyclists before opening their doors.

 

Common Dooring Accident Injuries

Dooring: What Makes It Dangerous?No matter how safely you ride your bike, it is difficult, if not impossible, to predict the actions of other people, including drivers and passengers in parked cars. Bicyclists do not have an enclosed vehicle for protection, which makes them vulnerable to serious injuries in a crash. It is not uncommon for dooring accidents to lead to long-term pain and disability for victims. The injuries frequently caused by dooring accidents include:

Why Are Dooring Accidents on the Rise?

A number of people who are committing to healthier and greener lifestyle choices are hitting the pedals, and the more people on the road, the greater the risk of a bicycle accident. Dooring collisions happen most frequently in urban areas where cars are parallel-parked along the side of the street. To keep a safe distance from parked cars, the cyclist may have to ride in the middle of the lane, blocking the flow of traffic. In some cases, cyclists who swerve to avoid car doors that open suddenly in their paths are involved in collisions with motor vehicles in traffic as a result.

How Can Vehicle Occupants Avoid Causing Dooring Accidents?

The “Dutch Reach” maneuver could help motorists avoid causing dooring accidents. With this prevention technique, both passengers and drivers are advised to open the car door with the far hand. The movement required to do this causes them to turn their heads, so they can check behind the vehicle before opening the door. This maneuver has been proven to contribute to cycling safety, as stated in a We Love Cycling article. The Dutch Reach also allows drivers and passengers to open the car door only a crack at first to allow for an unobstructed view of what is behind them.

Can Car Manufacturers Do Anything to Prevent Dooring?

Technology could help reduce dooring accidents in the future. Manufacturers may install radar similar to blind-spot monitors to alert drivers when a cyclist is approaching from behind. This type of early warning system could help prevent drivers and passengers from causing serious injuries to cyclists.

What Is the Law on Dooring in Colorado?

Dooring is prohibited under Colorado Revised Statutes Section 42-4-1207. The statute states, “No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic; nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.”

Can Cyclists Sue for Dooring Accident Injuries?

Drivers have a duty to safely open car doors when exiting their vehicles. If you have been injured as a cyclist in a dooring accident, you are entitled to file a claim for compensation for your losses. To recover damages, you must prove: 1) the driver or passenger who opened the car door was negligent; 2) your injuries were caused by the dooring accident; and 3) you suffered damages as a result.

If you were injured in a dooring accident, do not hesitate to contact The Bussey Law Firm, P.C., to schedule a free consultation with our legal team. Our Colorado Springs car accident attorneys can advise you of your options under the law and advocate for full compensation from the driver who injured you. We have experience fighting for injured cyclists throughout Colorado Springs and are ready to stand up for you. Call The Bussey Law Firm, P.C., at (719) 475-2555 today.

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Bike Riding Safety Checklist https://www.thebusseylawfirm.com/bike-riding-safety-checklist/ Tue, 17 Sep 2019 22:00:43 +0000 https://busseylawfirm.wpenginepowered.com/?p=284 Bicycle season is here, and wipeouts are all but inevitable. As reported by People Powered Movement (PPM), there were 45,000 bicycle accidents reported in the U.S. in a recent year. Biking is an eco-friendly, healthy form of transportation that is becoming increasingly popular among active, health-minded people. Unfortunately, the more bike trips you take, the [...]

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Bicycle season is here, and wipeouts are all but inevitable. As reported by People Powered Movement (PPM), there were 45,000 bicycle accidents reported in the U.S. in a recent year. Biking is an eco-friendly, healthy form of transportation that is becoming increasingly popular among active, health-minded people. Unfortunately, the more bike trips you take, the higher your risk for a crash.

Bike Riding Safety ChecklistAfter a bicycle accident with injuries caused by someone else’s negligence, call The Bussey Law Firm, P.C., at (719) 475-2555 for legal assistance from an experienced Colorado Springs bicycle accident lawyer.

What Should You Do Before You Hit the Trail?

As with any mode of transportation, taking certain precautions can help keep you safer on a bike trip. Run down the following bike safety checklist before you set out on a trip:

  • Ride a bicycle that fits your body.
  • Wear a proper helmet that fits.
  • Make sure your rear red reflectors are visible from 500 feet.
  • Place a yellow or white reflector that is visible from 200 feet on each pedal.
  • Have a headlight that is visible from 300 feet.
  • Mount reflectors on the wheels.
  • Wear reflective and brightly-colored clothing.
  • Make sure your bike has a horn, bell, or whistle.
  • Carry a first-aid kit with you.
  • Check tires and brakes before every ride.

Safety Tips for Riding in Traffic

Bicyclists obey the same traffic rules as motorists. Your greatest safety lies in riding with the flow of traffic, not against it. Keep in mind the following bicycling rules of the road for a safer trip:

  • Avoid major highways and roads. If possible, choose roads with bike lanes or trails.
  • Do not ride on sidewalks.
  • Ride at a safe speed.
  • Maintain a safe distance from the car ahead of you.
  • Do not run yellow lights – this is particularly risky for a cyclist.
  • Ride in single file, if riding with other cyclists.
  • Use proper hand signals before turning or changing lanes.
  • Avoid riding too close to the curb.
  • Use horn, bell, or whistle as needed.
  • Announce your presence loudly when overtaking pedestrians on bike trails.

Stay Alert to Hazards on the Road for Bicyclists

No matter how diligently you follow bicyclist safety rules, motorists and road hazards can still cause a crash. It is a sad fact that many bicycle accidents are caused by negligent or inattentive drivers who fail to see or register the presence of the bicycle in the roadway. Examples of this type of negligence include:

  • A driver opening a car door directly into the path of an oncoming bike (“dooring”).
  • A driver making a right turn from the left side of a bicyclist.
  • A car turning left at an intersection, cutting off an oncoming bicycle.
  • A driver hitting a bicyclist while pulling out of a parking space, alley, or driveway.

In addition to the risks caused by negligent drivers, Colorado cyclists are also vulnerable to specific road hazards – which would not be a significant risk for motorists in more substantial, stable, four-wheeled motor vehicles. These hazards include:

  • Potholes or puddles in the roadway
  • Oil, sand, and gravel
  • Sewer grates
  • Manhole covers
  • Litter, debris, or broken glass
  • Pedestrians, particularly children
  • Cats, dogs, and other animals that dart out in front of the bicycle

Get Legal Help After an Accident with Injuries

Sadly, many bicycle accidents are caused by the negligence of others, including motor vehicle drivers who are distracted by cell phones, under the influence of alcohol or drugs, or simply not paying attention to what is happening on the road. If you were hurt in a Colorado bicycle crash that was someone else’s fault, your best course of action is to speak with an experienced personal injury attorney as soon as possible.

Timothy Bussey of The Bussey Law Firm, P.C., is an experienced Colorado Springs personal injury lawyer with more than two decades of experience. Call us today for the legal help you need after a serious Colorado bicycle accident.

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Prepare for Bicycle Season and Avoid Catastrophic Injuries https://www.thebusseylawfirm.com/prepare-for-bicycle-season-and-avoid-catastrophic-injuries/ Sat, 02 Jun 2018 02:13:11 +0000 https://busseylawfirm.wpenginepowered.com/?p=320 Summer is upon us. With it comes the opportunity for outdoor activities such as bicycling. Unfortunately, every summer sees a spike in the number of accidents and severe injuries on Colorado roadways involving cyclists. No one likes contemplating worst-case scenarios, but do yourself and your family a favor and take a little extra time to [...]

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Summer is upon us. With it comes the opportunity for outdoor activities such as bicycling. Unfortunately, every summer sees a spike in the number of accidents and severe injuries on Colorado roadways involving cyclists.

Prepare for Bicycle Season and Avoid Catastrophic InjuriesNo one likes contemplating worst-case scenarios, but do yourself and your family a favor and take a little extra time to think about bicycle safety before heading out this year. It’s always preferable to prevent accidents before they happen instead of dealing with their aftermath.

However, if you or a loved one does fall victim to a serious biking accident in Colorado Springs, it’s in your best interest to consult a personal injury attorney at The Bussey Law Firm, P.C., to discuss the options available for receiving compensation.

Cycling Accidents Are a Serious Threat

In 2015, 818 bicyclists were killed in collisions with motor vehicles, according to the National Highway Traffic Safety Administration. That adds up to more than two people every day and is a 12.2% increase over the previous year. Meanwhile, the number of reported cycling injuries was around 45,000 in 2015.

These numbers are almost certainly too low. Based on research into hospital records, it seems that only a fraction of the total number of bicycle crashes that result in injuries are recorded by the police. The reported number could be as low as 10% of the actual number.

While many of the accidents might involve quick recoveries, recent research indicates that we might only be beginning to understand the dangers of cycling. In particular, mountain biking poses a serious risk of long-term spinal injuries.

According to Dr. Marcel Dvorak of the University of British Columbia in Canada, “People need to know that the activities they choose to engage in may carry with them unique and specific risks. Helmets will not protect you from these (spinal) injuries, nor will wearing Ninja Turtle-like body armor.” Dvorak pointed to older studies that looked at both the range of injuries sustained by mountain bikers as well as spinal injuries suffered across a variety of other sports. He realized that nobody had looked at the specific risks of spinal injury among mountain bikers.

His research found that 102 men and 5 women were evaluated at the British Columbia Primary Spine Center in the period from 1995 to 2007 due to mountain biking accidents. These patients accounted for 4% of all spinal trauma admissions to the center.

You can bet that the rate of injury is higher in Colorado than in many other states, as our region has a very strong affinity for outdoor recreational activities.

What Safety Measures Should You Take?

First of all, you should have your bike inspected and tuned up at least once per year to make sure everything is in working order. You’d be surprised how often equipment failure is the cause of a serious biking accident. Furthermore, you’ll want to wear all relevant safety gear. This means not only protective helmets, but also gloves, kneepads, and other protective body armor, especially if you’ll be mountain-biking over rough terrain.

It’s also important to be fully aware of all cycling laws that pertain to the area where you’ll be biking, whether it’s a high-traffic street, or a remote mountain trail. Don’t bike in areas where it’s not allowed, and make sure to obey all normal traffic laws. In addition, your particular city or town may have special ordinances regarding bicycles, such as requiring helmets or lights.

Of course, taking safety measures is not the same thing as saying that it’s the cyclist’s responsibility to avoid accidents. The truth is that when a bicycle and a motor vehicle collide, it’s often due to negligence on the part of the driver, whether by intoxication, reckless driving, driver distraction, or something else.

Colorado has strict laws that protect cyclists who have been injured in an accident due to someone else’s negligence. Unfortunately, without an experienced attorney, you will find yourself up against an insurance adjuster trained and experienced in protecting their insured and working to minimize your claim. That’s why anyone who has suffered a bicycle-vehicle collision should immediately consult with a savvy Colorado personal injury lawyer who fully understands the legal issues involved. This may be the only way to ensure you will be fully and properly compensated. For a free consultation with the experienced legal team at The Bussey Law Firm, P.C., please call (719) 475-2555 today.

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Common Causes of Colorado Springs Intersection Bike Accidents https://www.thebusseylawfirm.com/common-causes-of-colorado-springs-intersection-bike-accidents/ Thu, 23 Jun 2016 03:40:06 +0000 https://busseylawfirm.wpenginepowered.com/?p=338 Bikes and cars frequently meet at intersections and it is a common place for accidents to occur. The most common type of intersection collision happens when the cyclist is required to stop at a stop sign and the motorist does not have a stop sign. What frequently happens is that after stopping, the cyclist then rides out [...]

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Bikes and cars frequently meet at intersections and it is a common place for accidents to occur. The most common type of intersection collision happens when the cyclist is required to stop at a stop sign and the motorist does not have a stop sign. What frequently happens is that after stopping, the cyclist then rides out into the intersection in front of the car, when in fact the car has the right-of-way. In this situation the cyclist is as fault. Oftentimes, this type of accident occurs with cyclists under 15 years of age.

Common Causes of Colorado Springs Intersection Bike AccidentsThe second most common cause of an intersection bike accident occurs when the cyclist has the right of way, but no stop sign and a car is approaching from a street that dos have a stop sign. What often happens is that the car will stop at the sign then drive out into the intersection in front of the cyclist, who actually has the right-of-way. In this situation the driver is at fault, unless the cyclist is riding against traffic, if this is the case, both the cyclist and the driver may be at fault.

How to Avoid Bicycle vs Car Collisions

The best way to avoid these kinds of accidents it to:

• Always maintain maximum visibility
• Understand the rules of the road
• Be able to recognize hazards
• When approaching an intersection, keep a look out for other vehicles
• As you approach an intersection, keep your lane position to the left, this way you will be clearly visible to drivers
• At an intersection, be careful not to underestimate the speed of an approaching car
• Take safety precautions whenever necessary
• Always avoid liability by following the rules

If you’ve been seriously injured in a bicycle collision with a car in Colorado and you understand the driver to be at fault, you will need to talk to a lawyer who has extensive experience in handling this type of personal injury case. Fortunately, The Bussey Law Firm, P.C. is here to help you get the compensation you deserve. You may be able to claim damages for personal injury, medical treatment, and loss of income. You do not have to know how to conduct an accident investigation to support your claim. That’s what we are here for. Call our Colorado Springs bike accident lawyers today for a free consultation and let’s discuss your case. We can be reached at (719) 475-2555.

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Broken Bone Injuries Commonly Suffered in Colorado Springs Bike Accidents https://www.thebusseylawfirm.com/broken-bone-injuries-commonly-suffered-in-colorado-springs-bike-accidents/ Sat, 18 Jun 2016 03:42:40 +0000 https://busseylawfirm.wpenginepowered.com/?p=340 Bicycling is more than just a form of recreation for several people throughout Colorado Springs, it’s also a leading mode of transportation. There are unquestionable benefits to riding a bike. Bicycling is better for the environment, costs very little to maintain, and is a great method of exercise. It’s no wonder than more and more [...]

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Bicycling is more than just a form of recreation for several people throughout Colorado Springs, it’s also a leading mode of transportation. There are unquestionable benefits to riding a bike. Bicycling is better for the environment, costs very little to maintain, and is a great method of exercise. It’s no wonder than more and more people are taking up bicycling and making it a part of their daily lives.

Broken Bone Injuries Commonly Suffered in Colorado Springs Bike AccidentsBut, there is a downside to the rise in the number of bicyclists: an increasing number of people are at risk of being seriously injured. It’s clear that an individual is exceedingly more vulnerable when riding a bike as opposed to driving a car. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that there were approximately 48,000 bicyclists injured during 2013 in the United States. As one might expect, cyclists’ arms and legs were most often injured, occasionally resulting in broken bones.

Most bicycle accidents that result in broken bones are of the car-vs.-bicycle variety. The treatment and recovery process can be varied depending on the type of break and its severity. The types of bone fractures that a victim can suffer in a bicycling accident are:

  • Closed fracture: This is a break or crack in the bone that does not puncture the skin but sometimes causes injury to tissues in the area.
  • Open fracture: This is when a bone breaks in such a way that bone fragments stick out through the skin or a wound penetrates down to the broken bone. In open fractures, there is an increased risk of a deep bone infection.
  • Comminuted fracture: This is a break or splinter of the bone into more than two fragments. These types of fractures occur as a result of high impact trauma.
  • Displaced fracture: This is a traumatic bone break in which two ends of the bone are separated and moved out of their normal positions. The bone may puncture the skin or remain contained within the skin.
  • Non-displaced fracture: In these cases, the bone is cracked but maintains its positioning.

If you or someone you love has suffered a bone fracture from a bicycle accident, then you know well the significant pain and discomfort that occurs as a result. Some victims may require surgery, depending on the severity of the injury. The employment status of the victim may be impacted, possibly as the result of a long recovery process on the road back to full health. It is important that you get the legal expertise you deserve to help you get through this difficult time. Know your legal rights. Call the Colorado Springs bicycle accident attorneys at The Bussey Law Firm, P.C. today at (719) 475-2555.

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