What to Do if You’re Hit by a Car While Cycling in Aurora

Cycling is a popular activity in Aurora, known for its scenic routes and bike-friendly paths. However, with the growing number of vehicles on the road, accidents involving cyclists can happen. If you are hit by a car while cycling, knowing what steps to take is crucial for ensuring your safety, protecting your rights, and securing the compensation you may need. This guide outlines the essential actions to take immediately following a cycling accident in Aurora, Colorado.

Introduction: The Risks and Realities of Cycling in Aurora

Cycling in Aurora offers a blend of recreation and practicality, providing a healthy alternative to driving while reducing your carbon footprint. However, sharing the road with vehicles comes with risks. When accidents occur, the impact can be severe due to the limited protection cyclists have. By understanding what to do if you are hit by a car, you can be better prepared to manage the aftermath.

Immediate Steps to Take After a Cycling Accident

1. Prioritize Your Safety and Health
Your first priority should be your well-being. If you can, move to a safe location away from traffic. If you suspect serious injury, avoid moving and wait for emergency medical assistance. Regardless of how minor the accident may seem, seek medical attention as soon as possible. Injuries such as concussions or internal damage may not be immediately visible but can have long-term effects.

2. Call 911 and Report the Accident
Reporting the accident to the police is a critical step. A police report will provide an official account of the incident, which will be vital for insurance claims and any legal proceedings. When speaking to the police, stick to the facts and avoid making statements that could imply fault.

Example: A cyclist in Aurora who was hit at an intersection initially believed they were unharmed. After calling 911, it was discovered they had a hairline fracture in their wrist. The police report and medical examination were key in supporting their insurance claim.

3. Collect Evidence at the Scene
If you are physically able, gather as much information as possible:

• Photos: Capture the scene, including the position of the car, your bicycle, road conditions, and any visible injuries.
• Witnesses: Take down contact information and statements from any witnesses who saw the accident.
• Driver’s Information: Exchange contact and insurance information with the driver involved.

Documenting Your Injuries and Expenses

1. Medical Documentation
Keep detailed records of all medical visits, treatments, and prescribed medications. This documentation will be critical in demonstrating the extent of your injuries and the treatment required.

2. Track Related Expenses
Keep track of all expenses related to the accident, including medical bills, therapy sessions, lost wages, and repair or replacement costs for your bike and other damaged equipment.

Navigating Insurance and Liability

1. Filing an Insurance Claim
In Colorado, you may be able to file a claim with the driver’s insurance to cover your medical expenses and damages. If the driver is uninsured or underinsured, your own auto insurance policy’s uninsured/underinsured motorist coverage (if applicable) can help cover these costs.

2. Determining Fault and Liability
Colorado follows a comparative negligence rule, meaning you can still recover damages if you are partially at fault, as long as your share of the blame does not exceed 50%. Your compensation may be reduced proportionally based on your degree of fault.

Example: A cyclist in Broomfield was hit by a car while making a left turn. The investigation found both the cyclist and driver shared fault, with the cyclist being 20% at fault for failing to signal. The cyclist’s compensation was reduced accordingly but still allowed them to recover substantial medical costs.

Working with a Personal Injury Attorney

1. The Benefits of Legal Representation
Insurance companies may try to minimize their payouts, which is why working with a knowledgeable attorney can help. An attorney will advocate on your behalf, gather evidence, negotiate with insurers, and, if necessary, take your case to court.

2. Meeting Legal Deadlines
Colorado’s statute of limitations for personal injury claims is typically two years from the date of the accident. Failing to file within this period could prevent you from pursuing compensation.

Tips for Preventing Future Cycling Accidents

1. Follow Traffic Laws
Always obey traffic signals, signs, and lane markings. Signal your intentions and make yourself as visible as possible by wearing bright clothing and using bike lights.

2. Be Alert and Aware
Stay vigilant, especially at intersections and areas with heavy traffic. Avoid distractions such as listening to music or using a phone while cycling.

3. Use Bike Lanes and Paths
Where available, use designated bike lanes and paths to minimize interaction with vehicles.

Conclusion: Protecting Your Rights as a Cyclist in Aurora

Cycling accidents can be stressful and disorienting, but knowing how to respond can help protect your rights and health. Taking the appropriate steps after an accident, documenting your experience, and seeking legal guidance if necessary can make a significant difference in your recovery and compensation. If you or a loved one is involved in a cycling accident in Aurora or other Colorado cities, contacting an experienced attorney can provide the support you need during this challenging time.

FAQ

1. What should I do immediately after being hit by a car while cycling?
Ensure your safety, call 911, and seek medical attention even if you feel fine initially.

2. Can I still receive compensation if I was partially at fault for the accident?
Yes, under Colorado’s comparative negligence rule, you can receive compensation as long as you are not more than 50% at fault.

3. What types of compensation can I seek after a cycling accident?
Compensation can include medical expenses, lost wages, pain and suffering, and repair or replacement of your bike and gear.

4. Should I hire a personal injury attorney after a cycling accident?
Hiring an attorney can help ensure that your rights are protected and that you receive fair compensation, especially if fault or liability is disputed.

5. How long do I have to file a claim after a cycling accident in Colorado?
You typically have two years to file a personal injury claim, so it’s best to start the process as soon as possible.