Even though Denver is considered to be one of the most bike-friendly cities in the U.S., bicycle accidents in the Mile High City persist in troubling numbers. The city continues efforts to make Denver more accessible and safer for cyclists, but negligent, impatient, and even reckless drivers continue to cause collisions.
When a driver cuts you off, opens a door into your path, or passes too close, you’re the one who ends up on the pavement. A Denver bicycle accident lawyer at Born & McCaffrey Injury Law takes on the driver’s insurer for you, so your focus can stay on getting back on your feet and, when you’re ready, back on your bike. We help cyclists hurt in crashes with cars, trucks, and other vehicles across Denver, Glendale, Aurora, Brighton, and Weld County. Colorado law treats you as a vehicle with the same right to the road as anyone in a car. When a driver ignores that, you can seek payment for your medical care, lost income, and pain.
Call (303) 800-6996 for a free consultation. We answer 24 hours a day, and we’re ready to listen.
Do You Need a Lawyer After a Bike Accident in Denver?
If you were injured and a driver caused the crash, talking to a lawyer early can protect the value of your claim. Bike crashes tend to cause serious injuries, and insurers often start from the assumption that the cyclist did something wrong.
When a call makes the biggest difference
A lawyer can help most when the injuries need ongoing treatment, when the driver or a witness blames you, or when the driver fled or carried little insurance. It also helps when more than one party is involved, such as a delivery company, a rideshare driver, or a city vehicle. In those cases, the early decisions about evidence and statements can shape everything that follows.
What Colorado Bicycle Laws Mean for Your Injury Claim
Colorado gives cyclists the same rights and duties as drivers, except for additional rules for bikes. When drivers break one of those rules and hits you, the violation becomes strong evidence that the driver was careless. When the insurer claims you broke a rule, knowing what the law allows can protect your claim. Here are the Colorado rules that come up most often after a crash:
Colorado rule
What it requires
Why it matters in a claim
Bicycles are vehicles
Cyclists have the rights and duties of drivers on the road
A driver can’t treat you as an obstacle or claim you “didn’t belong” in the lane
Three-foot passing law
Drivers must leave at least three feet when passing a cyclist
A sideswipe or mirror strike often shows the driver passed too close
Safety stop law
Cyclists may treat stop signs as yield signs and red lights as stop signs, yielding to others with the right-of-way
Insurers sometimes claim a legal safety stop was “running a sign”
Opening car doors
No one may open a door into moving traffic unless it is reasonably safe
A dooring crash usually points to the person who opened the door
Riding side by side
Two cyclists may ride abreast if they don’t impede normal traffic
Riding two abreast isn’t automatically careless
Lights at night
A white front light and a red rear reflector are required after dark
Proper lighting undercuts “I never saw them” defenses
The Colorado Department of Transportation explains the three-foot rule and safety stop on its bicyclist page, and Fort Collins keeps a clear summary of the state’s bike laws, including the dooring rule.
Colorado has no adult helmet law
Colorado doesn’t require adults to wear a helmet on a bicycle. Wearing one is still smart, but riding without one isn’t breaking a traffic law, and it doesn’t erase a driver’s responsibility for causing the crash.
Bike Lanes and Corridors Where Denver Crashes Happen
Denver’s bike network continues to change, and the type of lane you were in can shape how fault is argued. A protected lane, a painted lane, a shared trail, and an open traffic lane each come with different expectations for drivers and riders.
Protected bikeways and painted lanes
Denver has added protected bike lanes downtown on streets like Blake, Market, and Larimer, and the city’s Broadway bikeway uses curbs and a row of parked cars to separate riders from traffic between the Cherry Creek Trail and Center Avenue. Even with that separation, the risk concentrates where lanes meet driveways, side streets, and turning cars. A driver turning right across a bike lane has to watch for and avoid cyclists already in it. Painted lanes offer less protection, so crashes there often involve drifting cars, double-parked delivery vans, and drivers merging without looking.
When the bike lane is blocked
A parked car, a delivery truck, or a construction sign can force you out of the bike lane and into traffic. Leaving a blocked lane to get around an obstacle is a reasonable move, and drivers behind you still owe you the full three feet when they pass.
Trails and trail crossings
The Cherry Creek Trail and other paths keep riders away from most traffic, but the street crossings and trail entrances are where cars and bikes meet. Who had the right-of-way at a crossing depends on the signals, signs, and markings at that exact spot, which is why we document the scene closely.
How the 50% Fault Rule Works in a Bicycle Crash
You can recover compensation in Colorado as long as you were less than 50% at fault. Under Colorado’s comparative negligence statute, a jury assigns each side a share of the blame and reduces your award by your share. At 50% or more, you recover nothing.
Why insurers push the percentages
Because a single point can decide whether you recover, the driver’s insurer will look for anything to blame on you. Common arguments include:
You weren’t in the bike lane, even when the lane was blocked or ended
You rolled through a stop sign, even though the safety stop law allowed it
You were wearing dark clothes or had no rear light
You were riding too fast for the path or street
Fault also gets split when more than one driver is involved, such as a car that clipped you and a second car that ran over your bike. A jury can assign a share of the fault to each driver.
Some of the most useful evidence in a bike case is in your own hands, and it’s easy to lose without realizing it matters. Keep these items exactly as they are:
Your bike, helmet, and damaged gear, unrepaired and unwashed
Ride data from GPS apps, bike computers, or smartwatches, which can show your speed and route
Helmet camera or handlebar camera footage
Photos of the scene, the lane markings, and the vehicle
Receipts and repair estimates for your bike and equipment
Names of witnesses and any other riders with you
We add the police report, nearby business and traffic camera video, and the vehicle’s event data recorder. Together, the evidence shows exactly where you were and what the driver did.
How Long Do You Have to File a Bicycle Accident Claim in Colorado?
Most Colorado bicycle crashes involving a car or truck carry a three-year deadline to file a lawsuit. That period comes from Colorado’s three-year statute for injuries arising from the use or operation of a motor vehicle. If no motor vehicle was involved, such as a crash with another cyclist, a shorter two-year deadline usually applies.
Shorter deadlines for city vehicles and road defects
If a city vehicle hit you, or a dangerous road condition caused your fall, a written notice to the public entity is due within 182 days under the Colorado Governmental Immunity Act (CGIA). The state’s CGIA summary lists the limited claims allowed against public entities, and courts enforce the notice deadline strictly. Call early if a government agency may be involved.
What Compensation Can an Injured Cyclist Recover?
A cyclist can seek payment for medical costs, lost income, pain and suffering, and the damage to their bike and gear. Cyclists have no steel frame around them, so collisions often cause broken collarbones, wrist fractures, road rash, and head injuries that need long recovery. A bicycle accident claim includes:
Hospital care, surgery, and rehabilitation
Future treatment and lasting impairment
Lost wages and reduced ability to work
Pain, emotional distress, and lost enjoyment of riding and other activities
Replacement of your bike, helmet, clothing, and electronics
Colorado caps noneconomic damages, and the legislature raised that limit to $1.5 million for cases filed on or after January 1, 2025.
Why Denver Cyclists Choose Born & McCaffrey Injury Law
Born & McCaffrey Injury Law is a Denver firm where you work with your attorney, not a revolving door of staff. When you call, you get straight answers about the law, your options, and what your claim needs. What sets our approach apart:
Your own attorney: Michael Born and Peter McCaffrey, both licensed in Colorado, work on cases themselves.
Ready for court: We prepare each claim as if it will go to trial, which changes how insurers respond.
Spanish-speaking counsel: Peter speaks fluent Spanish and hosts a weekly Spanish-language radio show.
Always reachable: Consultations are free, and we answer 24 hours a day.
Results always depend on the facts, and no lawyer can promise an outcome. You can count on honest advice and a team that takes your crash seriously.
Ready to talk? Call (303) 800-6996 for your free consultation.
FAQs: Denver Bicycle Accident Lawyer
Can I file a claim if I was hit on an e-bike in Denver?
Yes. Colorado’s bicycle rules cover electric-assisted bicycles, so an e-bike rider hit by a careless driver can bring the same kind of injury claim as a traditional cyclist. Colorado sorts e-bikes into three classes, and the class can affect where you were allowed to ride, so share those details with your lawyer.
Does my car insurance cover me if I was hit while riding my bike?
It may. In Colorado, uninsured and underinsured motorist coverage and medical payments coverage on your own auto policy often apply when you’re hurt as a cyclist, depending on your policy’s wording. These coverages can help when the driver has little or no insurance or drove away.
What if I wasn’t wearing a helmet when a car hit me?
You can still bring a claim. Colorado has no helmet requirement for adult cyclists, so riding without one doesn’t violate a traffic law. The driver’s insurer may still argue a helmet would have reduced a head injury, which is why medical evidence about how the injury happened matters.
Can I still make a claim if the police report says I caused the crash?
Yes. In Colorado, a police report is one piece of evidence, not the final word on who was at fault in an injury claim. Officers often arrive after the crash and rely on the driver’s account, so video, witness statements, ride data, and the physical evidence can tell a different story.
Can I recover the cost of my bike and gear after a crash?
Yes. In a Colorado bicycle accident claim, property damage can include the repair or replacement value of your bike, helmet, clothing, lights, and electronics damaged in the crash. Keep the damaged items and gather receipts or estimates, since insurers often push back on the value of higher-end bikes and parts.
Talk to a Denver Bicycle Accident Lawyer Today
A crash shouldn’t leave you paying for a driver’s mistake. Born & McCaffrey Injury Law can explain your rights under Colorado law, protect the evidence, and handle the insurer while you recover. Call (303) 800-6996 any time, or visit us at 4100 E Mississippi Ave, Suite 802, in Denver. Your first consultation is free.
Michael has represented well over a thousand injury victims in his career. He has litigated 500 court cases. He has tried cases in counties all over Colorado. He has briefed and argued appeals in the appellate courts. This experience ultimately led to him leaving the big firm life to form Born & McCaffrey in order to provide a more client centered and personal representation than a large law firm is able to provide. [ ATTORNEY BIO ]
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Born and Mccaffrey did a spectacular job handling my case. I was completely unequipped to handle anything of this sort on my own and Michael did an amazing job at communicating to me what exactly was happening during each step of the process while making sure I was well prepared. I feel so much better having this all behind me and can’t thank the firm enough for their countless hours of work and negotiation on my behalf. — A. Hernandez
I recently had the opportunity to work with my attorney on a car accident case, and I am incredibly impressed with the outcome. Overall, I would highly recommend my attorney Peter to anyone in need of legal assistance for a car accident. Their professionalism, dedication, and knowledge made a challenging situation much more manageable, and I am grateful for their hard work and commitment to my case. — V. Cano
Mr. Born has been great with my case from the first phone call! Very knowledgeable and prompt when returning calls with answers to my questions. I never felt like I was just another case; he provided individualized care and gave me the information I needed to know the next steps to assure the best result for my injuries!— J. Cruz
I had an accident about almost a year ago and the fault insurance didn’t want to pay the entire bill. It’s been amazing working with them I really didn’t have to worry about a thing. Got everything settled and didn’t have to pay anything out of my pocket. Thank you very much to these gentleman!!— A. Gomez
Después de un accidente, conocer sus derechos como peatón o conductor de scooter puede marcar una gran diferencia. Sin embargo, las compañías de seguros a menudo intentan evitar asumir responsabilidades, incluso cuando los hechos parecen claros. Mientras usted se recupera de una colisión en zonas concurridas como la avenida Colfax o el bulevar Speer, es común que las facturas médicas comiencen a acumularse. Al mismo tiempo, las reglas locales sob[...]
