Key facts
- Passing a cyclist
- At least 3 feetDrivers must leave at least 3 feet between their vehicle and a person riding a bicycle when passing.C.R.S. § 42-4-1003(1)(b)
- Fault rule
- Modified comparative fault (under 50%)You can recover if you were less than 50% at fault. Your award is reduced by your share of fault. At 50% or more, you recover nothing.C.R.S. § 13-21-111
What causes most bicycle accidents?
Often a driver’s mistake, but not always. Cyclists share the road with cars, and small errors can cause serious harm. The causes below come up most.
How do drivers cause bicycle crashes?
By not paying attention to riders.
- Distraction. A driver looking at a phone or a screen is less likely to see a cyclist.
- Failing to yield. Many crashes happen at intersections, when a driver turns or pulls out without yielding to a rider, or misjudges the rider’s speed.
- Dooring. A driver or passenger opens a door without checking for a cyclist.
- Passing too close. Drivers must leave at least At least 3 feet when passing a cyclist (C.R.S. § 42-4-1003(1)(b)).
What mistakes can riders make?
Ignoring traffic signs or signals, and riding against traffic. Riding the wrong way cuts reaction time for everyone and raises the risk of a head-on crash. In general, cyclists follow the same traffic rules as drivers, with a few bike-specific rules.
Rider mistakes matter in a claim, because they can lower what you recover. Under Colorado’s rule, you can recover if you are less than 50% at fault, but your award is reduced by your share of fault (C.R.S. § 13-21-111).
How do road conditions cause crashes?
Potholes, cracked pavement and debris can throw a rider off. Missing bike lanes force cyclists to share lanes closely with traffic. Construction zones and poorly marked detours add risk. If a road hazard caused your crash, the responsible party may be a city, a county, the state or a private owner. Claims against a government can have special notice deadlines, so talk to a lawyer early.
How do weather and lighting play a part?
Rain, ice and snow reduce traction and visibility, and low light makes riders hard to see. Dusk, dawn and night are high-risk times, especially without lights or reflective gear. Lights and reflective clothing help. They do not remove a driver’s duty to watch for riders.
What should I do if I was hurt?
- Get medical care, even if you feel fine.
- Call the police so there is a report.
- Photograph the scene, the road, your bike and your injuries.
- Get witness and driver contact information.
- Keep your bike and gear as they are.
- Do not give a recorded statement to an insurer before you talk to a lawyer.
Evidence that shows the cause of the crash is what shows who is responsible. Talk to us for a free case review.
Related questions
What is dooring?
Dooring is when someone opens a car door into the path of a cyclist. The person who opens the door may be responsible for the crash.
Can a bad road cause a claim?
It can, if a hazard such as a pothole or debris was left unfixed. Who is responsible depends on who maintains the road, and special deadlines can apply to claims against a government.
What if I made a mistake too?
You may still recover. Your award is reduced by your share of fault, so evidence about what the driver did matters.