Common Bicycle Accident Claim Defenses, from a Denver Bicycle Accident Lawyer

If you’re one of the thousands of people that have been hit by a car, truck, or motorcycle while bicycling, you may want to consider filing a bicycle accident claim. With the help of an experienced Colorado bicycle accident lawyer, your claim could help you recoup any medical costs, lost wages, and other damages you may have incurred due to the accident.

While cycling has become popular over the past few years, dangers have also increased. Cyclists are regularly using busy roadways to get around, and sadly, it has resulted in a fair number of accidents. In fact, according to the National Highway Traffic Safety Administration, 51,000 cyclists were involved in accidents with motor vehicles in 2009 alone. More than 600 of those accidents resulted in the deaths of the cyclists involved.

Countering a Bicycle Accident Claim

In order to ensure your claim has a good chance of being successful, it’s important to note and prepare for some of the defenses that may be used against you in court. According to Denver bicycle accident lawyer D.J. Banovitz, common defenses used against bicycle accident claims include:

  • the cyclist was riding the wrong way on a one-way street;
  • the cyclist ran a stop sign or stop light;
  • the cyclist turned abruptly into traffic;
  • the cyclist was intoxicated while riding;
  • the cyclist was texting or talking on the phone while riding; and
  • the cyclist failed to make themselves visible (There were no lights on the bicycle, or the rider was not wearing bright or reflective clothing.)

Also note that bicyclists are subject to the same traffic laws and regulations as cars, trucks, and motorcycles. If any Colorado traffic law was violated by the cyclist and may have caused the accident, whether partially or in full, this may also be used as a defense. When you file a bicycle accident claim, it’s important to consult an experienced and professional bicycle accident lawyer. They will be able to help you adequately prepare for these defense tactics and ensure you seek the most compensation possible from your case.

Contact a Colorado Bicycle Accident Lawyer

If you are considering filing a bicycle accident claim, call 303-300-5060 to discuss your case with a Denver bicycle accident lawyer at the Law Office of D.J. Banovitz today.


To learn more about personal injury and bicycle accident claims, read our eBook 7 Costly Mistakes that Can Ruin Your Colorado Injury Case.