Bicycle Accident Lawyers in Castle Rock

Rampart Injury Lawyers represent cyclists injured by vehicles in all of the I-25 corridor from Denver through to Colorado Springs. We do not build bicycle injury claims to be settled. We build them to go to a jury that hears the case when the insurance company doesn’t pay the full amount of money it costs to treat an injured cyclist’s injuries. Building bicycle injury cases to go to trial produces much higher settlement amounts than building bicycle cases for settlement purposes alone. The insurance adjuster can tell the difference between an attorney who will take his case to trial and an attorney who won’t.

Colorado law treats cyclists as vehicles and gives them the same rights and responsibilities as motor vehicle operators under C.R.S. § 42-4-1412. A three-foot passing rule exists in Colorado for drivers overtaking a cyclist (C.R.S. § 42-4-1002), requiring a minimum of three feet between the cyclist and the driver’s vehicle. Enhanced penalties are imposed on careless drivers who cause serious bodily injury or death to a cyclist pursuant to Colorado’s Vulnerable Road User statute (C.R.S. § 42-4-1402.5). The statute of limitations for a negligence lawsuit arising from personal injuries is 3 years in Colorado (C.R.S. § 13-80-101) while the statute of limitations for wrongful death claims is 2 years (C.R.S. § 13-21-204). Colorado employs a modified comparative negligence rule to determine fault and disallow any recovery if the cyclist was at least 50 percent at fault (C.R.S. § 13-21-111).

While the cyclist and the driver both occupy the same road space, follow the same traffic laws, and have an equal right to use the public way, they are not created equal. The driver sits behind 4,000 lbs of purpose-built protective equipment: engineered crush zones, safety nets (airbags), a rigid steel shell designed to take and redirect all the kinetic energy of an accident. The cyclist wears a helmet, a jersey, and a bicycle weighing in at 22 pounds of aluminum or carbon fiber. When these two collide, there is no redistribution of forces. The cyclist takes 100 percent of the kinetic energy transferred from a vehicle which weighs approximately 150 times more than the cyclist.

Colorado lost 20 cyclists on its roadways in 2023, a 33% increase over the 15 killed in 2022. In 2024, combined pedestrian and bicyclist deaths reached 134, making it the second deadliest year on record for vulnerable road users in the state. Since 2015, vulnerable road user fatalities in Colorado have increased 78%, while passenger vehicle deaths rose just 7% over the same period (CDOT, April 2025). In Denver alone, 178 bicycle crashes were reported in 2024 (Denver Open Data Catalog). The roads are getting deadlier for cyclists, and the insurance industry’s response has been to blame the rider.

Bicycle accidents along the I-25 corridor focus on intersections of high-speed arterials with trail crossings, commercial areas and residential communities generating the most bicycle traffic. The Plum Creek Trail System in Castle Rock. The Monument Creek Trail in Colorado Springs. Lucent Boulevard in Highlands Ranch. The Cherry Creek Trail and Broadway in Denver. These are places people ride bicycles. And this is where drivers drive too fast, make turns without yielding, and open their automobile doors while failing to check their mirrors.

What Makes Bicycle Accident Cases Different

The Physics: No Protection, No Redistribution

A cyclist struck by a vehicle at 30 mph experiences the same force as falling from a three-story building. But unlike a vehicle occupant, there is no energy absorption system between the cyclist and the impact. The collision typically follows a two-phase sequence. Phase one: the vehicle’s bumper or mirror strikes the cyclist’s lower body or torso, causing the initial skeletal and soft tissue damage. Phase two: the cyclist is thrown from the bicycle, goes airborne, and strikes the pavement. The ground impact is where the most catastrophic injuries occur. Traumatic brain injury is the leading cause of cyclist death and disability, accounting for roughly one-third of all cycling-related emergency room visits (NHTSA).

Most bicycle crashes occur at intersections, in clear weather, during daylight hours (Denver Open Data, 2024). The data is unambiguous: the primary cause of cyclist crashes is driver inattention, not poor visibility. Riders are getting hit in the middle of the day, on dry pavement, in good lighting, by drivers who were not watching for them.

The Bias: Jurors Blame Cyclists

Bicycle cases carry a cultural bias that vehicle-on-vehicle cases do not. Jurors, adjusters, and defense attorneys default to the assumption that the cyclist was doing something wrong: running a stop sign, riding in the middle of the lane, not wearing a helmet, not wearing bright enough clothing. Insurance companies exploit this bias to undervalue claims. The adjuster’s first argument is always some version of “your client shouldn’t have been in the road.” That argument is legally wrong. Under C.R.S. § 42-4-1412, a bicycle is a vehicle. A cyclist has the same right to occupy a traffic lane as a car, a truck, or a bus. Every page in this guide addresses the bias head-on, because dismantling it is the first job in every bicycle accident case.

Colorado Bicycle Laws That Protect You

Bicycles Are Vehicles: C.R.S. § 42-4-1412

Under C.R.S. § 42-4-1412, every person riding a bicycle on a roadway has all of the rights and duties applicable to the driver of a vehicle. This is the foundational statute. It means a cyclist has the legal right to ride in a traffic lane, to make left turns from the left-turn lane, and to occupy space on the road. Drivers who argue “bikes don’t belong on the road” are arguing against Colorado law.

The Three-Foot Passing Rule: C.R.S. § 42-4-1002

Under C.R.S. § 42-4-1002, the driver of a motor vehicle overtaking a bicycle proceeding in the same direction must allow a safe distance of not less than three feet between the vehicle and the bicycle. This is the bicycle equivalent of the crosswalk duty in pedestrian law. A violation of this statute is a traffic infraction and, in a civil case, constitutes negligence per se. The violation itself proves the driver breached the standard of care. Sideswipe injuries, mirror strikes, and draft-pull crashes all trace back to this statute.

Vulnerable Road User Statute: C.R.S. § 42-4-1402.5

The Colorado Vulnerable Road User law (C.R.S. § 42-4-1402.5) makes a driver liable for an increased amount when he/she engages in careless driving causing serious bodily injury or death to a vulnerable road user, such as a bicyclist. The law came about because the Colorado Legislature realized what the insurance industry does not; when a bicyclist is hit by a car, the consequences suffered by the bicyclist are much greater than damage caused when two cars collide. By providing a statutory penalty framework, the State of Colorado is making it clear to the public and to other states that it takes these types of accidents seriously. Very few personal injury firms reference this statute with clarity. We do because it provides a new way of framing the case from the very first paragraph.

No Crowding or Threatening Cyclists: C.R.S. § 42-4-1008.5

C.R.S. § 42-4-1008.5 prohibits a person from operating a motor vehicle so as to threaten, intimidate, or crowd a bicyclist. This statute refers to those behaviors experienced by many bicyclists who ride regularly: aggressive close passes, intentionally sounding the horn while closely passing the bicyclist, and intentionally swerving toward the bicyclist. As part of the proof of a bicyclist’s willful and wanton conduct, evidence of crowding or threatening behavior can support a claim for punitive damages under C.R.S. § 13-21-102.

Colorado’s Safety Stop Law (HB 22-1028)

House Bill 22-1028 also known as Colorado’s Safety Stop Law requires all bicyclists aged 15 and over to use to treat red lights as stop signs and stop signs as yield signs. Practically, this means a bicyclist does not have to full stop at every stop sign, they can slow down to a reasonable speed and proceed as long as they yield to traffic. For stop lights though, they still must stop. When the defense attorney attempts to utilize the Safety Stop Law to argue the bicyclist “ran a stop sign,” there should be little difficulty in explaining the Safety Stop Law explicitly allows bicyclists to go through stop signs when they have yielded to any traffic or pedestrians having the right-of-way. The bicyclist did not violate the Safety Stop Law. Instead, the bicyclist followed the Safety Stop Law. Each of the spoke pages in this guide is prepared to anticipate and counter this defense position.

Colorado Hands-Free Law: C.R.S. § 42-4-239

HB 23-1221 amended C.R.S. § 42-4-239 (HB 23-1221) to prohibit a driver from holding a mobile electronic device while operating a vehicle. Violation of the Hands-Free Law constitutes negligence per se in a civil bicycle accident case. Using cell phone records to show the driver was actively holding or using their phone at the time of impact is an important element of establishing fault in favor of the cyclist. Combined with a Three-Foot Rule violation, a Hands-Free Law violation establishes two separate grounds upon which the driver is liable.

Modified Comparative Negligence: C.R.S. § 13-21-111

In addition to proving the defendant’s liability, the plaintiff must also establish whether the cyclist’s own actions contributed to the collision. Under C.R.S. § 13-21-111, a jury finding that the cyclist was at least 50% responsible for the collision results in the cyclist being barred from recovering any compensation. However, if the jury determines that the cyclist was less than 50% responsible for the collision, then the cyclist can recover, but the recovery will be diminished according to the percentage of responsibility attributed to the cyclist. This is the most frequently utilized argument made by the defense in all cycling cases. The insurance company has no interest in determining if the driver acted appropriately. Their goal is to find fault attributable to the cyclist equal to or exceeding 50%. To successfully counter this argument, evidence must be presented, including GPS and Strava data, intersection camera footage, cell phone records, and the vehicle’s event data recorder.

Critical Deadlines

Statute of Limitations: The statute of limitations to file a claim for personal injury negligence claim pursuant to C.R.S. § 13-80-101 expires three years from the date of the crash. The statute of limitations for claims alleging wrongful death is two years from the date of death, pursuant to C.R.S. § 13-21-204.

Government Entity Claims: If the cyclist’s accident was caused by a defect in a roadway or lack of adequate signage, etc., a potential claim may exist against the municipality or CDOT. Pursuant to the Colorado Governmental Immunity Act (C.R.S. § 24-10-109), written notice to the government entity must be given within 182 days of the occurrence. Failure to timely give this notice means the claim will be lost regardless of the severity of the injuries sustained.

Common Bicycle Crash Scenarios on the I-25 Corridor

Bicycle crashes follow recognizable patterns. The same intersection geometries, driver behaviors, and road conditions produce the same collision types across the corridor. Understanding the pattern tells you where to find the evidence and which statutes apply.

Dooring Accidents

The door of a stationary vehicle swings directly into the path of the approaching bicyclist. Due to the lack of braking distance, as well as insufficient space to avoid the door, the bicyclist’s path crosses directly through the vehicle door; upon contact with the vehicle door, the bicyclist is propelled into the travel portion of the roadway where he may collide again with another vehicle. Dooring collisions can result in significant head trauma, facial fractures and dislocated shoulders even at relatively low speeds due to the high degree of kinetic energy imparted to the bicyclist as his body impacts head-first either into the vehicle door frame or onto the pavement beyond the vehicle door. Under C.R.S. § 42-4-1207, No person shall open the door of a vehicle on the side available to moving traffic unless it is safe to do so. → Full dooring accident guide

Intersection Accidents

Intersections are the most dangerous place for a cyclist. Right-turning drivers who fail to check the bike lane. Left-turning drivers who focus on oncoming cars and miss the cyclist proceeding straight. Drivers who accelerate through yellow lights without scanning for cyclists already in the intersection. These crashes account for the majority of cyclist fatalities nationwide. The driver’s duty to yield at intersections is established by the same traffic code that applies to every other vehicle, because under § 42-4-1412, a bicycle is a vehicle. → Full intersection accident guide

Road Hazard Crashes

A pothole that a car drives over without noticing can send a cyclist over the handlebars at 20 mph. Cracked pavement, sewer grate gaps aligned with the direction of travel, gravel on a bike path, construction debris left in a bike lane. These hazards are invisible at speed and catastrophic on two wheels. When the hazard is on a public road maintained by a government entity, the Colorado Governmental Immunity Act (C.R.S. § 24-10-109) creates a 182-day notice deadline. Miss it and the claim evaporates, regardless of how negligent the road maintenance was. → Full road hazard guide

Bike Lane Accidents

Bike lanes create a false sense of security. A painted stripe does not stop a distracted driver from drifting into the lane, a delivery truck from double-parking in it, or a ride-share vehicle from pulling into it without warning. When a driver enters a designated bike lane and strikes a cyclist, the violation of the lane designation is additional evidence of negligence. → Full bike lane accident guide

E-Bike Accidents

Colorado sees rapid growth in e-bike ridership. Colorado statutes classify e-bikes into three different classifications (Classes 1 through 3) based on their assistance levels; C.R.S. § 42-1-102(28.5) defines them as follows:

• Class 1 – pedal assist only with a top speed of 20 mph.
• Class 2 – throttle assist only with a top speed of 20 mph.
• Class 3 – pedal assist only with a top speed of 28 mph.

All of these types of e-bikes have fully functioning pedals and a maximum motor output of 750 watts. E-bikes are not considered motor vehicles in Colorado and therefore do not require registration, licensing or insurance. However, this also means that there is no insurance available for injuries sustained by the rider of an e-bike in many cases because e-bike use is excluded from coverage in most homeowner and renter insurance policies. In addition, higher speeds and larger weights mean that crashes will likely be more severe than those resulting from lower-speed bike accidents. As of now, this is a developing field, as no law firms along the I-25 corridor have established specific content related to e-bike crashes.

Hit-and-Run Bicycle Accidents

The driver left after causing an accident. The case did not leave. According to C.R.S. § 42-4-1601, a driver who leaves the scene of a car wreck that resulted in serious bodily injury or death can be charged with a felony punishable by imprisonment for 4 to 12 years. For the injured cyclist, however, the first issue may be determining who will pay for his/her medical bills, property damage and lost wages. In such a case, the injured cyclist’s own uninsured motorist (UM) policy will apply regardless of whether the cyclist was in a motor vehicle at the time of the accident (C.R.S. § 10-4-609). The injured cyclist will also likely need to file a police report to pursue claims against the hit-and-run driver. Therefore, it is recommended that cyclists carry UM coverage. A summary of the law regarding hit-and-run bicyclists is contained in our hit-and-run bicycle accident guide. An explanation of how to access UM/UIM coverage is provided in our UM/UIM coverage guide.

Bicycle Injuries and What They Actually Cost

Bicycle accident injuries are disproportionately catastrophic relative to the speed of the collision. The absence of any crash protection system means a 25 mph impact produces injuries that a car occupant might only sustain at 45+ mph. Traumatic brain injury is the leading cause of cyclist death and long-term disability. Road rash requiring skin grafts, clavicle and scapula fractures, spinal cord damage, and internal organ trauma from handlebar impacts are all common.

Colorado Damages Cap Update: HB 24-1472 raised the noneconomic damages cap to $1,500,000 for personal injury and $2,125,000 for wrongful death, effective January 1, 2025 (C.R.S. § 13-21-102.5). These caps apply only to noneconomic damages. Economic damages, including medical bills, lost wages, and future care costs, are uncapped.

Cross-Reference: Traumatic Brain Injury Pillar | Wrongful Death Pillar

Evidence That Wins Bicycle Cases

Bicycle cases are often won or lost on evidence collected in the first 72 hours. A firm preparing for trial tries to preserve this evidence on day one. A firm preparing to settle sends a vague demand letter and hopes the evidence still exists. It might not.

1. GPS and Cycling App Data (Strava, Garmin, Wahoo)

Many cyclists wear GPS enabled watches or use phone apps such as Strava, Wahoo or Garmin while cycling which capture the cyclist’s speed, route, cadence and heart rate on a second by second basis. This information is used to rebut the defendant’s assertion that the cyclist was traveling at an excessive speed and/or swerving into the lane when he/she was struck. The GPS watch/phone app should be preserved as soon as possible along with all of the information stored on the “cloud.”

2. Traffic and Surveillance Camera Footage

Surveillance cameras from intersections, commercial businesses, private residences and many other locations are likely the best piece of evidence that can be found in bicycle accident cases. These cameras provide proof of the location of the bicyclist at the time of the collision, the location of the driver’s view, the speed of the vehicle and the time it took for the driver to react to the bicyclist. Many commercial surveillance systems will automatically delete captured video images within 24-72 hours after they are recorded. A request for preservation should be made as soon as possible to preserve this important evidence.

3. Cell Phone Records

App usage data, GPS pings, text message metadata, and social media timestamps from the moments before impact. If the driver was scrolling their phone, that data exists. A Hands-Free Law violation (C.R.S. § 42-4-239) is negligence per se. The phone records are the proof.

4. Event Data Recorder (EDR / Vehicle Black Box)

Most vehicles manufactured after 2013 contain an event data recorder capturing speed, braking, throttle position, and steering angle in the 5 seconds before impact. The EDR tells you exactly how fast the driver was going and whether they braked before striking the cyclist. A preservation letter must be sent before the vehicle is repaired, totaled, or scrapped.

5. The Bicycle Itself

The point of impact on the bicycle frame tells an accident reconstruction expert the angle and force of the collision. Paint transfer from the vehicle, deformation patterns on the wheels and fork, and the position of the handlebars at rest all constitute physical evidence. Do not repair, discard, or modify the bicycle before it has been photographed, measured, and preserved.

The Defense Playbook and How Rampart Answers It

Insurance companies and defense attorneys deploy the same arguments in cycling cases across Colorado. They are predictable. Knowing what is coming is the first step to defeating it.

Who Pays: Insurance in Bicycle Accident Cases

Driver’s Liability Insurance: The drivers involved with the accident will be the ones paying for damages if you file a lawsuit as the result of a bike accident in Colorado. Your first potential source of recovery is through the liability insurance that the other parties have purchased. As stated previously, Colorado has mandated that all motor vehicles have a certain amount of liability insurance. The current minimum liability limits are twenty-five thousand dollars ($25,000) per injured party and fifty thousand dollars ($50,000) total for each accident (C.R.S. § 10-4-619). These minimums are grossly insufficient for the catastrophic cycling injuries that can involve traumatic brain injury (TBI), spinal cord injuries and other severe injuries that may also include loss of life.

Uninsured/Underinsured Motorist (UM/UIM) Coverage: Another source of recovery from which you can pursue a claim is Uninsured/Underinsured Motorist (UM/UIM) coverage. In addition to providing coverage to the occupants of the vehicle that you are operating, UM/UIM coverage is applicable to bicycles (C.R.S. § 10-4-609). Therefore, if you are involved in an accident with an uninsured driver, a hit-and-run driver, or a driver who does not carry enough liability insurance, you can make a claim against your own UM/UIM coverage. UM/UIM coverage is another example of how cyclists can utilize their own insurance to help recover financial losses after an accident. → Full UM/UIM guide

MedPay: Med Pay is another type of coverage provided by your auto policy. Med Pay will pay your medical expenses up to the limit set forth in your policy and usually regardless of whether you were operating a vehicle or riding a bicycle when the accident occurred.

E-Bike Insurance Gap: In Colorado, electric bikes (e-bikes) are considered bicycles rather than motor vehicles. Therefore, there is no requirement to register them with the state, obtain a license plate, or purchase liability insurance. Because many homeowner and renter policies do not provide liability coverage for e-bikes, it is imperative to verify the at-fault party’s insurance coverage immediately. If you are riding an e-bike and the accident was the fault of the driver of the motor vehicle, then the driver’s liability insurance and your UM/UIM coverage are your primary sources of recovery.

Frequently Asked Questions: Colorado Bicycle Accidents

What is the statute of limitations for a bicycle accident in Colorado?

Three years from the date of the accident for personal injury negligence claims under C.R.S. § 13-80-101. Two years for wrongful death under C.R.S. § 13-21-204. If a government entity is involved (road hazard, defective bike lane design), the 182-day CGIA notice deadline under C.R.S. § 24-10-109 applies.

Do cyclists have the same rights as cars on Colorado roads?

Yes. Under C.R.S. § 42-4-1412, every person riding a bicycle on a roadway has all of the rights and duties applicable to the driver of a vehicle. A cyclist may legally occupy a traffic lane, make left turns from the left-turn lane, and ride on any road that does not specifically prohibit bicycles (such as certain interstate segments).

What is Colorado’s Three-Foot Passing Rule?

Under C.R.S. § 42-4-1002, drivers must maintain at least three feet of clearance when passing a cyclist. A violation is a traffic infraction and constitutes negligence per se in a civil case, meaning the violation itself proves the driver breached the standard of care.

What if the driver who hit me fled the scene?

You can file a claim with your own uninsured motorists (UM) coverage. Under C.R.S. § 10-4-609 treats a fleeing hit-and-run driver as an uninsured motorist. Since you were riding a bike, not inside a car, your UM coverage will still apply. In Colorado, it is a felony for someone to flee the scene of a serious injury or fatality that occurred in a crash; this felony offense carries a sentence of 4 to 12 years in jail (C.R.S. § 42-4-1601).

Can I sue the city if a pothole or road hazard caused my bicycle crash?

Potentially. If a road hazard maintained by a government entity (city, county, or CDOT) caused the crash, a claim under the Colorado Governmental Immunity Act may exist. But you must file a written notice of claim within 182 days under C.R.S. § 24-10-109, and damages are capped under C.R.S. § 24-10-114. These claims are complex and time-sensitive. → Full road hazard guide

How much is a bicycle accident case worth in Colorado?

It depends on injury severity, permanence, available insurance coverage, liability clarity, and comparative fault. HB 24-1472 raised the noneconomic damages cap to $1,500,000 for personal injury and $2,125,000 for wrongful death (C.R.S. § 13-21-102.5). → Full List of Case Settlements

Does Colorado require cyclists to wear helmets?

Colorado has no mandatory helmet law for adult cyclists. For e-bike riders under 18 on Class 3 e-bikes (pedal-assist, 28 mph max), helmets are required. The absence of a helmet does not eliminate or reduce the driver’s liability for causing the crash. Defense attorneys may argue the absence of a helmet worsened a head injury (a damages argument), but that is separate from who caused the collision (a liability argument).

What is Colorado’s Safety Stop Law for cyclists?

Effective 2022 under HB 22-1028, Colorado’s Safety Stop Law allows cyclists aged 15 and older to treat stop signs as yield signs and red lights as stop signs, provided they yield to any traffic or pedestrians with the right of way. Defense attorneys who argue the cyclist “ran a stop sign” are citing a law that no longer applies the way they claim.

What are the e-bike classifications in Colorado?

Under C.R.S. § 42-1-102(28.5), Colorado classifies e-bikes as: Class 1 (pedal-assist only, 20 mph max), Class 2 (throttle-assist, 20 mph max), and Class 3 (pedal-assist only, 28 mph max, speedometer required). All classes have a maximum motor output of 750 watts and must have fully functional pedals. E-bikes are not motor vehicles. No registration, license, or insurance is required.

How does comparative fault affect what I can recover as a cyclist?

In Colorado, under C.R.S. § 13-21-111, your recovery will be reduced by your percent of fault, if the jury determines you were 20% negligent and awarded you $500,000 for your damages, you would receive $400,000. If the jury decides your negligence was 50%, or greater, you would receive no award. The insurance company’s approach to almost all cycling claims is to obtain a finding of 50% or greater negligence on your part. A combination of GPS, Strava records, videos from intersection cameras, and the driver’s cell phone records provide the evidence required to ensure this figure remains where it should.

Explore the Full Bicycle Accident Resource Library

Every bicycle accident has a specific fact pattern. The guides below address the most common scenarios, the legal issues unique to each, and the evidence strategies that produce the strongest outcomes.

Serving the I-25 Corridor

Castle Rock | Colorado Springs | Denver | Highlands Ranch

You Were Riding. You Had Every Right to Be There.

You were in the bike lane. You were following the law. You were doing something good for your body and the environment. Or maybe you were riding outside the bike lane, and the insurance company is using that to erase your claim. Either way, you have injuries that did not exist before a driver decided you were invisible.

Rampart Injury Lawyers handles bicycle accident cases across the I-25 corridor from Denver to Colorado Springs. The consultation is free. There is no fee unless we recover money for you. And the earlier you call, the more evidence we can preserve to fight the insurance company’s fault arguments.

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