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Q & A - Know Your Rights

Q:
I was in an accident when a left-turning car pulled in front of me while I was on my bicycle.  The insurance carrier for the automobile driver is denying my claim because I went through the intersection on a red light.  Can they do this?

A:

It is important to remember that an operator of a bicycle has the same duties as an operator of a motor vehicle while using the public roadways.  If you fail to obey the “rules of the road” and wind up in an accident, your rights to recover will likely be significantly prejudiced, if not altogether lost.  In Colorado, your comparative negligence can reduce or bar your claim entirely.  Simply put, “comparative negligence” means a comparison between your level of responsibility for an accident with that of the motorist.  In order to recover damages for property damage or personal injury, you must prove that the motorist is more than 50% at fault for the accident.  If you are 50% or more at fault, your right to recover is lost.  If you are less than 50% at fault, your damages can be reduced by your relative percentage of fault. 

 

The most important reason to obey the rules of the road is that doing so protects your safety as a cyclist.  Additionally, you are an ambassador of the sport, and the general public tends to judge all cyclists based upon your level of responsibility on the roadways.  Also important, however, is the fact that your rights to compensation in the event of an accident can be jeopardized if you fail to act responsibly on the roadway.

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