Colorado Bicycle Accident Laws | Conduit Law

You were doing everything right. Helmet on, lights working, riding in the bike lane or as far right as practicable. Then a driver who wasn’t paying attention—texting, turning without looking, opening a door into traffic—put you on the pavement.

Now you’re dealing with road rash, a broken collarbone, maybe worse. And the driver’s insurance company is already working on their story about how this was somehow your fault.

Let’s set the record straight on what Colorado law actually says.

Cyclists Have the Same Rights as Drivers—Period

Under C.R.S. §42-4-1412, every person riding a bicycle on a roadway has all the rights and duties applicable to the driver of a vehicle. This isn’t a courtesy—it’s law. You have the right to be on the road, the right to a lane when necessary, and the right to not be run over by someone who isn’t watching.

Insurance adjusters love to treat cyclists as second-class road users. “Why weren’t you on the sidewalk?” “Why were you in the lane?” The answer is: because the law says I can be, and the driver had a legal duty to see me and not hit me.

Common Causes of Bicycle Accidents in Colorado

Certain crash patterns account for the majority of bicycle-vehicle collisions:

The Right Hook

A driver passes you on the left and immediately turns right—cutting across your path. This is the most common type of bicycle-vehicle crash and it’s almost always the driver’s fault. They overtook you and turned without yielding.

The Door Zone

“Dooring”—a driver or passenger opens a car door directly into your path. Under C.R.S. §42-4-1207, no person shall open a vehicle door on the side of moving traffic unless it’s reasonably safe to do so. Violating this statute is negligence per se—meaning the door-opener is automatically at fault.

The Left Cross

An oncoming driver turns left across your path, misjudging your speed or simply not seeing you. This happens at intersections and driveways and often results in high-speed impacts because the cyclist has no time to brake.

The Distracted Driver

A driver looking at their phone drifts into the bike lane, or fails to see a cyclist at a stop sign or traffic light. Distracted driving is the leading cause of all traffic injuries—and cyclists are especially vulnerable because they have no steel cage protecting them.

The Intersection Failure

Driver runs a red light, rolls through a stop sign, or fails to yield when turning. Intersections are the most dangerous places for cyclists, and driver inattention at intersections is the most common cause of serious cycling injuries.

Colorado-Specific Laws That Protect Cyclists

Several Colorado statutes directly protect your rights on the road:

• 3-Foot Passing Law (C.R.S. §42-4-1003)—Drivers must give cyclists at least 3 feet of clearance when passing. Violation is a traffic offense and evidence of negligence.
• Bike Lane Rights (C.R.S. §42-4-1412.5)—When a bike lane is present, cyclists have the right to use it. Drivers cannot drive or park in bike lanes except when making turns.
• Door Opening Statute (C.R.S. §42-4-1207)—Opening a door into traffic is a violation. Period.
• Right to the Lane (C.R.S. §42-4-1412)—Cyclists may take the full lane when the lane is too narrow to share safely, when avoiding hazards, or when preparing for a left turn.

Each of these statutes creates a legal duty. When a driver violates one and injures you, they’re negligent as a matter of law. Your attorney doesn’t need to prove they “should have” been more careful—the statute did that already.

Bicycle Accident Injuries Are Severe

There’s no way around this: when a 4,000-pound vehicle hits a 180-pound person on a 20-pound bike, the cyclist absorbs the impact. Common injuries include:

• Traumatic brain injuries—even with a helmet, the rotational forces of a vehicle impact can cause concussion and TBI
• Broken bones—collarbones, wrists, pelvis, and ribs are most common
• Road rash—sounds minor, isn’t. Severe road rash involves skin loss, infection risk, and permanent scarring
• Spinal injuries—from the impact itself or from being thrown from the bike
• Internal injuries—organ damage from handlebar impact or being struck
• Facial injuries and dental damage

The severity of these injuries is exactly why bicycle accident settlements tend to be higher than typical fender-bender car accident claims. More severe injuries mean more medical treatment, more pain and suffering, and more lost time from work.

Comparative Fault and the “You Weren’t Wearing a Helmet” Defense

Colorado’s modified comparative fault rule applies to bicycle cases. The insurance company will try to pin as much fault on you as possible to reduce the payout.

Their favorite argument? “The cyclist wasn’t wearing a helmet.”

Here’s the reality: Colorado has no statewide helmet law for adults. Not wearing a helmet is not a traffic violation and is not evidence of negligence. However, insurers may argue it contributed to the severity of head injuries—a “failure to mitigate damages” theory. Courts have split on this, but it’s a defense you should be prepared for.

Other comparative fault arguments they’ll try:

• “The cyclist ran a stop sign”
• “The cyclist was riding against traffic”
• “The cyclist didn’t have proper lights at night”
• “The cyclist swerved into traffic”

Remember: even if you were partially at fault, you can still recover as long as you were less than 50% responsible. Your recovery is simply reduced by your percentage of fault.

What Your Bicycle Accident Claim Is Worth

Bicycle accident settlements vary widely based on injury severity:

• Minor injuries (road rash, soft tissue): $5,000–$25,000
• Moderate injuries (broken bones, concussion): $25,000–$100,000
• Serious injuries (TBI, spinal, multiple fractures): $100,000–$500,000+
• Catastrophic injuries (permanent disability, death): $500,000–$1M+

Your bike and gear are also compensable property damage. High-end road bikes can cost $5,000–$15,000, and that replacement cost is part of your claim.

Frequently Asked Questions

Should I file a police report after a bicycle accident?

Always. Even if the driver is apologetic and promises to pay. A police report creates an official record of the crash, documents the driver’s information and statements, and triggers an investigation. Without it, the driver can change their story later.

What if the driver left the scene (hit and run)?

Report to police immediately. Your own uninsured motorist coverage (if you have auto insurance) may cover your injuries from a hit-and-run cycling accident. This is one of the most underutilized coverage sources for cyclists.

Do I need a lawyer for a bicycle accident case?

For anything beyond minor scrapes, yes. Insurance companies systematically undervalue cycling injury claims and aggressively pursue comparative fault defenses. An experienced bicycle accident attorney knows how to counter these tactics and maximize your recovery.

Can I still ride while my case is pending?

Yes. Returning to cycling doesn’t undermine your claim—in fact, documenting any limitations or fear you experience while riding supports your damages for loss of enjoyment of life.

---

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult with an attorney for advice regarding your specific situation.

Cyclists deserve the same respect and legal protection as every other road user. When a driver violates that, they pay. Call Conduit Law—free consultation, no fee unless we win.