Denver Bicycle Accident Lawyer Ready to Take Your Case to Trial

You were hit by a car while riding your bicycle in Denver. The questions start. Who's at fault? Who's going to pay for your medical bills, missed time from work, and more? Should you talk to their insurance? If the driver doesn't have insurance, do you still have a case? All these questions and more need the help of an experienced Colorado lawyer focused on bicycle law to help you navigate the important legal issues you are now facing.

When you call Bike Brain Law, you talk to Attorney Dan D'Angelo, a trial lawyer with 20+ years of experience and avid cyclist. Dan directly handles your case from day one to help with these questions so you can avoid the traps and missteps that can cost injured cyclists the recovery they deserve.

Attorney Dan D'Angelo has practiced law in Colorado since 2005 and started his own personal injury law practice in 2009. He has been a trial attorney for over 20 of those years — and an avid Colorado cyclist for just as long.

Most bicycle accident cases settle. What moves the settlement number is what the insurance company expects to happen if it says no or makes an unfair settlement offer.

Insurers know which lawyers will file a lawsuit and which ones don't. A claim from a lawyer who won't go to court typically gets priced lower than a lawyer who will go to court.

Dan builds every bike case as though a Denver jury will hear it. Evidence gets locked down early before it may be gone. Bicycle and medical experts come in when needed. And Dan knows what your case is worth before the first offer arrives, so a low number gets recognized for what it is.

Settling from that position is a choice you make with full information. That's the goal.

Every case starts the same way. Where it goes from there depends on the evidence and on how the insurer behaves.

1. Investigation. Dan gathers evidence to show the driver was at fault and to answer any blame placed on the bicyclist — witness interviews, the crash scene, photos and video, the police report, your bike and helmet, and your ride data.
2. Treatment. Your health comes first. Dan tracks your medical treatment and bills, how the injury has changed your life, and works with medical experts to prove your injuries and damages.
3. Demand. Once the full picture of your injuries and damages is clear, Dan presents the claim to the responsible parties and their insurer.
4. Negotiation. Many cases resolve here if the offer is fair.
5. Lawsuit. If the offer isn't fair, Dan is ready to file a lawsuit to obtain a full and fair compensation for all injuries and damages.
6. Mediation. Many cases go to mediation for negotiation led by a neutral party.
7. Trial. If a resolution is not reached, there is a trial and a jury decides.

A lawsuit is typically filed after reasonable attempts to reach a settlement, but when the insurer unreasonably denies your claim, blames you for fault, or offers less than your injuries and damages are worth, a lawsuit is often the only way to get them to pay full and fair value.

In 2023, Dan tried a case to a Denver jury for a pedestrian hit by a vehicle making a right turn. The driver claimed they had a green light when it was red. Early investigation by Dan was key to proving the light was red and not green. The jury returned a verdict in favor of Dan's client for $2,860,372.90.

Cases like that Denver trial and bike crashes share a lot in common. The pedestrian is a vulnerable road user like a bicyclist, and the injuries are often severe. The driver blamed the pedestrian and claimed that they had a green light and the right of way. The Denver Police even ticketed the pedestrian. And the defense tends to argue the same two things: the person who got hit was partly to blame, and the injury didn't really change their life. Dan has answered those arguments in front of a jury.

Every case is different. Past results do not guarantee or imply that the same or similar results could or will be obtained in your case. See more case results.

The crashes Dan sees most often in Denver involving bicyclists and cars happen because drivers are distracted and driving aggressively. Here are some of the more common ways Dan proves the driver is at fault for the bicycle crash.

• Unsafe passing. Cars often pass too closely hitting bicyclists with the side of their vehicle or mirror, or move back in front of the cyclist before it is clear and safe. Drivers must give bicyclists at least three feet (including their mirror or other projections) when passing a bicyclist, and may only return back to the right or left when safely clear of the bicyclist. (C.R.S. §§ 42-4-1002 to 1004).
• Turning in front or into bicyclists. A driver hits a cyclist from a left turn, pulling in front of the cyclist, or what is known as a "right hook." A right hook is when the vehicle is positioned to the bicyclist's left and turns right into them, hitting the bicyclist with the right side of the car. This often happens at intersections or private entrances when cyclists are going straight and the car makes a right turn in front of the cyclist. Like passing, turns may only be done when it is safe to do so and yielding the right-of-way to other road users like bicyclists. (C.R.S. § 42-4-903).
• Distracted driving. We've all seen the drivers looking at their phone. The driver is looking down at their lap or even more obvious, they are holding their phone in plain view. In Colorado, it is illegal to use a mobile electronic device while operating a motor vehicle, which includes physically holding the device, watching videos not for navigation, or physically (not voice activated) writing, sending, or reading text-based communications. (C.R.S. § 42-4-239). This includes while drivers are stopped in traffic, at a traffic light, or stop sign.
• Dooring. Opening a car door or leaving it open longer than necessary to load or unload and interfering with a bicyclist's movement on the road is illegal and it's a constant risk in Denver and anywhere around parked vehicles. (C.R.S. § 42-4-1207). An open car door can easily stick out 3 feet or more and is the reason why cyclists often do not ride in the bike lane adjacent to parked vehicles for fear of a door opening suddenly into them.
• Crowding or Threatening. Drivers who swerve at or drive too close, toward, at or near bicyclists is illegal in Colorado. (C.R.S § 42-4-1008.5). This is dangerous driver behavior and if it results in a bicycle crash the driver may be responsible.

Evidence can disappear fast. Traffic, business, and transit cameras often record over their footage within days or weeks. Motor vehicles have event data recorders also called "black boxes" that record vehicle data, like speed, braking, and turning immediately before a crash. Your bike computer, phone, fitness watch, radar, and other devices may contain helpful data about your speed, road position, and route. Your bike and helmet may contain helpful physical evidence, so don't repair them or throw them out. Dan moves quickly to preserve all of it. For a full list, read 12 steps to take after a bike crash and where cyclists can legally ride on Colorado roads.

Expect it. Blaming the bicycle rider is a common way insurers try to reduce what they pay. The driver is also likely to be looking to escape liability when they speak to the police at the scene and blame the cyclist who cannot defend themselves as they may be unable to communicate or may have little or no memory of what happened due to their injuries.

Colorado uses modified comparative negligence (C.R.S. § 13-21-111) where your recovery is reduced by your percentage of fault and if your share of fault equals or exceeds the driver's, you recover nothing.

This is why it's important to work with an attorney to help investigate and gather evidence how the incident occurred to rebut any blame the insurance company, police, and other driver may attempt to place on the bicyclist. Dan has handled several cases where his clients were wrongly ticketed by the police and where the insurance companies wrongly assigned fault to his client.

The value of every case is different and cannot be determined without knowing all injuries and damages. What can be said is an insurance company isn't going to pay you for something without the proper evidence of your damages. There are many kinds of damages that can flow from a bicycle crash and an insurance claim.

There are economic damages for things like medical bills, lost wages, damage to your personal property like your bicycle and the loss of use of your bike. There are non-economic damages that cover things without a receipt, like pain, inconvenience, loss of enjoyment of life, and physical impairment. Depending on the case, there may be other available damages for exemplary damages also known as punitive damages, or statutory damages for the unreasonable delay and denial of the payment of insurance benefits known as insurance bad faith. The spouse of an injured cyclist may be entitled to damages. Some claims could also provide for the recovery of attorney fees and costs, and while not damages per se, is vital to full compensation. There are also past and future damages. Past damages are those incurred at the time of the settlement offer or trial. Future damages are based on what may likely happen after a settlement offer or trial and require a team of experts to determine and calculate.

Working with an attorney who can help you determine all the damages that may apply in your case is important to obtaining a full and fair recovery.

You are injured on your bicycle and suffered some or all of the damages mentioned above and it's clear the driver is responsible for causing those injuries and damages, so how is compensation paid?

First, is if the driver has insurance coverage.

Second, does the cyclist have their own insurance coverage? This could be a standalone bicycle insurance policy or automobile insurance coverage that provides uninsured, underinsured motorist coverage, and/or medical payments coverage. The cyclist's auto coverage will apply in Colorado even though the injured cyclist was on their bike.

Third, are there personal or business assets to pay the damages for the at-fault driver? Payment above the driver's liability insurance policy is uncommon but may be pursued in certain cases, and is something Dan has recovered for clients in the past.

Fourth, does the injured cyclist have health insurance or disability insurance? While not compensation in the traditional sense, these sources help to cover losses while the case is pending. The payment of benefits like these by third parties may need to be repaid upon any monetary recovery by the injured cyclist and is something Dan handles and advises his clients about during and at the end of each case.

Dan knows how to find insurance coverage the client may not know about, and will talk through the possible types of insurance coverage that may apply in your case.

There are deadlines called statute of limitations, and notice requirements for some claims which if not followed can bar your recovery. The length of time varies as does the time when the clock starts ticking. So don't wait. Talk to Dan immediately to protect your claim.

Dan rides the same roads as his clients, from downtown Denver to across Colorado. Ride enough and getting hit is likely to happen. It's happened to Dan. He knows the trauma of being hit. When he looks at how a crash happened, he sees it the way a rider and attorney does: the lane position, the sightlines, the spot where a driver had every chance to see you.

You won't be handed off to a case manager. Dan takes your first call and works directly with you to the end. Let Dan's 20+ years as a Colorado trial lawyer and cyclist go to work for you.

"Getting injured is never pleasant. Dan was responsive, professional, and relieved me of the burden of dealing with the insurance claim. As a result, he secured a favorable outcome." — Holly L.

Nothing up front. Dan works on a contingency, which means his attorney fee is paid from the monetary recovery. If there is no recovery, you don't owe an attorney fee.

Case costs are different than the fee. Costs for case expenses are different for every case and Dan works closely with the client to keep case costs reasonable and only when necessary. Dan does not charge interest on costs his office advances and the fee agreement explains exactly how costs are handled.

The consultation is free. You'll talk with Dan himself about your case and what working with him looks like — no pressure, no obligation.

If an insurance adjuster is calling you to talk about the crash, call Dan first. Even if they aren't asking for a recorded statement you shouldn't talk to the insurance company before you've talked to a lawyer. Even if it's not recorded the insurance company is taking down notes and saving what you say in the claim file. You'll talk to Dan directly, not an intake operator, and he'll tell you honestly where your case stands. The consult is free.