Bikes And The Law

It is essential that cyclists understand insurance coverage to protect themselves in the event of an injury or accident. With an increase in traffic on the roads and trails, the numbers of cycling injuries is on the rise. With knowledge about insurance and the proper coverage, you can protect yourself and your family from potentially catastrophic loss.

It is important to know that your automobile insurance will extend coverage to you in the event that you are hit while riding your bike.  For this reason, it is extremely important to understand your automobile insurance policy and include sufficient coverage on your own automobile policy to cover potential losses that may occur while riding your bicycle.

UNINSURED AND UNDERINSURED MOTORIST COVERAGE

One of the most important insurance to carry is called Uninsured Motorist (UM) and Underinsured Motorist Coverage (UIM).  UM and UIM are typically combined and billed as a single premium.   UM and UIM coverage protects you against drivers who do not carry liability insurance or who do not carry enough liability insurance to cover your loss.  In Colorado, the law only requires a driver to carry a minimum of $25,000 of insurance. (C.R.S. 10-4-620.)

In the case of a mild or moderate injury, $25,000 may be insufficient to cover the medical bills associated with a bicycle injury, much less lost time from work, impairment, loss of use, or the life impacts of the injury itself.  To protect yourself and your family, it is important to carry UM and UIM coverage to make up the difference between the amounts carried by the at-fault driver and the amount of the loss you suffer.

If you are injured by a driver with no insurance or an inadequate amount of insurance, the your UM/UIM carrier is required “to step into the shoes” of the at-fault driver and pay the amount of your damages up to the amount of your UM/UIM policy amount.

For example, if an at fault driver has a policy of $25,000, but causes damages of in excess of $100,000, your UM/UIM carrier “steps into the shoes” of the at-fault driver and is required to pay for your damages.  This raises the questions as to how much UM/UIM coverage should a cyclist carry.  While a definitive number is difficult to determine and should be discussed with your agent and/or lawyer, the answer to this question depends upon personal factors, such as how much can you afford and how much you have to lose if something terrible happened.  I usually recommend people obtain enough coverage to sustain themselves in the event they are unable to work.

It is important to keep in mind that uninsured and underinsured drivers are high-risk drivers.  Typically, they engage in riskier behaviors which prevent them from obtaining insurance, i.e., alcohol related offenses or excessive tickets which make purchasing insurance prohibitively expensive.   Uninsured drivers by nature have less regard for the law as evidenced by the fact that they are willing to drive without insurance in violation of the law.   Additionally, drivers that carry the minimum amount of insurance may do so because they have very few assets to lose if they cause a loss.  In short, it is extremely important to carry a sufficient amount of insurance to protect cover yourself against the most dangerous type of driver on the road – the uninsured and underinsured driver.

Insurance companies do not want to insure uninsured motorists, but the law requires that they do so.  (C.R.S. 10-4-609)   However, an insurance company is only required to sell UM/UIM coverage up to the amount of the liability coverage you purchase.  For example, if you purchase $100,000 liability coverage, you can only purchase $100,000 in UM/UIM coverage.  While UM/UIM coverage is not particularly expensive, it is more expensive to increase your liability coverage.

Please note that UM/UIM property damage coverage is a separate coverage.  Please consider that while the value of your bike may be expensive, it is nothing compared to the value of your health or your ability to work.  Thus, spend your insurance dollars to cover yourself rather than your expensive carbon bike.  UM/UIM coverage must be offered to you by your insurance agent and can only be waived in writing.  Declining UM/UIM coverage is not recommended.

If you are worried about catastrophic loss, it is recommended that you obtain an umbrella policy of insurance.  An umbrella policy provides additional coverage above and beyond UM/UIM coverage and is recommended for those individuals who have a lot to lose in the event of a catastrophic loss.  Please discuss umbrella coverage with your agent or lawyer.  Umbrella policies often provide coverage of $1,000,000 or more.  While this amount of coverage may seem large, your health and ability to function is probably worth far more.

MEDICAL PAYMENTS COVERAGE

Medical payment coverage pays for medical bills related to a motor vehicle accident, including bicycle and pedestrian accidents.  Medical payments coverage can usually be purchased in increments from $2,500 to $25,000.  The advantage of medical payment coverage is that it has no co-pays, no deductibles and no network or provider limitations.  If you have accident related injuries, the bills are paid up to the amount of purchased coverage.  Depending on the circumstances, some insurance companies have balked at providing medical payments coverage for bicycle accident cases.  However, in most instances where a motor vehicle is involved in the collision, medical payments coverage is available to cover the cyclists accident related medical bills. Medical payments coverage may be supplemental to health insurance, however, under C.R.S. 10-4-635 medical payments coverage is not subject to subrogation.  Subrogation is the right of an insurance company to recover for the medical bills they have paid out as a result of someone else’s negligence.  In other words, if you are injured and receive compensation from an at-fault driver, your health insurance will seek to recover from your recovery the amount of benefits they paid.  On the other hand, if medical payments coverage is utilized, there is no right of subrogation and you are entitled to receive the full value of the damages you incurred.

LIABILITY COVERAGE

Please understand that your automobile liability coverage will not extend liability coverage to your bicycle.  If you are at fault for causing an accident, your standard automobile policy does not provide you with liability coverage while riding your bike.  Further, your own automobile policy will not provide property damage coverage for your bicycle.  Often times, your homeowner’s policy may provide property or theft coverage for your bicycle depending upon the circumstances.

CONCLUSION

Insurance law is complicated and the application of such laws to cyclists is confusing.  Cyclists need to understand that with proper planning they can provide coverage for themselves and their families while they participate in a sport they love, but a sport which contains measurable risks.  The sad fact is that cyclists get hurt when they collide with motor vehicles.  While safe riding can help prevent accidents, motor vehicles cause serious injuries.  Our law firm is committed to representing cyclists and helping them understand their rights and obligations under the law.

Stuart D. Mann, Esq.
900 Arapahoe Avenue
Boulder, Colorado  80302
sdm@manmaxlaw.com

t 303.991.2233
f 303.991.1895

Mann & Maximon, LLC
Trusted Counsel. Optimum Results.

With so many serious bicycle accidents right here in Boulder, Colorado it is always a good idea to review the basic safety rules. The following has been republished from the City of Boulder website.

Safety Tips For Bicycles and Road Rules

Put a lid on it
Always wear a helmet. Bicycle helmets can reduce the risk of head injury by up to 85 percent. Three out of four bicycling deaths are caused by head injury.

Lighten up and dress appropriately
And we don’t mean stick to this season’s hot colors. Wear light colored clothes/reflective wear at night. A headlight mounted to your handlebars and a rear reflector are required.

Check out cars
And not just for attractive drivers! Make eye contact with drivers. Assume they don’t see you. Try to keep a car door width away from parked cars when riding on the street.

Falling is not fun
Be aware of changing road conditions. Make turns and stops gradually on loose or slippery surfaces, or when riding in the rain. Slow down on unfamiliar streets. Be cautious when riding at sunrise or sunset. Watch your balance when riding in a crosswind and be sure to cross railroad tracks perpendicularly to prevent catching a wheel and falling.

“On your left”
Be courteous. Slower moving traffic should stay to the right on streets or paths. Give an audible signal when you pass a pedestrian or someone traveling more slowly than you are and maintain a safe passing distance.

Leave room for right-turning vehicles when stopped at a red light. Look behind you to see if a driver is signaling and move your bike to the left if necessary.

Turn it green
Bicycles can be detected by traffic signals. Stop with your wheels on the center line of the double loop or on the white lines of the bicycle marking in the appropriate lane, and the signal should detect you.

This ain’t the Tour de France
The speed limit on multi-use paths in the City of Boulder is 15 mph unless posted otherwise, which means that there is a reason to take it a little slower.

Road Rules

NEW Bicycle Safety Act

This law went into effect on August 5, 2009. It is geared to improve road safety for both bicyclists and motorists.

Here’s what this new law will mean to you while biking or driving.

3 Feet: Enjoy a little breathing room 
Bicyclists get at least 3 feet of space when vehicles pass. To help give you 3 feet, motorists can cross a center line when clear to pass you safely.

Riding with friends
Two bicyclists may ride side-by-side when clear but please move to single-file to allow other vehicles to pass.

Be safe, be seen
Ride as far right as is safe. But that doesn’t mean you have to ride in the gutter – riding in the right half of the lane often is the safest and most visible spot.

Go with the flow
Your choice – bicyclists can ride to the far right or far left on a one-way street. Remember, still no riding upstream – ride in the same direction as traffic.

Keep traffic moving
Enjoy more freedom to safely pass a bicyclist by crossing the center line only when safe to do so. If not clear, simply ease up and wait for the next safe opportunity. By keeping three feet passing distance, you create a safer environment on the road.

Bicyclists easier to see
One of the challenges drivers face is not seeing a bicyclist on the road or seeing them at the last second without time to react. The new law allows bicyclists to ride where motorists are already looking so that you may adjust sooner and more safely.

Road is open for the public
Yes, bicycles are legal on public roads. Please treat everyone on the road with respect. It is illegal to swerve at, buzz, or throw things at bicyclists.

Pass other cars when safe
Before passing another car, first check that there are no bicyclists in the oncoming lane. This keeps you and the driver you are passing safe.

This information has been republished by Mann & Maximon Attorneys at Law. Stuart Mann and Josh Maximon are winning Bicycle Accident Lawyers. They practice Bicycle Accident Law in Boulder and serving Broomfield, Denver, Englewood and all of Colorado.

Author: Jean Kuda -

Have you been injured on a bicycle while riding on your way to a friend’s house due to a defective road or negligent motorist? If so, then you have possibly gone through the excruciating phase of your life. In cases like these, you need to consult a bicycle accident attorney.

A bicycle accident attorney is one who specializes in defending the rights of cyclists who have been involved in biking accidents. He knows and understands the associated laws in bicycle accident cases. Because of the exhaustive nature of bicycle accident claims, the assistance of this type of legal advocates must be sought.

If you or your loved one has been involved in a bike accident, it is a good idea for you to contact an attorney sooner rather than later. There are various reasons to do this.

First, in bicycle accident cases, the motorists are frequently at fault. Although cyclists are expected to follow the traffic rules, automobile drivers too often ignore bikes and fail to give them the room to maneuver compared to what they would give to other motor vehicles. Many motorists fail to properly share the road with bicyclists resulting mostly to fatal accidents.

Furthermore, a bike obviously offers much less protection than a motor vehicle. It is no match to most automobiles that weighs thousands of pounds. Obviously, the bicyclist is usually the one seriously injured if struck by a car. The injuries sustained can be very serious, while those in the car may have suffered not a single bruise.

Last, if you lack medical insurance, it’s especially important for you to contact an attorney, as you may require long-term rehabilitation or multiple surgeries following a car-bike collision.

In addition, battles with insurance companies result in unfavorable settlements for bicyclists, motorists receiving as much as 40% higher compensation for damages.

Due to the dangerous nature of bicycle, injury causing accidents frequently happen. It occurs mainly from three common sources:

• reckless, belligerent or blindsided motorists
• swinging car doors
• jay walking pedestrians

The most common cause of bicycle accident is due to a negligent driver. The injured rider may be entitled to reimbursement for medical bills, lost wages, rehabilitation, and permanent disability.

The National Highway Traffic Safety Administration (NHTSA) reveals that in 2005 alone, 784 bicyclists were killed on roads in the U.S., most of them from crashes with motor vehicles. More than 540,000 people are injured each year in bicycle accidents with about 67,000 suffering head injuries and 27,000 requiring hospitalization.

Victims of bicycle accidents must learn to preserve evidence if able to do so. This is because well-preserved evidence will help ensure the fullest compensation available in cases of serious injury or wrongful death. It can be done by:

• taking pictures
• documenting road conditions
• recording data as to construction sites
• gathering detailed information regarding property damage

To protect your legal rights following severe injury or wrongful death resulting from a bicycle accident, it is best to immediately consult an experienced bicycle accident attorney. Otherwise, you may lose the opportunity to recover suitable damages if you fail to meet the deadline of filing such case.

Our team of well-reputed personal injury defenders is capable of bringing the most favorable results to bicycle accident lawsuits. Just contact us to learn how to avail of our free case evaluation services.

Article Source

This article has been republished by Mann & Maximon, who are the leading Bicycle Accident Attorneys (Lawyers) in Colorado.  Mann & Maximon Attorneys at Law practice in Boulder, CO serving Broomfield, Englewood, and Denver.

Josh Maximon a winning Attorney in the courtroom and on the mountain track; finished the Baily Hundo 100 mile mountain bike race in under 9 hours – a coveted mark.

Josh Maximon and his partner Stuart Mann are avid cyclists and top litigators in the field of Bicycle Accident Law.

Starting from the heart of Bailey, the race features over 45 miles of singletrack. The Bailey HUNDO supports three youth biking initiatives in Colorado: Trips For Kids Denver/Boulder, which offers mountain biking opportunities to underserved youth and changes lives “two wheels at a time”! Colorado High School Cycling League, a new resource for high school students around the state to be exposed to the world of mountain bike racing–and developing the racers of tomorrow who will ride YOUR legs off! Kids On Bikes giving new bikes to children in the Pikes Peak region “through programs that inspire a healthy lifestyle, independence, and achievement”.

Stuart Mann is a winning lawyer on and off the bicycle race circuit. He recently finished the 100 mile Mountain Bike Race in the top 10% for all age groups and in under 9 hours a mark sought after by all entrants. Mann and Maximon Attorneys at Law are experts in bicycle accident law and are passionate cyclists who understand all aspects of biking and the law.
 
 
 
To see a video of Stuart Mann in the Leadville 100 CLICK HERE.

Let us help you get back on your feet. We are not only expert litigators and accident attorneys, but we are avid and passionate cyclists.  Being cyclists and litigators helps get you the justice you deserve and helps you get back on the road more quickly.

This is a blog post about a recent race – a picture or two embedded here in the post as follows with text wrapped around photo, etc.