A cyclist has little protection when a vehicle hits them, and the injuries can be serious or permanent. After a crash, the question of who was at fault often comes down to the rules of the road that apply to bicycles and to the drivers around them. Here are Colorado laws that often come up.
Cyclists Have the Rights and Duties of Drivers
In Colorado, a person riding a bicycle has all of the rights and duties that apply to the driver of any other vehicle, except for special rules written for bicycles and rules that by their nature cannot apply to a bike (C.R.S. 42-4-1412(1)).
Drivers Must Leave Three Feet When Passing
A driver of a motor vehicle passing a bicyclist traveling in the same direction must leave at least three feet between the right side of the vehicle, including all mirrors or other projections, and the left side of the bicyclist at all times (C.R.S. 42-4-1003(1)(b)).
Where a Cyclist Rides in the Lane
A cyclist riding slower than the normal speed of traffic generally rides in the right-hand lane. If that lane is wide enough to be safely shared with passing vehicles, the cyclist rides as far to the right as the cyclist judges safe, unless other conditions make that unsafe. The cyclist may use another lane to prepare for a left turn, to pass a slower vehicle, or to avoid hazards or road conditions, and is not required to ride over hazards at the edge of the road or without a reasonable safety margin on the right (C.R.S. 42-4-1412(5)(a) and (5)(b)). Cyclists may not ride more than two abreast, except on paths or parts of the road set aside only for bicycles (C.R.S. 42-4-1412(6)(a)).
Opening a Car Door Into a Cyclist’s Path
Colorado law says no one may open a car door on the side of moving traffic unless it is reasonably safe to do so and can be done without interfering with other traffic, and no one may leave that door open longer than needed to load or unload passengers (C.R.S. 42-4-1207). That rule matters in dooring crashes, where a rider hits a door that opened without warning.
Lights and Reflectors
Between sunset and sunrise, or any other time conditions make people and vehicles hard to see clearly at 1,000 feet, a bicycle must have a front lamp with a white light visible from at least 500 feet, plus reflective material visible from both sides at 600 feet or a lamp visible from both sides at 500 feet. A bicycle must also have a red rear reflector visible from 600 feet at all times (C.R.S. 42-4-221 and 42-4-204).
How These Rules Affect Fault
Whether the driver and the rider followed these rules can matter when fault is decided. In Colorado, an injured cyclist can still recover as long as the rider’s share of fault is less than the fault of the party being sued, and the award is reduced by the rider’s percentage of fault (C.R.S. 13-21-111).
Deadlines to File
When a car or other motor vehicle was involved, most injury claims must be filed within three years (C.R.S. 13-80-101(1)(n)). If a government vehicle or employee was involved, a written notice of claim is generally due within 182 days of discovering the injury, and missing it can bar the claim (C.R.S. 24-10-109). A wrongful death claim generally must be filed within two years of the date of death (C.R.S. 13-80-102(1)(d) and 13-80-108(2)).
You can read more on our Colorado bicycle accident page.
Talk With Marlo Greer
If you were seriously or permanently injured in a bicycle crash, Marlo Greer and the team at Greer Law Group can look at what happened and who is responsible. Call our Denver office at 303-331-6460.
