Hit by a Driver While Riding? Burg Simpson Can Help
With warm weather arriving in Colorado, the number of cyclists and motorcyclists on the road is increasing. This rise in vulnerable riders traveling with motor vehicle drivers can lead to unforeseen collisions or catastrophic events. If you or a loved one has been involved in a cycling or motorcycle crash, you may wonder whether you […]
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With warm weather arriving in Colorado, the number of cyclists and motorcyclists on the road is increasing. This rise in vulnerable riders traveling with motor vehicle drivers can lead to unforeseen collisions or catastrophic events.
If you or a loved one has been involved in a cycling or motorcycle crash, you may wonder whether you should contact an attorney.
Burg Simpson Law Firm has extensive experience representing injured riders and families of those who are killed or injured in bicycle or motorcycle accidents.
Their expert legal team includes the award-winning trial attorney and Shareholder Stephen J. Burg. The experienced and compassionate Colorado motorcycle attorney fights for victims of these frequent, traumatic, and tragic accidents to receive due compensation.
Recent CDOT Bike and Motorcycle Accident Statistics
The Colorado Dept. of Transportation (CDOT) reports the number of bicycle fatalities is down 38% so far in 2025 compared to last year. However, the numbers also show that pedestrian and bicyclist fatalities overall have increased 78% since 2015.
For motorcyclists, the numbers are even more alarming. CDOT reports that Colorado motorcycle deaths have risen 57% in 10 years.
As a renowned bicycle accident lawyer in Colorado, Burg explained how CDOT’s statistics correlate with the number of legal claims and lawsuits.
“A 38% drop is a significant decrease and suggests that safety campaigns, infrastructure improvements (like protected bike lanes), and public awareness may be making a difference,” Burg said. “However, these numbers don’t always reflect the volume of legal or insurance cases. A drop in fatalities doesn’t necessarily mean a drop in injury-related claims or lawsuits — non-fatal crashes still happen and often lead to personal injury cases.”
Factors that Impact the Rise in Bicycle- and Motorcycle-Related Cases
Many Colorado personal injury firms have reported a rise in bicycle- and motorcycle-related cases over the past five to 10 years. Burg credits the following factors for the spike, with peaks occurring from May to September:
- An increase in urban cycling in Denver, Boulder, and Fort Collins
- Population growth and more vehicle traffic
- Recreational riding growth in mountain areas in summer
- Distracted driving due to smartphones
“The long-term rise in motorcycle fatalities is concerning,” Burg said. “It does often correlate with an increase in injury or wrongful death cases, especially as more people take up motorcycling or as traffic congestion worsens. Motorcycles are less visible, more vulnerable, and more impacted by road hazards — making accidents more severe and legally complex.”
Laws Drivers and Cyclists Should Know
Laws governing rules between drivers and cyclists “aim to clarify behavior, reduce friction between drivers and cyclists, and create safer shared use of roads,” Burg explained.
Obeying the following key laws can help protect people from injury and death:
- 3-Foot Rule: Motorists must give cyclists at least 3 feet of space when passing. This is not unique to Colorado but is strictly enforced.
- Stop-as-Yield (Safety Stop): As of April 2022, cyclists may treat stop signs as yield signs and red lights as stop signs when safe. Colorado has now adopted this law, originally known as the “Idaho Stop.”
- Bike Lane Use: Cyclists are encouraged (not always required) to use bike lanes when available. However, they can leave the bike lane to avoid hazards.
- Lighting & Visibility: Cyclists must use front white lights and rear red reflectors or lights when riding after dark.
- Helmet Use: State law does not require adults to wear helmets, but they are strongly recommended. Minors ARE required by law to wear DOT-approved helmets when they are passengers on motorcycles or while operating low-powered scooters. Additionally, the law requires minors operating Class 3 e-bikes to wear helmets. Colorado law prohibits minors under the age of 16 from operating Class 3 e-bikes. The law also requires riders, regardless of age, to wear eye protection.
Key Laws and Recent Changes for Motorcyclists
To ensure safety and legally ride, motorcyclists must obey the following key laws:
- Helmet Use: Riders aged 18 and above are not required to wear helmets, although it is highly recommended. Riders under 18 must wear DOT-approved helmets.
- Eye Protection: All riders must wear eye protection unless the motorcycle has a windscreen.
- Lane Splitting & Filtering: Colorado recently passed a lane filtering law allowing motorcyclists to ride between cars in the same lane, provided certain conditions are met. Those conditions include that traffic is stopped, the lane is wide enough, and that the motorcycle is moving at 15 mph or less, among others. Lane splitting otherwise remains illegal.
- Two Abreast Riding: Motorcyclists may ride two abreast in a single lane but cannot pass in the same lane as another vehicle unless the conditions noted above are met.
- License Endorsement: Riders must have a motorcycle endorsement (M) on their driver’s license, which often requires a skills test or completion of a safety course.
Key changes to motorcycle laws, regulations, and programs include:
- Training incentives: The state has encouraged safety courses, such as those offered by the Motorcycle Operator Safety Training (MOST) program.
- Awareness campaigns: CDOT has ramped up its “Ride Smart” and “Look Twice” campaigns to reduce motorcycle deaths.
- Technology push: Educational efforts are promoting ABS brakes and rider assist systems.
What Cyclists or Motorcyclists Should Do if a Driver Hits Them
Getting hit by a driver while riding a bicycle or motorcycle can cause serious injuries or death. Follow these steps immediately after you or a loved one is struck (if you are physically able):
- Get to safety: Move out of the roadway if you can safely do so.
- Call 911: Report the crash, even if injuries seem minor.
- Exchange information: Get the driver’s name, license plate number, insurance details, and contact info.
- Do NOT admit fault: Even saying “I’m sorry” can be used against you later.
- Take photos/videos – Document:
– Vehicle and bike/motorcycle damage
– Roadway layout, skid marks, traffic signs
– Injuries, helmets, gear, and anything that might support your side of the story - Get witness contact info: Their statements can become key evidence.
Burg also advises filing a police report to establish an official record of the collision. This helps ensure that you or your attorney can collect crucial evidence, including photos of vehicles, license plates, injuries, and road conditions, as well as dashcam or surveillance footage and camera footage from nearby homes or businesses.
How Witnesses Can Help After a Bicycle or Motorcycle Crash
Witnesses can provide key evidence in a personal injury lawsuit. If you witness an accident and are able, Burg advises:
- Call 911 to report the accident or follow up on emergency services arrival time.
- If you’re trained in CPR or first aid, assist as needed.
- Remain at the scene to provide a statement or documentation about what you saw to investigators or for potential insurance or legal claims.
- Document what you saw right away, whether you write notes or record a voice memo on your phone.
Should You Always Seek Medical Attention?
A seasoned bicycle or motorcycle lawyer in Colorado will always advise that you seek immediate medical attention after an accident, even if you sustain minor injuries.
That’s because medical records provide a time-stamped link between the crash and your injuries — which is crucial in legal claims.
If you wait to see a doctor, insurance companies may argue that your injuries aren’t crash-related. So, seek medical help ASAP.
Avoid These Common Mistakes
Attorney Stephen Burg understands that getting into a bicycle or motorcycle accident with a driver can be physically and mentally overwhelming.
In working with a motorcycle or bicycle accident lawyer to pursue compensation, Burg recommends avoiding these common mistakes:
- Failing to call the police
- Admitting fault or apologizing
- Not collecting evidence
- Delaying medical treatment
- Talking to the at-fault driver’s insurance without a lawyer
Burg Simpson Seasoned Attorneys are Here to Help
Burg Simpson is known across Colorado and nationally for decades of proven trial success in personal injury, wrongful death, and catastrophic injury cases.
The firm earned national recognition as a Top 100 Trial Lawyer firm.
As such, they have the resources and reach to tackle complex, high-value cases — from local bike crashes to major motorcycle wrongful death lawsuits.
Burg Simpson’s client-first approach includes free consultations, contingency fee structures, and dedicated support teams for every client. Contact them today at 888-895-2080 to schedule an appointment to discuss your case.
The news and editorial staffs of The Denver Post had no role in this post’s preparation.
