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.

Criminal defense lawyers are a special breed of individuals because they specialize in criminal law. Some of these people represent those who are guilty and will do everything in their power to make sure their client does not go to jail.

But how do you select a criminal defense lawyer? For that, you have to find someone who specializes in this field. If you don’t know any, ask your friends or family for help.

When you see them for the first time, this is not a social call but business. You should ask them straight out how long has he or she practiced criminal law, the number of cases that went to trial and how many times have they won.

Do a background check on the criminal defense lawyer. Find out if they belong to any legal organizations like the County or State Bar Associations. If this person is a member of the National Association of Criminal Defense Lawyers, then chances are you are already in good hands.

But since this is not enough, find out if they will have the time to work on your case because you could lose it if they are not able to provide a good defense.

You should also find out how much they charge for their legal fees and if they will be the one who will personally handle your case. If they are asking you for a large sum of money up front, leave the office and find someone else right away.

If you find the rate reasonable and feel comfortable talking to this person, then by all means hire this individual to be your criminal defense attorney.

Now discuss your case and then follow whatever instructions are given. This person should be able to explain to you how things will go and what they will do.

The ideal criminal defense lawyer is the public defender because this is what they do day in and day out. Although they usually get a bad rap, they are very experienced when it comes to going to court which is why they are often used as consultants by private attorneys. Some have even left and established their own firms specializing in criminal law.

Will this guarantee that you will win your day in court? Of course not. Nobody can guarantee that even if you can afford hiring a very rich attorney.

This all boils down to how well this person will be able to cast doubt on the evidence used by the prosecution because you will only get a guilty verdict if they can prove beyond reasonable doubt that you are indeed responsible for the crime.

Selecting a criminal defense lawyer is crucial because not be able to get a good defense will likely get you a guilty verdict. You can prevent that form happening since you are given time to look for one before you are arraigned and asked how do you plead in front of the judge.

This article has been republished by Mann & Maximon Attorneys at Law leading criminal defense lawyers practicing in Boulder Colorado and serving all of Colorado including Broomfield, Denver, Englewood and the Front Range.

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Author: drmoolahrb

Josh Maximon practices criminal defense law in Boulder, Colorado serving the entire state including Broomfield, Denver, Englewood and the entire front range.

Call today for a free case evaluation. 303.991.2233

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.

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.

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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.

An individual involved in an auto accident and who experiences injury as a result can easily claim compensation for those injuries assuming that they were not at fault with regard to the accident. In those conditions, the sufferer can be permitted to claim settlement for virtually any damage to her / his car.

The compensation that can be claimed does depend to a large level around the actual injuries experienced nevertheless there are a few general principles that apply to almost all cases.

Any sufferer can easily claim for virtually any injuries that are caused by the car accident. Including any kind of professional medical and specialist costs which occur along with treatment costs. In the event the injury is severe enough to cause time off work, the victim may also claim for present and future income, although this of course depends on the degree of the injuries suffered and the timeframe they’re away from work.

In most instances the amount of compensation likely to be received depends on the steps undertaken in the first minutes and hours following the incident as well as in the days following it.

Motor vehicle collisions

Though car safety is improving all the time, automobile accidents remain probably the most frequent reason for people suffering personal injury. Around 70% of most injury claims are due to road accidents.

A large number of collisions take place as a result of negligence on the part of one of the drivers. They might have been on his or her mobile phone, traveling too fast, not been at a acceptable distance at the rear of the driver in front or just a general insufficient care taken while in control of a vehicle. When the other driver is at fault for the accident, and, ideally, they are covered by insurance, it is going to boost your probability of receiving compensation sooner rather than later.

There are various aspects which occasionally help to create a road traffic accident or can determine the degree of seriousness. Often a collision comes about through poor driving on the part of at least one of the motorists involved even though other elements for example poor state of roads, potholes etc as well as other factors such as poor visibility may play a part, if driver fault is a problem in any way, then an injured party are able to make a claim for personal injuries as well as other losses suffered as a result.

Forms of injury

These can fluctuate widely from very minor whiplash-type injuries which may only just be noticeable along with other soft tissue injuries to extremely serious head traumas and spinal traumas. Whiplash by itself can be very minor or more severe depending on the sort of impact as well as the location of the head at the moment.

The most frequent symptom of whiplash can be described as a painful sensation in the neck, though this may pass on down the arm and may even involve prickling and numbness. It is perhaps more common as a phrase these days because of the compulsory use of seatbelts since they are effective at protecting against serious injury though they certainly place more strain on the neck during the moment of impact.

Steps to take

Attempt to take down the other car’s make, model and registration number. Problems may appear if the other driver provides a fake address or other inaccurate details, so if possible our advice is to write down as many details of the other vehicle as you can. Problems associated with a different kind occur when the other driver isn’t covered by insurance.

If you are unlucky enough to be in an automobile accident with an uninsured motorist, it doesn’t immediately mean that you will end up being out of pocket, however the process is far from straightforward and it is quite complicated. The Motor Insurers Bureau was set up to be able to compensate drivers involved in incidents with uninsured drivers however it inevitably creates a extended and complicated procedure and also the innocent driver has to make a formal complaint to the police.

Also, at the particular scene, as well as writing down the model, make and registration number of the other vehicle in the accident. Try and be sure you have various other details such as for the other motorist, the names and addresses of any witnesses to the incident, in addition to info on the accident too. Thus details necessary are where the accident took place, what time of day it was, the condition of the road at the time etc. Also, if at all possible take any photographs, with a camera or even a mobile phone, in order to accurately demonstrate the accident scene.

In the event the car is in need of repair, contact your insurance provider who’ll inform you of a garage to get in contact with concerning the vehicle repairs. You will need to pay out the excess though when there is no dispute concerning the other driver being the cause of the incident, then your insurance company will compensate the excess. In the event the accident is your fault then it will unavoidably have an effect on your monthly premiums, your excess and your no-claims bonus.

Damages

Damages or injuries that can be anticipated to be obtained due to any sort of accident can be divided into two separate categories; general and special damages.

Special damages are those which can be easily kept a record of, they’re easily quantifiable. Loss of income fall into this group since the exact amount that a person obtains as a wage every month is well recorded. This group additionally covers such items as taxi cab costs back and forth from hospital, any special care that has needed to be paid for whilst recuperating at home and any clothing that have been ruined from the accident. For unique damages you should try to keep track of expenditures paid for which can be blamed on the accident and receipts need to be kept so that once the times comes, the unique damages may be calculated accurately.

Common damages are more difficult to quantify because these can not be precisely calculated. They have to be assessed and depend in certain parts on how the person rejuvinates from their injuries. An evaluation has to be made on such issues because the pain and suffering that have been experienced along with others for example loss of income, and the effects that the injury has had about the victim’s general way of life. To evaluate general damages the courts think it is necessary to look at previous cases to try to get some guidance in regards to what figure to award.

The Judicial Studies Board, which advises most judges throughout England and Wales issues rules for the assessment of general damages in car accident compensation.

Additionally, in those cases where there is a genuine risk with the victim developing a severe disease or that their condition will significantly deteriorate in the future due to the injuries sustained in the accident then the court provides solutions aside from the usual one-off payment. It can now look once again on the question of damages on 2 instances though this is a rarity and only applies in limited cases. Courts also now have a choice to award regular payments, though this is only likely to be a possibility in larger cases and particularly when the injured person is a minor. They are authorized in such instances as they possibly can provide a particular degree of earnings for the rest of the injured person’s life.

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This article has been republished by Mann & Maximon Attorneys at Law experts in Auto Accident Law and Litigation.  Stuart Mann and Josh Maximon practice in Boulder, CO and serve the Entire State of Colorado including Boulder, Broomfield, Denver and the Front Range.

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”.

Strategic advantages – in business or law – require good planning. Following our advice, our business clients enjoy a strategic and competitive advantage in any commercial dispute.

You have done everything you can to create Business contracts and agreements which have protected your best interests. When there is a dispute you can count on Stuart Mann and Josh Maximon to be your Business litigators. Winning is their nature.