Bike and Scooter Crashes On and Around the Cherry Creek Trail

The Cherry Creek Trail runs below street level along the creek, then climbs to cross or meet busy roads. Most riders feel safe in the channel. The trouble starts at the ramps, the street crossings and the stretches of Speer Boulevard and First Avenue where riders mix with cars. When a crash happens there, Colorado’s bike laws and the type of collision decide the claim.

What does the three-foot rule require?

Section 42-4-1003(1)(b) says the driver of a motor vehicle overtaking a bicyclist in the same direction must allow at least a three-foot separation between the right side of the vehicle, including mirrors and other projections, and the left side of the bicyclist at all times. Section C.R.S. 42-4-1004 applies the same buffer on a one-way street when the rider is on the left. And C.R.S. 42-4-1002 forbids passing a cyclist in the same lane with oncoming traffic unless the driver can give oncoming cars half the road and still keep three feet from the rider. A violation is a class A traffic infraction.

A sideswipe on First Avenue or a mirror strike on Speer is usually a three-foot case. Photos of the vehicle’s passenger-side mirror and the rider’s left side can show how close the pass was.

Where may a cyclist ride on the street?

Under 42-4-1412(5), a rider going slower than traffic rides in the right-hand lane, as far right as the rider judges safe, if the lane is wide enough to share. A rider may leave that position to prepare for a left turn, to pass a slower vehicle or to avoid hazards. The statute says a cyclist is not expected to ride over or through hazards at the road edge, including parked cars, debris and narrow lanes, or to ride without a reasonable safety margin on the right. That language answers the common claim that a rider “should have been closer to the curb.”

Under 42-4-1412(6), riders may not ride more than two abreast except on paths set aside for bikes, and riders two abreast may not impede normal traffic.

How does the safety stop work?

Colorado made the safety stop statewide. Under 42-4-1412.5, a person 15 or older, or younger and with an adult, riding a low-speed conveyance such as a bicycle or e-scooter may approach a stop sign at a reasonable speed, ten miles per hour or less unless a local ordinance and posted sign allow up to twenty, yield to traffic and pedestrians and proceed without a full stop if a stop is not needed for safety. At a red light the rider must stop and yield, and may then go straight or turn right, but not if an oncoming vehicle is turning or preparing to turn left. A left on red is allowed only onto a one-way street, after stopping and yielding.

The safety stop is a defense to a ticket, not a license to dart out. A driver’s insurer will argue that a rider rolling a stop sign failed to yield. Whether the rider slowed, looked and yielded becomes the key fact, so witness accounts and video matter.

Which deadline applies?

When a car, truck or other motor vehicle hits a rider, the claim arises from the use or operation of a motor vehicle, and the three-year period in C.R.S. 13-80-101 applies. When two cyclists collide on the trail, or a scooter rider hits a walker, no motor vehicle is involved, and the general two-year period in C.R.S. 13-80-102 is the safer reading. When a Denver truck or a crumbling path edge played a part, the 182-day notice under C.R.S. 24-10-109 applies. Our public entity guide covers that notice.

Who pays a cyclist’s medical bills?

This surprises riders. Your own auto policy’s MedPay and UM coverage often protect you as a cyclist or pedestrian struck by a motor vehicle, depending on the policy wording. Check your declarations page even if you were on a bike when hit. If the driver fled, UM coverage may be the main path to recovery. Health insurance covers the rest, subject to repayment rules in the medical bills guide.

How is fault argued in bike cases?

Colorado bars recovery when the rider’s fault equals or exceeds the driver’s, under C.R.S. 13-21-111. Defense themes repeat.

• The rider lacked a front lamp or rear reflector after dark, which section 42-4-221 requires
• The rider was on a sidewalk or crossing where a driver could not expect a fast rider
• The rider rolled a stop sign without yielding
• The rider wore dark clothing or headphones

The first three can be legal fault arguments. The last is usually just atmosphere. Evidence that answers each one, such as a photo of the bike’s lights, a timestamped ride app file or helmet camera video, is worth saving the same day.

What about e-bikes and e-scooters?

Section 42-4-1412 extends the same rights and duties to electrical assisted bicycles and electric scooters. Denver and other cities may add local rules about where these can be ridden, as the statute contemplates in subsection (1). A rented scooter brings in the rental company’s terms of service, which often contain an arbitration clause and limits that a rider agreed to by tapping through the app.

How it plays out on a Denver claim

A rider leaves the trail at the University Boulevard ramp and turns east on a neighborhood street. A delivery van passes close, its mirror catching her handlebar, and she falls. The van stops. She has road rash and a broken wrist. The van driver says she swerved. Her bike computer shows a steady line and speed, and a homeowner’s camera catches the van’s mirror less than a foot from her elbow. The three-foot rule supplies the standard of care, and her claim against the van owner runs on the three-year clock, with the company’s direct negligence claims preserved under C.R.S. 13-21-111.5.

Checklist

• Photograph the bike, the car’s mirror and any paint transfer before anything is moved.
• Save ride app files and any camera footage the same day.
• Ask nearby homes and businesses for video quickly, before it is overwritten.
• Check your auto policy for MedPay and UM even though you were on a bike.
• Note whether a city vehicle or pavement defect played a role, and mark 182 days.
• Keep the bike and helmet unrepaired until the claim is resolved.