Cyclist Shares Valuable Insight Following Collision

“Bikes for me bring unfettered joy and energy to my life. Over the last three months during my surgery and radiation treatment, if I can even only get out for 30 minutes I find myself renewed and optimistic. If I was a doctor I would write you a script to get out and ride every day.” — Jay

“Bikes for me bring unfettered joy and energy to my life. Over the last three months during my surgery and radiation treatment, if I can even only get out for 30 minutes I find myself renewed and optimistic. If I was a doctor I would write you a script to get out and ride every day.” — Jay

It has been more than two years since Jay Middleton was seriously injured in a collision while riding his bike in Morrison, CO, but he is still recovering from his injuries. Jay is dealing with chronic knee pain and recently received a three-week course of injections to treat the pain. Cyclists who have been injured in collisions often deal with the after effects of their injuries long after their case is settled, the driver is sentenced, or their medical treatment ends. If Jay wants to continue to lead a healthy, active, outdoor lifestyle, he will probably have to get injections the rest of his life.

Riding bikes has been a huge part of Jay’s life and identity for the last 25 years. He has raced on the road, mountain bikes, and cyclocross. He is an avid bikepacker, bike commuter, mountain biker, and has recently been using his bike to raise money for cancer and COVID research. This year, Jay was diagnosed with neck and oral cancer and continued to ride his bike throughout radiation treatment.

On July 13, 2018, Jay was traveling eastbound through downtown Morrison on his road bike. It was late morning, around 10:00 am, sunny, and there were blue skies. Jay was running both front and rear flashing lights on his bike and wearing a fluorescent yellow helmet. Nervous about riding too far to the right, Jay had taken the lane, as dooring is a risk by drivers who are parallel parked along that section of road. He was traveling at the same rate of traffic which was 20-25 mph.

A driver in a Honda CRV facing eastbound was leaving a parallel parking spot and made an illegal U-turn out of the parking spot. The driver’s U-turn cut Jay off causing him to collide with the front left side of the vehicle. Jay and his bike were catapulted over the hood of the car and into oncoming traffic in the left lane. 

Fortunately, the driver coming in the opposite direction was attentive and traveling at a safe speed. She was able to stop and avoided hitting Jay. She then called 911.

Paramedics tended to Jay at the scene. He had lacerations on his knees, hands, and elbows as well as bruising. An MRI later revealed that Jay had a torn meniscus in his right knee. He underwent several months of physical therapy for his knee before he and his orthopedist decided that surgery would be the best way to correct the damage. 

The Colorado State Patrol cited the driver, who admitted fault at the scene, with Failing to Yield Right-of-Way When Turning Left in Front of Approaching Traffic. Since this crash happened before May 29, 2019, it was not yet possible for law enforcement to cite the driver with Colorado Revised Statute 42-4-1402.5, which makes careless driving causing serious bodily injury to a vulnerable road user a class 1 traffic misdemeanor. Since the passing of the law in early 2019, we are slowly seeing law enforcement cite drivers with this traffic violation more often and district attorney offices elevating charges against drivers.  Find out here how to get a serious bodily injury charge filed. 

Jay does not feel that the outcome of the criminal case against the driver was just and fair. The driver had numerous traffic violations and got away with a slap on the wrist.  “Cars can be lethal weapons and using one comes with great responsibility.  When misused by drivers, they should be treated and punished as such,” says Jay.

Here’s what Jay wants every cyclist to know if involved in a crash. He actually made the list shortly after his collision of things he wish he had known:

  1. If possible get out of the flow of traffic. Nothing worse than getting hit by a car and then getting run over by one.

  2. Call the police.

  3. Take lots of photos (your bike, the car that hit you, license plate of the car that hit you).

  4. Do not admit fault.

  5. Get a copy of the police report, the driver’s insurance information, and the name and phone numbers of any witnesses.

  6. Get in touch with a lawyer to discuss your case. I live in the Denver area and reached out to Megan Hottman, aka The Cyclist Lawyer. Before COVID, she provided free monthly seminars for cyclists involved in collisions. Before she became my lawyer, that seminar alone armed me with information that allowed me to rightfully collect full value for my damaged property as well as alert me to several other rights I did not know I had.

  7. When claiming property damage, do not forget to include sales tax. That alone netted me several hundred extra dollars because I was on a pretty pricey bike.

  8. Seek medical treatment and document your injuries as well as all costs (e.g. medical, travel to and from the doctor, time taken off of work, etc.).

  9. Just because you feel better, does not mean you are. I did several months of physical therapy and thought I was good to go. Snowboard season, increased miles on the bike and excessive kneeling at work revealed that my right knee wasn’t healed. So the lesson is, do not sign anything from the auto insurance company until you are 100% sure you are done with your medical treatment. You have three years to settle your case, and this is where a lawyer may prove to be very helpful.

  10. Do not post anything about your wreck, your recovery, or anything that deals with your wreck on social media. Ask your friends and family to do the same. Social media content can be used in court. This means if you post something you cannot take it down, because that is just like destroying evidence.

  11. Report it to your auto insurance. You often can get reimbursed for some of your medical costs from your own auto insurance even if you are not at fault.

Jay was surprised how hard the driver’s insurance company was willing to work to avoid paying out damages for medical and pain and suffering. At the end of the day, they refused to negotiate in what he felt was a reasonable manner, even though the driver admitted fault. In the end, they paid out more than double what he had asked for on his own. “Megan was able to negotiate a much higher settlement. I think the insurance company was counting on me backing down,” explains Jay.

He was back riding after just a couple of days but with great trepidation. Every car that passed too fast or too close caused anxiety and anger to flare up.  Since the collision, Jay has invested in more brightly colored cycle clothing.  He still runs front and rear flashing lights on his bike. Jay actively participates in People for Bikes email writing campaigns and is a long-time member of the International Mountain Bicycling Association.

We hope that you are never injured in a crash or need to contact an attorney, but feel it is important to share the lessons that our clients have learned following their crash and during recovery. Hopefully, recent laws that provide more protection to vulnerable road users and stiffer penalties will cause motorists to drive more carefully around cyclists! 

-Written by Maureen

When is Enough, Enough?

Driving is a Privilege, Not a Right!

Eighteen driving convictions from 1991 to 2016 including speeding, careless driving, following too closely, driving too fast for conditions, failing to yield right-of-way, driving vehicle while ability impaired by alcohol/drugs, operating an uninsured motor vehicle on a public roadway as well as numerous convictions for driving an unsafe/defective vehicle or operating a vehicle with defective/missing headlamps (probably cited for a more serious violation and then a plea deal was reached).

Yet, this driver was still behind the wheel of a vehicle when he crashed into our client Drew Chambers on October 3, 2017. The officer issued him a citation for careless driving resulting in injury to which he pleaded guilty on January 30, 2018. 

It was early afternoon when Drew was returning home from a ride. He was riding eastbound in the bike lane at 26th Avenue in Lakewood, CO, when the driver of a Subaru Outback heading westbound collided with Drew while turning left. 

The front of the Subaru hit the rear wheel of Drew’s bike causing him to be thrown 10-15 feet into the street and bike lane. His head hit the pavement first. Drew rolled onto his back and remained stationary, as he was worried about a neck or back injury.

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The driver claimed that he did not see any oncoming traffic, but Drew was clearly visible as he was wearing a bright blue kit with green trim. He had the right of way and was not speeding. As Drew was approaching the driver head on, he could see the driver clearly not looking at him when he decided to turn.  Drew yelled, swerved, and tried to slow down but knew a crash was going to happen, and he was terrified. The entire collision was caught on a dashboard camera by a car that was stopped on Teller Street.

Drew had a number of cuts on his face and legs as well as a sore wrist. Following the crash, his wife drove him to the ER where doctors treated his cuts and took x-rays of his left hand.  The following week, Drew saw a specialist, and it was determined that there was a shattered bone in his hand which required a cast. Drew also had to have x-rays of his neck, shoulder, and spine done as well as an MRI of his left shoulder and spine following the ER visit. His neck had a compressed vertebrae, and he also had a partially torn quad as a result of the crash. 

Drew missed work due to medical appointments and a lot of physical therapy. Following the crash, he was not able to ride his bike, which he usually did at least five times a week, and he missed out on leading rides as an ambassador for a local cycling clothing and accessories company. Getting back on the bike was a mental challenge for Drew. He got back on a trainer quickly to prevent his quad injury from resulting in a loss of motion, but the first ride outside roughly five months later was a scary experience.

He wants people to remember that driving is a privilege, not a right. “Waiting an additional minute to pass a rider or make a turn will not end your life, be more respectful. No meeting or event is worth taking the risk of killing someone.” He encourages people to try to put themselves in the cyclist’s shoes, and if you have never cycled on the road, maybe give it a try to understand what it feels like to have cars brushing by and jumping turns. “If we try to understand each other a little better and what it feels like, there could be better respect on the road,” he says.

It does not matter if you are doing everything right, you can still get hit. Drew recommends always wearing a helmet and taking notes if something does happen to you, so you don’t miss anything. Finally, he firmly believes that it is very important to lean on your support network.

One thing that Drew wishes he had known before this happened is to carry more coverage for under and uninsured motorists. He learned that bike vs. vehicle collisions happen more often than you would expect and insurance companies will do everything that they possibly can to not pay out a claim.

What is Drew doing since the collision to make cycling safer for himself and other cyclists?  He works with a cycling group to bring more people into the sport and tries to share his experiences there and discuss best practices with riders.  He has a bell and lights on all his bikes (including his super-light climbing bikes) and talks to people about wearing helmets at all times. “Riding with a camera is a great opportunity, or just lights and bells. I also recommend that they not try to be as far to the right as possible but rather as visible as possible,” he says.

Drew also believes that stiffer punishments including loss of license for drivers that have infractions as well as a no tolerance repeat offender policy could help. 

In Colorado, the number of point accumulations according to the Department of Motor Vehicles Handbook for suspension for an adult are:

  • 12 points in any 12 consecutive months

  • 18 points in any 24 consecutive months

Some of the reasons your driving privilege may be suspended, revoked, or cancelled include: 

  • Meeting or exceeding the minimum point accumulation for suspension.

  • Being convicted of driving while under the influence of alcohol or drugs.

  • Being convicted of failing to report a crash or leaving the scene without stopping, exchanging information, and rendering aid.

  • Failing to pay a traffic fine from Colorado or any other state.

  • Failing to provide valid evidence of insurance when requested by a law enforcement officer.

  • Being convicted of manslaughter as a result of a motor vehicle crash.

A new Colorado law (SB19-175 - Serious Bodily Injury (SBI) Vulnerable Road User Penalties) passed on May 29, 2019, allows the court to require a convicted driver:

  • To attend a driver improvement course.

  • To perform useful public service.

  • To pay restitution.


The law also empowers judges to assess the driver 12 points which will cause them to lose their license with the DMV. In order for this law to now protect cyclists and hold motorists accountable, we need more DAs and city attorneys to hold fast to the original charges and to stop negotiating careless driving causing SBI cases down to meaningless “defective headlamp” guilty pleas.  We are also asking law enforcement officers to cite careless driving causing SBI.

In the case of this driver, Jefferson County Judge Mark Randall sentenced him to 40 hours of community service, assessed four points to his license, and ordered him to pay a $100 traffic fine. Costs and fines totalled $315.00. Judge Randall suspended a 365-day jail sentence on the condition that the driver complete his community service within 180 days and not be cited for a charge of careless driving or above for one year.

Drew feels that the sentence was fair since the driver did not intend to hit him, and Drew believes he was truly sorry. That said, Drew says it was sad to hear how often incidents like this happen and he is surprised by the lasting impacts of the event.  For example, he will almost never ride past the street where the collision happened. He watches the film of the collision and thinks about it often when he needs to remember how fragile things can be. He still has neck issues every now and then. “It’s amazing to me how little drivers seem to take all of this into account when out on the road. The number of close calls that happen to riders like myself, who cycle daily and are putting in a lot of mileage, are almost daily. We need to cultivate a culture of better respect for riders here,” says Drew.

We come back to our original question. When is enough, enough? How many driving convictions is too many? Eighteen, now 19, including this latest case, driving convictions for this driver. Perhaps, the courts should take this into consideration the next time he is convicted?

Jefferson County Taking A Tough Stand Against Drivers Who Injure Cyclists

A collaborative blog by Hottman Law Office, Steven Lykens and the Jefferson County DA’s office

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Steven Lykens—husband, engineer, competitive cyclist—made a point of attending and speaking at the sentencing hearing of a driver who caused him serious bodily injury.  He wanted to emphasize to the court, the district attorney’s office, and to the driver that the outcome of the case mattered to him and to the cycling community as a whole. 

On May 16, 2019, Steven addressed Jefferson County Court Judge Mark Randall and asked him to order 200 hours of community service as part of the driver’s sentencing. Considering the time that he spent in the hospital, at appointments with doctors, as well as time spent working to heal his injuries, Steven felt 200 hours was fair.

The driver, Miranda Lewin, was sentenced to 120 hours of community service to be completed in 120 days on the charge of careless driving. Her public defender argued for fewer hours, but Judge Randall did not back down. In fact, he told Lewin she is a terrible driver based on her previous (and subsequent) traffic convictions and warned her that she would be back in court if she did not serve her community service. Judge Randall reminded Lewin that drivers have a responsibility to their community, including cyclists. 

Lewin, who was 20 years old at the time of the collision with Steven, was previously convicted of driving a vehicle while impaired by alcohol/drugs in 2016, careless driving, and operating a motor vehicle as a minor driver with an unauthorized passenger in 2014. Her driver's license was revoked in 2016 due to the alcohol offense, but it had been reinstated prior to this collision.

On the morning of September 2, 2018, Steven was riding in a bike lane in Lakewood when Lewin turned right, directly in front of him, into a 7-11 parking lot. Steven collided with Lewin’s vehicle and was thrown from his bicycle, landing in the 7-11 parking lot. He was unable to move and yelled for someone to call 911. Lewin remained at the scene and was later cited by Lakewood Police for careless driving causing bodily injury. Steven considers himself “lucky” that he went over the hood of the vehicle instead of under it or into oncoming traffic.

He was transported by ambulance to St. Anthony’s Hospital with lacerations to his right ankle and right elbow, road rash, and an abrasion to his right cheek. Officer Barefoot of the Lakewood Police Department, who responded to the scene, was advised by the emergency room doctor that Steven had sustained a lumbar spine fracture.

As a result, Steven was in a back brace for eight weeks. He now suffers from permanent scoliosis from two fractured vertebrae and is one inch shorter than before the crash. His life and physical body are forever altered, and he is in constant pain. The collision has altered his mental state as well. Driving and cycling are still difficult for him, and he is worried it could happen again. 

During the sentencing hearing, Steven also thanked the Lakewood Police Department, the Jefferson County DA, and the court for holding drivers accountable when cyclists are injured. Often cases involving bodily injury are pled down to minor infractions, leaving victims to feel doubly wronged. 

The Jefferson County DA’s office did a fantastic job handling this case. Jefferson County DA Pete Weir wants the driving public to recognize their obligation to share the road with cyclists.

We take these cases of careless driving with injury involving cyclists very seriously and treat the victims with the same respect and dignity we treat victims who are covered under Colorado’s Victims’ Rights Amendment (VRA) which protects the rights of victims in violent crimes. Often these injuries are life-changing for victims and their families, and we do everything we can to help them through the criminal justice process.
— - Pete Weir, Jefferson County DA

In Jefferson County, careless driving/cycling cases causing serious bodily injury are generally treated as VRA cases by the DA’s office, thereby involving the victims throughout the process. Deputy DA Kate Rhodes, who handled this case, believes that the appropriate outcome was reached, and justice was served. 

Steven shown with Deputy DA Kate Rhodes (L), Megan Hottman, and Tracy Drake (R)

Steven shown with Deputy DA Kate Rhodes (L), Megan Hottman, and Tracy Drake (R)

My goal for this case was to get the defendant to realize the impact she has had on Mr. Lykens’ life and the gravity of his injuries. Mr. Lykens showed incredible patience and professionalism throughout the process.
— Deputy DA Kate Rhodes

A newly passed law, sponsored by Senator Mike Foote of Boulder and Representative Dylan Roberts of Eagle and Routt Counties, is aimed at making Colorado’s roadways safer for vulnerable road users (VRU), including cyclists, pedestrians, construction workers, scooter riders, and peace officers. Governor Jared Polis signed SB 19-175 into law on May 29, 2019. 

Careless driving that leads to seriously injuring a VRU is now a class 1 traffic misdemeanor. Convicted drivers could face restitution and a one-year suspension of their license. Courts could require drivers to attend a driver improvement course and perform community service.

Many of Steven’s friends have been injured while riding their bikes due to the neglect of a driver of a motor vehicle. He hopes that someday cyclists can ride safely on public roads without having to worry about being injured by a driver. 

Given the nature and extent of our clients’ injuries, I have always advocated to District Attorneys and City Attorneys that the FULL “careless driving causing SBI” charge needs to stick. NO plea deals, not when the injuries are so serious. Careless causing SBI is only a 4-point violation, with minimal fines. We need the FULL Charge in order to ask the Judge for serious community service hours, restitution, (and now with SB 19-175, for the driver’s license, as well). My request to all DAs and CAs we encounter: Be like Jeffco and Boulder DAs. Treat these cases as VRA cases and please, stop offering plea bargains.
— Megan Hottman, The Cyclist Lawyer

Please remember to be cautious around cyclists, or any vulnerable road user, and look for cyclists before turning—whether they are riding in a bike lane or not! 

To read more about the Jeffco DA’s office, click here.

To read more about Judge Randall, click here.