The majority of motorcycle accidents result in serious injury or death. It is very important to contact an experienced Denver motorcycle accident lawyer after your accident if you were injured or lost a loved one due to the negligence of another driver. You need someone who understands the law and can help you get back on your feet after such an event.
We know how difficult it can be to find the right lawyer when looking for legal representation following a motorcycle crash or injury due to another person's negligence on their bike. We are here to help you hold the responsible party accountable. We offer free consultations with our attorneys so that they can answer all your questions and provide you with advice about what steps to take next. Call our personal injury firm today at 720-770-5454!
What Are the Most Common Causes of Motorcycle Accidents?
The majority of motorcycle accidents are caused by the negligence of the other drivers on the road. Common scenarios where a negligent driver causes an accident include:
Vehicles Making Left Turns
Left-turning vehicles pose a serious risk for motorcycles because of their size and visibility issues. In fact, 42% of all motorcycle accidents involve another vehicle turning left in front of the rider. These collisions happen when the car tries to pass the motorcycle or overtake it while going straight through an intersection.
Head-on Collisions
Head-on collisions between motorcycles and other vehicles make up 56% of all motorcycle deaths. 78% of these head-on collisions prove to be fatal for the person on the motorcycle. These types of crashes often happen at high speeds, which means that the driver's chance of severe injury or death increases dramatically.
Lane Splitting
Lane splitting is when a motorcycle drives between two lanes of cars, typically during a traffic jam. It can easily cause an accident because the motorcycle is so close to the other vehicles on the road, and the cars don't expect it. Lane splitting is illegal in Colorado so typically fault will be placed on the motorcyclist.
Reckless Driving
Other common causes of motorcycle accidents are reckless driving like speeding, distracted driving, or drunk driving. These factors can cause the driver to lose control of their vehicle which leads to an accident.
Motorcycle-Specific Laws in Colorado
The state of Colorado has a number of motorcycle-specific traffic laws that are designed to keep both motorcyclists and other drivers safe. It's important to know these, not only for safety but if you are in an accident and are found in violation of one it can negatively affect your claim.
- The law requires all riders and passengers under the age of 18 to wear a helmet, those over 18 do not need one but it is recommended.
- Eye protection is required for all riders and passengers.
- Motorcycles must have footrests if a passenger is on board.
- Motorcyclists can share a lane with another motorcycle but cannot lane split.
Common Motorcycle Accident Injuries
It is recommended that motorcyclists wear protective gear. However, no matter how many preventative measures you take an accident can still result in injury. Motorcycle accidents have an extremely high rate of injuries, including:
Head Injuries
It is estimated that at least 50% of motorcycle accidents will result in a traumatic brain injury or death. Even if a person does not suffer from structural damage to the skull, they may still experience concussion symptoms such as memory loss and confusion. A headache after a motorcycle accident may be due to a concussion; however, there could be many other causes such as whiplash or brain trauma.
Knee and Leg Injuries
About one in every six motorcycle riders experience knee problems after an accident due to the extreme force these types of collisions apply to the leg muscles and ligaments near the knees.
The most common problem with this type of collision is patella tendon rupture which can lead to chronic pain and long term disability. In addition, many people who have had their kneecap dislocated say it feels like having a bad case of tennis elbow.
Pelvis fractures are also possible in these collisions because the force from an impact can cause your pelvis to twist sideways leading to damage to the pelvic bone as well as other soft tissues and ligaments surrounding it.
Broken Bones
A broken bone may not be immediately visible after a collision but could develop over time without proper treatment from healing correctly. These types of fractures are more common for people who have osteoporosis or other conditions that weaken their bones such as arthritis.
Neck and Spinal Cord Injuries
When a motorcycle's weight shifts in an accident, it can cause the neck to twist and bend which is known as whiplash or cervical strain.
Road Rash
Road rash is a skin abrasion that occurs when a rider makes contact with the ground during a crash. The severity of this type of injury can range from mild to serious and will require prompt medical attention, as it is highly susceptible to infection and permanent scarring.
What Should You do After a Motorcycle Accident?
No matter how careful you are on the road there are factors beyond your control. Anyone can find themselves in an accident and its important to know what to do after one to keep yourself safe and protect your legal rights if you are hurt by a negligent driver:
Check For Injuries and Make Sure You Are Safe
The first thing you need to do is assess your surroundings and current situation. If it is possible you need to remove yourself from the roadway and ensure you are safe. Keep any protective gear you are wearing on during this time.
Call Emergency Services
Once this has been done, call 911 or emergency services for assistance. They may ask questions about how fast you were going when the crash occurred, where it happened, who was driving and any injuries sustained by either party involved in the collision.
Collect Evidence
Gather evidence at the scene of the accident. Take pictures, write down notes, and obtain a copy of the police report if one was filed by law enforcement officers on the scene. Speak with other drivers involved in the crash about exchanging insurance information and contact information so that you can stay up-to-date on their progress as well as your own case.
Get Medical Treatment
Motorcycle accident victims may not realize how badly they are injured right away and symptoms can take days or weeks to appear. Broken bones and serious internal damage are common for those on motorcycles during an accident, but adrenaline is high after these incidents so they may go unnoticed. Make sure you go see your doctor as soon as possible after any type of motorcycle crash.
Contact an Attorney
After an accident, the insurance company will try to offer you the lowest amount possible for your settlement. An experienced motorcycle accident lawyer can help negotiate with them on your behalf and make sure that you get what you deserve. It is always best to consult with a lawyer before accepting any settlement from the insurance company. Your lawyer will usually speak on your behalf but regardless of who contacts them, be sure to contact them in a timely manner so they can work on your case while it's fresh in their mind.
What Types of Compensation Can Be Collected After a Motorcycle Accident?
Costs can add up quickly after an injury from a motor vehicle accident. Fortunately, the law protects the rights of all motorcyclists and provides protection for injuries sustained. You may be entitled to financial compensation for your damages if the other driver was negligent.
Economic compensatory damages are a form of compensation for the financial losses that result from an injury. There are many different types of economic compensatory damages. The most direct and obvious form of these damages is the payment of medical bills. To determine what is owed to you for medical care, you must itemize everything that went into helping you try to recover from the accident. Some of the more obvious economic damages include:
- Emergency response services
- Surgery
- Physical therapy
- Hospital stays
- Home health care
Non-Economic Damages can be difficult to quantify because they vary so much from person to person. The best way to determine how much money you may need for these types of compensation is by consulting with a Denver personal injury attorney who specializes in this area of law. Non-economic damages can cover things like pain and suffering and emotional distress.
How do You Prove Negligence After a Motorcycle Accident?
The plaintiff must prove that there was a duty of care owed by the defendant, that this duty of care was breached by the defendant, and that this breach caused injury to the plaintiff. It’s also necessary for plaintiffs who are seeking damages from defendants found liable for their injuries/damages to show they sustained monetary losses because of those injuries/damages. These losses could include medical expenses and lost wages due to time missed at work following an accident-related injury.
How Long do you Have to File a Motorcycle Accident Claim in Colorado?
The statute of limitations for car and motorcycle accidents in Colorado is three years. After this time has passed, you can no longer file a lawsuit for compensation. You should not delay if you plan on taking legal action for your injuries, if you wait anywhere from a few weeks to months before an attorney investigates the case and tries to gather evidence many critical details may already be gone.
How Can A Motorcycle Accident Attorney Help Me?
It’s not easy going through the legal process alone when there are insurance companies involved who have teams of aggressive lawyers standing by ready to settle their cases for cheap – which could leave you without what you deserve after being injured in a crash. Our legal team can help you with your claim from start to finish, making sure that you get fair compensation and the justice you deserve.
Motorcycle Accident Claims Process
The process of settling a personal injury claim can be complicated and time-consuming. It's important to know what to expect before starting your case so that you don't have any surprises along the way. The following are the general steps in most motorcycle accident claims:
Gather Evidence of Liability, Fault, Damages and Vehicle Condition
The more information you can get about the crash scene before talking to an insurance company representative, the better. It is recommended that you take photos at the scene immediately after any collision so they don't get lost or damaged. A police report may also be helpful when dealing with your claim as well. This takes time and care but it's worth it if it means getting what you're entitled to. Our lawyers can help gather evidence that will prove your damage and the other party's fault.
Your Claim is Filed
The process of filing a claim for damages is not always easy. But we’re here to help. We have the knowledge and experience necessary to take care of your needs, from start to finish. Let us handle all the hard work so you can focus on healing and getting back on your bike! We will ensure your claim is filed on time and the evidence we put together proves the other party's negligence.
Negotiate with Insurance Company to Settle Your Claim Out of Court or File a Lawsuit If Necessary
Our team will contact the insurance company and ask for their initial settlement offer. You might wait 20-30 days before receiving the first settlement offer from the insurance company. If this offer is not sufficient we will work on negotiating a more favorable offer. Negotiation may take several more weeks, which is why this process typically takes from 30 days to six weeks.
Insurance companies are not always eager to settle with you, and it's tempting just to take the money they offer. But if you are not happy with their settlement, we will file a lawsuit on your behalf. If there is enough evidence to support that the other driver was being reckless and caused the accident, then this should be an easy case for us.
How Much Will a Motorcycle Accident Lawyer Cost?
We want you to have the best chance of getting compensation for damages and injuries. That means we offer free consultations and no upfront fees so you don’t have any surprises when it comes time to pay.
Our lawyers have experience working on cases involving injuries from all types of accidents and they work on what’s known as a contingency fee basis. This means that if your lawyer is able to win you a fair settlement a percentage of what you win would be taken as their fee. But if we don’t win your case, there is no fee for us to take from you. This prevents any upfront costs and ensures that they always have your best interests at heart because we only get paid when you do!
Review Your Case With an Experienced Attorney Today
In order to file a successful motorcycle accident claim, you will need the help of an experienced Denver auto accident lawyer. It is important that you have someone on your side who can take care of all the paperwork and deadlines for filing your claim in court.
Our law firm has helped many victims of motorcycle accidents in Denver. In order to do that we need you to give us some information about what happened so that we can get started on your case. If you have been injured or affected by a wrongful death call us at 720-770-5454 to schedule your free initial consultation with a motorcycle accident lawyer today.