Colorado Springs Motorcycle Accident LawyersPrint Page
Riding a motorcycle can be a fun pastime and a practical way to commute, but riding a motorcycle can also be very dangerous. The NHTSA reports that motorcycle riders are 30 times more likely to die in an accident than motorists in passenger cars. If you or a loved one was injured in a motorcycle accident, it is important to understand the rights you have under Colorado law. The experienced Colorado Springs motorcycle accident lawyers at Levine Law can help you to make a case and recover damages. Contact us by phone or via our online form to learn more about how we can help with your motorcycle injury claim.
How is Fault Determined in a Colorado Motorcycle Accident?
Colorado is a “modified comparative fault” state, which means that you can recover against any party that bears more responsibility for the accident than you do (in other words, if your fault for the accident is determined to be 50% or less). In addition, your financial recovery will be reduced in proportion to your contribution of fault. For example, if a jury determines that you are 49% at fault and your damages are $100,000, your judgment will be for $51,000.
Because determining fault is not a precise calculation, the ultimate decision as to fault will depend on your ability to negotiate with an insurance claim adjuster or to convince a judge or jury. It is critical to work with knowledgeable and experienced Colorado Springs motorcycle accident lawyers who can help you recover the maximum damages to which you are entitled.
What Damages Will Colorado Springs Motorcycle Accident Lawyers Try to Earn for Me?
Damages in a motorcycle accident case are similar to damages in other personal injury cases. You may be entitled to financial recovery to compensate you for your costs and other losses including medical expenses; lost wages; loss of future earning capacity; pain and suffering; emotional distress; and damage to your motorcycle and other property.
Many motorcycle owners invest in customizing their vehicles with aftermarket parts, and our motorcycle accident attorneys take these expenses into account in calculating any property damages you may be owed. We also account for the diminished resale value of the motorcycle following an accident.
Motorcycle Accident Injuries in Colorado Accidents
Motorcycles provide almost no protection upon impact with another vehicle. Not only does your body absorb the full impact of the crash, but you may also be thrown from your bike and strike your head on the road. The limited protection that you have in a car wreck means that serious injuries, including brain damage, spinal cord damage and death, are common.
Unfortunately, tragic motorcycle injuries often result from accidents caused by the negligence of another driver. Many drivers do not know how to safely share the road with motorcycles. Drivers may also fail to give motorcyclists the respect that they deserve on the roads. Drivers often cause a motorcycle accident by:
- Failing to yield the right-of-way;
- Changing lanes without looking in their blind spots to see a motorcycle rider;
- Tailgating or following too closely behind a motorcyclist;
- Underestimating the speed of a motorcycle rider and cutting the rider off;
- Driving while intoxicated, distracted or drowsy.
In these and other situations, drivers of passenger cars endanger the health and lives of motorcyclists by making poor or dangerous driving decisions. When a motorist makes these choices and is unreasonably careless or breaks road safety rules, that motorist becomes responsible for compensating the accident victims for any injuries they incur.
Our Colorado Springs Motorcycle Accident Lawyers Can Help
Although Colorado law indicates that the driver who causes your motorcycle accident should compensate you for your financial and non-economic losses, you must be proactive in protecting your rights under the law. It is up to you to file an injury claim and the obligation falls on you to protect yourself during settlement negotiations or court proceedings.
Proving that the other driver was to blame can be a complicated proposition. Often victims struggle to prove the extent of their damages. Fortunately, you don’t have to handle these issues on your own. An experienced Colorado Springs accident lawyer at Levine Law can take action on your behalf, representing you and taking care of every aspect of your motorcycle accident case from start to finish.
Frequently Asked Questions (FAQs)
What should I do with my motorcycle after an accident?
Your motorcycle will be a key piece of evidence in any claim, so you should make every effort to preserve its condition immediately following an accident. Do not dispose of your motorcycle or take it in for repairs until you have consulted with Colorado Springs motorcycle accident lawyers.
How are motorcycle accidents different from other vehicular accidents?
Just as motorcycles are different from cars, accidents involving motorcycles are different from accidents involving other types of vehicles. Our Colorado Springs motorcycle accident lawyers have experience with the unique aspects of motorcycle claims, including:
- Blind spots. Many motorcycle accidents occur when drivers fail to see a motorcyclist in their blind spot when changing lanes. Although motorcycles are smaller and therefore more difficult to detect than other cars or trucks, this is not a valid defense to an injury claim. It is the driver’s responsibility to be aware of his or her surroundings.
- Maneuverability and stopping distance. Insurance adjusters, jurors and judges may not appreciate the differences between motorcycles and cars in terms of maneuverability and stopping distance requirements. Our attorneys have experience conveying these concepts to decision-makers clearly and effectively.
- Helmet laws. In Colorado, motorcyclists over the age of 18 can legally ride without a helmet, although Colorado does require both operators and riders to wear goggles or eyeglasses with safety lenses. If you were injured while not wearing a helmet, you can still file a claim and recover damages, but the amount of damages you can recover may be impacted. Our attorneys understand that it is important to proactively address this issue, particularly in cases involving head injuries.
- Protective clothing. Whether or not you were wearing protective clothing or other protective equipment will also affect your claim. Our attorneys are prepared to counter accusations that you contributed to your own injuries, to help you recover the maximum possible damages.