Denver Motorcycle Accident Lawyers
Denver Motorcycle Accident Attorneys
Riding a motorcycle is freeing and exciting, but it can also be a dangerous activity if other drivers aren’t being safe on the road.
Whether you always ride a bike, or are riding just for Riding Season in Colorado, it’s important to protect your rights if you’re ever involved in a motorcycle accident.
According to the Rocky Mountain Insurance Information Association, nearly 5,000 motorcycle riders are killed on Colorado roads each year. Every day, on busy city roads and narrow rural highways, there are accidents involving motorcyclists. These are serious collisions that leave the rider vulnerable to serious injury, including death. Too often, insurance companies make these claims more complicated and stressful on the rider and their family members — doing everything they can to dissuade you from fighting for your rights and the compensation you deserve.
The Lamber Goodnow injury law team, working with our partner firms throughout Colorado include not just aggressive personal injury attorneys, but also avid motorcyclists who are prepared to fight for you after a bike crash. We have experience negotiating with insurance companies — as well as winning against them at trial — and are well versed in the nuances of motorcycle accidents.
“As a seasoned motorcycle accident attorney in Denver, Colorado, I’ve witnessed directly the deep trauma these accidents impose on victims and their loved ones. Our firm stands firm in our resolve to champion the rights of these victims, obtain the justice they rightfully deserve, and promote stronger safety precautions in the motorcycle community to avoid additional tragedies on Denver’s roads.”
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Experience that Counts
As you search for legal assistance, you need more than just a seasoned lawyer. You merit a legal team with in-depth, specific knowledge in the realm of large truck accidents. Our Denver-based team, along with our partner firms, is acutely aware of the life-changing repercussions that spring from such incidents, and we’re ready to fight for the financial compensation you’re rightfully due. The prosecution of your claim can materialize in four potential ways:
- Court trial verdict
- Arbitration proceedings
- Settlement negotiations
- Mediation sessions
The approach that aligns best with your needs will depend on the nuances of your case. We place great importance on comprehending your circumstances, devoting substantial time to listening to every detail. This empowers us to devise the most effective legal strategy to uphold your interests.
Why You Need to Hire a Colorado Motorcycle Accident Lawyer
If you’ve been in a crash on your bike, you’re probably dealing more with road rash and some sore limbs. Fractures, concussions, internal injuries and organ damage are common results of motorcycle crashes. Hospitalization, reconstructive surgery and extensive rehabilitation can take weeks and even months from someone’s life, and can rob someone of the freedom they felt when riding a bike.
When we investigate your crash, we’ll look into potential issues and scenarios such as:
- The manufacturing of your bike and any recalls associated with it
- Behavior by the other driver, including sudden braking, tailgating or lane-changing without warning
- Driving history of the other driver
- Red-light cameras or other traffic cameras that could provide information
- Road conditions in the area, including maintenance history
Too often, the liable party and their insurance company will try to shift the blame to the motorcyclist — and that’s why you need an aggressive attorney. We’ll help establish liability and prove that you weren’t at fault. We’ll investigate the accident, including reviewing the scene, the police report, witness statements and more. We’ll also have medical experts review your medical records so we can understand your short- and long-term prognosis.
And we’ll make sure the insurance companies pay you what you deserve for your pain and suffering.
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FAQs: Motorcycle Accidents
Being involved in a motorcycle accident in Denver, Colorado can be both overwhelming and confusing.
The following questions and answers may help you gain a better understanding of what to do after a motorcycle accident.
Q: Is there a time period in which I must file a lawsuit for my motorcycle injuries?
A: Yes, in Colorado there is a statute of limitations on personal injuries that is three years. This means that the plaintiff (injured party) has three years from the date of the accident in which to file a claim against the at-fault party for their injuries or property damage. Col. Rev. Stat. 13-80-101(n). If they do not file the claim within three years of the accident they will be forever barred from doing so. If the plaintiff is a minor (under the age of 18) they have three years from the time they reach 18 to file a claim for the injuries they sustained in an accident.[1]
Q: If I drive a motorcycle in Colorado do I have to have insurance?
A: All drivers in Colorado must carry liability coverage insurance this includes motorcycle drivers. People that drive motorcycles must carry a minimum of $25,000 per person for injury or death, $50,000 for injury or death of two or more people, and $15,000 for property damage of another, for any one accident.[2] A motorcycle driver that fails to comply with the minimum coverage requirements faces conviction of a misdemeanor, which requires payment of a fine and community service, as well as suspension of the individual’s driver’s license.[3]
It is highly recommended that motorcycle drivers additionally carry uninsured/underinsured coverage. Although this coverage is not mandatory in Colorado, insurance companies must offer it and the insured must decline such coverage in writing.[4] Uninsured/underinsured coverage will cover you, or your passenger, if you are involved in an accident with someone that does not have insurance or does not have enough insurance to cover your injury damages.
Q: Is it mandatory to wear a helmet when I drive my motorcycle?
A: Many states have enacted mandatory helmet use laws for motorcycle riders and their passengers; however, Colorado does not have a law requiring a motorcycle rider or passengers. Although, if a motorcycle driver or passenger is under the age of 18 they are required to wear a Department of Transportation approved helmet.[5]
Q: Do I have to wear eyeglasses if I ride a motorcycle?
A: In Colorado any person operating a motorcycle on any public highway, unless the person is a passenger, must wear goggles or eyeglasses with lenses made of safety glass or plastic.[6]
Q: If I am injured in a motorcycle accident, what type of damages may I receive?
A: When a plaintiff is injured in a motorcycle accident there are many types of damages they may receive. The plaintiff may recover past and future medical expenses,[7] past[8] and l future lost wages[9] and profits,[10] if you are a business owner.
Additionally you may recover pain and suffering,[11] loss of enjoyment of life,[12] emotional distress[13] (if in the zone of danger[14]), physical impairment,[15] and loss of consortium.[16] Loss of consortium may be recovered by a spouse that is has lost the companionship of their partner spouse. Moreover, a plaintiff may claim punitive damages in Colorado in cases where the acts were willful-and-wanton.[17]
Q: I was unable to work for months following my motorcycle accident; may I recover my lost wages?
A: Yes, in Colorado a plaintiff may recover past and future lost wages when they have been injured in a motorcycle accident. Past wages includes wages that would have been paid to the plaintiff from the time of the accident until the trial. Future wages include any wages that the plaintiff would have been paid after the trial but is still unable to perform their job duties.
A plaintiff may be unable to return to work because they are in the hospital recovering, at physical therapy, have broken bones that prevent them from completing their work duties, or have mental or physical pain that makes it impossible to work. It is important that if you have been injured and are unable to work to contact a knowledgeable Lamber Goodnow personal injury attorney to help you navigate your unique situation.
Q: I was in an accident when a car turned left in front of me, is this my fault?
A: No. If you were on a motorcycle driving straight and a car turned left in front of you they will almost always be liable (at fault). However, if you were going over the speed limit or ran a red light you may be found partially or fully liable.
Q: What are the most frequent causes of motorcycle accidents?
A: The most frequent causes of motorcycle accidents are motorcyclist error and motor vehicle law violations. Examples of motorcyclist error include distraction from loud music, cell phones, texting, driver inexperience, reflex delay, intoxication, road rage and driver fatigue. Examples of motor vehicle violations include speeding, illegal lane change, distraction from cell phones and texting, failure to yield the right of way, and failure to heed traffic signals.
Q: What should I do if I sustained injuries from a hit and run motorcycle accident or the driver was uninsured/underinsured?
A: A hit and run accident occurs when a motorcycle and a motor vehicle are involving in an accident and the motor vehicle driver flees the scene. It is important to try and get the license plate of the driver that leaves the scene, as they may be liable for your injuries. Witnesses may be key in order to get a description of the license plate, the driver, or the vehicle. Contacting the police is important so that they may help track down the driver and create an accident report.
In ideal situations the hit and run driver will be apprehended and brought to justice. Unfortunately, this does not always occur. Although Colorado does not make it mandatory, uninsured motorist insurance will provide a safety net to a motorcyclist in case a uninsured/underinsured hits them and flees the scene.
Q: How much will an attorney charge me to handle my motorcycle case?
A: The Lamber Goodnow injury law team does not charge a fee for the initial consultation or to review facts that surround your case. We assist clients on a contingency fee basis, which means our lawyers only get paid when we secure a favorable settlement or verdict. However, this does not include court-filing fees, costs related to deposing a witness, or medical records. Contact one of our experienced personal injury attorneys to schedule a consultation so that we may evaluate your specific case.
Colorado Motorcycle Accident Stats From 2022
Motorcycle Fatalities
149
Percentage of Colorado Total Traffic Fatalities
20%
Percentage of Colorado Vehicle Registrations
3%
Data from CDOT – CDOT Motorcycle Safety – 2022
Motorcycle Accident Stats in Colorado
A concerning trend has emerged in recent years, particularly regarding the rise in motorcycle fatalities.
In 2022, a total of 149 motorcyclists tragically lost their lives on Colorado roads. This figure accounts for an alarming 20% of the state’s total traffic fatalities, a disproportionate number when one considers that motorcycles only constitute 3% of the state’s vehicle registrations. The numbers underline the urgency for more robust measures to bolster safety for motorcyclists.
A review of data from the past decade reveals a somewhat troubling trajectory. According to the National Highway Traffic Safety Administration (NHTSA), the number of motorcycle fatalities has been on an upward trend since the early 2000s, with fatalities varying annually but increasing overall. The lowest number recorded in recent history was 70 in 2003, whereas 2022 marked a grim high of 149.
Of the 149 motorcycle fatalities in Colorado during 2022, 75 involved riders who were not wearing helmets. A striking statistic, it sheds light on the contentious topic of helmet use. Colorado law requires only riders under 18 years of age to wear helmets, but the CDOT is keen on emphasizing the protective benefits of helmet use to all riders. The use of Department of Transportation (DOT)-compliant helmets can greatly enhance safety during rides.
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Accident Laws Pertaining to Motorcycles
In Denver, Colorado, a series of laws regulate motorcycle operations, designed to ensure safety on the roads for both motorcyclists and other road users. Understanding these laws can be vital for any motorcyclist, and awareness can play a significant role in reducing accidents.
Helmet Law: Colorado law does not require motorcycle riders and passengers over 18 to wear helmets. However, all riders and passengers, irrespective of age, must wear protective eyewear, unless the motorcycle is equipped with a transparent windshield1.
Lane-Splitting Law: Lane-splitting, a practice where a motorcyclist rides between two lanes of slow-moving or stopped cars, is not legal in Colorado1.
License Endorsements: Motorcycle riders must obtain an ‘M’ endorsement on their regular license. The process involves a written test, an on-bike skills test, and proof of completion of a Motorcycle Operator Skills Training course2.
Knowing these laws is not only essential for motorcyclists but can be valuable information in the event of a motorcycle accident claim.
Motorcycle Insurance Information
In Denver, motorcyclists are required to carry liability insurance to help cover costs if they are at fault in an accident3. The state of Colorado has established minimum liability coverage amounts:
- $25,000 per person for bodily injury.
- $50,000 per accident for bodily injury.
- $15,000 per accident for property damage3.
It is advisable to consider additional coverage options such as collision coverage, comprehensive coverage, medical payments coverage, and uninsured/underinsured motorist coverage. Each policy will provide different levels of protection and can be critical if an accident occurs.
Common Causes of Motorcycle Accidents
Motorcycle accidents in Colorado can occur due to a variety of factors. Here are some of the most common causes, with an emphasis on the unique role that Colorado’s weather can play in these incidents.
Speeding and Reckless Driving
Speeding and reckless driving are universal causes of accidents. High speeds can limit a rider’s reaction time, particularly in Colorado’s often challenging weather conditions.
Distracted Driving
This can be on the part of either the motorcyclist or another driver. Inattention can be especially dangerous during Colorado’s winter months when road conditions demand full attention.
Impaired Driving
Operating a motorcycle under the influence of alcohol or drugs is a significant cause of accidents, and can be particularly perilous when coupled with slippery or icy road conditions.
Inexperienced Riders
Motorcycling in Colorado demands a high level of skill, given the state’s variable weather and often mountainous terrain. Inexperienced riders might struggle with these conditions, leading to accidents.
Left-Turn Accidents
This type of accident occurs when a car turns left in front of an oncoming motorcycle. The likelihood of such accidents can increase in winter months, as other drivers may struggle to see motorcycles against the backdrop of snowy or icy conditions.
Adverse Weather Conditions
Colorado’s weather is notably variable, with conditions ranging from bright and sunny to heavy snowfall. Slippery conditions, decreased visibility, or unexpected changes in the weather can all contribute to accidents.
Vehicle Blind Spots
Given their smaller size, motorcycles can easily fall into the blind spots of other vehicles. This issue can be exacerbated in adverse weather conditions, when visibility is generally reduced.
Understanding these common causes of motorcycle accidents in Colorado can help riders to take precautions and stay safe on the road, whatever the weather may bring.
[1] Colorado Motorcycle Laws: https://www.codot.gov/safety/motorcycle/motorcycle-laws
[2] Colorado Department of Motor Vehicles: https://dmv.colorado.gov/motorcycle-endorsement
[3] Colorado Insurance Requirements: https://www.colorado.gov/pacific/dora/node/102466
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Denver, CO 80203