Denver Motorcycle Accident Lawyers
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.
Why You Need to Hire a 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.
You Have Motorcycle Accident Questions – We Have Answers:
Is there a time period in which I must file a lawsuit for my motorcycle injuries?
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.
If I drive a motorcycle in Colorado do I have to have insurance?
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. 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.
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. 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.
Is it mandatory to wear a helmet when I drive my motorcycle?
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.
Do I have to wear eyeglasses if I ride a motorcycle?
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.
If I am injured in a motorcycle accident, what type of damages may I receive?
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, past and l future lost wages and profits, if you are a business owner.
Additionally you may recover pain and suffering, loss of enjoyment of life, emotional distress (if in the zone of danger), physical impairment, and loss of consortium. 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.
I was unable to work for months following my motorcycle accident; may I recover my lost wages?
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.
I was in an accident when a car turned left in front of me, is this my fault?
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.
What are the most frequent causes of motorcycle accidents?
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.
What should I do if I sustained injuries from a hit and run motorcycle accident or the driver was uninsured/underinsured?
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.
How much will an attorney charge me to handle my motorcycle case?
The Lamber Goodnow injury law team, and our partner firms in Colorado do 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.
The Lamber Goodnow legal team works for our clients in a unique way. Not only is our process different, but so is our philosophy. When you call us at (303) 800-8888, you’ll be talking to a member of our intake team. That conversation is completely free of charge. It’s your opportunity to ask questions, tell your story and learn about your rights.
Then, if you decide to hire us, you’re also free from routine legal bills because of our No-Fee Promise. Through this, we promise to fund your entire case — that’s the investigation, hiring any experts, and more — and we won’t get paid unless or until we recover money for you through a settlement or a judgment in your favor. It’s our commitment, and we stand by it.
Fighting with insurance companies is the last thing you need to do if you’ve been in a motorcycle accident. Focus on healing, and getting back on the road. Bring on an expert attorney who can protect your rights.
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