Steve Roberts, LLC
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If you’ve been injured in a motorcycle accident, protecting your health and safety is important. If you’re struggling to do so, reach out to a Denver attorney to help you protect your compensation, too.
Motorcycles can be a freeing way to travel. Whether you’re on I-70 on the open road or you’re driving to work downtown, a motorcycle is a great way to save gas and have a little more freedom. Unfortunately, that freedom can come at a price.
One moment, you’re on the road, and the next, you’ve crashed and are suffering severe injuries. You’ll need care for some time, and you’ll need to get compensation for that care. However, the responsible party might not be so willing to help you during this difficult time.
That can leave you in a difficult position, which is why you’ll need to talk to your Denver motorcycle accident lawyer as soon as possible. At Roberts Accident Law we understand how severe your injuries are, and we understand how tough it can be to recover from that suffering. That’s why we’re offering the help you need during this time.
Colorado is a highly populated state; that, as of 2018, had 190,869 registered motorcycles. With so many people on the road, accidents of all nature occur quite frequently.
Motorcycle accidents are especially dangerous for the motorcyclist. In a standard vehicle, a person is protected by the vehicle’s body, but a motorcyclist is completely exposed. Since motorcycles only have two or three wheels, they’re a lot harder to see on the road. The failure to see a motorcyclist in time contributes significantly to the likelihood of an accident occurring. Several factors lead up to the event of a motorcycle accident.
The Driver is Inexperienced
Operating a motorcycle is a much different experience than driving a standard vehicle. The importance of becoming licensed to drive one could mean the difference between life or death. Knowledge of the way motorcycles handle in comparison to a vehicle is essential.
One of the Drivers is Impaired
Driving under the influence is especially dangerous to motorcyclists. In 2018, a study from the National Highway Traffic Safety Administration found that 26% of people killed in motorcycle traffic crashes were drunk. This percentage was the highest of all alcohol-impaired drivers versus any other vehicle type.
Not only can an intoxicated motorcyclist be the cause of an accident, but an intoxicated vehicle driver will be far less likely than normal to see a motorcycle in time to take measures to avoid a collision adequately.
The Driver Was Going Too Fast
Speeding can cause a motorcyclist to lose control more quickly than going the speed limit. Speeding around corners can be highly risky. Making too wide of a turn or cutting it too tight could potentially cause a wipe-out or an accident.
The Motorcycle Malfunctions
Routine upkeep is essential for all motor vehicles. Sometimes even when regular maintenance is performed, unexpected issues can arise. They often arrive at the most inopportune moments, causing calamity on the road.
One of the Drivers is Distracted
This one applies to drivers of any vehicle. It only takes a moment to look at a text or reaching in the backseat for something. A tiny moment with a driver’s eyes not on the road can cause a very large accident.
Bad Weather and Poor Road Conditions
Motorcycles are harder to operate when there is snow or ice on the ground. Even a ride in the rain is more dangerous for a motorcyclist. When the roads are not maintained, a whole new set of problems can arise. Potholes or loose gravel can be hazardous to travel on with a motorcycle, but when poor road conditions and bad weather are both present, it’s important to take extra caution.
When you’re involved in any type of motor vehicle accident, you’re likely going to face severe injuries. Unfortunately, motorcycle crashes can be especially serious.
When you’re on a motorcycle, you don’t have the same protection that other drivers may have. Instead, you’re more exposed to the road. Colorado drivers over the age of eighteen aren’t required to wear helmets, which could affect your injuries and your claim.
Worse, not all injuries may be obvious right after a crash. You might notice a severe cut, for example, but your back might feel fine until you try to get out of bed a few days later. Failing to act now can affect your health and your insurance claim, so speak to your Denver lawyer first thing after a collision.
If you’re injured in a motorcycle crash, seek help right away, especially if you believe you may have suffered one of the following injuries:
Colorado is a highly populated state with large metropolitan areas and many fast-paced roads. With the high volume of traffic, there’s no surprise that Colorado has many auto and motorcycle accidents. Only 3% of all vehicles on the road in Colorado are motorcycles, yet 23% of all roadway deaths are that of motorcyclists.
Riding a motorcycle is a far riskier means of transportation than driving a car. On September 18, 2020, Colorado had its 100th death of the year that was claimed by a motorcycle accident. So far that’s a 12% increase from the same time last year. There are things that can be done to prevent some of these accidents and deaths from happening at all. It’s up to both motorcyclists and auto drivers to be vigilant when it comes to the safety of motorcyclists on the road.
Wear A Helmet
Using the appropriate regulation helmet while riding a motorcycle will drastically increase the chances of surviving a motorcycle accident.
Keep A Safe Distance
Keeping a safe distance behind the vehicle in front will allow the driver to have more of a reaction time, should an accident occur up ahead.
Don’t Use Phone While Driving
Talking on the phone or using the phone while riding a motorcycle is especially dangerous since both hands are more direly needed to steer.
Don’t Drink and Drive
Alcohol-related accidents are one of the highest leading causes of roadway deaths. Driving impaired affects reaction time which is extremely important when riding a motorcycle.
Motorcycles operate differently than cars do and speeding in a motorcycle can cause accidents in different ways.
Be Aware of Blind Spots
Cars have large blind spots where motorcycles can easily hide. Knowing where these blind spots are and checking them when making lane changes can save a motorcyclist’s life.
Keep A Safe Distance
This is just as important for auto drivers to remember as it is for motorcyclists. Keeping a safe distance behind a motorcyclist allows more time for unexpected actions.
When a driver’s attention is diverted, mistakes are more easily made.
“Check Twice to Save A Life”
This is a motto from the Colorado Department of Transportation that means, looking twice before taking action can mean the difference between life and death.
Be Extra Careful Turning Left
It’s harder to judge how fast a motorcycle is going because they are a lot smaller than an automobile. Make sure there is an ample amount of time before turning left in front of them.
With the increase of motorcycles on the road each year, the number of motorcycle accidents increases as well. It’s up to everyone to make the roads a safer place.
When you’re in a serious wreck, you’ll need to seek out help with your recovery. For many people, that means calling your insurance company first. Colorado is a fault state, which means that the person who caused the accident is also financially responsible. For you, that may mean filing an insurance claim and letting them pursue compensation from the insurer for another driver.
However, the insurance company isn’t always on your side. Motorcycle accidents often leave destroyed bikes and severe injuries, which means your crash could be especially expensive. That may make it tough to recover what you need from insurance.
Insurers are for-profit businesses, which means that they may be more concerned with their profits, not with your recovery. They may lowball your settlement, claim you were partly responsible for your accident, or even refuse to settle with you in order to save themselves money on a costly insurance claim.
That’s why you’ll also need to focus on getting your full compensation. A motorcycle crash can be an expensive issue, which makes it tough to get the full amount you need. Your damages, or the losses you’ve suffered because of your accident, should all be considered.
That means getting both your financial and non-economic damages. For example, you may know you need compensation for your monetary losses, like motorcycle repairs, hospital bills, and household services.
However, you’ll also need to consider your non-economic losses. You’re struggling with severe injuries that will take a toll on your mental and emotional health. These damages are hard to calculate, however, so make sure you speak to your Denver accident attorney about finding the worth of your pain, suffering, and emotional trauma.
Before you seek out your compensation, you’ll also need to defend your claim from Colorado law. If you don’t focus on protecting your claim, you could have your compensation reduced or have your motorcycle claim dismissed completely.
For example, you’ll only have three years to file an injury claim in Denver. If you wait too long, your claim might be dismissed, leaving you without the funds to recover. You’ll need to speak to your motorcycle accident lawyer to act now.
You’ll also need to be sure you don’t take the blame for your accident. Colorado is a modified comparative negligence state, which means that you’ll lose funds based on your part in the accident. For example, if you’re found 10% at fault, you’ll only receive 90 percent of your compensation. However, if you are found more than 50% responsible you might not be entitled to any compensation. This is one reason it is so important to speak to an attorney. At Roberts Accident Law we work with you to minimize your liability for the accident and resist any attempts from the defense team or insurance agency to shift the blame on you.
The statute of limitation for filing a personal injury claim depends on the type of claim you choose to file. Generally, the sooner you file the claim, the better, as the longer you wait, the harder it is to find pertinent evidence, and memories of what happened will start to fade.
Colorado has one statute of limitations that covers personal injury claims in general and another specifically for Motorcycle accident cases. The following is a list of statues that might apply in your case:
General Personal Injury Claim
Under C.R.S. 13-80-102, a person must file any personal injury claim that occurred with a motor vehicle within two years after the “cause of action accrues.” Or, in most cases, the date the accident occurred.
Motor Vehicle Personal Injury Claims
Under C.R.S. 13-80-101, a person has three years to file a personal injury claim that arises from the use or operation of a motor vehicle such as a car, truck, or motorcycle.
Wrongful Death Claim
Under C.R.S. 13-21-203, a surviving family member have two years to file a wrongful death claim. Unless the death occurred based on a “hit-and-run” accident, then they have ten years to file a claim.
Defective Product Claim
Under C.R.S. 13-80-106, if a defective vehicle was the reason for the accident, you will have two years to file a claim starting from the date when the “claim for relief arises.”
Motorcycle accidents work a little differently than automobile accidents. In an automobile accident, everything is usually straight-forward. Collision damage is assessed, and compensation is rendered. In a motorcycle accident, when the whole body is exposed, it can be more of an assessment of injuries instead of damage done to the vehicle. This is where a motorcycle attorney comes into play.
Insurance companies want to save as much money as possible and this can lead to under-compensation. They might try to claim that a motorcycle accident injury wasn’t caused in the accident but was already a previous injury to avoid payment. Or they may try to prove that the injuries aren’t as bad as what the person is saying they are. Determining who is at fault can be a huge insurance battle. If an insurance company can prove that the other driver was at fault, they don’t have to payout.
At Roberts Accident Law we are thoroughly trained to know all the legal rights a person has and the legal boundaries that can be pushed. We walk our clients through the process and provide valuable information and foresight. Sometimes unexpected things can happen and it’s beneficial to have an attorney on your side. Here are a few ways we can help you:
Determining Who is at Fault
The fault doesn’t always fall on a driver. In most accidents, the fault lies with the driver who caused the accident, but occasionally the fault can be placed on a mechanic who negligently repaired a vehicle. Sometimes accidents are caused by poorly maintained roads and in this case, the people responsible for maintaining the roads are at fault. We will use all our resources to determine who was responsible.
Problems with the Insurance Company
Sometimes insurance companies will deny a claim. This can happen for various reasons that can be confusing unless you have an attorney like us to explain it and fight it if possible. As mentioned above, an insurance company might use shady tactics to avoid paying or try to settle too soon or for too little. We make sure you have a fighting chance to receive what you are entitled to.
The legal ramifications of certain actions can often spiral into unfamiliar territory. A person can have a million questions and go on an extensive journey of phone calls in an attempt to find an answer. The attorneys at Roberts Accident Law can help by being the person who has the answers or knowing where to find them.
There are many unforeseen events that can happen after a motorcycle accident takes place. If injured, the first thing you should do is seek medical attention. The second thing you should do is contact Roberts Accident Law for a free consultation. The sooner an attorney is on the case, the more likely everything will go in your favor.
When you’re injured in a motorcycle wreck, it’s important to understand all aspects of your Denver claim. Unfortunately, that can be tough without help. You’re likely not experienced with the laws, and you need to put your energy toward your physical recovery.
Fortunately, that’s where your Denver crash lawyer can step in. We have the answers for your most common questions and your claim-specific questions. If you’re confused on a detail of your case, check out our FAQ or give us a call to learn more about your case.
If your loved one was killed in a motorcycle accident, you and your family deserve compensation for your losses. You’ve suffered because someone else was careless with their safety, and you shouldn’t have to pay for that. Instead, contact your Denver attorney about a wrongful death claim. We’ll discuss how to get your compensation and your family’s options.
Denver motorcyclists over eighteen are not required to wear a helmet. However, your insurance company may take advantage of your lack of helmet if you weren’t wearing one. While it’s not against the law to drive without a helmet, your insurance company may claim that your injuries wouldn’t have been as bad if you had been. Your motorcycle crash attorney will need to address this issue in your defense.
Even if you were the only vehicle involved in your crash, you may have a chance to sue if the accident might not have been your fault. For example, a faulty part may have caused you to lose control of your motorcycle and wreck. In these cases, you’ll still have a chance to recover the full compensation you deserve.
When you’re suffering because someone else was careless with your safety, recovering isn’t always easy. You’re badly injured, you’re in need of compensation, and worse, the people who should assist you may be focused on the fact that you’re a motorcyclist, not on the fact that you’re an injured person who needs help.
That’s why you may need to contact an accident lawyer from Robert Accident Law when you’ve suffered a major injury. It can feel impossible to recover alone, but thankfully, you don’t have to. Instead, you can seek out the compensation you need from an accident attorney who can help.
NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.
NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.