Wind blowing over your face and the thrill of speed – riding a motorcycle offers freedom like none other. However, this comes with the risk of fatal road crashes. In 2023 alone, road crashes claimed the lives of 134 motorcyclists in Colorado.
Wearing a helmet can reduce the risk of head injuries. However, the lack of safety features, like seat belts and airbags, increases the risk of accidents. At Manning Law, we know how tough it can be to deal with the aftermath of a motorcycle crash.
If you or someone you know has been in one, your head is probably exploding with questions. In this post, we will answer a few common questions to put your mind at ease.
1. What Should I Do Immediately After a Motorcycle Accident in Colorado?
If you were in a motorcycle accident, don’t leave. In Colorado, it’s called a hit-and-run and can be charged as a felony. Instead, you should stay put and do the following:
- Call 911 and report the accident to the police and emergency services. Ensure they document all the details of the scene.
- Even if you feel fine, delayed onset injuries are common in motorcycle accidents. So, always get checked by a doctor.
- Exchange information with other drivers. Get the names, contact information, and insurance details of all drivers involved in the accident.
- Speak to witnesses and collect their information as well. However, don’t press anyone for information.
- Take photos of the scene, your injuries, the damage to your motorcycle, and anything else that could be important for your case.
2. Does Colorado’s Comparative Fault Rule Affect My Motorcycle Accident Claim?
Yes. Colorado’s comparative fault rule can affect your motorcycle accident claim if you are partially at fault. For instance, if you are 30% at fault for the accident, the court may reduce your total compensation by that much.
You can still file a claim and recover damages even if you were partially responsible for the accident. However, you can file a claim only if you are less than 50% at fault. A skilled motorcycle accident lawyer can help you prove the other driver was at fault and recover the compensation you deserve.
3. Can I File a Personal Injury Claim After a Motorcycle Accident in Colorado?
If someone else’s negligence or reckless behavior caused your motorcycle accident, you can file a personal injury claim in Colorado. With a properly filed claim, you stand to recover compensation for:
- Medical Expenses: Cover past, current, and future medical treatment related to your injuries.
- Lost Wages: Compensation for income lost if you cannot work as a result of the accident.
- Pain and Suffering: For the physical pain, emotional distress, and mental anguish caused by the accident.
- Property Damage: To repair or replace your damaged motorcycle or other personal property.
- Loss of Enjoyment: If your injuries limit your ability to participate in activities you previously enjoyed.
Hiring a motorcycle accident lawyer is a great move, as they will help you understand how much your claim is worth and review all its aspects thoroughly.
4. What Types of Injuries Are Common in Motorcycle Accidents?
Motorcycle accidents often result in catastrophic injuries owing to the lack of safety barriers like those in cars and vans. Some of these injuries include:
- Head Injuries: Concussions, skull fractures, and traumatic brain injuries (TBI) are prevalent, particularly if you weren’t wearing a helmet or if the impact was severe.
- Spinal Cord Injuries: These injuries can cause partial or complete paralysis, often requiring long-term rehabilitation and care.
- Fractures and Broken Bones: Common fractures include broken arms, legs, collarbones, and ribs.
- Road Rash: Abrasions from sliding across the road surface can result in severe skin damage and require medical attention to prevent infection.
- Internal Injuries: Damaged organs or internal bleeding are life-threatening and require urgent medical care.
5. How Much Does Motorcycle Accident Insurance Cover in Colorado?
In Colorado, motorcycle insurance typically includes bodily injury liability and property damage liability, which cover costs associated with injuries and damage to others. Here’s what you can expect:
- Bodily Injury Liability: Covers medical bills and damages to others if you are at fault.
- Property Damage: Pays for repairs and property damaged in the accident, including your motorcycle, if the other driver is at fault.
- Uninsured/Underinsured Motorist Coverage (UM/UIM): Protects you if the at-fault party has insufficient insurance to cover your damages.
Because Colorado is an at-fault state, if the other driver caused the accident, their insurance will likely cover your medical expenses and property damage, assuming they are insured. If they don’t have insurance or insufficient coverage, your own insurance policy can cover the remainder of the damages.
6. How Long Do I Have to File a Motorcycle Accident Lawsuit in Colorado?
The statute of limitations for motorcycle accidents in Colorado is three years from the date of the accident. In other words, you must file a lawsuit within three years or risk losing your right to pursue damages. There might be a few exceptions, such as when the victim is a minor or if the injuries come to light later. However, you must act sooner rather than later to preserve evidence and strengthen your case.
7. What Are Common Causes of Motorcycle Accidents in Colorado?
Many factors are responsible for motorcycle accidents, including:
- Driver Negligence: Other drivers may fail to yield, change lanes improperly, or drive distracted, leading to deadly collisions.
- Speeding: High speeds reduce reaction time and increase the risk of fatal collisions.
- Weather Conditions: Rain, snow, ice, or even hot weather can create hazardous riding conditions.
- Road Hazards: Potholes, loose gravel, wet spots, and debris can cause motorcyclists to lose control.
- Drunk/Distracted Driving: Impaired drivers, which caused 13,524 traffic deaths, often fail to see motorcyclists or misjudge distances, leading to accidents.
- Improper Lane Changes: This is especially dangerous for motorcyclists who have less visibility, and car drivers might easily overlook them.
8. Do I Need a Motorcycle Accident Lawyer in Colorado?
In Colorado, you can file a claim on your own, but hiring a lawyer offers significant advantages, such as:
- Expert Legal Guidance: A lawyer will help you understand the legal process, helping you file the right paperwork and meet all deadlines.
- Evidence Gathering: Lawyers have resources to gather critical evidence, such as accident reports, witness statements, and expert testimony, to strengthen your case.
- Negotiate a Fair Settlement: Insurance companies may offer settlements that don’t fully cover your damages. A lawyer will negotiate on your behalf to get the compensation you deserve.
- Court Appearance: Most personal injury claims get settled. However, hiring a professional lawyer increases your chances of success if your case goes to trial.
9. Can I Recover Compensation Even If I Did Not Wear a Helmet?
Colorado allows adults (18 and above) to ride without helmets, but this can lead to devastating consequences. For one, not wearing a helmet increases the risk of traumatic brain injuries, which require lifelong care. Secondly, failing to wear a helmet could reduce your compensation under the comparative fault rule if it contributed to your injuries. However, not wearing a helmet doesn’t automatically bar you from recovering damages.
10. How Can I Maximize My Motorcycle Accident Claim?
There are no guaranteed outcomes in personal injury cases. However, you can take the following steps to maximize your compensation:
- Get Immediate Medical Attention: Don’t delay your treatment, even if you feel ok or it’s just a few scratches. Many delayed onset injuries show up weeks or even months after the accidents so get yourself checked immediately to strengthen your claim.
- Document Everything: Keep detailed records of your medical treatments, motorcycle repairs, lost wages, and any pain and suffering you experience.
- Hire A Lawyer: Hire a competent motorcycle accident lawyer in Colorado as early as possible. They can review your case and work out a way to get you the best settlement possible.
Final Thoughts
Motorcycle accidents are a life-altering experience, which often leads to unimaginable physical, mental, and financial hardship. If you or your loved one has been in a motorcycle crash, you probably have dozens of questions. We hope this post answers some of them and encourages you to take the required steps.
If you want to file a personal injury lawsuit in Colorado, look no further than Manning Law. We have helped many Colorado riders protect their rights and receive rightful compensation. Call us for a free consultation today!
