To say Coloradans love motorcycles would be an understatement. According to Statista, Colorado had 180,183 registered motorcycles in 2022. That’s not surprising since the Centennial State is known for its picturesque roads, mountain passes, and open highways.
That means you see bikers joining together for group rides or people taking their bikes to work almost every day. But what if you get into an accident? Does it matter if it was a commuter or a recreational motorcycle accident? Will it affect your claim?
As leading Colorado motorcycle accident attorneys, we’re here to answer that question.
Let’s dive in.
What Makes a Recreational Motorcycle Crash Different?
Recreational motorcycle accidents are typically associated with leisure activities, such as weekend rides or trips through scenic routes. While these crashes can occur in any environment, they often happen on winding roads or highways where bikers go looking for adventure.
A few key factors that might come into play include:
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Road Conditions and Weather
You may encounter less-than-ideal weather conditions or poorly maintained roads during recreational rides. These factors may be relevant in a personal injury claim, especially if poor road conditions contribute to the accident.
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Speed and Maneuvering
While most motorcyclists adhere to speed limits, the nature of recreational riding often involves higher speeds and more aggressive cornering. These factors can contribute to higher severity injuries, which will be taken into account in personal injury claims.
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Risk of Shared Responsibility
In recreational motorcycle accidents, the rider may be held partially responsible due to the nature of the activity. However, if another party, such as another vehicle or a poorly maintained road, is at fault, you can file a claim with the help of a seasoned lawyer.
What Are the Challenges Involved in Commuter Motorcycle Crashes?
These accidents typically occur on your way to work or school in urban areas with heavy traffic, where the risk of collisions is higher due to proximity to other vehicles.
This may pose the following challenges:
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Traffic and Congestion
Riders in commuter accidents are often dealing with heavy traffic, making them more susceptible to accidents from distracted drivers, sudden stops, or collisions caused by other vehicles. This adds complexity to injury claims, particularly when determining fault.
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Workplace Considerations
If you’re injured on your way to or from work, there may be additional considerations, such as workers’ compensation benefits. It depends on the nature of your employment and whether you were on the clock at the time of the crash.
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Insurance Factors
Commuting accidents may involve more complex insurance claims, as multiple parties could be involved, including other drivers, employers (in case of workplace-related accidents), and insurance companies. Only a competent motorcycle accident lawyer can help handle these complexities and get you the desired compensation.
What Are the Legal Considerations for Both Types of Motorcycle Crashes in Colorado?
Regardless of whether it was a recreational motorcycle accident or happened on your way to work, the process for filing your claim involves:
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Proving Fault
Colorado is an at-fault state, which means you need to prove that the other party or road hazards were responsible for your crash. Sadly, motorcyclists face unfair blame, especially in recreational motorcycle accidents.
Insurance companies and defendants may argue that you were out for fun and likely pushed your limits. They might blame you for the crash and make the claim harder. But you can still prove otherwise with the help of a Colorado motorcycle accident attorney.
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Severity of Injuries
While both types of accidents can result in severe injuries, the nature of the crash (whether it occurred on a scenic route or in stop-and-go traffic) may affect the extent of the injuries and the claims for pain, suffering, and lost wages.
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Insurance and Coverage
Injuries sustained in either type of crash will be covered by motorcycle insurance. Additional coverage, such as Personal Injury Protection (PIP) or Medical Payments (MedPay), can provide the financial support you need while the legal process moves forward.
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Statute of Limitations
Colorado law gives you three years after a motorcycle crash to file a lawsuit, regardless of how it occurred. So, speak to a Colorado motorcycle accident attorney as soon as possible. The sooner you start the process, the higher your chances of getting paid.
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Additional Considerations
In Colorado, you’ll need to consider a few more things:
- Wearing Helmet: Not all riders are required to wear helmets, but doing so can help your claim. It proves you acted safely. And most importantly, it keeps you safe on the road.
- Comparative Fault: If you share some blame, you can get paid less. However, if you’re 50% or more at fault, you have no claim.
- Insurance Rules: Colorado requires at least $25,000 coverage for injuries per person. This is often too low for serious bike injuries.
Injured in A Motorcycle Crash? Get Help Now!
Whether you’re going for a recreational ride with friends or riding to work every day, you’ve to be careful on the road. Wear a helmet, drive within speed limits, and stay sharp. But if you do get in an accident, no matter how small, speak with a Colorado motorcycle accident attorney immediately. They can help you protect your rights.
At Manning Herington Accident & Injury Attorneys, we specialize in handling motorcycle accident claims. Our team will help you get the desired settlement or go to trial if required.
Call 720-649-4747 or fill out our online form to get started now!
