Riding a motorcycle offers freedom, speed, and thrill that few other things can rival. However, motorcycles’ very nature, with bare minimum protection, makes them more vulnerable to high-speed crashes.
Despite representing only 3% of registered vehicles in the US, motorcyclists were involved in 4.6% of all traffic fatalities and 3.5% of traffic-related injuries in 2022. When the riding season raves up, Colorado also sees a spike in motorcycle accidents. In 2023, 134 motorcyclists lost their lives on the Centennial State roads.
Motorcycle accidents often result in life-altering injuries, significant medical expenses, and emotional turmoil. At Manning Law, we know how difficult it is to navigate the aftermath of a motorcycle crash. However, knowing what to expect during the investigation can help you strengthen your claim.
Here’s a quick breakdown of what you can expect during the inquiry.
Initial Accident Report
After a motorcycle accident, the first step in the investigation typically involves filing an accident report. When you call 911, the operator sends EMTs and police officers to the scene. While EMTs tend to your injuries, the officers prepare a report.
This report is an official account of the accident, including key details such as the time, location, weather conditions, and any contributing factors (e.g., speeding, reckless driving). The officers may also document the statements of the involved parties and any witnesses.
What to expect:
- The accident report may include citations or fault determination (if the other driver was issued a ticket for reckless driving).
- Your Colorado motorcycle accident attorney can help address discrepancies if the report is incomplete or inaccurate.
Collection of Evidence
Your attorney and their team will begin gathering critical evidence that supports your version of events.
This includes physical evidence, such as photographs of the accident scene, the condition of the vehicles, and any visible injuries. Additionally, they can obtain witness statements and video footage (from nearby traffic cameras) to strengthen your claim.
What to expect:
- Gathering evidence from the accident scene, including skid marks, debris, and damaged property.
- Photos and videos can be invaluable in showing the severity of the crash and the surrounding conditions, which may not be obvious in the official report.
Witness Statements and Expert Testimony
Witnesses to the accident, including pedestrians, other drivers, or passengers, may be interviewed by your personal injury lawyer in Colorado. Their statements can provide additional insight into the circumstances leading up to the accident. Sometimes, lawyers may use expert testimony from accident reconstruction specialists to support your claim.
What to expect:
- Interviews with witnesses who can help establish fault or provide additional context for your case.
- Expert testimony can help explain complex issues, such as how the accident happened or the physics behind the crash dynamics.
Medical Records and Documentation of Injuries
Motorcycle accidents often lead to serious injuries like Traumatic Brain Injuries (TBI), which are a significant aspect of the investigation. Your attorney will collect your medical records to establish the full extent of the injuries you sustained in the accident. These records will also help determine how your injuries may affect your future well-being, earning capacity, and quality of life.
What to expect:
- Sometimes, medical experts provide testimony or written reports detailing the severity of your injuries and the long-term effects they could have.
- You may be required to undergo additional medical evaluations to assess ongoing pain, disabilities, or future treatment needs.
Insurance Investigation
Both your insurance company and the at-fault party’s insurer will conduct their investigations into the accident. This investigation determines who is liable for the accident and how much your claim is worth.
What to expect:
- Insurance companies may try to minimize their payout by questioning the severity of your injuries or blaming you for the accident. They may use tactics such as offering a quick settlement.
- It’s essential to have an attorney who can handle the insurance process, negotiate on your behalf, and ensure that you’re not taken advantage of during this phase.
Accident Reconstruction and Analysis
In some cases, especially when liability is disputed, an accident reconstruction expert may be brought in. They will use evidence such as vehicle damage, witness statements, skid marks, and other data to reconstruct the accident and determine how it occurred.
What to expect:
- Accident reconstruction experts will provide an analysis of the accident scene to identify key factors like speed, vehicle movement, and road conditions. This can be especially helpful in cases where the cause of the crash is unclear.
- This expert analysis could make or break your case, especially if there’s a dispute over fault.
Determining Fault and Liability
Once all the evidence is gathered, your attorney will work to establish who is at fault for the accident. In Colorado, the state follows a comparative fault system, meaning you can still recover compensation even if you share partial blame for the accident. However, your payout will be in proportion to your fault.
What to expect:
- Your attorney will analyze all the evidence to determine liability. If the other driver is responsible, your case would focus on proving their negligence.
- If you share fault, your compensation gets reduced, but you may still be entitled to a portion of the damages.
Negotiations and Settlement Discussions
After the investigation phase, your attorney will try to settle with the at-fault party’s insurance company. Your attorney will review the evidence and, with the help of medical and financial experts, calculate a fair settlement amount for your injuries and other losses.
What to expect:
- Your attorney will negotiate on your behalf to secure a settlement that covers medical bills, lost wages, pain and suffering, and any other expenses resulting from the accident.
- If there is no settlement, your case may proceed to trial, where a judge or jury will determine fault and compensation.
Trial, If Necessary
In cases where settlement fails, the case will go to trial. Your attorney will present the gathered evidence, expert testimony, and witness statements to a judge or jury, who will determine the outcome.
What to expect:
- Trials are lengthy and expensive, and the outcome is never guaranteed. However, with a skilled personal injury lawyer in Colorado representing you, you have the best chance of securing the compensation you deserve.
Conclusion
In Colorado, investigating a motorcycle accident case is a detailed and methodical process that requires careful attention to evidence, witness accounts, medical documentation, and expert testimony. Each step aims to establish the facts, determine liability, and ensure you receive fair compensation for your injuries.
If you were in a motorcycle accident in Colorado, talk to competent personal injury attorneys at Manning Law. We will leave no stone unturned to protect your rights and secure the best possible outcome for your case. Call us for a free consultation today!
