Denver Colorado Motorcycle Accident Attorneys

In the unfortunate event of a motorcycle accident, taking immediate action is crucial to protect your well-being and future legal options. Take the following steps to ensure your safety and build a strong foundation for any potential claim:

1. Seek medical attention for your injuries. Prioritize your health by seeking prompt medical attention, even if your injuries seem minor. Document all medical examinations and treatments, which are crucial evidence for a claim.
2. Contact law enforcement to file a report. Ensure law enforcement responds to the scene. Cooperate with the officers and provide accurate information about the incident to the best of your ability.
3. Gather contact information from other parties and witnesses. Collect all involved parties’ names, phone numbers, and insurance information. Obtain any details from eyewitnesses who may provide statements.

Take photos of the scene, vehicle damage, and any visible injuries. If you’re able, use your smartphone to capture images of the accident scene, road conditions, and traffic signs or signals. Photograph every vehicle involved, capturing the damage and license plates. Document your injuries, as visual evidence can strengthen your case.

In Colorado, the statute of limitations for filing a personal injury claim related to a motorcycle accident is two years from the date of the incident (Colorado Revised Statutes §13-80-102). You must initiate legal action within two years to remain eligible for compensation.

However, there are exceptions and nuances to this rule that could impact your timeline:

• Claims Involving Wrongful Death: If the motorcycle accident resulted in the passing of a loved one, you generally have two years from the date of death to file a wrongful death claim, which may be later than the date of the accident.

Claims Involving Government Entities: Claims Involving Government Entities: If the accident involved a government vehicle or occurred due to hazardous road conditions caused by a government agency, you may have as little as 180 days to file a notice of claim under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109). Failing to meet this deadline can bar you from seeking compensation, so it’s essential to act quickly and consult an attorney.

Yes, you can still pursue a claim. Colorado follows a modified comparative negligence rule (Colorado Revised Statutes §13-21-111), which allows injured parties to recover compensation as long as they are less than 50% at fault for the accident.

If you are found partially at fault, your compensation will be reduced by your percentage of fault. For example, if your damages total $100,000 and you are determined to be 20% at fault, your compensation will be reduced by 20%, leaving you with $80,000.

However, if you are 50% or more at fault, you will not be eligible to recover compensation.

Evidence like police reports, witness statements, video footage or photos of the accident, and reconstruction analysis help determine fault in Colorado. Insurance companies often attempt to assign a higher percentage of fault to motorcyclists, arguing factors such as speeding, lane splitting, or lack of helmet use (even though helmet use is not legally required for riders over 18 in Colorado). An experienced motorcycle accident attorney can challenge these claims and ensure that fault is assigned fairly.

Insurance companies play a crucial role in covering the costs associated with motorcycle accidents, including medical expenses, property damage, and other losses. However, navigating the insurance claims process can be complex and often requires legal guidance to protect your rights and secure a fair settlement.

While insurance policies typically cover medical bills, lost wages, vehicle repair costs, and in some cases non-economic damages like pain and suffering, it’s important to understand that insurance companies are for-profit entities. Their primary goal is to minimize payouts to protect their bottom line.

Motorcycle accident victims face challenges like:

• Lowball Settlement Offers: Insurance adjusters may offer a quick settlement that doesn’t fully account for your injuries, ongoing medical treatment, or other damages.
• Blame Shifting: Insurers often argue that the motorcyclist was partially or entirely at fault for the accident, even when the evidence doesn’t support these claims.
• Policy Limitations: The at-fault party’s policy may not fully cover your damages, requiring you to explore additional options like underinsured motorist coverage or filing a personal injury lawsuit.

Bias Against Motorcyclists: Motorcyclists are often unfairly stereotyped as reckless or dangerous, which insurance companies may exploit to reduce or deny claims.

Yes, you can still pursue compensation for your injuries. Colorado law does not require riders over the age of 18 to wear a helmet (Colorado Revised Statutes §42-4-1502), so failing to wear one does not automatically disqualify you from seeking damages.

Lane splitting, or the practice of riding a motorcycle between lanes of slow-moving or stopped traffic, is explicitly prohibited under Colorado Revised Statutes §42-4-1503(2). Motorcyclists must fully occupy a single lane of traffic and cannot share a lane with another vehicle, except when riding side-by-side with another motorcycle.