Posted in Motorcycle Accident on October 12, 2023
Motorcyclists face many dangers when they ride, including weather conditions and road hazards. However, many of the dangers riders face come from negligent drivers. If you were hurt in a motorcycle accident in Denver, CO,
you might need a lawyer to help you recover a fair settlement amount for your personal injury claim.
Reasons why you might need a Denver motorcycle accident lawyer include:
Motorcycle accidents are extremely dangerous for the rider. The Colorado Department of Transportation reported in May 2023 that motorcycle fatalities had reached a record high. In 2022, 149 motorcyclists died in Colorado, which represented 20% of traffic deaths, even though motorcycles only totaled 3% of the registered vehicles in the state.
In addition to the risk of death, motorcyclists sustain traumatic injuries in a crash. Common motorcycle accident injuries include:
Many riders sustain permanent impairments and disabilities. Even if you recover fully from a motorcycle accident, you may still incur substantial financial losses during that time. If your loved one died because of a motorcycle crash, you might be entitled to compensation for losses under Colorado’s wrongful death laws as well.
Insurance companies undervalue motorcycle accident claims. Without the help of a Denver motorcycle accident lawyer, you might never know that your motorcycle accident settlement was worth much more than the insurance company paid.
Insurance companies try to avoid liability for accident claims whenever possible. One of the ways to reduce or even prevent a rider from recovering money for a claim is to allege contributory fault.
Colorado adopted a modified comparative fault standard for personal injury claims. According to Colorado Revised Statute §13-21-111, contributory negligence does not bar recovery of damages for negligence if the victim’s negligence is not equal to or greater than the other party’s negligence.
In other words, if your percentage of fault for the cause of the motorcycle crash is 50 percent or above, you cannot recover compensation from the other driver. However, if your level of fault is below 50 percent, you can still recover some of your damages. The amount you receive would be reduced by your level of fault.
For example, suppose a jury awards you $1 million for a motorcycle accident lawsuit. However, the jurors found you are 25% to blame for causing the crash. Therefore, instead of receiving $1 million, you would receive 75% or $750,000.
Insurance adjusters question motorcyclists to gain information the company can use to support allegations of contributory fault. They are highly skilled in getting people to say things that can be misinterpreted to imply fault. Also, insurance companies often use the unfounded stereotype that motorcyclists are reckless to support contributory fault allegations.
When you hire a Denver motorcycle accident attorney, the lawyer handles all communications with the insurance company. Your attorney also defends you against unjust allegations of contributory fault.
As the victim, you must prove that the other driver caused your motorcycle accident. If you cannot prove the legal elements required for a negligence claim, you cannot hold the other driver legally responsible for your damages.
Insurance companies have endless resources to fight claims. They have teams of professionals who protect the company from liability.
When you hire an attorney to handle your motorcycle accident case, your attorney will:
Hiring an attorney after a motorcycle accident in Denver levels the playing field. You have a legal team with the resources and legal knowledge to fight for fair compensation for damages.
The insurance company will not tell you if you agree to settle for an amount that is lower than the value of your damages. The insurance adjuster will not explain that you could be entitled to non-economic damages in addition to economic damages.
Before you accept a settlement offer, it is wise to talk with a motorcycle accident lawyer in Denver. They offer free consultations, so it does not cost you anything to verify you are receiving the full value of your injury claim.