Motorcycle Accident Law Firm in Colorado Springs
It’s worth noting that, like a conventional motor car to motor car collision or crash, a motorcycle accident may also entail a rear-end crash in Colorado and other states. Many more motorcycle accidents or collisions involve a frontal collision with the motorcycle caused by a driver’s negligent left-hand turn or other violation of the motorcyclist’s right of way.
Front-end crashes are especially bothersome and deadly for motorcyclists, who lack the safeguards provided to most drivers and passengers of passenger cars and commercial trucks, i.e. “the cage.”
In Person | Phone | Zoom
Here is Your Guide
“Watch Out for Motorcycles” and “Look Twice for Motorcycles” are critical. These slogans and campaigns are more than just catchy words. When a motorist goes on the road, he or she has a responsibility to drive safely, paying attention to traffic signals, posted speed limits, traffic, weather, and other circumstances that may impact driving.
Motorcycle accidents and wrecks are distinctive and distinct from other sorts of car collisions. A single motorcycle collision without an impact or interaction with another motor car causes around 25% of motorcycle accident-related bodily injuries.
Consider the case of a motorcycle passing through an intersection at a safe pace. Approaching from the other way, a car tries to execute a rapid left-hand turn without signaling.
To prevent a collision with the car and reduce the collision’s effect, the driver compels the biker to take evasive action and lay the motorcycle down. The motor car is unharmed; however, the motorcycle is severely damaged, and the biker has many bodily injuries that need immediate medical attention and months of follow-up treatment.
The biker may file a negligence lawsuit against the at-fault motorist based on this scenario. In reality, it is usually desirable if the at-fault motorist has enough car insurance to pay the losses resulting from the personal injuries.
When a biker sustains personal injuries as a consequence of a front end accident or as a result of avoiding a front end collision, the injured sufferer and his or her family confront various obstacles. Medical treatment may be expensive, which might be especially troublesome if the biker does not have health insurance.
There are still options for medical care for motorcyclists. Some community physicians understand and sympathize with the predicament of a wounded motorcycle and may agree to treat the injured rider on a “wait and see” or reimbursed basis.
There is no legal duty for any doctor to offer therapy in this manner. Motorcycle accident victims are lucky to visit one of these doctors when they consult with a Motorcycle Accident Attorney.
A front-end collision may cause catastrophic injuries to the motorcyclist’s head, back, neck, upper extremity (hand, wrist, arm, or shoulder), lower limb (foot, ankle, knee, or leg), and other parts of the body. Even if responsibility seems evident and the other motorist has been given a penalty, the insurance company may contest liability or fault for the accident.
One common tactic insurance companies use to blame the biker for the accident in whole or in part. Even if the other motorist is plainly at fault and has gotten a ticket, insurance companies will try to make this move. Keep in mind
that the traffic citation has no bearing on the guilt or blame element of the civil action in Colorado. In reality, in a civil lawsuit seeking damages for personal injuries caused by a motorcycle collision, issuing a traffic ticket is often inadmissible.
The assistance, counsel, and representation of an experienced Colorado Motorcycle Accident Attorney should be sought by a wounded motorcyclist and his or her family. These are complicated instances that are often disputed. Adjusters, investigators, and, yes, lawyers all work for insurance firms. An accident sufferer should also have an advocate in the shape of a well-known legal company on their side.
Motorcycle Accidents at Intersections
Regularly, motorcyclists are placed at risk for personal harm at a typical traffic area: the junction. Motorcycles, because of their size, weight, and volume, are no match for any collision or contact with a passenger car or a commercial car.
Motorcyclists are struck or run off the road at junctions in almost every town owing to inattentive driving, excessive speed, or just negligence or carelessness. When a motor car driver breaches the motorcyclist’s right of way, many motorcycle or motor car accidents occur.
A motorcycle rider will often avoid a collision by turning, braking, and/or laying the machine down. Even if there is no collision with a motor car, a major bodily injury may occur to a motorcyclist who was following the law and riding his motorcycle safely and reasonably previous to the collision.
Distracted driving has become a problem and a risk on the roads due to the growth of mobile phones, which are now in the hands of almost every motorist. Instead of scanning the junction for motorcycles, bicycles, and pedestrians, drivers increasingly glance down to read their next email, text message, or hilarious Facebook video.
A breach of a motorcyclist’s right of way that results in significant bodily injury, on the other hand, is not amusing. Simply, drivers should put down their phones and raise their eyes to watch for motorcyclists and other people on or near the road.
A posted stop sign may be seen at many junctions. The stop sign has a defined role in terms of traffic flow and order. All cars should come to a safe stop at the stop sign and then watch for crossing or oncoming cars.
Unfortunately, cars are often in a rush. They do not see a motorcycle approaching or passing at an intersection until it is too late to safeguard the motorcyclist who is otherwise riding his bike safely and responsibly.
Some motorcycle accidents come down to contradicting claims or comments about what caused the accident and how it may have been avoided. Independent witness accounts and other evidence to support the motorcyclist’s claim are important in these cases. Even if the responding police officer issues a ticket to the other motorist, the driver and his insurance company may still contest the accident or accident’s guilt or blame. Some instances aren’t as clear-cut as others, but they may still be investigated based on the motorcyclist’s testimony and observations, as well as the physical and forensic evidence available.
A biker must get legal assistance after a motorcycle accident. A team of lawyers, adjusters, fi adjusters, and detectives represent insurance companies. A motorcycle accident victim must be represented as well.
T-Bone Motorcycle Accidents
When the front of one car collides or crashes into the side of another car, T-Bone motorcycle accidents and accidents occur. The shape of the collision at the moment of impact is essentially a “T.” These motorcycle accidents or accidents are also known as side-impact or broadside crashes or collisions.
Many accident victims and their families do not recognize or appreciate that a broadside or side- impact accident is the same or comparable to a “T-Bone” kind of crash. The use of this terminology in police reports is neither consistent nor standard across the board.
As a result, the accident may be referred to as a side impact, broadside, or “T-Bone” case in certain police reports. In certain cases, all phrases are used in a single police report.
When two motor cars meet in a “T-Bone” accident, the effects may be disastrous, especially if one of the cars is a motorcycle. When a driver or occupant of a passenger car is engaged in a “T- Bone” accident, various safeguards are in place to protect them from the impact. Some examples include the car’s door, seatbelts, side and front airbags, the car’s structure, and other safety measures.
There is a significant difference between the impact on a motorcycle and a passenger or commercial car. While ejections from a car are uncommon, they do occur regularly in motorcycle accidents. “Ejection from the motorcycle is a typical injury route,” according to the National Highway Traffic Safety Administration (NHTSA).
A variety of factors may cause t-Bone collisions. A motor car driver may run a stop sign, yield sign, or traffic signal irresponsibly. This, in turn, violates the motorcyclist’s right of way, resulting in the collision. Collisions of the “T-Bone” kind often occur near intersections. The motor car driver claims that he or she did not notice the motorcycle in numerous accidents.
On bright sunny days with no traffic, this justification or argument might be fairly weak. Motorists should be on the watch for motorcycles, even in bad weather or at night, and should respect their right of way and safety.
It is good to take pictures of the property damage to each car and the accident site after a motorcycle collision.
Images depicting the motorcyclist’s point of view and photographs depicting the driver’s point of view may assist explain how the “T-Bone” crash occurred. Road and other construction projects may sometimes alter the look of the accident site. As a result, taking photos of the accident site as soon as possible might be quite beneficial.
The wounded biker has a variety of obstacles and concerns in the wake of a “T-Bone” disaster or collision. Even if the police officer issues a traffic ticket to the other motorist, the insurance company examining the claim will not consider the case to be “open and shut” in terms of blame or damages.
The police report is merely one jigsaw piece that makes up the injured motorcyclist’s case or claim. What is compensable, the worth of a case and the actions to follow to properly protect and defend the rights of an injured motorcyclist may be fairly difficult under Colorado law.
The following are some of the most typical complications that arise from a “T-Bone” or broadside motorcycle accident: What were the traffic conditions like when the accident happened?
What were the weather conditions? (Light, Moderate, or Heavy)
Were there any meteorological factors that contributed to the crash? What was the speed limit in the area where the accident occurred?
Were the cars adhering to the posted speed limits?
Was anybody using their phone before or at the time of the collision? What kind of road signs or traffic signals were there?
Were there any eyewitnesses to the accident?
Was there a ticket issued as a result of the accident or accident?
What kind of medical attention was given to the wounded rider right after the accident? What kind of medical attention did the wounded biker get afterwards?
What insurance plans for motorcycles, cars, and/or businesses cover the wounded motorcyclist?
Naturally, each case, like each client, is distinct and should be assessed on its circumstances and merits. Because of the intricacies of motorcycle accident cases, especially those involving persons who have been killed,
When a broadside or “T-Bone” kind of accident occurs, the wounded biker and his or her family should seek the counsel, direction, and legal representation of a Colorado Motorcycle Accident Attorney.
Motorcycle Accidents in the Rear
Rear-end collisions are more prevalent in car-to-car collisions than in motorcycle-to-car collisions, according to statistics. When you or a family member is involved in a motorcycle accident involving a motorist colliding with the rear of a motorcycle, statistics are mostly useless.
Even if a disaster includes modest or minor speed hits, most motorcycle wrecks result in injuries since a motorcycle is no match for a conventional passenger car’s size, weight, power, or force.
The following legislation relates to rear-end collisions, according to Colorado Statutes Section 316.0895:
316.0895 – Following Another Car Too Closely – A motor car driver should not follow another car closer than is reasonable and sensible, taking into account the speed of such cars, as well as the traffic on and the state of the roadway.
While a rear-end collision occurs, the investigating police officer often refers to this legislation when issuing a ticket to the motor car driver that rear-ends a motorcycle or another driver. In Colorado, the driver of a car that rear-ends another driver or motorcycle is presumed responsible for the collision or accident. It should be noted. However, that additional facts and testimony may overturn the assumption. Under Colorado law, the presumption based on the legislation above and case law are rebuttable, not absolute.
“The presumption of negligence that attaches to a rear driver in a rear-end motor car collision case can be rebutted or avoided by the production of evidence from which a jury could find negligence on the part of the front driver that contributed to bringing about the injury-producing collision,” the Colorado Supreme Court wrote in Cevallos v. Rideout, 107 So. 3d 348 (Supreme Court of Colorado, 2012).
Other drivers must keep an eye out for motorcycles on the streets, roads, and motorways. Excessive speed, inattentive driving, and irresponsible driving are all factors in many rear-end collisions. Many cars are rushing to get to their next location. This haste often results in a collision with the rear of a motorcycle, resulting in significant physical injury to the motorcycle rider.
Consider a motorcyclist who is stopped at a red light on a bright and sunny day. A driver unexpectedly collides with the back end of the motorcycle, knocking the rider to the ground. This collision results in personal injuries, and the rider is taken to a nearby medical facility by fire rescue. Two different people saw the collision.
One can infer that the case is “closed and shut” based on this fact pattern. However, the struggle or battle for many personal injury lawsuits or claims has just started. Insurance companies will argue the severity of the injuries and the link of the alleged injuries or losses to the subject motorcycle accident even though guilt or blame is evident.
If the motorcyclist just had one ER visit, the case would be assessed quite differently than if it had months of treatment, pain management injections, and other medical attention.
Motorcycle Accidents Caused by a Rear-End Shunt
In a rear-end shunt motorcycle collision, a biker might get significant injuries. The force of being pushed forward into another car is referred to as a “shunt.” In rear-end shunt collisions, a chain reaction may occur, involving many cars, including a motorcycle.
As a consequence of these rear-end motorcycle accidents, the injuries or impacts to the motorcyclist stuck between two cars may be rather serious. Let’s assume a biker comes to a complete halt at a red light behind a car that has likewise come to a complete stop.
Another motorist behind the motorcycle, who was speeding and otherwise distracted by a text message, collides with the motorcycle’s back end, causing the motorcycle to “shunt” forward and
collide with the car in front. A crushing force or mechanism damages the motorcycle on both the front and rear ends due to the impact. The motorcyclist sustains major injuries as a consequence of the collision.
A rear-end shunt motorcycle collision often results in neck, back, and other personal injuries. Even though the motorcyclist in the preceding example was obeying the law and was behaving safely, the motorcyclist was placed in a vulnerable and hazardous situation due to another person’s irresponsible and negligent driving.
While rear-end motorcycle accidents are less prevalent than head-on collisions, they are widespread in almost every town. Rear-end collisions, particularly rear-end shunt motorcycle accidents, may be avoided with more careful driving. Each motorist must pay close attention to the road, traffic conditions, and signage/signals that guide traffic flow.
Even if the personal injuries resulting from a motorcycle accident seem obvious on the surface, most damage claims are challenged by insurance companies. Insurance company-selected physicians and billing employees inspect medical data and invoices to dispute claims and save money. This is true even in the case of a major motorcycle accident.
When a motorcyclist is injured in a rear-end shunt collision or another type of crash, it is critical for the motorcyclist and their family to have a Colorado Motorcycle Accident Attorney on their side to fight the insurance companies which frequently prioritize profits and savings over people. A motorcycle accident victim should be reimbursed for past and future medical expenses, as well as pain, suffering, mental anguish, and loss of enjoyment of life.
Accidents involving a single motorcycle
According to reports, around 25% of motorcycle accidents involve just a single motorcycle and no other cars. Poor road conditions, debris, road construction, mechanical troubles, and operator (motorcyclist) error in the form of distraction, inattention, high speed, or intoxication all contribute to these accidents.
Other drivers’ recklessness or carelessness are at blame for a large share of these collisions. In these circumstances, a single motorcycle accident occurs as a consequence of the biker taking evasive measures to avoid the collision and possible injury to others. Any time a biker is pushed off course, however, catastrophic repercussions such as an accident and personal injury might occur.
It should be highlighted that all facts and circumstances of a given accident, including the property damage to the respective cars engaged in the motorcycle accident, should be reviewed. The fact that the motor car that violated the motorcyclist’s right of way did not cause any property damage does not absolve the driver of any blame or guilt. The regulations of the road and the rights of motorcyclists must be recognized and adhered to.
It should be emphasized that the police report and issuing of a ticket may serve as strong evidence in favor of the motorcyclist’s claim or argument. Let’s say the driver who attempted the left turn was given a penalty, and the police officer put up the record in such a way that the biker was cleared of any responsibility, negligence, or guilt.
While having a positive police investigation and report backing your view of the event is beneficial to your claim and case, Colorado has a provision called the Accident Report Privilege. The actual police report comments made to the police and the issuing of a citation are all inadmissible as evidence if the case goes to trial due to this statute.
Other evidence must be given to demonstrate the other driver’s guilt or responsibility in the motorcycle collision. As a result, many personal injury plaintiffs are taken aback when discovering the Accident Report Privilege, particularly if they are learning about it for the first time at trial.
The Colorado Accident Report Privilege is established in part in Colorado Statutes – Section 316.066
(4). Written Report of Crashes, which includes the following information:
Except as provided in this paragraph, each crash report and any statement made by a person involved in an accident to a law enforcement officer to complete a crash report required by this section are without prejudice to the person reporting. Such a report or statement is not admissible as evidence in any civil or criminal proceeding.
However, provided the officer’s right against self-incrimination is not breached, a law enforcement officer in a criminal prosecution may testify about any statement made to the officer by the individual involved in the collision, according to the appropriate rules of evidence. The findings of breath, urine, and blood tests performed in conformity with s. 316.1932 or s. 316.1933 are not confidential and are admissible into evidence under s. 316.1934. (2).
As a result, the at-fault driver’s testimony to the police officer, as well as the ticket issued, cannot be used as evidence. This regulation does have several exceptions. However, in most situations, the police report and comments to the police are not admissible as evidence.
A motorcycle accident personal injury victim should contact an attorney for advice, assistance, and legal counsel due to the intricacy of Colorado Motorcycle Accident claims and Colorado law.
Motorcycle Accidents – Losing Control on Turns
Many motorcycle accidents happen when a rider loses control in turn. There is a set of comparative fault laws in existence in the state of Colorado. As a result, even if the biker is partly to blame for a motorcycle accident, an injury claim or lawsuit may still be pursued if any of the blame for the accident can be attributed to the other driver, in part or whole.
The abilities necessary to ride a motorcycle are somewhat more difficult than those required to operate a normal passenger car. As a result, there’s less margin for mistakes. Furthermore, each time a biker needs to alter course, change lanes, or take evasive action in reaction to another person’s reckless driving, a motorcycle collision with bodily injury might occur.
A motorcycle, like a car, has the right to use the roads, streets, and highways in the same way as a car does. In reality, a law in effect requires all drivers to respect a motorcyclist’s rights, freedoms, and liberties.
The Colorado Statutes – Operating Motorcycles on Roadways Laned for Traffic, states:
A motorcycle has the right to the full use of a lane, and no motor car must be operated in such a way as to deny a motorcycle such right.
A motorcycle collision may occur when motor cars travel too near a motorcycle or interfere with the motorcyclist’s right of way, particularly while the biker is turning the motorcycle. Because of the architecture of the car and the normal driver’s ability to keep control of the car, there are usually no negative effects while making a rapid turn while driving. When attempting a turn, even the most experienced and skillful biker might lose control of the motorcycle.
Loss of control during a turn may result in catastrophic and lasting bodily injuries in a motorcycle accident. There are several obstacles to pursuing a motorcycle accident case, particularly when the insurance company blames the biker for part or all of the accident or collision. As a result, the wounded motorcyclist or the injured motorcyclist’s family should seek counsel, assistance, and legal representation from a Colorado Motorcycle Accident Attorney.
In the practical pursuit of a motorcycle injury lawsuit, insurance often plays a vital role. Because medical coverage is not required in Colorado, many motorcyclists do not carry it as their motorcycle insurance policy. It would be advantageous if the other driver possessed Bodily Injury insurance, paying reimbursement for the wounded biker. Settlements under Bodily Injury insurance, on the other hand, are normally finalized as a one-time payout. As a result, the biker has the issue of receiving medical treatment and coping with medical costs and out-of-pocket expenses while waiting for the possible future payout.
Accidents Due to Motorcycle Maneuverability
Due to their design, structure, and size, Motorcycles can navigate most roads, streets, and highways with ease. It should be highlighted that a biker has the right to be in a travel lane and that other cars should allow him or her enough room to properly operate the motorcycle. A motorcycle rider must complete a 12-hour training course, including at least 6 hours devoted to real motorcycle usage and operation.
When another motorist breaches a motorcycle’s right of way or otherwise requires a motorcyclist to take evasive measures, the motorcyclist may be able to swerve or alter the direction in such a way that an accident or fall is avoided.
Even when a competent and experienced rider is riding the motorcycle, many of these occurrences end in a motorcycle accident. It should be mentioned that a biker has the legal right to ride his or her motorcycle alongside all other motor cars on Colorado roads, highways, and streets. Because there are hazards connected with riding a motorcycle, a biker does not automatically risk an accident.
Colorado is a state with a lot of faults. As a result, insurance companies often blame the motorcyclist for the accident, in whole or in part. When the other driver receives a traffic penalty, and the blame or fault seems to be plainly on the other car, insurance companies will try to blame the motorcyclist.
Unless the case includes a rear-end collision or a drunk-driving event, insurance companies often seek to assign blame or liability to the motorcyclist.
A lawsuit or claim may be brought on behalf of a motorcyclist who has suffered a personal injury due to a motorcycle accident. The success of the case or claim will be determined by several factors, including the details of the crash or accident; the motorcyclist’s comparative fault (if any); the injuries sustained; the initial treatment; follow-up treatment; the severity and permanency of the injuries; the at-fault driver’s Bodily Injury insurance; and the motorcyclist’s Uninsured/Underinsured Motorist insurance.
The pursuit of a motorcycle accident injury claim or lawsuit involves numerous twists, turns, and hurdles. An injured motorcyclist is not automatically compensated by insurance providers. Medical records, medical bills, and medical reports must be used to prove personal injuries and associated damages. Insurance firms have lawyers, adjusters, and detectives on staff to defend them even when the injuries or claims seem to be evident. An advocate for the wounded rider should be in place in the shape of a Colorado Motorcycle Accident Attorney.
Duty to Stop and Yield to Traffic at a Stop Sign Intersection
Many Colorado motorcycle accidents occur because one motorist disregards a stop sign and/or fails to give the right of way to cars at an intersection with a stop sign. The Colorado Statutes, Section
Car Entering Stop or Yield Intersection, states:
(2) Except when directed to proceed by a police officer or traffic control signal, every driver of a car approaching a stop intersection indicated by a stop sign must stop at a marked stop line or, if none, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.
After coming to a complete stop, the driver must give the right-of-way to any car entering the junction from another highway or approaching so near on said highway as to pose an imminent danger while driving across or inside the intersection.
At a four-way stop junction, the driver of the first car to arrive must be the first to continue. The driver of the car on the left must cede the right-of-way to the car on the right if two or more cars arrive at the four-way stop junction simultaneously.
(3) A driver approaching a yield sign must slow down to a reasonable speed for the current conditions and, if necessary for safety, stop before entering the crosswalk on the near side of the intersection, or, if none, at the point closest to the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. When the driver is travelling across or inside the junction after slowing or halting, the driver must give the right-of-way to any car in the intersection or coming on another highway so closely that it poses an imminent danger. After driving past a yield sign without stopping, if a motorist is engaged in a collision with a pedestrian in a crosswalk or a car at the junction, the accident is prima facie proof of the driver’s failure to surrender the right-of-way.
The law in Colorado presumes that a motorist who passes a written and driving test understands and is familiar with the “Rules of the Road.” This includes the responsibility of a car approaching a junction with a stop sign in place to come to a complete stop. In addition, depending on stated speed restrictions, traffic, and road conditions, a motorist should maintain a safe pace. The motorist should be able to come to a safe halt at a stop sign while doing so. Following the completion of the stop, the motorist must keep an eye out for oncoming traffic before going into or through the junction.
When a person is harmed as a consequence of a motorist’s carelessness, such as when a car goes through a stop sign, ignores a stop sign, or otherwise drives unsafely / recklessly into another driver’s right of way, the victim may have a case or claim for personal injuries. In most cases, the responding officer is correct and issues a penalty to the motorist who ran a stop sign. When a police officer receives two distinct accounts, he or she may decide not to issue a citation. Keep in mind that whether or not a traffic penalty is issued for failing to obey a stop sign does not affect the civil action or insurance claim. In other words, even if no traffic penalty was issued, an injured victim may pursue a lawsuit or claim.
A driver’s culpability in violating a stop sign or failing to yield to another motorist’s right of way is only one piece of the multifaceted jigsaw that makes up a legal case or claim. Proving how the accident occurred, the accident’s preventability, the acts of the various drivers in the accident, medical costs, medical care, and other insurance company defenses. After a motorcycle accident in Colorado, the insurance company is ready to respond and defend itself with a team of adjusters, investigators, and lawyers. With the help of an expert Colorado Motorcycle Accident Attorney, an injured victim may preserve and defend his or her legal rights.
Visibility Issues Motorcycle Accidents
Even though most drivers are acquainted with the appearance of a motorcycle and realize that motorcyclists are permitted on the road, many motorcycle accidents nonetheless occur because the motorist claims he or she did not see the motorcycle. Motorcycle accidents with limited vision occur due to a variety of variables and circumstances.
It should be emphasized that in the state of Colorado, the position and accompanying statement of “I didn’t see the motorcycle” is not a legitimate defense to a motorcycle accident or collision. As stated in Colorado Statutes, Section 316.1925 (1) Careless Driving:
Any individual driving a car on the state’s streets or roads must do so with care and caution, taking into account the width, grade, curves, corners, traffic, and any other relevant factors to not harm the life, limb or property of others. Careless driving and a violation of this section will result if you do not drive in this way.
Because a motor car driver has a responsibility to drive carefully and prudently, there is no justification for the driver failing to see the motorcycle. Neither should “not seeing” absolve the motorist of responsibility for the losses and injuries sustained by the rider.
Motorcycles are substantially smaller than other cars on the road due to their design and use. As a result, a driver may miss the motorcycle at a junction, adjacent lane, or other locations on or near the route occupied by the motor car driver. Many restricted visibility motorcycle accidents are also caused by distracted driving.
Trees, plants, hills, bends and curves in the road, and, of course, the weather is all possible obstructions. The weather may play a role. However, according to statistics, only a tiny percentage of motorcycle accidents are caused by weather-related situations and variables.
Insurance companies will use various methods, arguments, and techniques to prevent paying an injured motorcyclist fair and acceptable compensation. In most cases, insurance companies would claim that the motorcyclist was blamed for the accident (in whole or part). While insurance companies must operate in good faith and promptly reimburse accident victims, there are sometimes reasons or excuses for delays and “low ball” settlement proposals from insurers.
Motorcycle accident victims should not expect insurance firms to act fairly and promptly or that insurance company, which are massive organizations, would have sympathy for motorcycle accident victims and their families.
Keep in mind that a motorcycle injury claim or lawsuit does not begin and stop at the site of the collision. Even when the other motorist and their insurance company concede guilt or blame for the accident, the quantity and need of medical expenses and treatment are still contested. The degree and permanence of the injuries is a primary battleground in most personal injury claims.
Insurance companies typically contend that the treatment was excessive and that the motorcycle victim’s and treating physicians’ injuries were overstated. Even if the biker led a healthy lifestyle, had a good work ethic, and was dedicated to his family, community, religion, and country, the insurance company would claim that the injuries and treatment needed were unjustified and, thus, worth considerably less than what was being asked.
Driving a Motor Car in the Rain or Bad Weather
Drivers have a responsibility to drive at reasonable speeds for the weather, lighting/visibility, and road conditions. Weather conditions may harm the operation of any car, including motorcycles. Wind, rain, and ice may significantly impair braking cars’ stopping distance and accident avoidance maneuvering and turning capabilities.
When driving in terrible weather, drivers have a legal obligation to take additional care. Yet, many drivers disregard bad weather because they are hurried and late, distracted, or for other reasons. Drivers have a legal need to slow down and exhibit necessary care and prudence in their cars’ operation, maintenance, and security when severe weather, lighting/visibility, or road/traffic conditions occur.
Other Drivers’ Passing, Turning Lanes, and Right of Way Violations
Drivers have a responsibility to operate their cars safely to protect their safety and the safety of other motorists. Because blind spots, external visual obstacles, lighting and weather conditions, and driver experience all play a role in the safe operation of motor cars, drivers must take extra precautions to ensure that they are driving safely to their destinations.
By using turn signals, all drivers must guarantee that operations such as passing and turning are communicated to other motorists on time. When yielding to a motorcycle, drivers must also be more
patient and provide more time since the operation and control differs significantly from that of a car. Furthermore, inappropriately passing, turning, or otherwise infringing a motorcyclist’s right of way may and can result in severe and catastrophic consequences.
Local Motorcycle Events and Accidents with Heavy Motorcycle Traffic
The weather, infrastructure, and routes of Colorado make motorcycle riding and associated activities possible all year. Motorcycle enthusiasts have the freedom to gather and hold such events under Colorado law and the United States Constitution. Participating in a motorcycle event, festival, weekend, or club can be a lot of fun and a big part of the appeal of owning a motorcycle.
Motorcycle accidents and injuries are common whenever there is a large, extended motorcycle event or festival. Some motorcycle accidents are single-car affairs involving just one motorcycle, while others include one or more additional bikes and/or motor cars. When heavy traffic or a motorcycle event is taking place, both motorcycle riders and drivers of passenger and commercial cars should be aware of the situation and adjust their driving speeds and habits accordingly.
A person driving a motorcycle is considered a “vulnerable road user” like a biker or pedestrian, according to Colorado Statutes Section 316.027 (b). This is not just the law in Colorado, but it is also something that all drivers should be aware of. As a result, each time a motorist is driving a motor car near one or more motorcyclists during an event or festival, he or she should continue with caution and at a modest pace.
If a motorcyclist is hurt in a motorcycle accident, it’s usually a good idea to notify the cops so they can make a report and, if necessary, issue a ticket. This also applies to motorcycle accidents that occur at events and festivals. Stories and memories evolve with time. While a police report will not resolve all concerns or obstacles, having the police engaged in recording the facts of the motorcycle accident, drivers involved, motorcyclists involved, witnesses, and insurance information is typically suggested.
The cause and circumstances of a motorcycle collision might be complicated by heavy traffic. However, the fact that there was a lot of traffic is not a defense to carelessness in and of itself. The driver of a motor car must consider the speed of other cars and traffic while driving a car, according to Colorado Statutes Section 316.0895. As a result, Colorado law makes it plain that being stuck in heavy traffic is not a defense to driving a car carelessly.
The right to attend motorcycle events, rides, and festivals are unalienable to the rider. The World’s Largest Motorcycle Event is advertised as Daytona Bike Week at Daytona Beach, Colorado. Local businesses and the Daytona Regional Chamber of Commerce are working together to promote Daytona Bike Week.
It attracts millions of dollars in sales and fantastic riders and motorcyclists from all over the globe. Motorcycle accidents, whether during Bike Week or on the way to and from Bike Week, are common at large events like Bike Week and can result in catastrophic injuries. In the form of slower speeds, safe driving may help prevent many of these motorcycle accidents.
Many motorcycle accidents may also be averted if passengers put down their phones and other mobile devices while driving. “Watch Out for Motorcycles” is a simple message, but it is critical to the health, safety, and well-being of motorcyclists who live in or visit the neighborhood.
Under the Influence of Alcohol or Drugs While Operating a Motor Car Motorcycle Drivers’ Hazards
They are driving while intoxicated or under the influence of drugs or alcohol is still a concern in communities around the country. Every year, it is estimated that 10,000 individuals are killed in car accidents caused by drunk drivers. A motorist under the influence of alcohol or drugs is involved in around one-third of fatal accidents.
Many of these collisions, accidents, and fatalities might have been averted if the driver had not used drugs or alcohol that day or night. Alternatively, you might have behaved properly by having someone else drive, remaining home for the day or night, or getting a ride from a buddy, taxi, bus, Uber, Lyft, or another mode of transportation.
Motorcyclists who share the same roads, highways, and streets as the intoxicated motorist are particularly vulnerable. As defined under Colorado Statutes Section 316.027, motorcycles are “vulnerable road users” like walkers and bicycles. Both the law and common sense support this claim. When a drunk motorist is on the road, a motorcycle rider is in danger of being injured. The senses are dulled, and motor abilities are slowed while driving under the influence of alcohol or drugs. Any time a motorist gets behind the wheel, it’s critical to be attentive, awake, and focused.
A motorcyclist may file a claim for injuries caused by a drunk driver. While the at-fault motorist may have a solid legal case, there are still practical factors to pursuing a personal injury lawsuit for monetary compensation. The quantity and kind of insurance that you have in place are critical considerations.
Let’s say the at-fault drunk driver was driving without insurance. Let’s also suppose that the wounded biker was underinsured and lacked Uninsured Motorist coverage. From a practical sense, pursuing a legal lawsuit or claim on behalf of the wounded motorcyclists would be difficult under these tragic circumstances. Simply put, the insurance coverage is inadequate, and the wounded rider will not collect any funds. Most personal injury lawyers would decline a case if there were no realistic way to collect money.
While a lawsuit against the at-fault motorist may be brought, and the wounded motorcyclist may win millions at trial, collecting money from the at-fault driver may be difficult if he has no assets to collect on. As you can see, the case involves much more than the fact that the at-fault motorist was inebriated at the time of the accident.
When a motorcyclist is hurt due to someone else’s carelessness, the wounded biker’s rights should be protected and enforced. Hopefully, all parties had the appropriate insurance in place so that the wounded biker would have a source of compensation and a mechanism to cope with the genuine issues resulting from the accident.
Involved in a DUI Accident Legal Issues, Cases, and Claims
As a consequence of an accident caused by a truck driver’s drunk driving and recklessness, a person’s life as they know it might be permanently altered. A motor car is regarded as a harmful instrumentality in the state of Colorado. When a person is under the influence of alcohol, drugs, or both, this principle is particularly true.
It is well knowledge that drinking slows response speed and dulls the senses. Some individuals feel that drinking does not influence one’s drive a car or avoid a collision. It is unsafe and unlawful to drive a car while under the influence of drugs or alcohol. A Colorado DUI (Driving Under the Influence) accident may result in civil (compensation), administrative (driver’s license), and criminal (jail time, prison time, fines) penalties.
The early circumstances surrounding an accident are crucial, but they do not constitute the whole of the case or the needed burden of evidence. Let’s assume a motorist has drunk ten drinks before getting behind the wheel. The drunk driver collides with a motorcycle driven by Jim Beam a mile away from the tavern. When the cops arrive on the scene, they give roadside field sobriety tests, a blood alcohol test, and then arrest the drunk driver right there and then. Is this an important case? Based on these data alone, it’s difficult, if not impossible, to determine.
The above scenario tells us that there was a collision and that the at-fault driver was arrested for DUI (Driving Under the Influence). Medical costs, the severity of any personal injuries, the cause and duration of such injuries, or medical treatment were not mentioned. There is no way to calculate or estimate the worth of a personal injury case without knowing this information.
There is no way to know if there is even a personal injury case to pursue without knowing this information. As you can see, figuring out how the accident happened and who was to blame is critical. It’s also crucial to figure out what kind of personal injuries were sustained in the collision and how severe they were.
To the example above, let’s add additional facts. Please assume that the injured sufferer, Jim Beam, sprained his wrist and saw the doctor twice. Due to the limited treatment and small nature of the injuries, a case like this would be considered low-value. Let’s start with a new set of facts. Jim Beam broke his leg, had surgery, had to go to physical therapy for six months, and lost his job.
The second set of events would undoubtedly result in a more valuable case, providing that the at-fault driver or corporation had adequate motor insurance coverage or recoverable assets to pay such personal injuries and losses.
The accident featured a drunk driver may increase the case’s value by allowing punitive damages to be awarded. A jury has the option of awarding more money to the at-fault drunk driver to penalize him for his irresponsible behavior. Punitive damages are often excluded from insurance coverage. As a result, if the individual driver lacks sufficient assets to meet a hefty verdict, punitive damages claims against them may be difficult to collect. If the business that employs the driver may be sued for punitive damages, a large verdict might be obtained if the firm has enough assets to compensate or pay the judgement or judgement.
Keep in mind that the at-fault truck driver’s arrest, prosecution, and conviction for criminal DUI (Driving Under the Influence) does not imply that the civil case or insurance claim will be settled for a certain sum. Medical bills, medical records, reports, testimony, and other evidence must be presented at trial to establish and show the damages or injuries by a preponderance of the evidence.
When a person is injured as a consequence of a DUI accident, the victim’s family faces a range of legal concerns and obstacles, including but not limited to:
The situation is criminal. During a criminal prosecution or sentencing hearing, the injured victim and family members are often called upon to speak about the collision and its aftermath. While the prosecutors ultimately determine whether to prosecute the case or make a plea bargain, the injured victim and family are often contacted about their opinions and intentions about the criminal defendant’s prosecution and punishment. A Colorado Motorcycle Accident Attorney can assist with any criminal prosecution inquiries and accompany the injured victim to any hearings or court
processes related to the DUI prosecution. Economic damages or expenses incurred due to the DUI driver’s injuries may also be granted as restitution.
Compensation for Victims of Crime Act To the extent that the state possesses these laws or remedies, the harmed victim may also be eligible for compensation under the Victims of Crimes Compensation Act. The accident victim and their family should inquire about this benefit through the prosecutor’s office or consult with a Colorado Motorcycle Accident Attorney or a victim’s advocate affiliated with the prosecutor’s office.
The case is one of civil litigation. The civil lawsuit or insurance claim filed on the damaged victim is distinct from the criminal case. The insurance company will usually concede responsibility or blame in a DUI prosecution. The type and degree of the personal harm are usually where the battle lines are established next. Just because someone is injured due to drunk driving does not indicate the insurance company will compensate them generously. Medical bills, medical records, the severity of the injuries, the need for future treatment, and various other variables are used to determine the case’s worth.
Motorcycle Collisions Involving Hit-and-Run Drivers
Motorcyclists in Colorado and neighboring states are some of our community’s most proud and hardworking members. Some motorcycle riders ride every day, and it has been embedded in their life. Other riders choose to ride just on weekends or on rare occasions. Like any other motorist, motorcycle riders have the right to ride on our roads, highways, and streets.
This is a right that ought to be safeguarded and respected. When a motorcyclist is critically wounded in a hit-and-run accident, it may be not very pleasant. There is a considerable danger of severe bodily harm whenever a biker is involved in an accident or accident.
All motorists engaged in or witnesses to such an accident should pull over and give aid as required, as well as alert police and fire rescue. Fleeing an accident site with injuries is illegal in Colorado. Leaving a wounded biker in anguish at an accident site is also a moral blunder.
According to the Colorado Department of Highway Safety and Motor Cars, over 180 drivers, passengers, motorcyclists, pedestrians, and bicyclists were killed in hit-and-run accidents in Colorado in 2015. The Colorado Highway Patrol launched a campaign called “A wreck is terrible.
Leaving the scene makes it worse” due to such dismal statistics. When simple carelessness is the cause of a car or motorcycle collision, no criminal is committed. A civil traffic ticket may be issued in the case of a rear-end collision that does not include excessive speed or drinking. An arrest, in this case, would be unusual.
If a motorist leaves the scene, simple negligent conduct becomes a criminal act, resulting in arrest, driver’s license suspension, penalties, restitution, community service, and even jail or prison time for the fleeing driver.
Crash Involving Death or Personal Injuries, Section 316.027, Colorado Statutes, makes it illegal to leave an accident site when a person has suffered severe physical damage. Section 316.027 (a) of the Colorado Statutes defines serious bodily harm as follows:
“Serious bodily injury” refers to an injury to a person, including the driver, that involves a physical condition that poses a significant risk of death, serious personal disfigurement, or the loss or impairment of the function of a bodily member or organ for an extended time.
In Colorado Statutes (b), a “vulnerable road user” is defined as:
a pedestrian, including a person, engaged in work on a highway, or work on utility facilities along a highway, or engaged in the provision of emergency services within the right-of-way;
a person operating a bicycle, motorcycle, scooter, or moped lawfully on the roadway;
a person riding an animal; or
a person was riding a motorcycle, motorcycle, scooter.
A farm tractor or other agricultural car; b. A skateboard, roller skates, or inline skates; c. A horse-drawn carriage; d. An electric personal assistive mobility device; or e. A wheelchair
In the aftermath of a hit-and-run accident, there are several problems and concerns to deal with. Unfortunately, in some cases, the at-fault driver and car are never recognized or traced. In these instances, the wounded biker must rely on his or her motorcycle and automotive insurance (if applicable) to cover his or her medical expenses.
Medical Payment Insurance and Uninsured Motorist Insurance are quite beneficial in these situations for the wounded rider (UM). It is advantageous if the at-fault motorist has Bodily Injury insurance if the at-fault driver is found. Bodily Injury Insurance coverage limits may vary from $10,000 to $1,000,000 or more.
At the same time, a motorcyclist who is injured through no fault of his or her own is entitled to justice and compensation, the amount and type of insurance in place and available to the injured biker can and does influence the pursuit and outcome of the civil case or claim on his or her behalf.
There is a slew of legal and insurance concerns to deal with after a hit-and-run accident that leaves a motorcyclist injured. As a result, retaining the services of an experienced Colorado Motorcycle Accident Attorney is usually to the advantage of the wounded motorcyclist and his or her family.
THE DIFFICULTIES AND PROBLEMS INVOLVED IN A HIT-AND-RUN MOTORCYCLE ACCIDENT
When a person is hurt in a hit-and-run accident, there are many legal and practical concerns about the victim’s injuries, medical expenses, and other losses. Some of the concerns and obstacles to consider are as follows:
They are identifying and locating the at-fault driver or owner. Finding the driver or owner of the car that left the accident scene is a major problem in a hit and run case. There are no tag numbers collected in many accidents, and there are no witnesses to the event.
If a plate number is retrieved and there is severe property damage, the at-fault car will likely be found. If the at-fault driver or owner is found, authorities will question them and investigate the accident.
Many drivers who fled the scene of an accident do not have insurance, which is unfortunate. The availability and quantity of coverage for a motorcycle accident will be revealed after further investigation by the police and a Colorado Motorcycle Accident Attorney.
At-Fault Driver/Owner Insurance Even if the at-fault driver fled the motorcycle accident scene, an insurance claim can be pursued if the at-fault owner and driver are located and the car involved has car insurance. While it is generally the driver’s responsibility to remain at the scene of an accident, the fact that the driver fled does not mean that the car insurance will be voided.
Coverage for uninsured and underinsured motorists. If the injury victim has Uninsured or Underinsured Motorist (UM/UIM) coverage, it can help in a hit-and-run accident case. The victim of a hit-and-run motorcycle accident may be eligible for a UM/UIM claim if the at-fault driver/owner lacked BI insurance OR has BI insurance but not enough insurance (Underinsured) to adequately compensate the victim for the injuries incurred in the motorcycle accident.