What to Look for in a Motorcycle Accident Attorney

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Written by Jeremy D. Earle, JD

June 23, 2021

Choosing an Injury Lawyer for a Motorcycle Accident

Motorcycle accidents tend to result in many deaths, and those who are fortunate enough to survive almost always suffer serious injuries. These serious motorcycle injuries may deplete a person’s money, disrupt relationships, and severely impact the mental health of a motorcycle accident victim.

When an accident is caused by the carelessness of another motorist or another accountable person, the accident victim may choose to file a claim or lawsuit against them to get compensation for their losses. A motorcycle accident claim or a suit is not something that should be carried on by oneself.

Attempting to manage a motorcycle accident case on your own might result in costly blunders and insurance company gimmicks that can diminish the value of your case or even result in a claim being dismissed entirely. It is highly advised that you consult with a motorcycle accident lawyer about your situation. Keep the following points in mind while looking for an attorney to guarantee you receive one who is most suited to your requirements.

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Attorneys with backgrounds in other fields are not appropriate for your case.

Just because you’ve previously engaged an attorney doesn’t imply they’ll be able to assist you with your current case. Many persons who file motorcycle accident claims mistake seeking help from an attorney who does not specialize in their sort of case. Just because an attorney you previously worked with performed an excellent job on your criminal defense case doesn’t indicate they’ll be able to do the same in a motorcycle accident case.

Always check to see whether the lawyers you’re contemplating are personal injury lawyers. To properly comprehend the complexities of many legal areas, lawyers must spend years mastering their laws, practices, and intricacies.

Some attorneys who specialize in fields other than personal injury law may claim that they can handle your case because it is a legal field similar to their own. Still, their lack of familiarity with the various specific details of personal injury law frequently leads to numerous issues that can cost you a settlement or a case.

Instead of looking for a car accident lawyer, look for a motorcycle accident lawyer.

Even if you engage a personal injury lawyer, don’t settle for a jack of all skills. Many consumers will turn to lawyers that specialize in car accidents but have no expertise with motorcycle accidents. While there are many similarities between car and motorcycle accidents, there are a few tiny distinctions that might cause complications for your case if you aren’t prepared. Always select a lawyer who specializes in motorcycle accident litigation rather than car accidents.

Examine the case histories and success rates of potential lawyers.

When searching for a motorcycle accident lawyer, it’s crucial to check into their previous cases to ensure that they’re the proper match for you. Always conduct some research into the specifics of previous cases they’ve handled to see that they’ve dealt with issues comparable to yours. Check to discover whether they have handled motorcycle accident cases with comparable characteristics to yours, such as the sort of accident, injuries, and so on, as well as their degree of success.

When pursuing compensation for motorcycle accident injuries, you want to be sure your attorney has expertise since it is a quality that may frequently mean the difference between success and failure. Many attorneys can give skills earned through years of reading and studying the laws relevant to your case. Still, the experience can only be gained over time and is what sets a lawyer apart from the competition.

Your motorcycle accident attorney should be prepared to go to trial if necessary.

An injured motorcyclist would often wish to submit a claim after a motorcycle accident to seek compensation for the losses they have experienced due to their injury. This procedure often leads to a settlement between the claimant and the responsible party’s insurer, in which both parties agree on the extent of damage covered.

This is generally the best-case scenario since both parties agree, and the situation does not escalate into full-fledged litigation. Going to court is costly, time-consuming, and challenging for the wounded party and the defense.

Regrettably, there are still many cases when a settlement cannot be reached, and the case must be taken to court. Motorcycle accident lawyers will typically do everything possible to reach a settlement and avoid a trial, but they should also be prepared to defend you in court if necessary. Many motorcycle accident lawyers will do everything possible to avoid going to court and accept settlements that are much less than their clients deserve.

Why Should I Hire a Motorcycle Accident Lawyer in Colorado Springs?

Our Colorado Springs personal injury lawyers have spent more than a decade advocating for injured motorcycle riders and fighting for the compensation they deserve. We aggressively seek financial compensation for our wounded clients, with a 98 per cent personal injury case success record.

We recognize that there is often an unfair prejudice against motorcyclists, and our Colorado Springs motorcycle accident attorneys will examine accident records and witness testimony. They will refute any false or misleading information or remarks made in connection with your accident.

You will not be responsible for any legal expenses. We understand that motorcycle accidents may be heartbreaking and that wounded riders and their families often face financial difficulties after an accident. Our motorcycle accident lawyers work on a contingency basis, which means they won’t be paid unless you’ve been compensated for your injuries and losses.

Damages Recoverable in a Motorcycle Accident Claim

The cash compensation possible for your injuries and losses in a motorcycle accident claim is referred to as damages. Following a catastrophic motorcycle accident, you may be concerned about how you will pay for medical bills such as x-rays, specialist visits, treatments, prescriptions, and operations. With a successful motorcycle accident claim in Colorado Springs, you may be able to collect medical expenses as well as other types of damages.

The expense of health care. The total cost of your injury’s medical treatment throughout your life, including travel charges.

Loss of property The cost of repairing your damaged motorcycle or replacing a wrecked motorcycle.

Wages lost. The amount of money you have lost and will continue to lose due to your injury causes you to miss work.

Suffering and pain. Physical pain, emotional suffering, misery, and mental agony are examples of noneconomic costs related to your injury.

Damages for retaliation. For especially negligent, wanton, or reckless activities in connection with your accident, the defendant may owe you an extra sum.

After a major motorcycle accident, you shouldn’t have to worry about paying your expenses on top of dealing with your physical rehabilitation. You may be able to concentrate on your recovery if you file an insurance claim or file a personal injury lawsuit against the at-fault party. While you focus on getting healthier, the at-fault person will be responsible for your past and future losses.

A successful motorcycle injury lawsuit might put you back on your feet financially. However, you may need the help of an attorney to receive just compensation.

Medical bills, pay stubs, and expert testimony may all be used by a Colorado Springs motorcycle accident lawyer to substantiate your losses. Before accepting a settlement from an insurance company, talk to a lawyer about the entire worth of your motorcycle accident claim.

I wasn’t wearing a helmet at the time of the accident; therefore, can I still get compensation?

“Can I still receive compensation if I didn’t wear a helmet?” is a typical question addressed by injured motorcycle riders in Colorado Springs. The answer is contingent on the state in which you want to file.

The decision not to wear a helmet is not a valid defense in Colorado regarding culpability for crash- related injuries. Because you were not wearing a helmet, your insurance company cannot limit or refuse your payout.

All motorcyclists under the age of 17 must wear helmets, according to Colorado law. Adult riders, on the other hand, have the option of wearing a helmet or not. Adults are not legally obligated to wear  a helmet. Thus failure to do so is not considered misbehavior or a civil tort. As a result, in a motorcycle accident lawsuit, the defendant will not utilize it against an adult plaintiff. In other words, even if you were not wearing a helmet at the time of the accident, the at-fault person may be     liable for your damages.

Proving Liability in a Motorcycle Accident in Colorado Springs

In civil law, liability refers to a party’s legal obligation for injuries and losses. Being legally and financially accountable for a victim’s damages is what it means to be liable for anything. You or your lawyer will need to demonstrate the defendant’s guilt before you can receive compensation for a motorcycle accident in Colorado Springs.

Under Colorado’s fault-based car insurance legislation, proving guilt is a necessity, as the person at fault for the accident is liable for damages. In a no-fault state, an insurance claim is handled differently.

You will get compensation from your own car insurance company after a motorcycle accident in a no-fault state, regardless of who was to blame for the accident. However, in Colorado, you or your lawyer must show guilt by a preponderance of the evidence. In general, there are four key aspects to showing responsibility.

You owed the at-fault person a duty of reasonable care. All drivers have a responsibility to keep motorcyclists and other road users safe.

The at-fault party failed to uphold their duty of care to you. You must show that the defendant violated their duty of care to you by an act or omission.

Your motorcycle accident was caused by the at-fault party’s breach of duty. You must show a causal relationship between the defendant’s breach of duty and your accident.

You received compensable losses as a result of the collision. Finally, you’ll have to prove that you sustained particular damages as a consequence of the motorcycle accident.

You will effectively show culpability in a Colorado Springs motorcycle accident lawsuit if you have evidence that proves these four components as more likely to be true than not true. Depending on the claim, proving culpability might be difficult.

If you don’t want to deal with preserving evidence or determining culpability, hire a lawyer to take care of these difficult legal matters for you. Years of expertise showing culpability to an insurance adjuster, court, and jury will be available to a lawyer.

What if the Defendant Attempts to Place the Blame on Me?

Due to motorcycle accident injuries’ severity and debilitating nature, defendants and insurance companies often contest injury claims to avoid expensive settlements and trial judgments.

Defendants typically deny guilt and attempt to blame the accident on the wounded cyclists. Our Colorado Springs accident lawyers are aware of these strategies and are prepared to conduct a comprehensive investigation into your accident and get vital evidence to support your claim.

Even if you were somewhat to blame for the accident, you might be able to receive compensation for your catastrophic injuries and losses.

Motorcyclists less than 50% at blame for an accident in Colorado are eligible for compensation under Colorado law. The amount of compensation they get is then decreased by the proportion of guilt they have. If you are determined to be 10% at blame for an accident, for example, your total injury compensation will be reduced by 10%.

Expert Testimony

Expert witnesses are crucial in many motorcycle accident cases, so finding a Colorado Springs motorcycle accident lawyer who knows how to work with local specialists is crucial. Medical experts may be called to testify about the severity of your injuries, your potential physical restrictions, and future medical expenses.

If your injuries are serious and affecting your capacity to work, financial specialists may be necessary to calculate lost future wages. Experts in accident reconstruction can aid in situations when there is a disagreement about who is to blame for a motorcycle accident.

Injuries Sustained in a Motorcycle Accident

Due to the lack of protection provided to motorcyclists in motorcycle accidents, the victim is more likely to sustain severe, catastrophic, or fatal injuries. In a collision, the chances of a motorcyclist suffering serious injuries are substantially greater than those of passengers in passenger cars.

In an accident, a car passenger has various sources of protection: a seat belt, an airbag, and the car’s metal shell. On the other hand, a motorcyclist has just clothes and – maybe – a helmet between him and the road. As a result, a typical motorcycle accident in Colorado Springs might result in several significant injuries to the rider.

Bone fractures

Back and spine problems

Fractures of the lower extremities

Injuries to the shoulder, arm, and elbow

Arm of a biker

Injuries to the muscles and soft tissues

Traumatic brain injuries

Skull fractures

Traumatic tattooing

Internal bleeding or organ damage

Road rash or cuts and scrapes

Injuries that result in death

Some of the injuries sustained in a motorcycle accident can last a lifetime. For example, a severe traumatic brain injury might result in long-term brain damage, such as memory loss or cognitive difficulties. Severe spinal cord damage might result in lifelong paralysis. If you or someone you know has suffered a catastrophic injury, it is very crucial to consult a Colorado Springs motorcycle accident attorney. Only a lawyer with the professional expertise to fight for maximum compensation will be able to fight for you if the injury may affect you for months or years to come.

Fatal Motorcycle Accidents

Our lawyers face some of the most challenging situations when it comes to wrongful death lawsuits. If you or other close family members lost a loved one in a motorcycle accident, you might be able to file a wrongful death claim against the at-fault party. Furthermore, if your loved one was injured or suffered property damage due to the motorcycle accident before dying, those losses may be recovered via a survival action.

Seek the advice of a skilled Colorado motorcycle accident lawyer.

Allow the attorneys at Warrior Motorcycle Accident Attorneys, to evaluate your case for free. You may be entitled to compensation for medical costs, missed earnings, and pain and suffering. However, no two cases are comparable.

As a Colorado driver with a motorcycle endorsement, you have the right to ride a motorcycle on Colorado’s highways, streets, and roads. Even whether you’re visiting the Sunshine State on vacation or a motorcycle trip, you have the same right to the road as everyone else.

If you’ve been injured in a motorcycle accident caused by a left hook that wasn’t your fault, call 719-300-1100 or contact us online immediately for a free case review. We never lose sight of our goal: to serve our clients’ best interests.

Our attorneys are kind experts who can assist clients in navigating through a tough period in their life. Ask the Colorado personal injury attorneys at Warrior Motorcycle Accident Attorneys,

whether they can assist you immediately instead of accepting low-ball settlement offers from insurance companies.

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