Motorcycle Accident Attorney Near Me

Motorcycle Accident Attorney Near Me

Written by Jeremy D. Earle, JD

April 3, 2023

Motorcycle Accident Attorney in Colorado Springs

In Colorado, people like riding their bikes. Our broad highways, which offer everything from seaside vistas to sugar cane fields, are designed for adventure. When you ride a motorcycle, you get to experience all of the noises and scents that you wouldn’t receive in a car. Unfortunately, riding a motorcycle comes with its own set of dangers.

In 2017, there were 504 motorcycle deaths in Colorado and 5,172 motorcycle fatalities in the United States, according to preliminary figures. Even though this figure is down from 2016, motorcycle riders remain more likely than other motorists to be killed in accidents.

Motorcycles come in various styles, including street (two- and three-wheeled), off-road, and dual- purpose. Each model differs somewhat in terms of stability, performance, rider vision, and handling. In addition, as compared to cars, all forms of motorcycles demand the rider to be more agile, coordinated, and situationally aware while driving.

Riders are more prone to harm since they have less protection. Motorcycles are much smaller than cars, and as a result, they are much less visible, increasing the risks of an accident. Accidents are common in inclement weather, between twilight and morning, and at crossroads. The opposite motorist often fails to see the motorcycle.

Motorcycle accidents often result in serious, even fatal, injuries. Whether you or a loved one has been hurt in a motorcycle accident, the committed lawyers at Warrior Motorcycle Accident Attorneys, can work with you to see if you are eligible for compensation.

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Motorcycle Laws in Colorado: A Quick Overview

According to Colorado law, a motorcycle is defined as a car with no more than three wheels that are propelled by a motor or engine and have a displacement of no more than 50 cubic centimeters. The rider is also provided with a seat and saddle.

Tractors, tricycles, and mopeds are not included in the definition. Colorado motorcycle regulations have a wide range of subjects, including car and helmet requirements and traffic restrictions. Motorcyclists must be insured and obey all traffic regulations.

Motorcycle recommendation: Colorado motorcycle drivers must obtain a motorcycle endorsement on their driver’s license to ride a motorcycle with an engine bigger than 50cc legally. Drivers must pass the Basic RiderCourse (BRC) or Basic RiderCourse updated (BRCu) motorcycle safety course to get the endorsement.

Riders must also be at least 16 years old, have no traffic offences in the previous year (if under 18), have a standard Class E driver’s license, and finish the Basic Rider Course.

It is possible to earn a motorcycle endorsement without possessing a driver’s license by completing the relevant classes. Only motorcycles will be permitted to be driven with this sort of license.

If you have a motorcycle endorsement on your driver’s license from another state (excluding Alabama), Colorado will accept it. Alabama motorcycle endorsements will only be accepted in Colorado if the driver also confirms the completion of the required training programs A driver who causes their motorcycle’s wheels to lose touch with the ground while in operation commits a moving infraction unless circumstances beyond the operator’s control cause the loss of contact.

Helmet legislation: Under Colorado law, motorcycle drivers over 21 are not obliged to wear a helmet if they have at least $10,000 in medical coverage on their insurance policy.

Riding two abreast: Riding two abreast is permissible, and other motorists must let riders utilize the whole lane.

It is not legal to ride a motorcycle in between lanes of traffic. Riders are also not allowed to overtake cars in the same lane.

All motorcyclists must utilize a daylight headlight, according to Colorado Statute 316.405.

Turn signals and mirrors: At least one rearview mirror is required on all bikes. Turn signals must also work according to the legislation.

Eye protection: Under Colorado Statute 316.405, motorcyclists must wear eye protection at all times.

Handlebar height: The handlebars must not extend higher than the rider’s shoulders when sitting on a motorcycle.

Helmet speakers: Earphones are prohibited, but helmet speakers are allowed for communication. Colorado’s Insurance Requirements for Motorcyclists

Motorcycle riders in Colorado are required to have two types of insurance. Riders over the age of 21 who prefer to ride without a helmet must have a minimum of $10,000 in medical insurance coverage. Motorcyclists are also obliged to have liability insurance, whether or whether they wear a helmet. Riders must have at least $20,000 in total bodily injury insurance, $10,000 in property damage and bodily injury per person, and a single event liability limit of at least $30,000.

Colorado Motorcycles have the right to use the whole road.

Like all other car drivers, Colorado motorcyclists must follow the regulations of the road. Motorcycle riders must observe all traffic signals and are not permitted to weave in and out of traffic. When stopping, slowing, or turning on a motorcycle, motorcyclists may utilize hand gestures to make themselves more apparent, even if the motorcycle’s indicator lights are difficult to see.

In addition to respecting the regulations of the road, Motorcycle drivers enjoy the same privileges as other drivers. Other motorists must allow motorcycles to utilize the whole lane. Motorcycles are also not allowed to travel between lanes of traffic. However, they are allowed to go two abreast with another motorcycle.

Motorcycle Accident Liability

A motorcyclist may be eligible for compensation if they are harmed in an accident in Colorado caused by someone else’s negligence. A biker must establish that the other driver was negligent to win damages in a personal injury claim. “Negligence is doing something that a fairly cautious person would not do under similar circumstances or failing to do something that a reasonably careful person would do under similar circumstances,” according to the Colorado Jury Instruction.

What if the motorcyclist partially caused the collision? A biker in Colorado is entitled to compensation even if they are more than 51 per cent at fault. Colorado, on the other hand, adheres to the legal idea of comparative culpability. This indicates that the wounded motorcyclist’s damages are reduced due to the rider’s negligence. As a result, if the court finds the motorcyclist to be 25% at blame, the motorcyclist’s compensation is reduced by 25%.

When driving or riding a motorcycle without wearing a helmet, a rider’s capacity to claim damages if injured in an accident may be harmed. If you did not wear a helmet and sustained a major head injury due to your accident, the court or a jury will have to decide whether your choice not to wear a helmet contributed to any portion of your damage.

Motorcycle Accidents: What Causes Them?

Motorcycle collisions may occur in a variety of ways. The following are some of the most prevalent causes:

Driving when inebriated. Drunk or drugged driving may result in fatal accidents as well as civil and criminal liabilities. Approximately half of all motorcycle accidents are caused by someone driving while intoxicated. The use of alcohol or drugs causes many car accidents. On the other hand, motorcyclists are more susceptible and hence more likely to be gravely wounded.

Speeding. Speeding reduces a driver’s ability to see and respond to other drivers. In general, the

more serious the injuries caused by a collision, the greater the speed at which it happens.

Accidents involving left turns. Cars making left-hand turns account for 42% of all motorcycle-car collisions. Typically, an car collides with a motorcycle when it passes, attempts to overtake the car, or travels through an intersection.

Dangerous lane changes. Due to the tiny size of motorcycles, a motorist who fails to check their blind area or indicate while changing lanes may miss the motorcycle and cause an accident.

Car doors. A motorist sitting in a parked car may fail to see an approaching

motorcycle and open their car door, striking the rider or causing an accident.

Splitting lanes. In Colorado, riding a motorcycle between two lanes of traffic is banned. And novice

motorcyclists are particularly vulnerable to this tactic.

Sudden halts. Another car following a motorcycle too closely or suddenly stopping might inflict severe or fatal injury to the biker.

Drivers who are inexperienced. New drivers may drive cautiously initially, but as time passes, they often begin to make risky decisions on the road that jeopardize themselves and other drivers.

Dangerous driving conditions Motorcycles are more vulnerable to road dangers than other types of cars. Potholes, trash, irregularities, and unexpected items on the road might cause them to crash since they are smaller and less stable.

Defects in motorcycles. The manufacturer is responsible for the damages caused by a faulty component in a motorcycle accident in Colorado.

Collisions involving motorcycles and stationary objects. When a motorcycle collides with a stationary object, such as a tree or a median, the rider is more likely to be ejected from the car and sustain catastrophic injuries.

Injuries Involved in Motorcycle Accidents

Even though motorcycle safety equipment has improved throughout time, a rider on a motorcycle is still not as well protected as a driver in a car. Motorcyclists are 27 times more likely than car passengers to die in an accident. Motorcycle accidents may result in serious or long-term injuries, such as:

  • Head injuries
  • Back injuries
  • Neck injuries
  • Bone fractures
  • Sprains and breaks
  • Partial or total paralysis
  • Traumatic brain injury
  • Leg or arm injuries
  • Traumatic spinal cord injury
  • Serious head, neck, or back injuries
  • Wrongful death
  • Various skin abrasions, burns, or cuts

Damages: Financial Reimbursement for Your Injuries

You might be eligible for compensation if you were hurt in a motorcycle accident that wasn’t your fault. There are three different sorts of losses. Damages for economic, non-economic, and punitive damages are the three types of damages.

You are compensated for direct financial loss via economic damages. Economic loss damages include:

  • the expense of current and future medical treatment
  • lost income
  • loss of future earning ability
  • property damage
  • the cost of domestic services, such as hiring a lawn service or house cleaners while you recuperate.
  • Non-economic damages are more difficult to measure since they are more subjective. The following are examples of non-economic loss damages:
  • Physical or mental anguish and suffering.
  • physical disability or disfigurement
  • loss of pleasure of activities
  • loss of enjoyment of life
  • loss of consortium or companionship

In personal injury lawsuits, punitive damages are frequently granted. They are meant to penalize the defendant for inflicting injury on purpose.

Call a Motorcycle Crash Lawyer Near You After a Motorcycle Accident

The essential thing after a motorcycle accident is to look after your health and safety.

If you do not call 911, you should still contact the police. Move to a safe place, examine yourself and others for injuries, then call 911 for urgent aid from a medical expert or ambulance. They’ll look into the situation and create a police report, which you’ll need if you decide to bring a lawsuit later.

Collect as much information as possible from the other party and any other witnesses to the collision. Photograph the damage to your motorcycle, your injuries, the other car’s damage, skid marks, debris at the site, and the surrounding area if feasible. Take images from a variety of perspectives.

If at all possible, preserve the clothes you were wearing, as well as your damaged motorcycle and helmet.

Copies of all medical records, insurance information, and other paperwork should be made. Contact a motorcycle accident lawyer straight away if you’ve been in a motorcycle accident. There are deadlines for submitting claims, known as statutes of limitations, so don’t wait.

If you or a loved one has been injured in a motorcycle accident, an experienced and well-respected attorney may be able to assist you in recovering damages. Warrior Motorcycle Accident Attorneys can be reached online or by phone at 719-300-1100 for additional information or book a free consultation . We’re here to assist you.

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