The Denver motorcycle accident lawyers of the Bendinelli Law Firm understand the risk motorcycle riders face each time they ride their motorcycle. Our attorneys also understand the unique challenges of filing a motorcycle injury claim.
We stand with motorcyclists and fight to protect their legal right to fair and just compensation after motorcycle accidents. Our Denver injury lawyers are prepared to go up against large insurance companies who seek to undervalue and deny valid motorcycle accident claims.
Call our office at 1-800-ATTORNEY to schedule your free consultation with one of our Denver motorcycle accident lawyers.
Motorcycles Accidents Can Cause Traumatic Injuries
Unfortunately, a motorcycle does not offer the same level of protection for a rider that a car or truck offers to occupants. There are no airbags, seat belts, or other safety equipment to protect the rider like there would be during a car accident. In many cases, the rider’s body receives the full force of the impact. The result can be catastrophic and life-threatening injuries to motorcycle riders.
Common motorcycle injuries include:
- Broken bones and fractures
- Road rash and lacerations
- Skull fractures
- Traumatic brain injuries
- Hand, knee, elbow, and ankle injuries
- Neck and back injuries
- Spinal cord injuries and paralysis
- Internal organ damage
- Chest injuries
- Crushing injuries
Immediate medical treatment may be necessary to save the motorcyclist’s life or prevent injuries from becoming worse. If you do not go to the emergency room from the accident scene, see your doctor as soon as possible. Delays in medical care give insurance companies another reason to deny or undervalue your motorcycle accident claim.
Remember that you are entitled to compensation for your medical expense, loss of income, permanent impairments, physical pain, loss of enjoyment of life, mental anguish, emotional distress, and other damages.
How Will An Attorney Help After A Denver Motorcycle Crash?
Motorcycle accidents in Denver often become very complex personal injury cases. One reason for this is that police officers, insurance carriers, and even personal injury juries often have a bias against motorcyclists. This can be a problem for a motorcyclist working to secure full compensation for their losses. However, a Denver motorcycle accident lawyer will be an advocate on behalf of the cyclist. An attorney can use their resources to handle every aspect of these cases.
The role of a Denver motorcycle accident lawyer will be to:
- Gather all evidence necessary to prove liability, including accident reports, statements from eyewitnesses, video or photo surveillance from the scene, etc.
- Ensure that their client is evaluated by a trusted medical professional who can treat their injuries and help calculate total expected losses.
- Enlist the assistance of economic and financial experts to properly calculate current and future expected losses.
- Handle all communication with other parties involved, including negotiations with insurance carriers or the other party’s legal team.
- Fully prepare to take the case to trial if necessary to ensure that the injured motorcyclist is treated fairly.
How Often Do Motorcycle Accidents Occur in Denver?
When we turn to data available from the Colorado Department of Transportation, we can see that motorcycle fatalities and injuries have increased upward over the last few years. In fact, during a recent reporting year in Colorado, 23% of all traffic fatalities in the state were the result of a motorcycle collision, despite representing only 3% of vehicles involved in crashes. By September 2020, motorcycle accident fatalities were already up 12% from the year prior.
Most Common Causes Of Motorcycle Crashes in Denver
Motorcycle collisions in Denver occur due to a wide variety of causes. Often, the motorcycle accident lawyers at the Bendinelli Law Firm discover that these incidents are caused by the careless or negligent actions of drivers in traditional passenger vehicles. Some of the most common causes of these collisions include drivers:
- Following motorcyclists too closely
- Recklessly passing motorcyclists
- Disregarding red lights or stop signs
- Failing to yield the right of way to a motorcyclist
- Operating while impaired by alcohol or drugs
- Operating while distracted by phones or other devices
In addition to Denver motorcycle accidents caused by the negligence of other drivers, we also know that motorcyclists are more susceptible to accidents caused by roadway hazards. These hazards can include the typical types of debris on the roadway, such as trees or animals. However, this also regularly includes hazards created by construction companies or government workers. This can include unfinished roadways, poorly finished roadways, unmarked detours, unmarked construction areas, roadway dips, and more.
Deadline to File a Motorcycle Accident in Denver, Colorado
Motorcyclists in Denver need to be aware that they have a limited amount of time to file a lawsuit after an accident occurs. The Colorado personal injury statute of limitations is two years from the date an injury occurs. This means that motorcycle accident victims have a two-year window with which to file a lawsuit against the alleged negligent driver in their case. If they fail to file a lawsuit within this time frame, they may not be able to recover any compensation at all.
However, we do need to point out that insurance carriers do not have this type of two-year limit. In general, the reporting deadlines put in place by insurance carriers are very short, often within a day or two after the accident occurs. Failing to report an accident to the respective insurance carriers soon after the incident could result in the claim being delayed or denied. We strongly recommend working with a skilled Denver motorcycle accident lawyer as soon as possible so that your claim can get filed correctly.
Compensation After a Denver Motorcycle Accident
There may be various types of compensation available to motorcycle accident victims in Denver. This can include both economic and non-economic compensation. At the Bendinelli Law Firm, our Denver motorcycle accident lawyers are regularly able to help clients recover the following:
- Complete coverage of their medical bills
- Coverage of any physical therapy or rehabilitation needed
- Compensation for prescription medications or medical devices
- Lost income if they cannot work while they recover
- General household out-of-pocket expenses
- Pain and suffering damages
- Loss of enjoyment of life damages
The total amount of compensation available in these cases will vary depending on the facts and circ*mstances surrounding each particular situation. There is no set amount of money awarded to motorcycle accident victims. Some of the factors that can affect how much compensation an injured motorcyclist receives include:
- The severity of the injuries
- How much property damage occurred
- Whether or not a motorcyclist can work while they recover
- The level of the victim’s pain and suffering
- Whether or not there was any shared fault
What if The Motorcyclist is Partially At Fault?
Our motorcycle accident lawyers in Denver are often asked what happens if a motorcyclist is partially responsible for causing the crash. Will they still be able to recover any compensation?
The good news is that Colorado operates under a “modified comparative negligence” system. This means that accident victims can still recover compensation if they are partially at fault, so long as they are not 50% or more responsible for their own injuries. If they are 50% or more responsible, they will not be able to recover any compensation. However, any party that is 49% or less at fault for their injuries can still recover compensation, though the total amount they receive will be reduced based on their percentage of fault.
For example, suppose George is rear-ended while he is at a stop sign on his motorcycle and sustains a head injury that results in $100,000 worth of medical bills. In general, we would find that George would be entitled to the full amount of compensation because he was rear-ended. However, let us suppose that George’s brake light was malfunctioning. In this scenario, it is entirely possible that a personal injury jury would find George partially responsible for the incident because of the equipment malfunction. If a jury determines that George was 20% responsible, then he would receive $80,000 instead of the full $100,000 to account for his percentage of the fault
Dealing with Insurance Companies
Insurance companies try to lower the value of all accident claims. They are more concerned with their profits than the accident victims. However, insurance companies can be incredibly challenging to deal with regarding motorcycle accident claims.
The insurance company uses delays in medical care to allege that the motorcycle accident did not cause your injuries. It may also try to shift blame to you to avoid paying the claim. The companies know that many people believe the untrue stereotypes of motorcyclists being reckless and careless drivers.
Defense attorneys often use stereotypes to argue that the rider contributed to the cause of the motorcycle crash. If the jury believes the defense, your compensation could be reduced significantly.
Call Our Denver Motorcycle Accident Lawyers Today
At the Bendinelli Law Firm in Colorado, our lawyers understand the tactics insurance companies use to cheat motorcyclists out of the money they deserve after an accident. We fight even harder than the insurance company to protect our clients’ best interests.
We also have the skills, resources, and experience necessary to handle complicated motorcycle accident cases, and will work with you and your medical team to document your injuries and damages to maximize your recovery.
Our goal is for you to concentrate on recovering from your injuries and returning to your day-to-day life, while our attorneys take care of the legal issues and deal with the insurance companies on your behalf.
Hire a motorcycle accident lawyer today. We’re Denver’s most trusted motorcycle injury attorney.
The good news is that Colorado operates under a “modified comparative negligence” system. This means that accident victims can still recover compensation if they are partially at fault, so long as they are not 50% or more responsible for their own injuries. If they are 50% or more responsible, they will not be able to recover any compensation. However, any party that is 49% or less at fault for their injuries can still recover compensation, though the total amount they receive will be reduced based on their percentage of fault." } }]}
