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Accident Victims Obtain Compensation After Consulting with a Denver Motorcycle Crash Attorney
Riding a motorcycle is a practical and fun way to travel. Unfortunately, motorcycles provide almost no protection if you are involved in an accident. To learn more about how to recover compensation after a motorcycle accident, or for help making a claim, contact a Denver motorcycle crash lawyer at Levine Law today.
Colorado Law Protects Injured Motorcyclists
Under Colorado law, when a motorcycle accident is caused by driver negligence, the irresponsible driver can be held legally liable and must compensate the accident victims. A Denver motorcycle crash lawyer from our firm will work diligently on behalf of injured motorcyclists to help them seek their due damages.
What Leads to Denver Motorcycle Crashes?
Motorcycles and drivers of passenger cars are expected to share the road in a safe way and obey the same traffic laws. Unfortunately, drivers often do not see motorcycles or do not know how to safely share the road with them, leading to disaster.
Common causes of motorcycle accidents include:
- Drivers failing to yield to motorcycle riders
- Drivers misjudging the speed that motorcyclists travel
- Drivers coming too close to motorcycle riders and not maintaining a safe following distance
- Distracted, drunk, or drowsy drivers not paying attention to motorcycle riders
- Motorcycle riders splitting lanes or driving too close to passenger vehicles
- Speeding on the part of the motorcycle rider or the driver
While motorcycle riders certainly make mistakes, often it is the inability or unwillingness of passenger car drivers to share the road that leads to an accident.
Injuries Motorcyclists Receive in An Accident
Given the size and weight of the vehicle in comparison to the motorcycle, bikers often suffer very serious injuries when a car vs. motorcycle accident occurs. Some of the most common injuries include:
- Broken bones
- Eye injuries
- Facial injuries and disfigurement
- Limb amputations
- Road Rash
- Skull fractures
- Spinal cord injuries
- Traumatic brain injuries
These types of injuries can be physically and emotionally devastating and often require long-term medical care. In the worst-case situations, a collision between a vehicle and a motorcycle can result in the death of the rider.
Our Denver Motorcycle Crash Attorney Explains How Fault Will be Considered in Your Claim
1. Traffic Violations are Not Complete Bars to Financial Recovery
Contrary to popular belief, if you are injured while violating a motorcycle safety law or other traffic safety law (i.e. if you were speeding at the time of the accident), this does not serve as a complete bar to financial recovery. While a safety law violation may be considered evidence of negligence, (i) your violation may or may not have contributed to your accident or injuries, and (ii) even if you were negligent, you may still be entitled to a partial recovery.
2. Colorado Follows the Rule of “Modified Comparative Fault”
This right to a partial recovery exists under Colorado’s law of “modified comparative fault.” In Colorado, as long as you are less than 50 percent at fault in an accident, you can still seek financial compensation for your injuries. However, your recovery will be reduced by your percentage of fault. So, for example, if you are deemed 25 percent at fault for passing within another vehicle’s lane, you would still be entitled to collect 75 percent of your accident-related losses.
3. Safety Law Violations are Not Necessarily Evidence of Fault
Let’s say you were riding your motorcycle without proper eye protection at the time of your accident. Let’s also say that you were relatively lucky, and your only injuries were road rash and a broken bone in your leg. In this case, you would likely have a strong argument that your failure to wear eye protection is irrelevant to your claim for compensation.
4. Colorado’s Motorcycle Safety Laws
We have already mentioned a couple of Colorado’s motorcycle safety laws; but, as a rider, it is important to be aware of all of the laws that govern your use of the public roads. Colorado’s motorcycle safety laws include:
- Helmets – DOT-approved helmets are required for riders under the age of 18.
- Eye protection – All riders must wear eye protection. Options include helmet visors, goggles, and glasses made with safety glass or plastic.
- Passengers – Passengers must always ride on a seat behind the driver and they must use passenger foot pegs at all times.
- Lane sharing – Colorado law does not permit motorcycle riders to pass a vehicle in the same lane (also known as “lane sharing” or “lane splitting”). However, up to two motorcycles may ride side by side in the same lane.
Take Legal Action: Contact a Denver Motorcycle Crash Lawyer Today
When a motorcycle accident occurs because a driver breaks the rules of the road or acts carelessly, that driver can be held legally liable for his actions. Liable drivers can be made to compensate the accident victim for medical costs, lost wages, pain and suffering, emotional distress and other damages. If the motorcycle accident was fatal, then surviving family members can sue for wrongful death damages.
To successfully obtain compensation, the injured motorcyclist must prove negligence and show that the other driver was at fault. An experienced accident lawyer at Levine Law can help you gather the proof you need to build a strong case. Our attorneys have more than 20 years of experience representing injured victims in motorcycle and auto accidents.