Motorcycle Accident Lawyers Denver, Colorado

Motorcycle Laws in Colorado

Colorado has specific motorcycle laws in place that are intended to keep riders and other motorists safe. Unfortunately, motorcycle accidents still happen.

However, even if you have violated one of these laws, you are still entitled to compensation, but you will need the aid of a skilled attorney.

At the Tenge Law Firm, LLC, our experienced Denver motorcycle accident attorney knows the ins and outs of Colorado motorcycle laws, and he can represent your rights to help you get the compensation to which you may be entitled.

Motorcycle laws vary in every state. If you plan on riding your motorcycle in Colorado, it’s important to be familiar with the Colorado laws.

Some of the most important laws to recognize are:

• Protective gear requirements – Riders who are age 18 and older are not required to wear helmets in Colorado, however every rider, whether a driver or passenger and no matter how old, must wear some form of eye protection.
• Passenger protocols – In order to legally carry a passenger on a motorcycle in Colorado, your bike must be equipped with passenger footrests, and they must be utilized. Additionally, passengers can only ride behind the driver or in a side-car. It is illegal for a passenger to sit in front of the driver.
• Traffic laws – As a motorcyclist, you are required to obey all of the same traffic laws as other motorists on Colorado roadways. Specific laws for motorcyclists to consider are those dealing with sharing lanes. Overtaking or passing a vehicle in the same lane is illegal, however motorcyclists can still share lanes and “co-ride” with other motorcycles. Additionally, ‘clinging’ is illegal, which includes grabbing onto another motorcycle or vehicle, especially towing.

Complying with these laws not only keeps you safe on the road but also increases your chances of receiving proper compensation if you are in an accident.

Colorado is a comparative negligence state, meaning that multiple parties can be found at fault for an accident, including the victim.

That means, if your case goes to trial, a jury may assign partial blame to you if any of your actions contributed to the accident or your injuries.

For example, if you were struck by a car while lane-changing, the jury may assign 30% of the fault to you.

This means that the total amount of compensation you receive may be reduced to 70%. 

If you are found primarily at fault for the accident, meaning you were assigned more than 50% of the blame, you will be barred from pursuing compensation.

Comparative negligence laws may only apply to jury trials, but insurance companies will try to use any traffic violation against you during negotiating.

They often do this to intimidate motorcycle accident victims into accepting low-ball settlements because they know juries can be influenced by motorcycle bias.

Motorcycle Bias

Motorcycle bias is the concept that motorcycles—and, by association, their riders—are inherently more dangerous and likely to violate the law.

While this bias is often used by parents to keep their teenagers from purchasing a motorcycle when they turn 18, it can also have a role in your claim.

During settlement negotiations, insurance adjusters may try to use bias to devalue your claim or deny coverage for an accident altogether.

Common ways an insurance adjuster will devalue a claim include:

• Stating that a motorcyclist caused an accident, such as by lane-splitting, speeding, or otherwise driving recklessly
• Stating a motorcyclist suffered the injury in another incident unrelated to the accident
• Claiming that motorcyclist’s medical records are insufficient and asking them to see a specialist who may discredit the injuries
• Citing driving records and a history of violations

Motorcycle bias can also come up before negotiations, even so far back as the accident itself. Police officers may assign blame to riders before an investigation is complete.

In turn, medical providers may devalue your claim.

That is why it is important to collect the correct evidence during your claim to support your injuries and demonstrate the other driver was at fault.

In addition, you will want to see a medical doctor who specializes in motorcycle accident injuries so you can receive a proper treatment plan that takes into account all of your wounds.

Fighting motorcycle bias is not an easy task on your own, but with a knowledgeable and experienced attorney, you will have a better shot at receiving compensation.