Denver Motorcycle Accident Lawyer
Fighting For Motorcycle Accident Victims in Colorado
As motorcycles continue to grow in popularity, the number of accidents involving motorcyclists is rising.
Motorcyclists are particularly vulnerable. They are far more likely than operators of other motor vehicles to suffer traumatic injuries and even fatalities. Reckless or dangerous drivers are often to blame for these accidents.
Motorcycle accident victims are entitled to recover financial compensation from the party responsible for their injuries. Contact the motorcycle accident attorneys at the Tenge Law Firm LLC, serving Boulder, Fort Collins, Denver, & surrounding Colorado areas, if you have recently been injured in a motorcycle accident.
Our Denver motorcycle accident attorney has the experience and in-depth knowledge necessary to obtain top dollar for you and your family. Call (720) 818-9044 today.
Common Causes of Motorcycle Accidents
Every motorcycle accident is different, but there are several common factors that can influence how your injuries were caused and who you can file a claim against.
The first and foremost cause is negligent drivers. Drivers often disregard the safety of motorcyclists and do not know how to drive properly around them.
A negligent driver may:
- Drive at unsafe speeds
- Tailgate motorcyclists
- Box a motorcyclist in against other vehicles
- Commit a DUI
- Brake suddenly and cause a motorcycle to collide with the rear bumper
- Fail to check blind spots while changing lanes, pushing a driver into safety rails or off the road
- Drive distracted or drowsy, which makes it harder for them to react to their surroundings
While drivers are the primary cause of accidents, motorcycle crashes can also be attributed to other parties.
Motorcycles are complex vehicles that require consistent maintenance & reliable engineering to function properly. Some single-vehicle crashes can be the fault of a mechanical failure, such as a faulty brake system or gears that lock up.
In some cases, this can be the fault of the rider for not repairing a bike, but many times accidents have been attributed to either a negligent manufacturer who designed the motorcycle incorrectly or a maintenance crew who improperly repaired the bike.
In addition to negligent drivers, manufacturers, & mechanics, your injuries may be the fault of Denver Public Works. This agency is required to repair & maintain all roadways, including fixing potholes, replacing burned-out streetlamps, replacing damaged signs & traffic lights, and generally ensuring the roads are safe to use.
If your bike struck debris or a pothole, leading to a collision, you may be able to file a claim if the agency committed negligence in maintaining the roads.
Common Motorcycle Accident Injuries
Motorcyclists lack the protection of a car or truck. Therefore, when they collide with a car or truck, they are at a higher risk of suffering a traumatic injury, including:
- Neck & back injury
- Brain injury
- Spinal cord injury
- Disfiguring injury
- Paralysis
- Broken bones
- Severe road rash
If you have been injured or lost a loved one in a motorcycle accident, contact attorney J. Todd Tenge, serving Boulder, Denver, Fort Collins, & surrounding areas, to schedule a free consultation.
If the accident was not your fault, you may be entitled to recover financial compensation for your loss.
The Costs of Serious Injuries in Motorcycle Accidents
Because motorcyclists are so vulnerable on the road, they regularly sustain severe or catastrophic injuries. The initial pain and stress of dealing with an injury can be difficult enough, but motorcycle accident victims often experience lasting expenses and effects of their injuries—sometimes, for the rest of their lives. Properly taking action against negligent parties is critical to recovering full compensation for all of a motorcycle accident victim’s past & future losses. The following are some common damages in motorcycle accident cases.
- Medical bills – Motorcyclists often sustain severe traumatic injuries that need immediate medical care. Many motorcyclists are transported via ambulance or even a medical helicopter straight to the hospital due to the severity of their condition. Even if emergency transport is not needed, accident victims may still need to head straight to the emergency room for an evaluation & treatment. Emergency trauma care can be costly, but that is often nothing compared to the medical bills that will pile up. Motorcycle accident victims may need to be hospitalized, may require surgeries, & may need many follow-up appointments, physical therapy, medications, & more.
- Future medical care – Many catastrophic injuries require ongoing medical care long after an insurance claim or lawsuit is resolved. Just because you have not yet incurred these expenses does not mean that you should recover compensation for these losses. However, estimating future medical expenses during the course of your expected lifetime can present a serious challenge. Often, this can require the analysis of a medical professional who fully understands the nature & extent of future treatment you will require. A professional will consider any ongoing therapy, home healthcare, medical equipment replacements, medications, & other treatments that are typically necessary for the type of injury you sustained.
- Lost income – Motorcycle accident victims may have to miss work for several reasons. First, if you are in the hospital or recovering from surgery, you will obviously not be able to go to work each day. You may need to take time off work to attend doctor appointments or physical therapy. Even a few hours of lost income can affect your monthly budget. In addition, some injuries cause physical limitations that make it impossible for you to perform your job. For instance, a back injury can make heavy lifting or other physical work impossible. You may have to stay home from work until you are able to complete your job duties again.
- Future lost earnings – Some catastrophic injuries result in permanent disabilities that can keep you from ever being able to perform your job again. If you work in construction & suffer a spinal cord injury & permanent paralysis, it will likely be impossible for you to perform heavy construction work from a wheelchair. If you work as a physician or researcher, cognitive impairments from a traumatic brain injury may prevent you from returning to the job. Even if you can find a different job, it may pay far less & may require a change from your chosen profession. Some people may never work again & may rely on disability benefits. You deserve compensation for any earning capacity you lost for the rest of your expected working years.
- Pain & suffering – Anyone who has suffered a serious injury knows the physical pain that can come along with traumatic injuries. Pain medication often cannot mask the pain & may have its own serious side effects. For people with lasting injuries, the pain can persist indefinitely. Furthermore, dealing with a sudden, unexpected, life-changing injury can cause emotional suffering, as well. Accidents themselves can be highly traumatic & may result in post-traumatic stress disorder (PTSD) or other mental conditions. You deserve to recover compensation for all the physical & emotional pain and suffering you experienced.
- Permanent disability – As mentioned, many motorcycle accident injuries can result in permanent disabilities & impairments. Paralysis, brain damage, amputations, & more can affect nearly every aspect of your life. Even a knee or leg injury can prevent you from ever playing sports or engaging in activities you once loved. Dealing with a permanent disability can be difficult & can result in a significant loss of enjoyment of life. It can also keep you from working or even caring for yourself.
- Permanent disfigurement – Many motorcycle injuries can be permanently disfiguring. Limbs may be crushed & may need to be amputated. If a motorcyclist hits the ground with their face, they may suffer severe dental damage, facial injuries, & more that can permanently change the way their face looks. Burns often cause severe disfigurement. Permanent disfigurement can not only change your abilities, but may also affect your professional and/or personal life in many ways. If you worked as a model or actor and had your face disfigured, you may not be able to work in that industry anymore. The same may be true for an artist or handy person who has their hand amputated. Disfigurement can also result in social anxiety, changes in relationships, depression, and much more.
Calculating & proving your full damages after a severe motorcycle injury can prove difficult. At the Tenge Law Firm LLC, we work to ensure that all of your past & future losses are accounted for, whether they are financial losses or intangible damages.
But to do that, we will need to launch an in-depth investigation and account for specific pieces of evidence to support your claim for compensation.
Contact us today to get started with our motorcycle accident attorney in Denver.
Evidence in Motorcycle Accidents
Motorcycle accidents can be extremely complex, but there are common pieces of evidence that can support your claim. Like car accidents, cases involving motorcycle collisions may require the following evidence to build a strong case:
- Police Reports: When speaking to the police after an accident, it is important to only state the facts. Police officers can be biased against motorcyclists and can indicate liability and fault in their reports. That is why you should avoid admitting any traffic violations or personal opinions and only provide factual details.
- Medical Records: Your initial check-up after an accident and treatment plan will go a long way to proving your injuries. You will also want to be well into recovery before filing a claim so that your attorney can include all related medical expenses and future costs into your claim. Make sure to see a doctor who understands how to treat motorcycle accident victims, as they will have a better grasp on the full extent of your injuries.
- Witness Statements: We understand it can be difficult to collect witness statements immediately following an accident, but having a friend or family member collect witness information may prove useful down the line. In addition, if your accident was outside a popular business, staff may be able to provide statements afterward.
- Photos of the Accident: Taking photos can also be difficult if you are severely injured, but even photos of the road, damage to your bike, and the other vehicle can prove helpful.
- Surveillance Footage: Local businesses, traffic lights, and ATMs may have cameras that captured the collision. Your attorney can work to collect this footage during an in-depth investigation.
- Accident Reconstructionist Reports: Your attorney can also contact an accident reconstructionist, who can use witness statements, police reports, photos, and footage to clearly reconstruct the events of the accident and determine who is liable for your injuries.
While these pieces of evidence are relevant in any vehicle collision, motorcycle accidents also have a few ways of supporting a claim, including:
- Damage to Your Bike: Scrapping or repairing your bike after an accident can be a major mistake. Car paint can scrape off onto your bike during a collision, showing where the driver struck you. Damage to the frame and mechanical components can also show how fast the other driver was traveling and how they caused your injuries. It is best to store your bike after an accident until an expert can review it.
- Clothing/Protective Gear: Throwing out or washing your clothing is also a mistake. Clothing & protective gear may also collect car paint and impact damage that shows how a vehicle hit you and the extent of your injuries. Seal your clothing & gear in airtight bags after an accident to keep them preserved.
- Driving Records: Your personal driving records can help show that you have a history of driving safely and obeying the law, which is important when dealing with insurance adjusters who try to pin blame on you.
- GoPro Footage: Some bikers have taken to recording their rides on a GoPro attached to their helmets, allowing them to share footage later. This footage should be collected immediately after an accident and shown to your attorney, who can determine how relevant it is to your case.
Frequently Asked Questions
What Should I Do If I Am Involved in a Motorcycle Accident?
If you're involved in a motorcycle accident in Denver, ensure you're safe from further harm. Call 911 to report the accident and obtain medical attention, even if injuries are not immediately apparent. Gather evidence from the scene, such as photos and contact information for witnesses. Avoid making statements regarding fault, as these can impact your legal claims. It's essential to contact a motorcycle accident attorney in Denver to discuss the accident and your options for compensation for your injuries and damages.
How Is Fault Determined in a Motorcycle Accident?
Fault in motorcycle accidents is typically determined based on negligence. Investigators will examine evidence from the accident scene, witness statements, and police reports. In some cases, crash reconstruction experts might be employed to reconstruct the sequence of events. Colorado's comparative negligence laws mean you can still recover damages even if you are partially at fault, provided your share of the fault is less than 50%.
What Types of Compensation Can I Seek After a Motorcycle Accident?
Victims of motorcycle accidents can seek various types of compensation, including medical expenses, both past and future, lost wages, and rehabilitation costs. You might also claim damages for pain and suffering, emotional distress, and in severe cases, loss of companionship or quality of life. Speaking with a motorcycle accident lawyer in Denver can help you understand the full scope of compensation you may be entitled to receive.
Why Is It Important to Hire a Denver-Based Motorcycle Accident Lawyer?
Hiring a Denver-based motorcycle accident attorney for your motorcycle accident claim is crucial, given their familiarity with local laws, courts, and procedures. A local attorney will better understand geographic-specific risks and traffic conditions unique to Denver that can influence your case. Furthermore, they are more accessible for consultations and responsive to your needs throughout the legal process.
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 & 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 healthcare professional 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 understands 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 & experienced attorney, you will have a better shot at receiving compensation.
Contact Our Motorcycle Accident Attorney in Denver Today
It is in a victim’s best interests to seek the legal counsel of an experienced motorcycle accident lawyer as soon as possible after the accident. At the Tenge Law Firm LLC, our talented legal team can start an in-depth investigation of the accident and, based on the findings, recover compensation.
In addition to shouldering the legal burdens, we can also get you in contact with healthcare professionals, so you can receive the best treatment available for your injuries.
With nearly 20 years of experience handling motorcycle accident claims, our founder J. Todd Tenge is a leading Denver personal injury attorney. You can trust that he and his legal team will thoroughly investigate your accident and build a strong case for compensation.
Call us at (720) 818-9044 to schedule a free consultation with our motorcycle accident lawyers in Denver.
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$1,475,000 Auto accident with head, neck and back injuries
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