What Does a Denver Motorcycle Accident Lawyer Do?
you’re cruising down the streets of Denver on your motorcycle, the wind in your hair, the sun on your skin, and the freedom of the open road beneath your wheels. Suddenly, that idyllic ride is shattered by the screech of tires and the impact of metal on metal. You’re left injured, your motorcycle damaged, and your life changed in an instant. Who do you turn to in such a situation? A Denver motorcycle accident lawyer, of course. But what exactly does such a lawyer do and how can they help you navigate the aftermath of a motorcycle accident? Let’s explore what a Denver motorcycle accident lawyer does and how they can be of assistance in such situations.
Short Summary
● A Denver motorcycle accident lawyer can investigate an incident, negotiate with insurance companies and represent clients in court.
● Motorcycle accident victims may be eligible for various forms of compensation such as medical expenses, lost wages and pain & suffering.
● It is important to seek legal counsel soon after the incident to protect your rights when selecting a Denver motorcycle accident lawyer.
The Role of a Denver Motorcycle Accident Lawyer
Navigating the aftermath of a motorcycle accident can be daunting, especially when you’re dealing with injuries, medical bills, and the emotional trauma of the incident. This is where a Denver motorcycle accident lawyer, also known as a Denver motorcycle accident attorney, steps in. These legal professionals, including Denver motorcycle accident attorneys, are trained to assist individuals who have been involved in a motorcycle accident by conducting an investigation, negotiating with insurance companies, and representing the victim in court proceedings.
Typically, calls regarding motorcycle accidents are not from the individuals involved, but rather from their family and friends. Regardless of who makes the call, the ultimate goal remains the same: to ensure that the victim receives full compensation for their losses.
Investigating Accidents
A motorcycle accident is a chaotic event, and piecing together what happened can be challenging, especially when you’re also trying to recover from injuries. That’s where the investigative skills of a Denver motorcycle accident lawyer come into play. Carrying out an investigation involves interviewing witnesses, gathering evidence, and examining the scene to ascertain the source of the incident.
The lawyer will perform the following tasks:
- Inspect the vehicles involved
- Document the damage
- Collect pertinent information from the vehicles, such as speed, braking, and other data
- Analyze the scene, looking for clues like skid marks, debris, and other evidence that could help determine the cause of the crash.
Negotiating with Insurance Companies
Insurance companies can be tough to deal with, especially when you’re trying to recover from a motorcycle accident. They may require a substantial amount of time to process the claim and may eventually deny any reported injuries or medical bills. This is why you need an experienced Denver motorcycle accident lawyer on your side.
Your lawyer will:
- Prepare supporting evidence
- Calculate a suitable settlement amount
- Negotiate with the insurance company to ensure that you get the compensation you deserve
They will also be aware of any lowball initial offers the insurance company may make in an attempt to settle quickly and economically and will work to get you a reasonable settlement.
Representing Clients in Court
Sometimes, negotiations with insurance companies may not result in a satisfactory settlement. In such situations, your Denver motorcycle accident lawyer will be ready to represent you in court. This involves:
- Filing pleadings
- Conducting discovery
- Presenting evidence
- Advocating for your rights
The aim is to present a robust case that accurately illustrates the severity of your injuries and proves the defendant’s liability. Your lawyer will manage the jury selection process and present convincing evidence on your behalf to ensure that you get the compensation you’re entitled to.
Overcoming Bias Against Motorcyclists
Motorcycle riders often face an uphill battle when it comes to securing compensation for motorcycle crashes. They often encounter significant prejudice from drivers and insurance carriers, with a perception that motorcycles are inherently hazardous, leading to motorcyclists being held accountable for accidents. This can significantly affect their chances of getting a fair settlement.
A Denver motorcycle accident lawyer can:
- Work to counter this bias
- Provide the necessary evidence to prove liability
- Help insurance carriers and personal injury juries overcome any preconceived bias against motorcyclists.
Determining Liability in a Motorcycle Accident
Establishing who is at fault in a motorcycle accident is a critical step in securing compensation. The individual or entity responsible for the motorcycle accident will typically be held liable. This could include other drivers, manufacturers, or government entities.
Proving liability involves demonstrating the existence of a duty of care, a breach of that duty, cause, and damages. Your Denver motorcycle accident lawyer will gather evidence, including police reports, witness statements, expert testimony, photographs, and videos, to prove negligence and establish liability.
Types of Compensation Available for Motorcycle Accident Victims
If you’ve been involved in a motorcycle accident, you’re likely facing a myriad of costs. From medical expenses and lost wages to property damage and pain and suffering, the financial impact of motorcycle accident injuries can be significant. The good news is, if you’re a victim of a motorcycle accident, you may be eligible for various forms of compensation, including:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
The types of compensation you may be eligible for can include medical expenses, lost wages, property damage, and pain and suffering. The amount you’re entitled to will depend on the severity of your injuries, the duration of your recovery, the level of pain and suffering you’ve endured, and whether there was any shared responsibility for the accident.
Colorado Motorcycle Laws and Regulations
When you’re a motorcyclist, it’s essential to be aware of the laws and regulations that govern your ride. In Colorado, motorcycle drivers must comply with the same traffic regulations as other motor vehicle operators and a valid license is necessary to operate a motorcycle.
In addition to licensing requirements, Colorado has specific insurance requirements for motorcyclists. A liability policy with minimum coverage amounts is required, and optional coverage may be available to cover expenses that may arise from a motorcycle crash.
In terms of safety equipment, helmets are mandatory for riders under 18 years old, but there is no statewide helmet law for all riders.
Statute of Limitations for Motorcycle Accident Claims in Colorado
Time is of the essence when it comes to filing a motorcycle accident claim. In Denver, Colorado, the statute of limitations for filing a motorcycle accident claim is three years from the date of the injury. This means that if you don’t file your claim within this time frame, you may lose your right to compensation.
However, there are some exceptions to this rule. For example, if the accident involves a government entity, the applicable statute of limitations may vary. Given these complexities, it’s imperative to contact a motorcycle accident lawyer in Denver as soon as possible after an accident.
Proving Negligence in Motorcycle Accident Cases
In any motorcycle accident case, proving negligence is crucial. Negligence is a legal principle that seeks to provide monetary compensation to those who have been injured due to the negligence or recklessness of others. To prove negligence, it is necessary to establish duty of care, breach of duty, cause, and damages.
Various forms of evidence that can be used to prove negligence in a motorcycle accident case include:
- Police report
- Accident reconstruction
- Eyewitness statements
- Expert testimony
- Photographs and videos
- Medical records
- Cell phone records
Your Denver motorcycle accident lawyer will gather all this evidence and build a strong case to prove negligence.
Partial Fault and Comparative Negligence in Colorado
In some cases, a victim of a motorcycle accident may be partly at fault. In Colorado, the law allows for what is known as “modified comparative negligence”, which means that victims may be eligible to receive compensation for damages as long as their own negligence is not equal to or greater than the defendant’s.
However, any degree of negligence on the part of the victim will reduce the amount of compensation they can recover. If you’re found to be partly at fault, your Denver motorcycle accident lawyer will work to minimize your level of fault and maximize your compensation.
Tips for Protecting Your Rights After a Motorcycle Accident
Experiencing a motorcycle accident can be a traumatic event, and it’s crucial to know how to protect your rights afterwards. The first and most essential step is to seek medical attention promptly. This not only ensures that your injuries, including any potential traumatic brain injury, are treated, but it also provides documentation of your injuries, which can be crucial for your claim.
Additionally, documenting the scene of the accident can provide valuable evidence for your case. Here are some steps to follow.
- Take pictures of the scene, the vehicles involved, and any visible injuries.
- Get contact and insurance information from any eyewitnesses.
- Remember, never admit fault or apologize for the accident as this could be used against you in a legal setting.
Choosing the Right Denver Motorcycle Accident Lawyer
Choosing the right lawyer to represent you in a motorcycle accident case is crucial. When selecting a Denver motorcycle accident lawyer, consider factors such as experience, reputation, and communication style. Look for a lawyer who has a strong record in dealing with similar cases and is familiar with the applicable laws and regulations.
They should also have the resources and experience necessary to obtain evidence, interview witnesses, and negotiate with insurance companies.
Choosing the right lawyer to represent you in a motorcycle accident case is crucial. When selecting a Denver motorcycle accident lawyer, consider factors such as experience, reputation, and communication style. Look for a lawyer who has a strong record in dealing with similar cases and is familiar with the applicable laws and regulations.
They should also have the resources and experience necessary to obtain evidence, interview witnesses, and negotiate with insurance companies.
Summary
In summary, navigating the aftermath of a motorcycle accident can be a complex and daunting process. From investigating the accident and negotiating with insurance companies to representing you in court and overcoming bias against motorcyclists, a Denver motorcycle accident lawyer can play a crucial role in ensuring you get the compensation you deserve.
Remember, time is of the essence when it comes to filing a motorcycle accident claim. With the statute of limitations in Colorado being three years from the date of the injury, it’s imperative to contact a motorcycle accident lawyer as soon as possible. So, if you’re ever involved in a motorcycle accident, don’t hesitate to reach out to a qualified and experienced Denver motorcycle accident lawyer.
Frequently Asked Questions
Who is responsible for most motorcycle accidents?
Car drivers are commonly held responsible for most motorcycle accidents, as both motorists’ actions are considered when determining fault.
However, motorcyclists can also be at fault in some cases. For example, if a motorcyclist is speeding or not following the rules of the road, they can be held liable for damages.
What is the role of a Denver motorcycle accident lawyer?
A Denver motorcycle accident lawyer provides critical assistance to victims of accidents by conducting investigations, negotiating with insurance companies and representing them in court.
They can help victims understand their rights and ensure that they receive the compensation they deserve. They can also provide advice on how to protect oneself from future accidents. Additionally, they can provide guidance on how to handle the aftermath.
What are the biases faced by motorcyclists in Denver and Colorado?
Motorcyclists in Denver and Colorado often experience bias from drivers and insurance carriers due to a perception of motorcycles as hazardous, resulting in them being held accountable for accidents.
This bias can lead to higher insurance premiums, difficulty finding coverage, and even denial of claims. Motorcyclists are often seen as reckless and irresponsible, and this can lead to unfair treatment from drivers and insurance companies.
What is the statute of limitations for motorcycle accident claims in Colorado?
In Colorado, the statute of limitations for motorcycle accident claims is three years from the date of the injury.
How is negligence proven in a motorcycle accident case?
In order to prove negligence in a motorcycle accident case, it is necessary to demonstrate that a duty of care was owed, that this duty was breached, that the breach caused the damages suffered, and that those damages actually occurred.
To prove a duty of care was owed, the plaintiff must show that the defendant had a legal obligation to act in a certain way. This obligation is based on the relationship between the parties, the nature of the activity, and the circumstances of the case.