What Compensation Is Recoverable in a Motorcycle Accident Claim?
Depending on the circumstances of the crash and the severity of the injuries, plaintiffs may be entitled to various forms of compensation in a motorcycle accident claim. Our lawyer can assess every avenue for financial recovery to pursue a comprehensive settlement that covers your current and future care needs.
Common types of recoverable damages include:
- Medical expenses. This includes treatment costs, hospital stays, medications, rehabilitation, and ongoing medical care.
- Property damage. This covers repair or replacement costs for the motorcycle, gear, and other personal belongings that were damaged in the accident.
- Pain and suffering. This covers physical discomfort and limitations caused by an injury, such as reduced mobility or the inability to perform everyday activities.
- Lost wages. Victims may be compensated for lost income due to time away from work and for any reduction in future earning capacity caused by the injuries.
- Loss of enjoyment of life. This covers the impacts of the injuries on your ability to participate in activities and experiences that you once enjoyed.
- Loss of consortium or companionship. This compensates for the effects of an injury or death on close relationships (usually with a spouse or family member).
How Long Do I Have to File a Motorcycle Accident Claim in Colorado?
In Colorado, the statute of limitations for motorcycle accident claims is generally three years from the date of the accident (C.R.S. § 13-80-101). However, this only applies to injuries arising from the use or operation of a motor vehicle. If the accident caused a wrongful death, the two-year statute applies unless the death resulted from a hit-and-run accident, which extends the statute to four years (C.R.S. § 13-80-102, § 13-80-102(2)).
Failure to file within the correct timeframe can bar you from recovering compensation, making it critical to have a knowledgeable injury attorney on your side. Our firm can help you gather time-sensitive evidence, coordinate communications with insurers or other parties, and file a timely claim within the appropriate deadline to maintain eligibility for damages and navigate the legal process efficiently.
Do I Have a Valid Motorcycle Accident Claim?
Injured motorcyclists may be entitled to compensation when an accident is caused by another’s negligence, such as speeding, tailgating, distracted driving, drunk driving (DUI), failing to yield the right of way, or failing to check blind spots before turning or changing lanes.
To successfully establish liability, the injured party (plaintiff) is responsible for demonstrating the following elements:
- Duty of care. The at-fault party (defendant) owed you a duty of care, such as respecting traffic laws and operating their vehicle responsibly.
- Breach of duty. The defendant breached their duty by acting negligently, such as running a stop sign or red light.
- Causation. The defendant’s negligence directly caused the accident and your resulting injuries.
- Damages. You suffered actual harm or damages as a result of the breach.
Our attorney has a deep understanding of these legal nuances to help you identify responsible parties, gather evidence, and meet the burden of proof in your claim.
Who Is Liable for a Motorcycle Accident?
Depending on the circumstances of the case, various parties may be liable for damages in a motorcycle accident claim. We can meticulously investigate the accident to identify responsible individuals or entities and fight to hold them accountable. Some potentially liable parties include:
- Other motorists. Other drivers may be liable for damages if their negligence contributed to the accident, such as failing to check for motorcyclists before turning into oncoming traffic.
- Government entities. If the accident was caused by debris, potholes, missing signage, or other poor road conditions, the government entity responsible for maintaining safe roadways may be liable.
- Commercial employers. If the accident involved a negligent commercial driver, such as an Uber or Lyft employee or truck operator, their employer may share liability for damages.
- Manufacturers. If the motorcycle accident was caused by a faulty part or defective equipment, the manufacturer of the vehicle may be responsible for damages.
I Was in a Motorcycle Crash on East Colfax Avenue. Can I Recover Compensation if I Wasn’t Wearing a Helmet?
Colorado uses a modified comparative negligence system, meaning plaintiffs can seek damages in a motorcycle accident claim as long as they are less than 50% at fault for the accident. However, any compensation awarded will be reduced in proportion to your share of the fault.
State law requires DOT-approved helmets for motorcycle riders and passengers who are under 18. Eye protection is also required for all motorcycle riders and passengers, regardless of age. Even if you were lawfully riding without a helmet, this can still affect your claim if the insurance company argues that it contributed to the severity of your injuries.
Our legal team is well versed in these tactics to shield you from undue blame and present clear, convincing evidence of liability. We can analyze the specific circumstances of your crash, gather supporting evidence, and work diligently to recover a settlement that reflects the full extent of your injuries.
I Was in a Left-Turn Motorcycle Accident on I-25. Will My Case Go to Trial?
Most cases are settled out of court, especially when the evidence clearly shows a driver made a dangerous or improper turn. However, some cases may proceed to litigation if the insurance company disputes fault, minimizes your injuries, or refuses to offer a fair settlement.
If you were injured in a left-turn accident on I-25, we can conduct a thorough investigation and fight for a settlement that reflects your actual losses. We prepare every case as if it will be presented to a jury. If the insurer won’t take responsibility, we never hesitate to proceed to litigation and advocate for full compensation.
Recovering from a wrongful injury can be overwhelming, but you don’t have to do it alone. Contact us online to discuss your case with our skilled injury lawyer.
