BOULDER MOTORCYCLE ACCIDENT LAWYERS
CALL (800) 863-5312 TO SPEAK WITH A BOULDER MOTORCYCLE ACCIDENT LAWYER
According to the Colorado Department of Transportation (CDOT), as of September, there had already been 100 motorcycle fatalities to date in 2020. This is a 12% increase from 2019 where there were only 89 total deaths as the result of a motorcycle accident at this same time last year. Thankfully Boulder County did not make the list for the top three counties with the highest rate of motorcycle deaths. The top counties are El Paso, Adams, and Jefferson.
The last thing a recovering victim needs is the burden of filing a claim and going up against insurance companies all on his or her own. Allow an experienced attorney to fight for your best interests and help you seek the maximum compensation you may be entitled to. Our attorneys at Zinda Law Group may be able to help.
Common Causes of a Motorcycle Accident
A few of the common causes of motorcycle accidents include, but are not limited to:
- Operating a motorcycle while under the influence
- Lane splitting
- Dangerous road conditions
- Break defects or other manufacturing defects
- Unsafe lane changes
Read More: Boulder Car Accident Lawyers
Common Injuries After a Motorcycle Accident
Injuries after a motorcycle accident can range from mild to severe. The severity of your injuries depends on several factors, such as how fast you and the person who hit you were going, what type of motorcycle you were on, and what type of safety gear you were wearing. A few common injuries after a motorcycle accident include, but are not limited to:
- Traumatic brain injuries (TBI)
- Spinal injuries
- Internal injuries
- Injuries to the lower limbs and arms
- Cuts, scrapes, and bruises
- Road rash
- Emotional trauma
- In severe cases, sometimes death
Who is at Fault after a Motorcycle Accident?
In a negligence claim, the victim must show the responsible party breached a duty they owed you. Generally, motorcycle operators owe a general duty to act as an objectively reasonable person would. This includes obeying rules of the road, such as following the speed limit, not driving while under the influence, and operating your motorcycle safely. However, the duty owed to you may be different depending on the circumstances of your claim or the relationship between you and the responsible party.
The responsible party in a motorcycle accident claim may be another driver, the entity responsible for keeping the roadways safe, the manufacturer of the motorcycle, a repair shop that may have had control over a certain component of your bike, or even the victim themselves.
If the victim was partially responsible for the accident, then this may affect their ability to recover compensation. Under Colorado law, if a person bringing a claim for compensation is 50% or more responsible for their injury, then they will not be able to recover damages. Only where the victim is less than 50% responsible may they still receive compensation for their injuries.
What to do After a Motorcycle Accident
These four easy steps may help guide you through what to do if you have been involved in a motorcycle accident in Boulder:
1. Seek Medical Attention
No matter what, the most important thing to do before filing a motorcycle accident claim is to seek medical attention for any bodily injuries. This is important first and foremost because we want to encourage everyone to receive the treatment they need for their injuries. Second, receiving professional medical treatment can make a big difference in your claim because a doctor can create an official record of your injuries and treatment plan.
2. Call the Police
Calling the police to the scene of an accident is always important. This hinges on you being coherent and safe enough to do so. If you are severely injured, you may not be able to call the police yourself. However, medical staff or other bystanders may take the liberty of doing it for you. Calling the police to the scene to give them the details of what happened shortly after you have been hit has a lot of benefits. First, your memory recall will be better. Second, they can create an official report that can be used as evidence.
3. Document Thoroughly
Documentation in any personal injury claim is always helpful. Insurance companies may have a lot of questions once you decide to file a claim after an accident. Document anything and everything you can by taking photos, making notes, and speaking with any eyewitnesses who might have seen the person who hit you. This documentation will help you paint an accurate and consistent picture of what happened.
4. Speak with an Attorney
Having an attorney with experience with motorcycle accident cases is the best way to protect yourself from being taken advantage of. An attorney may be able to help open a claim with your insurance carrier and negotiate compensation.
Compensation in a Motorcycle Accident Claim
There are two types of compensation a person may be eligible to receive for a personal injury claim. These two types are economic compensation and non-economic compensation. Economic compensation is for medical bills and lost wages. They are referred to as “economic” because you can easily quantify them. Non-economic damages are compensation for pain and suffering, loss of enjoyment of life, and other emotionally based damages.
To calculate the amount you are owed, insurance adjusters will typically take your medical bills, which they refer to as “special damages,” and multiply it by a number anywhere between one and five to represent your pain and suffering, which they refer to as “general damages.” The multiplier is based upon the severity of your injuries.
How much is My Claim Worth?
Without knowing the details of your accident and injuries it’s difficult to determine how much compensation you may be entitled to. Every accident is different, but having an experienced attorney may help you get the compensation you deserve based upon the detailed facts of your individual claim.
Statute of Limitations
Time is a key factor in filing a motorcycle accident claim. Under Colorado law, you have three years from the date of injury to file a motor vehicle claim. This could be different depending on whether you are filing a traditional personal injury claim, a wrongful death claim, or even a claim on behalf of or by a minor.
In a typical personal injury lawsuit, the clock starts ticking on the statute of limitations the second you are injured, not when you decide you want to sue for those injuries. However, wrongful death suits are a little bit different. The clock starts ticking on a wrongful death action once the party bringing the suit has discovered, or should have discovered with reasonable diligence, the cause of death of the victim. In Colorado, you have two years from the day you have discovered or should have discovered the death of the victim to file a lawsuit. After two years, you are likely to be barred from recovery.
How Zinda Law Group may Help
Suffering an injury after an accident can be overwhelming. The last thing that any victim needs is the burden of haggling with an insurance company about money. Having an attorney may be able to lighten this burden and may increase your chances of receiving the maximum compensation. Our attorneys at Zinda Law Group have the experience to negotiate effectively with insurance companies. If you are not extended a settlement offer that feels right to you, our team has the tools to advise you on your options going forward. These options include filing a lawsuit or even going to trial.
Our Boulder injury lawyers at Zinda Law Group help victims get their lives back on track after suffering an injury by helping them build a strong case against the responsible party. Victims should not have to worry about affording high-quality legal representation. The attorneys at Zinda Law Group work on a contingency fee basis. This means that you don’t owe us anything until we win your case. Call our office today at (800) 863-5312 to speak with a personal injury lawyer for free about your claim.
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