Colorado Motorcycle Accident Lawyer
Crash resistance is lower on motorcycles because of their inherent design. There is less room for maneuverability because of the lack of four-wheeled stability and visibility. Driving a car or truck requires different abilities and knowledge than operating a motorcycle. When it comes to the safety of motorcycle riders and their passengers, weather and road conditions are far more of a threat than other motorists’ recklessness.
Motorcycle Accident Statistics
These are the latest statistics on motorcycle accidents from the Federal Highway Administration, the National Highway Traffic Safety Administration, and the U.S. Department of Transportation:
Motorcyclist Injuries and Accidents 2010-2019
- 2010 – 82,000
- 2011 – 82,000
- 2012 – 93,000
- 2013 – 89,000
- 2014 – 92,000
- 2015 – 89,000
- 2016 – 104,000
- 2017 – 89,000
- 2018 – 82,000
- 2019 – 84,000
Motorcycle Fatalities 2010-2019
- 2010 – 4,518
- 2011 – 4,630
- 2012 – 4,986
- 2013 – 4,692
- 2014 – 4,594
- 2015 – 5,029
- 2016 – 5,337
- 2017 – 5,226
- 2018 – 5,038
- 2019 – 5,014
A helmet is your best defense in a severe motorcycle accident. The DOT strongly advises all drivers to wear an FMVSS 218-compliant helmet. This emblem is on the helmet’s outer back. Snell and ANSI labels inside the helmet certify compliance. How to pick the right helmet for you
Leather or denim motorcycle arm and leg protection. It also keeps you hydrated. Ankle-protecting shoes and boots are required, as are thick gloves. Wearing bright colors will help you stand out.
He knows the rules and won’t take any chances. Obedience to traffic signals, speed limits, lane markings, and signals to change lanes. Defend. Most motorcycle-car collisions occur due to driver inattention. Caution is advised at intersections, yielding to pedestrians and other traffic. When riding at night or in low light, wear reflective clothing and turn on your headlight frequently.
Drunk or high-speed drivers may be unable to operate their vehicle’s throttle, shift gears, or think clearly. Drowsiness is a common side effect of many drugs that affect alertness. What will other drivers or pedestrians do? So never ride a motorcycle drunk. You’ll be in trouble if you don’t.
How to File a Motorcycle Accident Claim
Most motorcycle accidents are due to “negligence.” Unscrupulous behavior that harms others is negligent. Injuries to other drivers, passengers, or pedestrians are prohibited. If a driver is negligent and injures someone, the driver is liable. (Learn about careless driving.)
Often, another driver is at fault. Negligent driving (for example, failing to check mirrors before making a left-hand turn) is another example of negligent driving.
Of course, the rider may be careless. For example, an intoxicated cyclist who crashes into a car may be held liable for the passengers’ injuries. Learn about common motorcycle accident causes.
Several factors must be considered to litigate a case successfully. A settlement can cover injuries, property damage, pain and suffering, and other damages. Here is what you should do to file a claim:
Obtain a police report.
You must prove that another driver was negligent and should be held accountable for your accident. If you request a police report after an accident, it should be available. After the incident, you may have received police business cards. Call the number on the card for assistance. Don’t worry; your lawyer can help you later if you get stuck here.
For compensation, injuries and medical bills must be documented.
To win a case, a driver’s negligence must be proven. The most important thing is to see a doctor and get your injuries diagnosed. A work-related accident, for example, may prevent you from attending a social event later in the week. Don’t go overboard and keep track of your medical bills.
Save your helmet and gear.
Keep your helmet and leather jacket as proof of the accident’s severity and possible long-term consequences. Consider keeping it on hand even if you don’t need it.
Have a proven personal injury attorney.
Finally, find a legal team with the knowledge and zeal to win your case. Contact a motorcycle accident lawyer for a free consultation to learn more. Stay off of social media and refuse to sign anything insurers send you. Dealing now may prevent a later deal.
Prepare for a viable position.
With a lawyer’s help and ample information, your team should succeed. You won’t have to deal with the insurance company or other parties. You have a better chance of getting a good settlement or verdict if you have the right information and a good lawyer on your side.
Motorcycle Accident Compensation
Motorcycle accidents are more likely to be caused by circumstances beyond the rider’s control than their own fault. On the other hand, insurance companies quickly blame riders for single-bike accidents. Your claim hinges on proving your innocence. If the rider was negligent, only the passenger might have a claim. However, the rider’s insurance may not fully cover your losses.
The level of government in charge may depend on the location and severity of the injuries. To determine whether you have a third-party claim, you must conduct a thorough investigation quickly. To sue a municipality, you must show that they were aware of the problem. If you can prove that the city knew or should have known about the issue, your lawyer may be able to help you.
There are two valuations for motorcycle injury claims: settlement and trial. A lawsuit’s settlement value is the amount expected if the case is resolved. Because you settle to avoid a trial, the settlement value is lower than the trial value. A lawsuit is worth two birds in one hand.
What you can expect to win at trial is referred to as trial value. Consider the relationship between a settlement value and a trial value.
Assume you believe a jury would award you $100,000 if you won your case at trial, but you only have a 20% chance of winning. In this case, you may want to settle for less than $20,000. (i.e., 20% of the expected trial value). A case’s settlement value is often less than the trial value multiplied by the expected probability of success. You settled the lawsuit for less money to avoid a trial loss.
There are two types of personal injury damage:
- Quantifiable damages (usually referred to as “special damages”)
- Incalculable losses such as pain and suffering
Special damages include lost wages and the plaintiff’s earning capacity in the past, present, and future. They are dollar-based so that they can be calculated to the nearest dollar.
There is no exact way to measure pain and suffering. Pain and suffering have no monetary value. A jury cannot use a chart to determine an award amount. As a result, judges often tell jurors to use their common sense, knowledge, and experience to figure out how much pain and suffering a plaintiff has had.
Contact Us Today if You Have Been in a Motorcycle Accident.
Motorcyclists who have been injured or whose property has been damaged in an accident may seek the help of a lawyer to recoup their losses. Victims of motorcycle accidents are welcome at the Law Offices of JC Pit Martin, P.C. Contact us today, and we will do everything we can to protect your legal rights.