Navigating the Road Ahead: Understanding Motorcycle Accident Law

Your Essential Guide After a Motorcycle Accident

The open roads of Western Colorado call to motorcycle enthusiasts with their stunning landscapes and the promise of adventure. However, the freedom of the road comes with its risks. Motorcycle accidents can happen in an instant, leaving riders facing not only physical injuries but also complex legal challenges. That's where understanding motorcycle accident law becomes crucial, and Western Slope Law is here to help you recover and get back in the saddle.

Introduction to Motorcycle Accident Law

Motorcycle accident law falls under the broader category of personal injury law and deals with the legal rights and remedies involved in motorcycle accidents. Given the exposed nature of motorcycles, accidents often result in severe injuries, making it essential for riders to understand their legal rights and the steps to take to protect themselves legally and financially.

Immediate Steps After a Motorcycle Accident

Before diving into the complexities of motorcycle accident law, let's revisit the immediate steps you should take if you're involved in an accident:

1. Ensure Safety and Report the Accident: Prioritize the safety of yourself and others, and report the accident to the authorities.

2. Document Everything: From photos of the scene to detailed notes about the incident. Don't admit fault. If the at-fault driver admits fault, make a note of it immediately and tell any responding police officers. If you're unable to speak with an officer at the scene, you can call them up when you're well enough to do so. Get the names of any witnesses to the crash, or make sure the police do so.

3. Seek Medical Attention: Always get a thorough medical examination following an accident. Injuries can be hidden, and it's not unusual to feel worse the next day. Go to the hospital, urgent care, or even your primary care doctor as soon as you can.

4. Consult a Motorcycle Accident Lawyer: Before dealing with insurance companies, consult with a lawyer who specializes in motorcycle accidents so that your rights are protected.

Key Considerations in Motorcycle Accident Law

Fault and Liability: Understanding who is at fault is a cornerstone of motorcycle accident claims. Many motorcycle accidents in Colorado are the result of car and truck drivers who fail to keep a proper lookout for motorcyclists and abruptly change lanes in a motorcycle's right of way. Drivers of other vehicles likewise have a tendency to blame drivers of motorcycles even when they do nothing wrong. We're experienced in dealing with these biases and tactics. And, regardless, Colorado operates under a modified comparative negligence rule, meaning you can still recover damages even if partially at fault, as long as your fault percentage of total fault for the crash is less than 51%.

Insurance Claims vs. Personal Injury Lawsuits: Navigating an insurance claim against the liability policy of the at-fault driver is often the first step, but if a fair settlement cannot be reached, pursuing a personal injury lawsuit might be necessary. Your lawyer will guide you through this process, ensuring you understand all your options.

Damages and Compensation: Compensation in motorcycle accident cases can cover wide range of losses, including medical expenses, lost wages, loss of earning capacity, pain and suffering, and more. The expertise of your lawyer in proving these damages is crucial to the success of your claim and maximizing the amount of any settlement.

Why Choose Western Slope Law for Your Motorcycle Accident Case?

Personalized Legal Strategy: At Western Slope Law, we understand that each motorcycle accident case is unique. We craft personalized legal strategies that address the specific circumstances and needs of your case. We've successfully handled a number of motorcycle accident cases, and we know how to establish the at-fault driver's liability and disarm the biases against motorcyclists. More importantly, we know how to talk so insurance companies will listen.

Expert Negotiators and Litigators: With extensive experience in both negotiation and litigation, we're equipped to fight for the best possible outcome, whether at the negotiating table or in the courtroom. We limit the number of cases we handle, we litigate every case as if it were our own, and our results speak for themselves. We like big settlements and jury verdicts at Western Slope Law. We've handled motorcycle accident cases that resulted in multi-million dollar recoveries for our clients. Our goal is to make the process as smooth as possible for you, while securing life-changing compensation for you and your loved ones. Approximately 97% of the cases we take result in a favorable settlement for our clients. And for the ones that don't settle, we end up winning most of those at trial for an amount higher than our clients were willing to settle for. We aim to be the best, we work hard toward this goal every day, and if you see us in action, you'll be glad that we represent you and not the defendant.

Commitment to Your Recovery: Our commitment extends beyond the courtroom. We're dedicated to your overall recovery, offering support and guidance through every step of your legal journey. Our clients always come first, which is why you can expect that your calls and emails will be responded to promptly. Helping you get a big settlement doesn't hurt either.

Common Questions Answered

What is the statute of limitations for motorcycle accidents?
Generally speaking, the statute of limitations for motorcycle accidents in Colorado is three years from the date of the accident. But there are exceptions. If you have been injured in a motorcycle accident, it's important to speak with an experienced attorney as soon as possible to protect your rights.

What can I do if the at-fault driver's insurance company isn't offering enough?
The liability insurance company for an at-fault driver is in the business of paying out as little as possible to injured victims like you. Insurance companies view the claims department as a faucet that is better left shut off. Insurance companies know that injured people without a lawyer often settle their claims for far less than those who have a lawyer. There are many reasons for this. One reason is that a good lawyer who is experienced with personal injury and insurance cases will know how to work up your claim in a way that maximizes its settlement value. This often includes hiring an engineer or other expert to establish the liability of the at-fault driver while minimizing your own liability. It includes gathering all of your medical records and bills, making sure you get the right treatment, and presenting them to the insurance company. But perhaps more importantly, insurance companies know that individuals without a lawyer often don't have the leverage to take the next step and file a lawsuit if the settlement offer is too low. We've seen countless cases where an individual tried to handle a claim on their own and ended up settling for far less than we likely could have recovered for them. Additionally, we can't count the number of times where an insurance company has said that it won't pay any more and ends up paying a LOT more after our clients retain us. Call us for a free consultation. If we don't think we can add value to your case, we'll tell you up front.

What if the other driver doesn't have insurance?
All drivers in Colorado are required to carry at least $25,000 in per-person liability coverage with an aggregate total of $50,000 in coverage. Despite this requirement, many motorists carry no insurance at all. Uninsured motorist coverage can offer protection in these cases, but navigating these claims can be complex for the unversed. Legal guidance is invaluable in seeking compensation under your insurance policy. We've spent our careers litigating accident and insurance cases, and if there's coverage potentially available, we'll find it. We've handled dozens of cases where it appeared as if there was only a small amount of insurance coverage, only for us to uncover another applicable insurance policy with additional (and higher) limits available to our clients.

How can I prove my injuries were caused by the motorcycle accident?
Documentation is key—medical records, expert testimony, and detailed evidence collection are crucial in establishing the link between the accident and your injuries. If you choose us to represent you, we will gather your medical records, retain the right experts to establish liability and damages if appropriate, present your claim for settlement with a comprehensive demand explaining and documenting every aspect of your damages and the at-fault driver's liability, and if the insurance company doesn't want to settle, they know that we'll go to trial and do everything we can to make them pay. They also know our track record of big recoveries, our reputation, that we play to win, and that more often than not we do so.

Start Your Legal Journey with Western Slope Law

Understanding motorcycle accident law is the first step in protecting your rights after an accident. With Western Slope Law by your side, you'll have an experienced litigator ready to navigate the complexities of your case. We're not just lawyers; we're your advocates, dedicated to achieving the justice and compensation you deserve.

If you're dealing with the aftermath of a motorcycle accident in Western Colorado, don't face it alone. Contact Western Slope Law today for a free consultation, and let us help you on the road to recovery.