Riding a motorcycle in Colorado can give you a sense of freedom that you don't get with driving a car. Unfortunately, sharing the road with other cars, SUVs, and trucks can put motorcycle riders at risk of serious injury. When a car and motorcycle get into an accident, the motorcycle rider almost always pays a higher price. Even if the driver caused the accident, the injured motorcycle rider may have an uphill battle trying to get compensation.
When another driver causes an injury accident, the motorcycle rider may be able to file a lawsuit for damages. A personal injury claim can help you recover medical expenses, lost wages, and replace your damaged motorcycle. At Mandelaris Law, LLC, we fight for motorcycle riders to get the maximum compensation after an accident.
Motorcycle Accidents in Colorado
According to the National Highway Traffic Safety Administration (NHTSA), 4,985 motorcyclists were killed in crashes in 2018. There were 103 motorcycle rider fatalities in Colorado alone in 2018. There is a higher rate of serious injury or fatality for motorcycles compared to cars. Cars, trucks, vans, and SUVs have so many safety features that protect the driver and passengers in the event of an accident. Motorcycles do not have significant safety protections aside from the use of a helmet.
Common Causes of Motorcycle Accidents
Accidents involving motorcycles can be caused by the motorcycle rider's negligence, dangerous road conditions, or even a defective motorcycle part. However, most motorcycle accidents are caused by negligent drivers who are not watching out for motorcycles on the road. Common causes of motorcycle accidents in Colorado and the U.S. include:
- Impaired drivers
- Distracted drivers
- Drowsy driving
- Drivers not checking side mirrors
- Drivers not checking their blind spot
- Tailgating motorcyclists
- Drivers pulling out in front of motorcyclists
- Drivers not watching for motorcycles when making a left-hand turn
- Hazardous weather conditions
- Drivers passing too closely to motorcycles
- Uneven road surfaces
- Drivers miscalculating speed
- Road debris
Who is Responsible for a Motorcycle Accident?
When a driver breaks a traffic law or breaches their duty of care in causing an accident, the driver may be liable for any damages. Even if the motorcycle rider is partly responsible for causing the accident, the motorcyclist may still be able to recover partial damages, reduced by their percentage of fault.
For example, There is an accident involving a motorcycle and a driver. The motorcycle rider suffered $100,000 in injuries. A jury determines that a driver was 80% responsible for causing an accident and the motorcycle rider was 20% responsible. The motorcycle rider may be able to recover $80,000 in damages from the driver.
A motorcycle accident may also involve a claim against the motorcycle company or equipment manufacturer. A defective part could cause an accident or increase the risk of injury to riders. For example, a faulty tire could cause a blowout or a defective helmet may not protect the rider in an accident. Under Colorado product liability laws, the manufacturer or distributor may be liable for a defective motorcycle part.
Motorcycle Rider Injuries in an Accident
Motorcycle accident injuries can range from minor scrapes and bruises to much more serious, permanent injury or death. Motorcycle accident injuries may include:
- Broken bones
- Brain injury
- Neck injury
- Back injury
- Loss of a limb
- Road rash
- Internal injuries
- Burn injuries
- Facial trauma
In a minor accident, the motorcycle rider may not notice any serious injuries. However, neck, head, and brain injuries can take time to show up as symptoms. The injury victim may go home and wake up the next day with serious pain, confusion, dizziness, or tingling in the extremities. If there is any risk of an injury after an accident, seek medical attention.
In rural parts of Colorado, where many motorcycle riders like to ride on the weekends, emergency medical response time may be much longer than in the city. Delays in medical treatment can increase the damage done in a motorcycle accident and increase the risk that an injury will be fatal.
Damages in a Motorcycle Accident Lawsuit
The consequences of a motorcycle accident can be long-lasting and costly. Filing a personal injury claim will allow you to seek damages for your losses. Damages in a motorcycle accident can include:
- Medical bills,
- Loss of income,
- Loss of earning capacity,
- Property damages,
- Future medical treatment, and
- Pain and suffering.
Contact Denver Motorcycle Accident Lawyer
After a motorcycle accident, the insurance company will try and get away with paying out as little as possible. An experienced Colorado motorcycle accident lawyer on your side will help you get the compensation you are owed. Call Mandelaris Law at (303) 357-9757 today and schedule a free initial consultation with our highly skilled Denver attorney.