Have you been hurt in a motorcycle accident in Fort Collins that was someone else’s fault? You should not have to bear the financial consequences of a wreck caused by another driver’s negligence. However, there are complex laws, tight-fisted insurance companies, and biases against motorcyclists standing between you and the money you deserve. Rather than trying to overcome these barriers on your own, turn to a Fort Collins motorcycle accident lawyer from The Wilhite Law Firm for help.
Our motorcycle accident law firm has been standing up to big insurance companies on behalf of injured Coloradans since 1977. We are ready to put the experience, skills, and reputation we’ve built over the last half-century to work for you. Our legal team can handle all the details of your case so you can focus on healing. And we’ll do it at no upfront cost to you, only collecting a fee if and when we put money back in your pocket. With our firm on your side, you’ll never feel alone as you rebuild your life after a catastrophic motorcycle accident.
So don’t wait another moment. Contact The Wilhite Law Firm today for a free initial claim evaluation with a personal injury attorney. We look forward to meeting you, reviewing your case, and exploring your options for pursuing compensation and accountability.
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What Are Some Causes of Motorcycle Accidents?
Motorcycle accidents often happen because drivers behave carelessly around motorcyclists, failing to notice riders or treat them with the respect they deserve, unlike in car accidents where the dynamics can be different.
Breaking the speed limit or driving too fast for the conditions means drivers have less opportunity to avoid a collision with a motorcycle or have a greater risk of losing control of their vehicle and crashing with a motorcycle.
Following too closely
Tailgating a motorcycle with a car or another larger vehicle carries a significant risk of a rear-end collision, as motorcycles can slow down faster than larger vehicles can in an emergency.
Failing to yield the right-of-way
Motorists who don’t defer to the right-of-way of motorcyclists put them at risk of serious injuries. One common example of this is pulling out in front of oncoming motorcycles, as many drivers have a hard time judging the distance and speed of these smaller vehicles.
Changing lanes without signaling or checking blind spots
Drivers must confirm that it is safe to turn or change lanes before doing so. This means looking in their mirrors, checking their blind spots, and signaling their intentions. Those who skip these precautions might collide with motorcyclists.
Running red lights or stop signs
Running through intersections can result in a devastating T-bone accident between a motorcyclist and another vehicle.
Passing a motorcycle without moving to an adjacent lane
State law allows a motorcyclist to use the entire width of a traffic lane. No other vehicle may occupy the same traffic lane next to a motorcycle, except two motorcycles may ride side-by-side. Passing a motorcycle in the same traffic lane creates a substantial risk of a collision.
Driving recklessly or aggressively
Examples of aggressive or reckless driving behaviors include excessive speeding, street racing, swerving through traffic, and road rage.
Driving while drowsy
Being fatigued can affect a driver’s reaction times, perception, and judgment. It also carries a risk that a driver may fall asleep behind the wheel, possibly leading to an accident with a motorcyclist.
Driving under the influence of alcohol or drugs
Driving while intoxicated will also impair a driver’s reaction times, perception, and judgment. This prevents them from quickly avoiding a collision and increases the chances they engage in careless or risk-taking behaviors.
Distracted driving
Distractions come in many forms, including cell phones, food or drink, navigation systems, and even daydreaming. Motorists who take their eyes off the road, hands off the steering wheel, or their attention off the task of driving increase their chance of causing a collision.
Driver inexperience
New and inexperienced drivers also pose a risk to motorcyclists, especially if they are not yet accustomed to sharing the road with motorcycles.
What Injuries Occur Most Frequently in Motorcycle Accidents?
Motorcyclists don’t have the protection of vehicle safety systems like seat belts or airbags in an accident, making common motorcycle accident injuries more severe and life-altering.
Spinal injuries, including herniated disc injuries or spinal cord injuries
Broken bones
Road rash
Internal injuries, including internal organ damage and internal bleeding
Dislocated joints and ligament, tendon, or muscle injuries
Burns
Crush injuries
Degloving injuries
Traumatic amputation, dismemberment, or limb loss
What Are Colorado’s Motorcycle Helmet Laws?
In Colorado, motorcycle riders who are 18 and older do not need to wear helmets while riding. However, any operator or passenger under 18 must wear a U.S. Department of Transportation-approved helmet when riding on a motorcycle. Colorado also requires eye protection for all operators and passengers. Appropriate eye protection includes a visor or face shield on a motorcycle helmet, goggles, or eyeglasses with safety glass or plastic.
Although state law does not require adult motorcycle riders to wear helmets, state authorities strongly recommend that they do to protect themselves from head or brain injuries in a crash. Talk to one of our Fort Collins motorcycle accident attorneys today.
What Should I Do If I Am Involved in a Motorcycle Accident?
After a motorcycle accident, your priority should be to protect your health and preserve your legal rights to compensation. Your motorcycle accident lawyer in Fort Collins can help you do the following steps:
Notify your insurance company about the accident as soon as possible to start the claims process.
Seek immediate medical attention to have a doctor examine you for injuries.
Follow your healthcare provider’s treatment plan and instructions. Do not put off recommended procedures or rehab.
Obtain copies of your medical records to support the extent and nature of your accident injuries.
Keep all bills, invoices, and receipts of expenses incurred due to the accident. Gather your pay stubs if you need to miss time from work or earn less than you did before the accident.
Start a journal to document the physical pain, emotional distress, and difficulties with everyday life you experience due to your injuries and medical treatment.
Contact an attorney from The Wilhite Law Firm as soon as possible to start pursuing your legal claim for compensation.
Who Can Be Held Liable in a Motorcycle Accident?
Liability for a motorcycle accident usually falls on one or more parties, and an injured motorcyclist has the right to seek compensation from these parties, such as:
Another driver whose actions contributed to the accident
An at-fault driver’s employer, if the accident occurred in the course of the driver’s employment
Auto mechanics whose negligent maintenance of a motorcycle or other vehicle involved in the accident caused a mechanical failure that led to the crash
Manufacturers whose defective or otherwise unsafe vehicles or parts failed while in use, leading to the crash
An attorney in Fort Collins can help determine who has liability for a motorcycle crash case.
How to Prove Fault for a Motorcycle Crash
Drivers and insurance companies sometimes try to avoid liability for motorcycle accidents by shifting blame for the crash onto the rider. Drivers often claim that a motorcyclist exceeded the speed limit or “came out of nowhere” right before the crash. Insurance companies might argue that the motorcyclist’s behavior made their injuries worse.
As a result, injured riders often have to assemble substantial evidence proving the other party bears fault for the accident. Valuable motorcycle accident evidence might include the following:
Accident reconstruction or engineering expert reports
What Happens If I Am Partly to Blame for the Accident?
Colorado law does not bar a motorcyclist from recovering compensation if they share fault for an accident. Colorado law establishes a modified comparative negligence rule for injury cases. This means injured parties can recover compensation if their share of fault is less than 50 percent. However, whatever compensation they recover is reduced by their share of fault.
For example, suppose a motorcycle rider bears 20 percent of the fault for an accident that causes them to incur $100,000 in losses. In that case, Colorado’s modified comparative negligence rule only allows them to recover $80,000 in a lawsuit. And if a rider bears 50 percent or more responsibility for the accident, the rule bars them from recovery entirely.
Colorado’s comparative negligence rule could reduce or eliminate your financial recovery after a motorcycle accident. That’s why you need an experienced motorcycle accident attorney in Fort Collins who will persuasively and effectively argue that the other driver or party bears all or most of the fault for the crash.
Can I Recover Compensation for My Motorcycle Accident Injuries?
The purpose of a motorcycle accident claim is to “make you whole” again. Your claim should financially compensate you so that you can afford to undo as many of the effects of the accident as possible.
Let a Fort Collins motorcycle accident attorney from The Wilhite Law Firm fight to pursue maximum financial recovery for your:
Medical treatment and rehabilitation of injuries you sustained in the crash, including coverage for medical bills
Long-term care or support services you need due to permanent disabilities resulting from your injuries
Ongoing and future losses of income and job benefits if you cannot return to your pre-accident job or work the same hours you did before the crash
Physical pain and emotional distress from your injuries and subsequent medical treatment
Loss of enjoyment and quality of life due to disabilities or permanent disfigurement and scarring
Motorcycle repair bills or the value of your bike if totaled by the accident
Do I Have a Deadline for Filing a Motorcycle Accident Claim?
In Colorado, the statute of limitations on motorcycle accident claims gives you three years after a crash to file a lawsuit against an at-fault driver or any other liable parties. The trial court can dismiss a motorcycle accident lawsuit filed after the expiration of the limitations period on the accident claim, potentially costing you your right to compensation.
There are additional deadlines if the accident that injured you involved a government vehicle or employee. You must provide timely written notice of your claim to file a motorcycle accident lawsuit against the government. The Colorado Governmental Immunity Act requires you to provide written notice of your accident claim to the appropriate government agency or department within 182 days of the accident.
Due to the strict deadlines for filing motorcycle accident claims in Colorado, you need to speak with a motorcycle accident lawyer in Fort Collins from The Wilhite Law Firm as soon as possible. That way, we can start preparing your legal case to file your claims within the applicable deadlines.
Contact a Fort Collins Motorcycle Accident Attorney
If you’ve suffered injuries in a motorcycle accident, you may have the right to obtain compensation from those responsible for the crash. Let a Fort Collins motorcycle accident lawyer at The Wilhite Law Firm help you demand it. Contact our offices today for a free, no-obligation consultation. Let our firm discuss how our lawyers can fight to hold those responsible for the accident accountable for what they’ve cost you.
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Merari Hernandez
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I would like to thank Marianella from the Wilhite law firm for the hard work in getting a full policy limit from both insurances in my case. Highly recommend!
Alejandro
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