Best Motorcycle Accident Lawyers in Colorado

About Motorcycle Accident Law in Colorado, United States

Motorcycle accidents in Colorado are unfortunately a common occurrence due to a combination of high traffic, scenic roadways, and variable weather conditions. The law in Colorado treats motorcycle accidents as personal injury cases under the state's tort law system. Riders who are injured due to the negligence of another driver or hazardous road conditions may be entitled to compensation for their losses. This compensation can include medical bills, lost wages, pain and suffering, and property damage. Colorado follows the modified comparative negligence rule, meaning riders can recover damages if they are found to be less than 50 percent at fault for the accident.

Why You May Need a Lawyer

After a motorcycle accident, victims often face a complex legal and insurance process. A lawyer can help in several common situations, including:

• When there are serious injuries or fatalities involved
• If the at-fault driver is uninsured or underinsured
• When it is unclear who caused the accident
• If the insurance company is denying your claim, offering a low settlement, or delaying payment
• When you need to negotiate extensive medical bills or future treatment
• If you believe defective road conditions or vehicle parts contributed to the accident
• When you need someone to collect and present evidence for your claim
• If the accident occurred while you were working and involves workers' compensation

An experienced motorcycle accident attorney can guide you through your options and work to protect your best interests under Colorado law.

Local Laws Overview

There are several key aspects of Colorado law that impact motorcycle accident cases:

• Helmet Law: Riders and passengers under the age of 18 must wear helmets. Riders 18 and over are not required to wear helmets, but it is strongly recommended for safety and insurance considerations.
• Comparative Negligence Rule: If you are found less than 50 percent at fault, you may recover damages reduced by your percentage of fault.
• Insurance Requirements: All riders must have liability insurance with minimum limits required by the state.
• Lane Splitting: Lane splitting is illegal in Colorado. Motorcyclists are not allowed to ride between rows of stopped or moving traffic.
• Statute of Limitations: Most motorcycle accident claims must be filed within three years of the date of the accident.
• Reporting Requirements: Accidents resulting in injury, death, or property damage over one thousand dollars must be reported to law enforcement.

Understanding and following these laws is crucial for riders and those seeking compensation after a crash.

Frequently Asked Questions

What should I do immediately after a motorcycle accident in Colorado?

Call 911 if there are injuries. Document the scene, exchange information with the other driver, take photos, seek medical care, and report the accident to law enforcement if required. Consult a lawyer before contacting insurance companies.

Can I recover damages if I was partly at fault for the accident?

Yes, under Colorado's modified comparative negligence rule, you can recover damages if you are less than 50 percent at fault. Your compensation will be reduced by your degree of fault.

Is it necessary to wear a helmet when riding a motorcycle in Colorado?

Only riders and passengers under 18 are required to wear helmets. However, wearing a helmet is highly recommended as it can protect you from serious injury and may impact compensation claims.

How long do I have to file a motorcycle accident claim in Colorado?

Most claims must be filed within three years of the accident date. If a government entity is involved, shorter notice periods may apply. It is best to consult a lawyer as soon as possible.

What types of compensation can I recover after a motorcycle accident?

You may be eligible for compensation including medical expenses, lost wages, pain and suffering, loss of enjoyment of life, property damage, and in some cases, punitive damages.

Do I need a police report to file an insurance claim?

It is highly advisable to obtain a police report, especially if there were injuries, fatalities, or significant property damage. Insurance companies often require a police report as part of your claim file.

What if the other driver does not have insurance?

You may be able to file a claim under your own uninsured or underinsured motorist coverage. A lawyer can help explore all avenues of recovery.

Can I still have a claim if I was not wearing a helmet?

Yes, but the amount you can recover may be affected, especially if you suffered head injuries that could have been prevented by a helmet. Your compensation may be reduced based on comparative negligence arguments.

Should I accept the insurance company’s first settlement offer?

It is prudent not to accept any settlement without legal advice. Insurance companies may offer less than your case is worth. A lawyer can help you determine a fair settlement value.

How much does it cost to hire a motorcycle accident lawyer in Colorado?

Most personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront and the lawyer is only paid if you recover compensation. Specific fees should be discussed during your initial consultation.

Additional Resources

• Colorado Department of Transportation - Motorcycle Safety Resources
• Colorado Division of Motor Vehicles - Motorcycle License Requirements
• Colorado General Assembly - State Statutes on Traffic Laws and Insurance
• National Highway Traffic Safety Administration - Motorcycle Safety
• Colorado Bar Association - Lawyer Referral Service
• Local legal aid organizations for low income or underserved individuals

These resources can provide helpful information on riding safely, legal requirements, reporting accidents, and accessing legal aid.

Next Steps

If you have been involved in a motorcycle accident in Colorado, consider taking the following steps:

• Seek medical attention for any injuries, no matter how minor they seem
• Gather and safely store all accident-related documentation, including photos, witness information, and medical records
• Report the accident to law enforcement and your insurance company as required
• Contact a qualified Colorado motorcycle accident lawyer to discuss your case and learn about your legal rights
• If possible, avoid making statements to insurance adjusters or accepting settlement offers before consulting with a lawyer
• Make use of available resources, including legal aid organizations and state agencies, for further support and guidance

A motorcycle accident can be overwhelming, but understanding your rights and available options under Colorado law is a crucial first step in seeking the compensation and assistance you deserve.