Are you considering riding a motorcycle? In cities packed with traffic, motorcycles have always been a popular option. No one can deny that they are efficient and offer a sense of freedom that cars simply cannot provide.
But are they safe? The answer is “no.”
So far, in 2024, the Colorado State Patrol has reported that 15.5% of fatal crashes involved motorcycles. Even more concerning, in just the first two weeks of July, 37.5% of deadly crashes were motorcycle-related. These figures make it clear that motorcyclists face significantly higher dangers than drivers.
Why Motorcycle Riders Face Greater Injury Risks
Even though motorcycles may offer freedom and convenience, the risks are significant and cannot be ignored. Yet, many motorcyclists believe they are immune to accidents. It’s a common mindset: “It won’t happen to me.” Yet, by riding a motorcycle, you consciously expose yourself to a far higher level of risk.
Motorcycles Provide Less Physical Protection
While in the event of a car accident, drivers benefit from safety features such as seatbelts, airbags, and the structural integrity of the vehicle itself, motorcyclists lack these layers of protection. Helmets and protective gear are helpful but fall short compared to car safety measures.
In serious motorcycle crashes, the outcomes can be devastating. Even with helmets and protective gear, the rider remains largely exposed. The force of a collision can throw a rider off their bike, leading to injuries like severe head trauma, spinal cord damage, and, in the worst cases, permanent paralysis. Without the protective shell that a car provides, even minor incidents can cause life-altering injuries, making motorcycles more dangerous.
The Problem of Motorcycle Visibility on the Road
A major concern is the issue of visibility. Due to their smaller size, motorcycles are much more difficult for other drivers to spot, particularly when positioned in blind spots or approaching intersections. This limited visibility often creates hazardous situations where drivers might overlook a motorcycle while changing lanes or misjudge its speed when merging.
These brief lapses in attention can result in severe accidents. Without the protective features that cars provide, motorcyclists are significantly more vulnerable, facing a much greater risk of severe injury or death in the event of a collision.
Different Motorcycle Accident Scenarios to Consider
At-Fault Driver Causes the Accident
If you’re riding your motorcycle, following all traffic laws, and another driver causes an accident—such as by running a red light—their insurance is likely responsible for covering 100% of your damages. Since the other driver is 100% at fault, you can recover compensation for medical expenses, property damage, and lost wages.
Hazardous Road Conditions Contribute to the Accident
Sometimes, the condition of the road causes a motorcycle accident. Imagine you’re on the road and hit a large pothole, causing you to lose control of your bike. In cases of poor road conditions, government entities responsible for road maintenance may be held accountable for the accident. If it’s proven that the city failed to repair the road, you could pursue compensation for your damages from the responsible agency.
At-Fault Motorcyclist Causes the Accident
Imagine you’re riding your motorcycle and speeding through the streets. You approach an intersection, but instead of stopping at a red traffic light, you try to rush through it. Unfortunately, you collided with another vehicle that was lawfully crossing the intersection. In this case, you are at fault for the accident because you were speeding and failed to stop at the traffic light. Since you are responsible for the accident, you will likely be held liable for your injuries and the damages and injuries sustained by the other driver. Your insurance may cover some of your medical bills and damage to your motorcycle. However, you will still be accountable for the other person’s injuries and any property damage caused by your actions.
Both the Motorcyclist and Driver Share the Fault
Imagine you’re riding your motorcycle, approaching an intersection, and for just a moment, you’re distracted. You roll through a stop sign without entirely halting, unaware that a car is speeding toward the same intersection. In a split second, the inevitable happens—you collide. Both you and the car driver are blamed for failing to stop and the other driver for exceeding the speed limit.
So, who should be blamed for the injuries and damages? Colorado’s comparative negligence rule divides the fault between both parties. Let’s say it’s determined that you bear 60% of the fault for not stopping at the sign, while the car driver is 40% responsible for speeding. You’re still entitled to compensation despite your more significant share of the blame. However, it will be reduced according to your level of fault. For example, if your total damages amount to $10,000, you could recover $4,000—reflecting the 40% fault assigned to the other driver.
Colorado adds a clever twist to its comparative negligence law. Yes, even if you’re partially at fault, you can still recover compensation, but here’s the catch: if you’re found to be 50% or more responsible for the accident, you lose the right to any compensation. This adjustment ensures that those primarily at fault are held accountable, while those less than 50% can still receive damages. It strikes a balance between fairness and responsibility, meaning that even if you make a mistake, you can still protect your legal rights.
What Can You Recover After a Motorcycle Accident?
Motorcycle accidents often result in various physical, emotional, and financial challenges. Colorado State law provides several avenues for recovering damages, including:
- Medical Expenses: You can recover compensation for your current medical bills and future medical needs. This could include rehabilitation, physical therapy, or even long-term care, depending on the severity of your injuries.
- Lost Wages: If your injuries have prevented you from working, you can seek compensation for lost earnings. Additionally, if your ability to work in the future has been impacted, you may be eligible to recover for lost earning capacity.
- Property Damage: You have the right to recover damages for the repair or replacement of your motorcycle and any personal property damaged in the accident, such as your helmet, riding gear, or other equipment.
- Pain and Suffering: Accidents don’t just cause financial harm—they can also lead to significant physical pain and emotional distress. The law allows you to seek compensation for both the physical suffering and the emotional toll the accident has caused.
- Punitive Damages: In exceptional circumstances where the other party’s actions were especially reckless or negligent, you may also be entitled to punitive damages. These damages are intended to punish the wrongdoer rather than to compensate you for your losses.
After a Motorcycle Accident: Safeguarding Your Legal Rights
When a motorcycle accident happens, knowing how to protect your legal rights is of paramount importance.
First, ensure you’re safe and call for help.
Then, think like a lawyer: document everything. Snap pictures of the scene, your bike, and the road conditions. Exchange insurance details, and if there are witnesses, gather their statements.
Most importantly, don’t admit fault—stay focused on the facts. A detailed police report will play a crucial role in any future legal claims, so make sure it’s accurate and thorough.
Why You Need a Skilled Attorney on Your Side
The importance of having a skilled attorney on your side cannot be overstated. It’s not just about knowing your rights—it’s about having someone who can effectively advocate for those rights within a complex legal system. Here are several key ways the experienced attorneys at Killian, Davis, Richter & Fredenburg, P.C. can assist you after a motorcycle accident:
Expert Navigation of the Legal Process
Navigating the legal system can be challenging, with numerous laws, regulations, and procedures that vary by jurisdiction. Without legal expertise, understanding these nuances can be overwhelming. At Killian Davis, our attorneys specialize in motorcycle accident cases and can guide you through each step of the process. From filing paperwork to meeting crucial deadlines, we ensure your case is handled thoroughly and efficiently from the very beginning.
Negotiating with Insurance Companies
Dealing with insurance adjusters is one of the most stressful parts of the post-accident process. Insurance companies are focused on minimizing payouts, often offering settlements far below the true value of your claim. A seasoned attorney from Killian Davis will negotiate on your behalf, leveraging their knowledge of the legal system and experience with similar cases to counter low offers and secure a fair settlement. We’ll ensure all aspects of your claim are considered, including future medical costs, lost wages, pain and suffering, and long-term care needs.
Gathering and Presenting Evidence
A strong case is built on solid evidence. Our team at Killian Davis will meticulously gather and preserve critical evidence such as medical records, police reports, witness statements, and expert testimony. This comprehensive approach allows us to present a compelling case proving both liability and the full extent of your injuries. Attention to detail is crucial to maximizing the compensation you deserve.
Providing Emotional Support and Peace of Mind
The aftermath of a serious motorcycle accident can be physically and emotionally overwhelming. The stress of dealing with legal matters on top of recovery can make the situation even more challenging. By entrusting your case to the experienced attorneys at Killian Davis, you can focus on healing while we handle the legal aspects. We’re here to provide peace of mind, ensuring your case is in capable hands, so you can prioritize your well-being.
Representation in Court, if Necessary
While many cases are resolved through settlement negotiations, some disputes may require litigation. Should your case go to trial, our attorneys are fully prepared to represent you in court. With a proven track record in trial advocacy, we’ll present evidence, make persuasive arguments, and vigorously defend your rights before a judge and jury.
At Killian Law, we are dedicated to vigorously defending your rights and pursuing the best possible outcome for your case. With our extensive legal expertise and client-centered approach, we provide the guidance you need to navigate the legal complexities of a motorcycle accident. We take on the legal challenges, allowing you to focus on your recovery.
Contact us today to discuss how we can assist you in securing the compensation and justice you are entitled to.