When should I file a claim?

Colorado’s statute of limitations on filing a personal injury claim is two years. Colorado operates under the discovery rule, meaning that the clock starts ticking from the time the injury is discovered, not from when it initially occurred.

How can I prove negligence?

Colorado operates under the contributory negligence rule, which means that the person who injured you may file a counter-claim for damages if they believe that you, the injured, were also partially at fault.

When will the other person’s insurance contact me?

Colorado law stipulates that insurance is not allowed to contact you within 30 days of being injured. A release of liability, which is a statement that says you won’t sue the at-fault party for anything else, can’t be obtained by insurance within 30 days either.

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Grand Junction Motorcycle Accidents Lawyer

It’s no secret that Colorado is a great state for motorcycle enthusiasts, with scenic switchback mountain roads at almost every turn. However, it’s also no secret that motorcycle riders are much more vulnerable to serious injuries in collisions than other motorists on the road. Their smaller size makes motorcycles difficult to see and offers much less protection to the rider. Motorcycles also lack many of the important safety features that other vehicles have, such as airbags, seat belts, and crumple zones. After an accident, recovering from those injuries can be very difficult. Killian, Davis, Richter & Fredenburg, PC significant experience handling motorcycle accident cases, and our nationally recognized Grand Junction motorcycle accident lawyers will fight on your behalf for fair compensation.

MOTORCYCLE ACCIDENTS AND COLORADO’S HELMET LAW

There were 108 motorcycle deaths in Colorado in 2015, an 11 percent increase from the previous year and the most there have ever been. The massive population increase in the last few years could have something to do with the rise in motorcycle fatalities, but another contributing factor could be that Colorado only requires those who are 17 and younger to wear a helmet when riding. For 30 years, no one was required to wear a helmet; it’s only been necessary for those 17 and younger since 2007. However, of the 260 motorcycle fatalities in Colorado between 2012-2014, only eight of them were 20 or younger. More than 62 percent of those were also not wearing a helmet.

Not wearing a helmet increases the likelihood of death or serious injury, and concurrently raises the average hospital bill of a rider in an accident. Nationally, the average medical costs for riders in an accident who were wearing their helmet was $20,970; but it was $27,760 for those who weren’t. It should be noted that, even in Colorado where there is essentially no helmet law, you could potentially be found negligent for your own injuries. This means that if you suffer a head or neck injury due to not wearing a helmet, you may receive a lower settlement amount or even no settlement at all.

This is because of the overwhelming evidence that could be presented showing that wearing a helmet prevents or significantly reduces the chance of severe head and neck injuries. This is not black and white; if you’re injured in a motorcycle accident you’ll need an attorney who understands the nuances of settlement negotiation and Colorado motorcycle law, which Killian, Davis, Richter & Fredenburg, PC can provide.

WHAT IS THE MOTORCYCLE INSURANCE REQUIREMENT IN COLORADO?

Colorado requires that motorcycle riders carry $25,000 per person/$50,000 per accident in liability coverage. They also require that you have $15,000 to cover property damage. This is just the bare minimum, it’s a good idea to have some form of collision or comprehensive coverage, even uninsured motorist coverage just in case.

COMMON CAUSES AND TYPES OF MOTORCYCLE ACCIDENTS

Broken bones, lacerations and head and neck injuries, regardless of whether you were wearing a helmet, are disturbingly common in motorcycle accidents. But what are some of the leading causes of these accidents:

Head-On Collisions with Vehicles
Vehicles Changing Lanes into Motorcycle
Unsafe Speed
Lane Splitting
Collisions with Fixed Objects

If you were injured in a motorcycle accident in Grand Junction, you’ll need a personal injury attorney who has the expertise and knowledge to fight for your compensation. If you need a Grand Junction motorcycle accident attorney, contact Killian, Davis, Richter & Fredenburg, PC We’ve handled dozens of motorcycle accident cases, and if you’re injured due to someone else’s negligence, our dedicated attorney’s will make sure that you get the compensation you deserve.