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Colorado Springs Motorcycle Accident Lawyer

Motorcycles have the same road rights and rules as automobiles in Colorado; unfortunately, other drivers do not always recognize motorcycle riders’ rights. Accidents frequently occur when drivers fail to observe motorcycles and respect their space. The Colorado Springs motorcycle accident attorneys at The Fang Law Firm represent clients who have been injured or lost a family member in motorcycle accidents. If you or a loved one has been involved in an accident, contact our office to schedule a free consultation.

Colorado Springs motorcycle accident

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Why Should I Hire a Colorado Springs Motorcycle Accident Attorney?

Our personal injury attorneys in Colorado Springs have spent more than a decade standing up for injured motorcyclists and fighting for the compensation that they deserve. With a 98% personal injury case success rate, we aggressively pursue financial recovery for our injured clients.

We know that there is often an unfair bias against motorcyclists, and our motorcycle accident lawyers in Colorado Springs will review accident reports and witness statements. They will challenge any inaccurate information and statements related to your accident.

You will not pay any attorneys’ fees out of pocket. We know that motorcycle accident injuries can be devastating, and injured riders and their families often have financial struggles after an accident. Our motorcycle crash attorneys take their cases on contingency, and they will only collect compensation after you have been paid for your injuries and damages.

Recoverable Damages in a Motorcycle Accident Claim

Damages in a motorcycle accident claim refer to the financial compensation available for your injuries and losses. After a serious motorcycle accident, you may wonder where you will get the funds to pay for your medical expenses, including x-rays, appointments with specialists, procedures, medications and surgeries. Medical care is one of several categories of damages you could recover with a successful motorcycle accident claim in Colorado Springs. 

  • Health care costs. The lifetime medical costs of your injury and all related health care needs, including travel expenses.
  • Property loss. The amount of money it will take to repair your damaged motorcycle or replace a totaled bike.
  • Lost wages. The amount of money you lost and will continue to lose from missed work due to your injury.
  • Pain and suffering. The noneconomic losses connected to your injury, such as physical pain, emotional suffering, distress and mental anguish.
  • Punitive damages. An additional amount the defendant may owe you for particularly negligent, wanton or reckless acts in connection to your accident. 

You should not have to struggle to pay your bills in addition to dealing with your physical recovery after a serious motorcycle accident. Bringing an insurance claim or personal injury lawsuit against the at-fault party could allow you to focus on healing. The at-fault party will have to pay for your past and future losses while you concentrate on getting better. 

A successful motorcycle injury claim could make you financially whole again. To obtain fair compensation, however, you may need assistance from an attorney. A Colorado Springs motorcycle crash attorney can help you prove your losses using evidence such as medical bills, pay stubs and expert witnesses. Discuss the full value of your motorcycle accident claim with a lawyer before accepting a settlement from an insurance company. 

Can I Still Recover Compensation If I Wasn’t Wearing a Helmet?

A common question asked by injured motorcycle riders in Colorado Springs is, “Can I still recover compensation if I didn’t have a helmet on?” The answer depends on the state in which you are filing. In Colorado, the choice not to wear a helmet is not a usable defense against liability for crash-related injuries. An insurance company cannot reduce or deny compensation based on the fact that you were not wearing a helmet.

Under Colorado law, all motorcyclists aged 17 and under must wear helmets. Adult riders, however, have the choice of whether or not to use helmets. Since wearing a helmet is not legally required for adults, not wearing one is not a type of misconduct or civil tort. Therefore, the defendant in a motorcycle accident case will not be able to use it against an adult plaintiff. In other words, even if you were not wearing a helmet, the at-fault party may owe you compensation for your losses. 

Proving Liability in a Colorado Springs Motorcycle Case

Liability in civil law refers to a party’s legal responsibility for someone else’s injuries and losses. Being liable for something means being legally and financially responsible for a victim’s related damages. Before you can recover compensation for a motorcycle accident in Colorado Springs, you or your lawyer will need to establish the defendant’s liability.

Demonstrating liability is a requirement under Colorado’s fault-based auto insurance law, which states that the party at fault for the collision will be responsible for damages. This differs from how an insurance claim works in a no-fault state. After a motorcycle accident in a no-fault state, you will receive benefits from your own auto insurance provider, regardless of who was at fault for the collision. In Colorado, however, you or your lawyer will need to prove liability based on a preponderance of the evidence. In general, proving liability takes four main elements.

  1. The at-fault party owed you a duty to exercise reasonable care. All drivers owe motorcyclists and other roadway users a duty to prevent accidents.
  2. The at-fault party breached the duty of care owed to you. You must have proof of an act or omission on the defendant’s part that goes against his or her duty of care to you.
  3. The at-fault party’s breach of duty caused your motorcycle wreck. You will need to establish a causal link between the defendant’s breach of duty and your collision.
  4. You suffered compensable damages in the crash. Finally, you will need to establish specific damages suffered as a result of the motorcycle accident.  

With evidence that establishes these four elements as more likely to be true than not true, you will successfully prove liability in a Colorado Springs motorcycle accident case. Proving liability can be tricky depending on the claim. If you do not wish to deal with preserving evidence and establishing liability, have a lawyer handle these complicated legal tasks for you. A lawyer will have years of experience demonstrating liability to an insurance adjuster, judge and jury.

What If the Defendant Tries to Blame Me?

Because motorcycle accident injuries are often severe and debilitating, defendants and insurance companies will typically challenge injury claims to avoid costly settlements and trial awards. Defendants frequently deny fault and try to pin the blame on the injured bikers for the accident. Our Colorado Springs accident attorneys know these tactics, and they are prepared to thoroughly investigate your accident and secure critical evidence to prove your claim.

Even if you are partially at fault for the accident, you may still be entitled to recovery for your serious injuries and damages. Under Colorado law, injured motorcyclists are entitled to collect compensation if they are less than 50% at fault for the accident. Their compensation is then reduced by their percentage of fault. For example, if you were found to be 10% at fault for your accident, your total injury award will be reduced by 10%.

Expert Witnesses

Expert witnesses play a critical role in many motorcycle accident cases, and it is critical to hire a motorcycle accident lawyer who has relationships with local experts in Colorado Springs. Medical experts may be necessary to testify regarding the extent of your injuries, future physical limitations, and future medical bills. Financial experts may be required to determine lost future earnings if your injuries are debilitating and impact your ability to work. Accident reconstruction experts are helpful in motorcycle accident cases where fault is disputed.

Injuries After a Motorcycle Crash

Lack of protection for motorcyclists in motorcycle accidents makes it highly likely for the victim to suffer serious, catastrophic or fatal injuries. The odds of a motorcyclist sustaining severe injuries in a wreck are much higher than those of passenger vehicle occupants. A vehicle occupant has multiple sources of protection in an accident: a seat belt, airbag and the metal shell of the car. A motorcyclist, on the other hand, has nothing between him or her and the road except clothing and – maybe – a helmet. Therefore, the average motorcycle crash in Colorado Springs can inflict many serious injuries on the rider. 

  • Broken bones 
  • Back and spine injuries
  • Lower extremity fractures 
  • Shoulder, arm and elbow injuries 
  • Biker’s arm
  • Muscle and soft-tissue injuries 
  • Skull fractures 
  • Traumatic brain injuries  
  • Road rash or cuts and scrapes 
  • Traumatic tattooing
  • Internal bleeding or organ damage 
  • Fatal injuries 

Some motorcycle accident injuries will stay with a victim for life. A severe traumatic brain injury, for example, could cause lasting brain damage, such as memory loss or cognitive challenges. A catastrophic spinal cord injury could cause permanent paralysis. It is especially important to hire a motorcycle accident attorney if you or someone you love suffered a catastrophic injury. If the injury will impact you for months or years to come, only a lawyer will have the professional abilities to fight for maximum compensation for you. 

Fatal Motorcycle Accidents

Wrongful death claims are some of the most difficult cases that our attorneys take on. If you lost a loved one in a motorcycle accident, you and other close family members might have a wrongful death claim against the at-fault party. Additionally, if your loved one suffered injuries and damages as a result of the motorcycle wreck before he or she died, those losses may be recoverable under a survival action.

Speak With a Colorado Springs Motorcycle Accident Lawyer

Contact The Fang Law Firm to schedule your free case evaluation to explore your legal rights as an accident victim. We know that you and your family may be struggling after your motorcycle accident, and our Colorado Springs motorcycle collision lawyers want to help. We will work to secure your financial recovery and to ensure that the responsible party, or their insurance company, is held accountable.