Colorado Springs Motorcycle Accident Lawyer
1755 Telstar Drive, Suite 300
Colorado Springs, Colorado 80920
As motorcyclists already know, the Colorado Springs area is one of the best areas in Colorado for a leisurely afternoon or even a weekend bike run. Unfortunately, other motorists are not always aware of the presence of motorcyclists on the roadway and accidents will occur.
Although other motorists are usually the cause of motorcycle accidents, other factors that have been reported to cause injury to cyclists include:
- Objects falling from other vehicles such as trucks
- Damaged or unrepaired roadways
- Unmarked / unguarded railroad crossings
- Damaged or non-working traffic signals
No matter the cause of a motorcycle accident, an injured rider and passenger can file a lawsuit to ask a court to order the responsible party to pay for any expenses that were directly related to the accident.
Collecting Damages After a Motorcycle Accident
After a motorcycle accident, an injured party has the legal right to be compensated ("paid" or "reimbursed") for their injury. It is the responsibility of the person, and their insurance carrier, who caused the accident. In legal jargon, the person responsible for the accident is said to be liable for damages.
Damages that may be collected following a motorcycle accident include:
- Medical expenses of the cyclist and passenger
- Long-term medical expenses that are due to the injury
- Lost wages or other income
- Repair or replacement of damaged motorcycle
- Legal expenses
Regardless of the expenses that result from a motorcycle accident, Colorado law requires that a lawsuit for accidental injury during the use of a motor vehicle be filed within 3 years of the date of injury. A lawsuit filed after this time limit has expired will be dismissed by the court.
I Was in an Accident and Wasn't Wearing a Helmet, What Can I Do?
There is a mistaken belief that if a motorcyclist is involved in an accident and was not wearing a helmet, the cyclist cannot collect damages. This is incorrect because Colorado law does not require that motorcyclists and their passengers wear helmets if they are at least 18 years old. Thus, there is no legal basis for the "no helmet" defense against a claim for damages in a motorcycle accident. There is, however, the Colorado law of "comparative negligence" that may affect some claims for damages.
In many cases, both parties' actions may have played a role in causing an accident. Under Colorado law, a jury can determine to what extent each party's actions may have contributed to an accident and the court may reduce the amount of damages awarded by the percentage of responsibility. As an example, suppose that cyclist "A" is injured in an accident involving driver "B" and a jury determines that "A" was 30% responsible for that accident. Any damages that the jury awards to "A" will be reduced by 30%. There is one very important exception to this rule that applies if the injured party is found to be at least 50% or more responsible for an accident.
Colorado's comparative negligence law includes what is known as the "50% bar rule." Under this rule, if a party to an accident is found to be at least equally (50%) responsible for that accident that party cannot collect damages regardless of the seriousness of any injury!
How the Colorado Springs Motorcycle Accident Lawyer Can Help Injured Motorcyclists
As you can see from the information presented here, the personal injury laws of Colorado can be complex and confusing to those without a background in legal matters. This is simply the way that Colorado lawmakers have made the effort to ensure that the rights of all parties involved in an accident are protected.
The Colorado Springs motorcycle accident lawyer at the Doan Law Firm understands the finer points of Colorado personal injury law and will work to see that an injured motorcyclist recovers the maximum amount of damages to which they are entitled. Our motorcycle accident lawyer will investigate each accident to make sure that all the facts are known and taken into consideration. Should it become necessary to pursue your injury claim in court, our lawyer will present your claim to a jury in a manner that will maximize the amount of your award for damages.
At the Doan Law Firm, your first consultation with our motorcycle accident injury lawyer is always free of any charges and will not obligate you to our firm. If you decide to have us represent your injury claim, we will never ask you to pay any fees and charges. We will represent your case on your behalf in exchange for a previously-negotiated percentage of the damages award that we will win for you.
Colorado motorcycle accident victims must protect their legal right to compensation for their injuries! Contact the motorcycle accident injury lawyer at the Doan Law Firm today!
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