Denver, CO Motorcycle Accident Attorneys Helping Clients with Their Motorcycle Accident Claims
Motorcyclists love the feeling of freedom they have on their bikes, but the open nature of a motorcycle means that the rider is more exposed than that of a vehicle. This makes them much more vulnerable to serious injury in an accident. According to the National Highway Traffic Safety Administration (NHTSA), at least 80% of motorcycle accidents result in injury or death. Many of these accidents are caused by negligent drivers who are distracted or reckless. Often, these drivers claim that they “didn’t see” the motorcycle, leading to disastrous results for the motorcyclist. Although motorcyclists can improve their chances of survival in an accident by wearing helmets and high-visibility safety clothing, distracted car or truck drivers can still cause serious accidents that can significantly affect the victim. If you find yourself injured and facing overwhelming medical bills, loss of income, or ongoing pain after a motorcycle accident, you shouldn’t have to face your hardships alone. Contact Genco Injury Attorneys to schedule a free consultation with a skilled motorcycle accident attorney today : 303-500-1376.
What Should You Do After a Motorcycle Accident?
A motorcycle accident can happen in the blink of an eye and change your life as you and your loved ones know it. The moments after an accident can be chaotic and disorienting. Making sure you and your passengers are safe should always be your priority. If someone is hurt, call 911 for medical help. Follow the instructions and advice of emergency personnel on the scene. If you are hurt, whether you feel it is serious or not, you should go to the hospital for further evaluation and care. Once everyone is safe and if you are physically able to do so, here are some steps you can take:
- Contact the police: They will arrive at the scene and write up an accident report. This critical document will likely be used later to prove what happened during the accident and who was at fault. Your statement to the officer about how the accident occurred will also become part of the official record.
- Gather information: For the drivers of any vehicles involved, write down their policy number along with the name of the insurer and phone number. If there are witnesses, try to get their contact information.
- Take photos: Most people these days carry cell phones, which can be used to take pictures of the accident scene. If your phone is capable, try to get as many photos as possible from different angles. If you are injured and can’t take photos, find a trusted person to do it for you. Videos can also be helpful.
- Don’t sign any forms for the insurance company or agree to any settlement: You could be signing away your rights without realizing it. Consult with an attorney before giving a statement or signing any documents, even for your own insurance company.
- Contact a motorcycle accident attorney: Consulting with an attorney as soon as possible after the accident is vital. They will guide you on any further actions you need to take and help you deal with insurance companies.
You may feel lucky to have escaped the accident without obvious injuries, but you should always seek medical evaluation after an accident, even if you feel fine. Some injuries may not be immediately apparent, especially damage to the back, neck, or internal organs.
Avoid telling the police or other drivers on the scene that you are okay or uninjured. You should also not discuss who may have been at fault for the accident. Even something as innocent as apologizing to the other driver or officers could be interpreted as an admission of guilt by the insurance company during a lawsuit. An experienced motorcycle accident attorney can educate you on what you should and shouldn’t say when speaking to insurance adjusters and help you ensure you receive the medical care you need to begin healing.
What Causes Motorcycle Accidents?
Most motorcyclists enjoy the thrill of being on the open road, in the wind and sunshine. Many are experienced riders who understand the risks of riding a motorcycle and take the necessary precautions while riding. The likelihood of a motorcycle accident increases due to certain factors, such as riding at night or operating your motorcycle during bad weather. However, according to motorcycle accident statistics, other drivers on the road are the leading cause of motorcycle accidents. Typically, these dangerous drivers are distracted, under the influence of alcohol, or simply do not see the motorcyclist. According to the Hurt Report, which was a safety study conducted on motorcycle accidents in the U.S., other motorcycle accident statistics include:
- 25% of motorcycle accidents were single-motorcycle accidents, while 75% of accidents involved a motorcycle and a car or truck.
- The driver of the other vehicle caused the accident by violating the motorcycle’s right-of-way in two-thirds of accidents involving multiple vehicles.
- Less than 3% of motorcycle accidents are caused by vehicle equipment failure. Most of these were single-vehicle accidents where a flat tire caused the rider to lose control and crash.
- Wearing proper safety equipment greatly reduces injuries and deaths in accidents. The most useful equipment includes thick, durable protective clothing and DOT-approved helmets.
- Nearly half of all fatal motorcycle accidents involve alcohol consumption.
- The severity of injuries caused by an accident increases with the speed and size of the motorcycle.
A large number of motorcyclists are injured by vehicles that unexpectedly merge into their lane. When this occurs, they must make a quick decision to avoid a direct collision with a much larger vehicle. This may include swerving or banked motorcycle at high speed, which can result in hitting the lane divider or other obstacles. Injuries from these maneuvers can be catastrophic and sometimes fatal. Motorcyclists have some ability to improve their chances of being seen and noticed by other drivers by wearing high-visibility colored jackets and turning on their motorcycle headlights during the day. However, it is still the responsibility of other drivers to remain aware of motorcycles around them and ride safely to avoid potential accidents.
What Are Common Injuries for Motorcycle Accident Victims?
Motorcycles are very basic vehicles when it comes to safety equipment. They do not feature the advanced safety protection that other motor vehicles have, such as seat belts, roll cages, and airbags. Without these essential protections, injuries sustained by a motorcycle rider are much more likely to be severe and life-threatening. Even recommended protective gear, such as DOT-approved helmets and heavy leather pants and jackets, are generally no match for the destructive forces of an accident, and motorcyclists are still highly prone to injury. Injuries sustained in a collision can lead to chronic pain, disfiguring scars, permanent disabilities, and in the worst cases, death. Significant injuries that can occur during a motorcycle accident include:
- Bone fractures
- Internal injuries, including internal bleeding or collapsed lungs
- Head injuries, including traumatic brain injuries (TBI)
- Severed or torn limbs
- Pavement slip burns (lacerations, often to the arms and legs, caused by sliding at high speed)
- Facial and eye injuries
- Spinal injuries, which can cause partial or complete paralysis
- Whiplash
- Wrongful death
What Damage Can a Head Injury Sustained in a Motorcycle Accident Cause?
Head injuries are some of the most common but devastating possible in a motorcycle crash. They are much more likely if the rider is not wearing a helmet. A head injury can be mild or severe and can cause permanent physical and mental disabilities for the victim. Recovery from even a mild head injury often requires expensive and lengthy medical treatment and rehabilitation, and the bills can begin to pile up. If a rider is thrown from his or her motorcycle during an accident, the resulting impact can cause skull fractures and other brain trauma, which can damage the brain and possibly lead to death. Other possible head injuries from motorcycle accidents can include traumatic brain injuries (TBI), concussion, brain swelling, seizures, and coma. If someone involved in a motorcycle accident exhibits symptoms of a serious brain injury, such as nausea, vomiting, dilated pupils, headache, unconsciousness, seizures, slurred speech, or loss of coordination, they need immediate emergency medical attention.
What is the Statute of Limitations for Filing a Motorcycle Accident Lawsuit?
Each state has a statute of limitations that sets a time limit within which the victim must file a personal injury lawsuit. This can vary depending on the type of accident or lawsuit involved. For example, in Colorado, personal injury lawsuits involving motor vehicles, such as motorcycles, cars, or trucks, have a statute of limitations of three years from the date of the accident. However, if your loved one is killed in a motorcycle accident in Colorado and you decide to file a wrongful death lawsuit, you only have two years from the date of their death to file your lawsuit. If a hit-and-run driver caused the death, the statute of limitations increases to four years.
If a defective part caused your motorcycle accident, you may decide to file a product liability lawsuit. In that case, you would only have two years to file your claim. But if the part was initially sold ten years ago or more, then it is no longer eligible for a product liability lawsuit, since the law assumes that it was not a defective product because it functioned properly during that time.
As you can see, keeping track of how much time you have left to file a lawsuit against the person or entity that caused your motorcycle accident can be quite complicated. If you miss this deadline, your case will likely be dismissed and you will not be able to seek compensation for your injuries and damages. That is why it is in your best interest to contact a Denver motorcycle accident attorney as soon as possible after you have been injured in a motorcycle accident. Building a strong case takes time, and giving your attorney ample time to investigate and document your claims can be very beneficial to your case in the long run.
What Information is Needed to File a Lawsuit?
In order for your attorney to build the strongest possible case for you, it is helpful to complete certain actions after your accident and provide as much documentation as possible. As mentioned before, you should still get an immediate medical evaluation after an accident to verify any injuries, even if you do not feel hurt. This provides proof of any damages you suffered as a result of the accident, and documentation of this exam will be crucial if you decide to file a claim for damages. Other documents that may be helpful to the attorney handling your motorcycle accident claim include:
- Witness statements and their contact information.
- Medical bills and expense receipts.
- Medical records of your injuries and any care you required.
- Name and insurance information of the other person(s) involved in the accident.
- Photographs and videos of the accident site.
- Police reports.
What Damages Can Be Recovered After a Motorcycle Accident?
The time after a motorcycle accident can be incredibly difficult. You may find yourself stuck with mounting medical bills while trying to navigate a painful and difficult recovery from your motorcycle accident injuries. You may lose your job if you are unable to work, which adds another level of stress. An experienced personal injury attorney will fight to hold those responsible for your injuries accountable. Their job is to get you the maximum compensation you deserve so you can get your life back on track. Depending on the details of your accident, you could receive one or more of these types of compensation:
- Medical expenses: Any bills for treatment of your injuries caused by the motorcycle accident, including hospital and emergency room stays, surgeries, rehabilitation, follow-up visits with your doctor or specialists, medications, and other medical care. This may also include future medical expenses if you will need ongoing care.
- Lost wages: If you lost work or your employment due to the accident, you may be able to be compensated for your lost income. If you are permanently unable to work, the court may consider compensation for the loss of your earning capacity.
- Pain and Suffering: If you suffered a serious injury, you may be compensated for the pain and discomfort you endured.
- Punitive Damages: If the other party in the accident is found to be guilty of being under the influence of alcohol, acting recklessly or negligently, the court might award punitive damages. These are meant to punish the wrongdoer for his or her actions and act as a deterrent to others from doing the same.
What Are the Advantages of Hiring a Motorcycle Accident Lawyer?
When you have a medical complication or a serious problem with a vehicle, you seek the help of a trained professional rather than trying to fix it yourself. Why try to tackle a legal problem on your own? An experienced motorcycle accident attorney in Denver, Colorado can thoroughly investigate and examine the evidence to build a strong case and obtain the most beneficial resolution for your claim.
The injuries you suffer in a motorcycle accident can affect you for the rest of your life. At Genco Injury Attorneys, we believe that those who caused your suffering should be held accountable for their actions, so that you can be compensated. You deserve fair compensation for what you have endured. Remember, our motorcycle accident attorneys work with you on a contingency fee basis, so if there is no recovery in your case, you do not owe us any legal fees. Contact us today to schedule a free case evaluation: 303-500-1376.