COLORADO SPRINGS MOTORCYCLE ACCIDENT LAWYER

Fighting for Motorcycle Accident Victims in Colorado Springs

Few types of accidents are as potentially dangerous as motorcycle crashes. Whereas vehicle occupants have seat belts, airbags, and thousands of pounds of steel chassis to protect against the impact, even the most safety-conscious motorcyclist has little or no protection to shield against the violence of an accident. The rider may be hit directly by the other vehicle, thrown from the bike, run over, or even dragged along the road. They may suffer broken bones, severe skin abrasions known as road rash, traumatic brain injury, paralyzing spinal cord injury, or even be killed.

Given the inherent risks, it is crucial for motorcyclists to understand their legal rights following an accident. Navigating the complexities of a personal injury claim can be daunting, especially when dealing with insurance companies keen on minimizing their payouts. At Clawson & Clawson, LLP, we strive to provide clarity and reassurance during these challenging times. Our team is well-versed in Colorado's traffic laws and motorcycle regulations, enabling us to advocate effectively on your behalf and aim for a fair settlement that addresses both your immediate needs and future concerns.

Common Causes of Motorcycle Accidents

The largest portion of traffic accidents can be attributed to driver negligence. There is a significant size disparity between motorcycles and regular passenger vehicles or trucks. Drivers must pay special attention to watch out for motorcyclists. Inattention can result in serious accidents.

Common Injuries from a Motorcycle Accident

Motorcycle accidents can be devastating and cause serious and lifelong injuries. While injuries to the legs are very common, head and chest injuries also occur frequently. Other common injuries in motorcycle accidents include:

• Broken or fractured bones
• Scrapes/road rash
• Cuts
• Bruises
• Organ damage
• Internal bleeding
• Brain injuries
• Head and neck injuries
• Broken ribs
• Back and spinal injuries

Beyond the immediate pain and emergency care, these injuries can lead to months or years of rehabilitation, time away from work, and major lifestyle changes. Riders may need ongoing physical therapy, adaptive equipment, or help with basic daily tasks. When we evaluate a motorcycle accident claim, we look not only at past medical bills, but also at the cost of future treatment, the impact on a rider's career, and how the injuries affect family life and independence.

Colorado Motorcycle Safety Laws & Regulations

According to the Colorado Department of Transportation's Motorcycle Operator Safety Training program, from 2012 to 2018, motorcycle fatalities in the state increased by 30%. Motorcycle fatalities made up nearly 16% of all traffic deaths in Colorado in 2018, despite the fact that motorcyclists represent only 3% of the vehicles on the state's roadways. Below are various Colorado motorcycle laws that are enforced to prevent these types of accidents.

Helmet & Protective Gear Law

Many injuries can also be caused or made worse because the motorcyclist was riding without a helmet. In the state of Colorado, riders 18 and over are not required to wear helmets. More than 60 percent of fatally injured motorcyclists were not wearing helmets at the time of their crash. While helmets are proven to save lives and prevent serious injuries, not wearing a helmet cannot be used against you when determining liability in a motorcycle accident. Some form of eye protection is required by law.

Even when the law does not require certain protective gear, choosing to wear it can make a significant difference in the outcome of a crash. Quality jackets, gloves, boots, and armored riding pants can reduce the severity of road rash, cuts, and fractures. We often see that riders who consistently use protective gear are able to return to work and normal activities sooner than those who do not, which can also affect the value and duration of a motorcycle accident attorney claim.

Motorcycle Operator Licensing Requirements

All motorcycle riders must have a special motorcycle "M" endorsement on their driver's license to legally operate this type of vehicle on a public street or highway. Motorcyclists who are riding without a valid M endorsement at the time of their accident may not be able to recover full compensation as they could be seen as partially at fault for their injuries.

Obtaining the proper endorsement usually involves passing written and skills tests or completing an approved safety course. These courses teach advanced braking, cornering, and hazard-avoidance techniques that can be especially valuable on winding roads and busy corridors in and around Colorado Springs. When we review a case, we consider whether the rider followed licensing rules and training recommendations, because these facts can influence how insurers and juries view the rider's decisions before the crash.

Group Riding

Sometimes, motorcyclists ride in groups. The DOT suggests keeping these groups small, and it may also be a good idea to have a designated "leader" who can give signals to the other riders. Less experienced riders should stay closer to the front of the pack.

In our experience, crashes during group rides often happen when riders bunch too closely together or when drivers in larger vehicles misjudge the speed of the group at intersections. Planning routes that avoid the most congested stretches of I-25 or downtown Colorado Springs, agreeing on hand signals, and discussing passing rules before the ride starts can help reduce confusion on the road. When a group ride collision occurs, clear communication about how the ride was organized can also help a Colorado Springs motorcycle accident lawyer sort out fault among multiple riders and vehicles.

Keeping Your Distance

Motorcyclists must keep a safe distance around their vehicle at all times. Sometimes, this is the best way to prevent an accident. More "buffer room" allows a rider to get out of harm's way should another vehicle suddenly swerve or change lanes. The DOT suggests that motorcyclists use the "2-second rule" for following behind vehicles. Many motorcycle accidents are caused by tailgating, so when a motorcyclist feels they are being followed too closely from behind, they should move over and let the vehicle pass. Read our blog to learn more about this safety practice.

Maintaining space is especially important in areas where traffic patterns change quickly, such as near major interchanges or along roads with frequent driveways and side streets. By positioning themselves where they are most visible and leaving room to brake or swerve, riders give themselves critical seconds to react to distracted or aggressive drivers. After a crash, details about where the motorcycle was in the lane and how closely other vehicles were following can become key pieces of evidence when we build a case for an injured rider.

To learn more about Colorado motorcycle laws, visit the Colorado DOT handbook. Following these regulations and safety suggestions are not only a good way to reduce your risk of getting in an accident, but they can also improve your chances of getting a full recovery in the event of an accident.

How Our Firm Handles Colorado Springs Motorcycle Accident Claims

When you come to Clawson & Clawson, LLP after a crash, we take the time to learn exactly what happened and how your life has been affected. Our attorneys and staff gather the facts, answer your questions, and explain how Colorado law applies to your situation so you can make informed choices. We draw on decades of experience handling serious injury cases for riders in Colorado Springs and nearby communities, which helps us anticipate the tactics insurance companies may use to limit your recovery.

As your case moves forward, we obtain police reports, medical records, and any available video or scene evidence, then consult with medical professionals and, when needed, accident reconstruction professionals. We also communicate with adjusters on your behalf so you are not pressured into quick, unfair settlements while you are still in treatment. Because we know the local courts in El Paso County and surrounding areas, we can advise you on whether it makes sense to resolve your claim through negotiation or to prepare for litigation if an insurer refuses to be reasonable.

Throughout the process, we keep you updated and involve you in key decisions, from responding to settlement offers to deciding whether to file a lawsuit. Our goal is to reduce the stress of the legal process so you can focus on healing, while we focus on documenting your losses and presenting your story clearly. By combining local familiarity with a thorough approach to each claim, we work to put you in the strongest position possible to move forward after a motorcycle crash.

Damages You May Recover After a Motorcycle Accident

Many riders are unsure what their case might cover beyond the first hospital visit. In Colorado, an injury claim arising from a motorcycle crash can include several different categories of damages, and understanding them can help you avoid settling for less than you need. The specific types and amounts available will depend on the facts of the collision, the severity of your injuries, and how long your symptoms last.

Common categories of compensation may include:

• Medical expenses: Past and future costs for emergency care, surgeries, hospital stays, therapy, prescriptions, and medical equipment.
• Lost income: Wages you miss while you are unable to work, as well as reduced future earning capacity if you cannot return to the same job.
• Property damage: Repair or replacement of your motorcycle, riding gear, and other personal property damaged in the crash.
• Pain and suffering: The physical pain, emotional distress, and loss of enjoyment of life caused by your injuries.
• Out-of-pocket costs: Travel to medical appointments, home or vehicle modifications, and help with household tasks you can no longer perform.

In cases involving particularly serious or permanent injuries, damages may also reflect the need for long-term care or assistance and the ways your relationships and daily activities have changed. By carefully documenting each area of loss and working with your medical providers, we build a picture of how the crash has affected you today and how it is likely to affect you in the future. This thorough approach allows us to pursue a result that better matches the full impact of the accident, rather than just the obvious, short-term bills.

Frequently Asked Questions

What Should I Do Immediately After a Motorcycle Accident?

After ensuring your safety and calling emergency services, it is crucial to collect evidence to support your case. This includes taking photographs of the scene, getting contact information from witnesses, and exchanging information with the other parties involved. Seeking immediate medical attention, even if you feel fine, is vital as some injuries may not be immediately apparent. Document all medical treatments and consult a legal professional to help navigate your claim.

How Can a Lawyer Help with My Motorcycle Accident Claim?

A motorcycle accident lawyer in Colorado Springs can provide invaluable assistance by negotiating with insurance companies, representing you in court if necessary, and ensuring that all legal documentation is handled correctly. They can also help gather evidence, obtain expert witness testimony, and work to secure the highest possible compensation for medical bills, lost wages, and other accident-related expenses.

How Is Fault Determined in a Motorcycle Accident?

Fault in a motorcycle accident is determined by evaluating evidence, witness statements, police reports, and any applicable traffic laws. Colorado follows a comparative negligence standard, meaning that if you are found to be partially at fault, your compensation may be reduced by your percentage of fault. It is essential to work with a knowledgeable attorney who can effectively argue your case and minimize potential liability.

What Compensation Can I Receive from a Motorcycle Accident Claim?

Compensation from a motorcycle accident claim can cover various losses, including medical bills, rehabilitation costs, lost wages, property damage, and pain and suffering. The total amount will depend on the severity of injuries, impact on future earning potential, and the circumstances of the accident. Having legal representation can help ensure that you receive a fair settlement reflecting the full extent of your damages.

Contact Our Motorcycle Accident Attorney in Colorado Springs Today

Insurance could cover property damage (damage to your motorcycle) as well as bodily injury, which includes accident-related medical expenses. You may also have grounds to file a personal injury claim in addition to collecting compensation from the at-fault driver's insurance.

In fact, the Hurt Report, a landmark study of the causes of motorcycle accidents, found that car drivers cause as many as two-thirds of all crashes with motorcycles by failing to yield the right of way to the motorcycle rider. If it can be proven that the driver is responsible for causing your accident, then you may be entitled to receive full compensation for your medical expenses, lost income, and pain and suffering.

Meeting with our team gives you a chance to ask questions about your options, timelines, and what to expect from the process. We review police reports, medical records, and any photographs or videos you have, then explain how Colorado law applies to your situation. By understanding your goals and concerns, we can recommend a strategy that is tailored to you and help you decide whether to pursue an insurance claim, a lawsuit, or both with guidance from a Colorado Springs motorcycle accident lawyer.