How Can a Denver Motorcycle Accident Lawyer Help You?

Colorado’s rugged and natural landscapes invite outdoor enthusiasts from around the world. People in Colorado want to be outdoors, so it’s no wonder that motorcycling is a favorite form of transportation and recreation for Coloradans. There’s nothing like that feeling when nothing comes between you and the open road.

But that openness and lack of bodily protection leaves you vulnerable to potentially catastrophic injuries when another party acts negligently and causes you to crash.

A motorcyclist’s unprotected frame is no match for a vehicle that weighs thousands of pounds.

If a motorcycle crash injured you or a family member, call Fuicelli & Lee today. Our Denver motorcycle accident lawyers will lead you through the process, from the initial consultation to the final settlement. We help you get on the road to recovery with all the compensation you deserve.

Schedule a Free Consultation Today!

Motorcycle Accidents in Colorado

Colorado is a motorcyclist’s Mecca, and Denver is its heart. Colorado ranks in the top 25% nationally for motorcycle ownership per capita, far exceeding Texas and even California.

But sadly, the popularity of motorcycles translates to a higher-than-usual rate of motorcycle accidents, deaths, and injuries. Colorado just set a tragic record for traffic accident deaths, and motorcycles were no exception.

Motorcycle crashes accounted for one in five traffic accidents that year but only 3% of all vehicle registrations. Motorcycle crashes resulted in 149 fatalities.

The trend showed similar traction when Colorado authorities investigated 35 motorcycle crashes that resulted in 36 deaths in the first half of the next year. Most of the crashes occurred in the Denver metropolitan area. Like other traffic accidents, motorcycle crash rates tend to fluctuate from year to year, yet the bigger trend shows a steady increase over a decade or more.

Motorcyclists have the same rights and responsibilities on the road as other motorists. They must follow the same traffic laws, but unfortunately, many motorists don’t see or yield to motorcycles the way they do to other vehicles, leading to serious accidents.

Uncovering the Facts of Your Motorcycle Accident

After a motorcycle accident, getting full and fair compensation depends on presenting undeniable facts about what really happened.

Fuicelli & Lee’s motorcycle crash attorneys investigate motorcycle crashes from every angle. We dig much deeper than the initial police report and insurance company statements. Our investigation helps to tell the complete story – your story – of the crash that turned your life upside down.

Some of the steps we take in our investigations are:

• Visiting, photographing, and videoing the crash scene: We often visit the location of the motorcycle accident to photograph and record evidence such as skid marks, debris, and road conditions.
• Interviewing witnesses: We identify and interview eyewitnesses to get firsthand accounts of how the accident occurred from other perspectives.
• Obtaining dashcam videos: If any nearby vehicles had dashcams that captured the incident, we try to obtain and review that footage.
• Accessing vehicle data recorders: Some newer motorcycle models and almost all new cars, trucks, and SUVs have electronic data recording devices that track speed, braking, and other data leading up to a crash. We download and analyze this data when possible.
• Finding surveillance videos: We check businesses, homes, traffic cameras and other potential sources near the accident scene for surveillance video of the incident.
• Hiring accident reconstruction experts: For complex cases, we work with highly qualified and reputable accident reconstruction professionals to analyze evidence and scientifically determine causation.

Determining Negligence

Proving negligence and holding another party liable after a motorcycle accident involves establishing four key elements concerning the events that caused the crash and the impact it had on you.

To start, we establish that the other party had a duty of care, meaning they had an obligation to operate their vehicle responsibly and take reasonable precautions to avoid injuring others on the road.

For example, drivers owe it to their passengers and all others on the road not to text and drive. Everyone who drives accepts this duty of care.

Unfortunately, sometimes drivers breach this duty through careless actions or failure to act appropriately.

A breach of duty refers to negligent behavior like excessive speeding, running red lights, or driving while intoxicated. Finding that a driver breached their duty of care and their failure directly caused your motorcycle accident satisfies the element of causation.

We then must show that the party’s breach of duty caused your injuries and that you suffered real damages as a result, such as physical injuries requiring medical treatment, lost income, and damage to your motorcycle or other property.

When all four of these elements are present—duty of care, breach of duty, causation, and damages—you likely have grounds to pursue a claim of negligence against the at-fault party.

Identifying Liable Parties

Sometimes, determining who is liable for a motorcycle accident goes beyond identifying the driver of the other vehicle involved.

Depending on the specific circumstances, more than one party may share responsibility.

• Other drivers: Other drivers who speed, drive under the influence of alcohol or drugs, are distracted by their phones, or simply do not operate their vehicles attentively and follow the rules of the road may be liable.
• Employers: An employer may also be liable if their employee was driving a company vehicle for work-related purposes when the accident occurred. Employers are generally responsible for their employees’ negligent acts during the scope of employment.
• Municipal Government or Agency: If poor road design, lack of signage, improper road maintenance, or a known defect contributed to the crash, the appropriate government body could be liable.
• Mechanic / Repair shop: A mechanic who serviced your motorcycle or performed maintenance on it could be liable if some element of their work contributed to your crash.

Our Denver motorcycle accident lawyers consider all of these potentially liable parties when we investigate your accident.

Colorado’s Modified Comparative Negligence Rule

Colorado law has a modified comparative negligence rule with a 50% threshold. This means that any damages the court awards you will drop by your percentage of fault for the accident. However, if you are 50% or more to blame, you will not collect any compensation.

Defendants, their lawyers, and their insurers may try to use Colorado’s comparative negligence rules against you. Hiring an experienced motorcycle accident lawyer who understands the other side’s potential strategies is critical to your case’s outcome.

The defense may try to pin some or all of the blame on you to reduce or eliminate the compensation they owe.

With several former prosecutors on our team, Fuicelli & Lee knows how to fight for your full and fair compensation.

Gathering Evidence to Support Your Case

Building a strong motorcycle accident case involves collecting evidence from multiple sources. Even seemingly minor information may support your claim. We gather and analyze all relevant evidence to build your case and support your claim.

Key evidence we often seek may include:

• Police Reports: The police report from the accident scene is a major piece of evidence that details the responding officers’ observations, statements from those involved and witnesses, as well as any citations issued. However, these reports often don’t tell the full story and sometimes contain errors, making additional investigation necessary.
• Your Statements and Accounts: We document your detailed statements about how the accident occurred and the physical, emotional and financial hardships you’ve endured. Journals, notes or correspondence regarding your injuries and recovery can provide supporting evidence of how the motorcycle crash affected your life.
• Toxicology Reports: If alcohol or drug use were involved, toxicology reports confirming the at-fault driver’s intoxication levels provide strong evidence of negligence.
• Traffic Citations and Criminal Charges: Any traffic citations the police issue to the at-fault driver at the scene and criminal charges such as DUI are evidence of unlawful and negligent driving behavior.
• Driving History: The other driver’s full driving record can reveal prior infractions, suspensions or a pattern of reckless conduct behind the wheel.

Evaluating Your Damages and Losses

After a motorcycle accident, you’re facing emotional turmoil, physical pain, and financial distress. Our job is to accurately assess every way this trauma has upended your life, both now and in the future.

We work closely with you to identify and calculate the full extent of your damages. This comprehensive evaluation ensures you receive full compensation for all you’ve endured.

Economic or Special Damages

These damages are quantifiable financial losses from your motorcycle accident.

They include:

• Medical bills (including future care costs)
• Lost wages and diminished earning capacity
• Property damage to your motorcycle
• Household out-of-pocket expenses
• Costs for disability accommodations or modifications

Non-Economic Damages

While more subjective, non-economic damages compensate you for the immense physical and emotional trauma you endured, such as:

• Pain and suffering
• Permanent disability or disfigurement
• Loss of enjoyment of life
• Emotional distress

Wrongful Death Damages

While no amount of money can replace your loved one, it can provide needed support and lessen the burdens you shoulder.

The wrongful death damages you may seek after losing a beloved family member include:

• Funeral/burial expenses
• Loss of financial support
• Loss of companionship, guidance and protection

We know the overwhelming physical, emotional, and financial trauma a motorcycle accident causes. The last thing you need is to endure more suffering by accepting an inadequate settlement that doesn’t account for the full extent of your damages.

At Fuicelli & Lee, we take the time to truly understand and evaluate all of the ways your accident has upended your life. We’re passionate, results-driven advocates determined to make things right by maximizing your recovery and ensuring your voice is heard.

Act Quickly: Colorado’s Statute of Limitations

Colorado law puts a three-year statute of limitations on all automobile crashes, including motorcycle crashes. Certain exceptions exist that can shorten or extend this timeframe depending on your circumstances, so consult a personal injury lawyer as soon as you can to protect your claim.

Choosing the Right Denver Motorcycle Accident Lawyer

It’s natural to feel overwhelmed and uncertain after a motorcycle crash. The thought of calling and talking to a lawyer may make you feel even more overcome.

But as tempting as it may feel to push the crash into the past, calling our lawyers provides the key to a brighter future.

Our Denver motorcycle accident lawyers do all the legwork for you, including standing up to insurance companies that tempt you with a lowball settlement offer or find ways to weaken or deny your claim. We make sure nobody tries to take advantage of you or deny you the compensation you deserve.

At Fuicelli & Lee, our success in helping clients fuels the work we do. When you choose us, we ensure you are in good hands with:

• A Client-Centered Approach: We take the time to listen to you so we fully understand your unique situation. We firmly believe in treating every one of our clients with compassion and respect. We keep you informed throughout the process so you never wonder where your case stands.
• Unwavering Commitment: We won’t back down until we secure maximum compensation for your damages.
• A Proven Record of Success: We have a long and proven record of delivering results and obtaining substantial settlements and verdicts for motorcycle accident survivors and their families.
• Former Prosecutors on Staff: Several of our lawyers are former prosecutors. Having prosecuted cases ourselves gives us invaluable courtroom insights to effectively handle the defense.
• Experienced Trial Lawyers: Our lawyers combined have decades of experience arguing complex cases before judges and juries. We are fully prepared to take your case to trial if that’s what it takes to get you the compensation you need.
• Contingency: We work on a contingency basis, which means that you can afford highly experienced and qualified legal counsel at no upfront cost. You owe us nothing until we win your case.

Contact a highly experienced and proven lawyer after a serious motorcycle crash. The quicker you act, the more prepared we are to fight for you.

Call Fuicelli & Lee Today

Our Denver personal injury lawyers understand the unique challenges bikers face, both on the road and in the courtroom. We fight to protect your rights, and we are committed to getting you all the compensation you need for your injuries and losses.

Call us today at (303) 444-4444 for a no-cost, no-obligation evaluation of your case.

Schedule a Free Consultation Today!