Motorcycle Laws in Colorado Aim to Save Lives | Fuicelli & Lee
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Motorcycle Laws in Colorado Aim to Save Lives

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July 21, 2023 Motorcycle Accidents

Driving a motorcycle can be an enjoyable and liberating experience for both new riders and die-hard aficionados. Unfortunately, despite their right to share the road with other vehicles, motorcyclists often find themselves vulnerable to accidents. This is frequently due to the negligence or recklessness of other motorists.

Colorado has specific laws to ensure that other road users consider the well-being of motorcyclists. Colorado statutes hold any drivers violating these laws accountable for their actions.

Of course, you may not give much thought to such laws until you find yourself in a collision with another motorist; however, at that point, these laws can make a world of difference to you and your family.

If you or a loved one suffers injuries in a motorcycle accident, consult a motorcycle accident lawyer who will fight for your rights and get you the maximum compensation possible for your injury.

Motorcycle Laws in Colorado

Experience Lawyer for Motorcycle AccidentMotorcyclists in Colorado have the same rights as other motorists when it comes to personal injury claims. This means they have three years to file a claim from the date of their accident.

Colorado is an at-fault state, so a motorcycle accident victim will generally file a claim with the other party’s insurance company to obtain compensation. If the insurer refuses to settle, you can file a lawsuit. In both the insurance claim and the personal injury suit, the plaintiff must prove the other party’s fault for the crash.

Colorado operates under a modified comparative negligence system, which means that a plaintiff can only receive compensation if they prove that the other driver was more than 50 percent at fault. They can then claim compensation proportional to the other party’s percentage of fault. Talk to your lawyer about how comparative negligence may affect your case.

As you can tell, Colorado’s personal injury laws get complicated very quickly. Trying to represent yourself is usually a difficult, time-consuming, and risky proposition. That’s why you need the services of experienced motorcycle accident attorneys to handle your case.

What Damages Can a Motorcycle Accident Victim Recover?

In a motorcycle accident in Colorado, the damages you may recover can vary depending on the specific circumstances of your case, the extent of your injuries, and the state’s applicable laws.

Here are some common types of damages that you might seek compensation for:

  1. Medical expenses: This includes the cost of emergency medical care, hospitalization, surgeries, medications, rehabilitation, physical therapy, and any other necessary medical treatment related to your injuries.
  2. Lost income: If your injuries prevent you from working, you might be able to claim compensation for your lost income.
  3. Property damage: If the accident destroyed or damaged your motorcycle, you can seek compensation to repair or replace it. This claim may also include reimbursements for damaged gear, such as helmets, riding jackets, or boots.
  4. Pain and suffering: You may be able to pursue compensation for physical pain, emotional distress, mental anguish, and the overall impact on your quality of life.
  5. Loss of consortium: In some cases, the spouse or family members of the injured party may be able to seek compensation for the loss of companionship, affection, or intimacy resulting from the injuries sustained in the motorcycle accident.
  6. Punitive damages: In cases involving particularly reckless or intentional behavior, the court may award the claimant punitive damages to punish the responsible party and deter similar actions.

Common Factors in Motorcycle Injury Cases

Million Dollar Advocates ForumAn experienced motorcycle injury lawyer will consider several factors as they help you navigate your case. Some common considerations include:

Negligence and Duty of Care

In personal injury cases, negligence is the failure to exercise the reasonable care that a prudent person would exercise under similar circumstances. Negligence often leads to accidents, resulting in injuries to the motorcyclists involved. A personal injury attorney can establish negligence on the part of the other motorist in a motorcycle accident case.

All motorists owe a duty of care to other road users, including motorcyclists. This duty demands that drivers operate their vehicles safely and responsibly and take the necessary precautions to avoid causing harm to others sharing the road. When a driver breaches this duty, the courts may hold them legally responsible for any injuries the motorcyclist sustains.

There are numerous examples of negligent behavior that could lead to motorcycle accidents.

Some of these include: 

  • Right of way violations.
  • Distracted driving.
  • Speeding.
  • Driving under the influence.
  • Making unsafe lane changes.
  • Following too closely.

Right-of-Way Violations

Peer Rated For Ethical Standards and Legal Ability 2022Right-of-way laws promote the smooth flow of traffic and prevent collisions. These laws determine who has the right to proceed first at intersections, when merging onto or off highways, and in other road situations. Violating these laws can lead to accidents, including those involving motorcyclists.

Common scenarios in which other motorists may violate right-of-way laws, causing motorcycle accidents, include:

  • Turning left in front of an oncoming motorcyclist.
  • Failing to stop at a stop sign or red light.
  • Merging onto a highway without giving proper space to a motorcyclist already on the road.

In these situations, the motorist is violating the motorcyclist’s right of way, which can lead to serious injury or even death.

Distracted Driving

Distracted driving is a significant threat to road safety. Taking a driver’s attention away from the task of driving can lead to slower reaction times, impaired judgment, and, ultimately, collisions with other vehicles, including motorcycles.

Examples of common distractions that can lead to accidents involving motorcyclists include:

  • Texting or talking on the phone.
  • Dashboard dining.
  • Adjusting the radio.
  • Using a navigation system.
  • Grooming.
  • Engaging with other passengers.

Any of these distractions can cause a driver to lose focus on the road, increasing the likelihood of an accident with a motorcyclist or other road user.

Speeding

Speeding poses a significant danger to all road users. This is particularly true for motorcyclists, who are more vulnerable to severe injuries in accidents involving high speeds. When drivers exceed the posted speed limit or drive too fast for road conditions, they increase the likelihood of losing control of their vehicle and causing a collision.

Examples of how speeding can lead to accidents involving motorcyclists include: 

  • Rear-ending a motorcyclist who is stopping or slowing down.
  • Side-swiping a motorcyclist when trying to change lanes.
  • Losing control of the vehicle and entering the motorcyclist’s lane.

In these scenarios, the driver’s excessive speed can result in catastrophic injuries or fatalities.

Driving Under the Influence

Impaired drivers exhibit reduced reaction times and impaired judgment and are less likely to perceive and react to potential hazards, which increases the risk of causing an accident.

Statistics show that a considerable percentage of fatal motorcycle accidents involve drivers who are under the influence of alcohol or drugs. Colorado receives reports of more than 20,000 instances of impaired driving every year. These entirely preventable accidents devastate motorcyclists and their families.

Reckless Driving

Reckless driving involves operating a motor vehicle with willful or wanton disregard for the safety of others. A reckless driver displays total indifference to the potential consequences of their actions. This dangerous behavior can have severe repercussions, particularly for motorcyclists, who are more vulnerable to injuries in a collision.

Examples of reckless driving behaviors that can lead to motorcycle accidents include: 

  • Excessive speeding.
  • Weaving in and out of traffic.
  • Tailgating.
  • Failing to respond to traffic signals.
  • Engaging in road-rage behaviors.

These actions can result in catastrophic accidents, leaving motorcyclists with severe injuries or even claiming their lives.

Making Unsafe Lane Changes

Laws governing safe lane changes are crucial in preventing accidents, as they ensure that drivers do not make sudden or dangerous maneuvers that could endanger other road users. Motorists must adhere to these laws when sharing the road with motorcyclists, whom other drivers can easily miss due to their smaller size.

Common scenarios in which other motorists may make unsafe lane changes, causing motorcycle accidents, include:

  • Failing to check blind spots.
  • Neglecting to use turn signals.
  • Cutting off a motorcyclist.
  • Merging too closely in front of a motorcycle.

These actions can result in serious injuries or even fatalities for motorcyclists, who often have little time to react and evade danger.

Following Too Closely

Laws governing safe following distances are vital in preventing rear-end collisions, as they ensure that drivers maintain enough space between their vehicle and the vehicle in front of them to react and avoid a collision. Adhering to these laws is particularly important when following motorcyclists, who are more vulnerable to the impact of a rear-end collision.

Examples of how following too closely can lead to accidents involving motorcyclists include:

  • Forcing a motorcyclist to swerve to avoid debris or obstacles in the road.
  • Getting caught off-guard by a motorcyclist’s sudden deceleration.
  • Failing to recognize a motorcyclist’s intention to execute a turn.

In these scenarios, the driver’s failure to maintain an adequate following distance can result in severe injuries or fatalities for the motorcyclist.

The Role of Your Attorney

Here are some ways a personal injury attorney can recover compensation for a motorcycle accident:

  • A personal injury attorney has a deep understanding of the legal aspects related to motorcycle accidents. They can assess your case, determine the relevant laws, and provide guidance based on their expertise.
  • Your attorney will evaluate the details of your motorcycle accident case, including the extent of your injuries, property damage, medical expenses, and other losses. They will assess the strength of your case and advise you on the potential compensation that you may be able to claim.
  • To build a strong case, your attorney will collect and gather evidence related to your motorcycle accident. This may include accident reports, witness statements, photographs or videos of the accident scene, medical records, and any other relevant documentation.
  • One crucial aspect of a personal injury case is determining liability. Your attorney will investigate the accident thoroughly to establish who was at fault. They may consult accident reconstruction experts or hire investigators to gather additional evidence.
  • Your attorney will help determine the full extent of your damages, which may include medical expenses, property damage, lost income, pain and suffering, and future medical costs. They will calculate a reasonable compensation amount that adequately reflects your losses.
  • If the two parties cannot reach a fair settlement through negotiation, your attorney will take your case to court. They will advocate for your rights, present your case to a judge and jury, and work to secure the compensation you deserve.
  • Throughout the legal process, your personal injury attorney will provide you with guidance, support, and regular updates on the progress of your case. They will answer your questions, address your concerns, and ensure that you are informed and prepared.
Keith Fuicelli Attorney for Motorcycle Accident near Denver area

Keith Fuicelli Motorcycle Accident Lawyer in Denver

Let a Motorcycle Accident Lawyer Fight for Your Rights

Understanding and respecting motorcycle laws is crucial for all road users, as they promote safety and reduce the risk of accidents involving motorcyclists. By adhering to these laws, drivers can help protect vulnerable motorcyclists and contribute to a safer and more enjoyable road environment for everyone.

If you do find yourself the victim of a motorcycle accident, consult a personal injury attorney in Denver who specializes in personal injury cases. Obtain legal advice and guidance specific to Colorado by reaching out to a reputable personal injury lawyer to fight for your rights today.

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