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For many of our clients, motorcycling isn’t just a method of transportation; it’s a lifestyle. While the thrill of driving on Colorado’s scenic roads on a motorcycle is exciting, it also carries a greater risk of injury in the event of a crash.
If you’ve been hurt or lost a loved one in a motorcycle accident, call Fuicelli & Lee today at (303) 355-7202 to discuss your case for free with an experienced Denver motorcycle accident attorney. We serve injury victims across Colorado’s front range, including Denver, Longmont, and Pueblo. Se habla español.
Why Choose Us?
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- At Fuicelli & Lee, our motto, “Experience Matters,” is a reflection of the drive, track record, and relentless pursuit of justice held by our attorneys. We understand the strategies insurance companies use to put their profits before your well-being. We also know how to counter these tactics to obtain the justice and compensation you truly deserve.
- One of our partners, Keith Fuicelli, is a brain injury survivor and understands firsthand what his clients are going through.
- We service all of Colorado. We offer virtual case management from initial consultation through settlement if that is what the client desires. We are tech-forward – text, e-signing, and emailing are key components of our virtual case management.
- We offer all clients our No Fee Promise and free initial consultations to help you determine if you have a case. Our attorneys only get paid if you receive a settlement or verdict on your case. Our fees are paid as a percentage of the money we help you recover after the case is settled.
On this page, we discuss the following:
- Causes of Motorcycle Accidents
- Common Motorcycle Accident Injuries
- Compensation for Motorcycle Accident Fatalities
- Potential Damages in a Motorcycle Crash Case
- Colorado Helmet Law
- Defective Motorcycles
- How Our Motorcycle Accident Lawyers Can Help You
- Speak with Our Motorcycle Accident Lawyers Today for Free
Causes of Motorcycle Accidents in Denver, CO
Most motorcyclists ride responsibly and demonstrate caution on the road. Statistically, wrecks that involve motorcycles are typically caused by operators of passenger vehicles. Some of the most common causes include:
- Aggressive, selfish driving by cars unwilling to share the road with motorcycles
- Failure to take notice of a motorcycle lawfully driving on the road
- Left turns in front of a motorcycle
- Driving while under the influence of drugs or alcohol
- Improperly placed or maintained road hazards
- Distracted driving, especially texting while driving
Significantly, injured motorcyclists can seek damages even in cases where another vehicle doesn’t actually collide with your motorcycle. For example, if you suffered injuries because a driver cut you off and forced you to veer off the road, you may still be able to pursue damages from the driver who caused your crash.
How Our Denver Motorcycle Accident Lawyers Can Help You
When you’re dealing with the financial, physical, and emotional hardships brought on by a severe injury, the maximum compensation isn’t extravagant; it’s necessary. You may be facing lost wages, high medical bills, pain, and disability.
When you work with the skilled motorcycle accident lawyers at Fuicelli & Lee, we will fight aggressively on your behalf and stand beside you throughout each stage of your recovery and legal process. We will:
- Take time to understand your side of the story. We understand that sometimes when you are dealing with the trauma of an accident, it may be challenging to articulate the details of your accident. We truly care about our clients and expressly limit our case docket to ensure every client receives our undivided attention.
- Provide an honest, straightforward evaluation of your case. Some personal injury attorneys will take your case even when they are not convinced about the merits of your case. We will not do that. We would rather not waste your time and give you false hope. If we don’t believe wholeheartedly in the merits of your case, we will tell you right away. If we take on your case, you will get the same honest and straightforward communication until the end of your case.
- Carefully investigate the details of your accident to determine the parties responsible for your injuries. This is important so that you can get full and fair compensation for your injuries. Colorado follows comparative negligence principles, which means that any party involved in an accident is only liable to the extent that they were responsible for the accident. Failure to identify all parties liable could deprive you of the full compensation due to you.
- Pursue maximum compensation for your losses. In addition to winning full and fair compensation for our clients, we frequently win excess verdicts – verdicts that exceed insurance proceeds for our clients.
- Litigate in court or negotiate a fair settlement. Many firms are intimidated to go to trial and don’t have the experience needed to win in court. All of our attorneys are former prosecutors with 20+ years of experience. We diligently prepare for every case so that we are courtroom-ready if we need to take the case to court.
How Are Motorcycle Accident Cases Different?
Motorcycle riders do not have the same physical protections that vehicle drivers and occupants have when riding inside a car. Motorcycle riders are exposed to the elements. Being on two wheels with no structural protection around their bodies and are at a disadvantage when they are in an accident with other cars.
The Insurance Institute for Highway Safety reports that in 2019, motorcycle deaths accounted for 14 percent of all vehicle crash deaths. For the same year, federal government estimates put the number of deaths on motorcycles at nearly 29 times the number of deaths in cars.
Unfortunately, motorcyclists are faced with negative bias when they are on the road. There is, arguably, a general perception that motorcyclists are more reckless and indulge in more risky behavior than other road users. Some car drivers resent the adaptability of motorcycles and their ability to weave through traffic and may drive aggressively around motorcyclists, causing accidents.
In many cases, motorcycle accidents are caused by inattentive drivers who simply did not see the motorcyclist. This bias against motorcyclists often impacts how a motorcycle accident case is viewed by the insurance company and the jury. The defendants could try to use the assumption of risk as a defense to avoid liability for the injury caused. The argument is that motorcyclists assume the risk of injury, given the dangers associated with motorcycles.
An experienced motorcycle accident attorney with in-depth experience can quickly recognize these biases and develop a strategy to overcome any threats to your claim.
Common Motorcycle Accident Injuries
Motorcycle accidents are rarely simple fender-benders. Because motorcyclists have little protection in an impact, motorcycle wrecks tend to involve more traumatic injuries than those involving passenger vehicles. Even when wearing protective gear, motorcycle crashes often result in:
- Brain injuries: One of the most devastating types of injuries, brain injuries can lead to headaches, mood swings, memory loss, and cognitive. A traumatic brain injury can also result in impaired limb function, comatose states, abnormal speech, and severe emotional struggles.
- Spinal cord injuries: Motorcycle accidents often cause traumatic spinal cord injuries, which can result in paralysis. Paralysis victims can suffer both temporary and permanent impairment. Treatment and care of these injuries may require surgery, nursing care, and intensive physical, occupational, or speech therapy.
- Road rash: Road rash injuries consist of painful bruises and abrasions that occur when a motorcycle rider is thrown or dragged from their bike during a crash. Pain and heavy bleeding are typical symptoms. Road rash often refers to both the initial injury and the subsequent scaring that remains after the wound heals. Types of road rash injuries include:
- Cuts and Scrapes Requiring Stitches: These are open wounds caused by road surfaces grating against the skin, often at high speeds. These require stitches to close the wound and facilitate healing. Infection is a huge risk with these types of injuries.
- Compression Injuries: When an arm or leg becomes wedged between the bike and the road, these crushing or bruising injuries are common.
- Avulsion Injuries: The most serious type of road rash, these wounds are deep scrapes where all layers of skin are stripped away, leaving severe scarring. In a full-thickness wound, muscle and fat may be visible. These injuries usually necessitate skin grafts.
- Broken bones: When exposed to extreme force, bones often break or crack. While many fractures are effectively treated with casts or splints, more complicated fractures may involve surgery and rehabilitation.
Compensation for Motorcycle Accident Fatalities
Injuries sustained from motorcycle crashes are often fatal. If you’ve lost someone you love in a wreck, no monetary award can undo the heartache that you and your family are experiencing. However, compensation through a wrongful death lawsuit can mitigate the undue financial strain caused by your loss. As the spouse or dependent of a loved one killed in an accident, you may be able to recover compensation for the:
- Loss of your loved one’s wages and benefits
- Medical expenses
- Funeral and burial costs
- Loss of guidance
- Loss of companionship
There may be other damages not included in the list above, for which compensation may be awarded. Speak for free to one of our experienced attorneys today to learn more about what you could recover in a motorcycle accident claim.
Potential Damages in a Motorcycle Crash Case
At Fuicelli & Lee, our goal is to obtain full and fair compensation for your injuries. While we cannot guarantee specific outcomes, we can promise that our experienced attorneys will work tirelessly on your behalf to hold those responsible for your losses accountable.
Motorcycle accident claims may result very differently depending on the injuries you sustained, what other damages were involved, and what effect they had or are likely to have in the future. Depending on the unique details of your case, compensation may be awarded for damages such as:
- Medical bills
- Lost earnings
- Pain and suffering
- Physical rehabilitation
- Job rehabilitation
- Prescription medications
If you’ve been hurt in a motorcycle accident, our Denver motorcycle accident attorneys want to hear your story, how the wreck occurred, and how the injury has affected your life. It costs you nothing to call us today. Let us put our knowledge, experience, and skill to work for you. Your dedicated Denver motorcycle accident attorney will not charge a fee unless we win. Contact us today to schedule a free case evaluation.
How Is Liability Determined in a Motorcycle Accident Case?
A motorcycle accident victim may make a claim for compensation based on negligence. Negligence is an area of law concerned with making sure that people who have been injured as a result of the carelessness or recklessness of others get monetary compensation for their injuries. The objective of a negligence claim is not to punish the wrongdoer. Punishment for the wrongdoer may be pursued by the state if they are found to have committed a criminal offense. The purpose of a negligence claim is to provide the monetary resources needed to make the victim whole again.
To succeed in a negligence claim, an accident victim must prove all four elements of negligence. Failure to do so will be fatal to their claim. The four elements of negligence are:
- The alleged wrongdoer owed the victim a duty of care. All road users owe a duty of care to other road users. All road users must avoid acting in a way that causes foreseeable harm to others.
- The alleged wrongdoer breached their duty of care. Violation of traffic rules and regulations by any road user would be a breach of their duty of care.
- The breach was the legal or proximate cause of the victim’s injury. Sometimes, an accident may be caused by a chain of events that commenced long before impact. While the actual cause of the victim’s injury may be the accident at the scene, the proximate cause could be something else. For instance, if the accident was the result of a defective vehicle part, then that could be the proximate cause, and the manufacturer could be held liable for the victim’s injuries.
- The victim must suffer actual damages. Damages can be economic or non-economic. Economic damages cover losses of monetary value like hospital bills, lost wages, and property damage.
Colorado follows comparative negligence principles. This allows for a victim’s compensation to be reduced by the percentage of fault apportioned to the victim. For instance, if a victim’s compensation is valued at $100,000, and it is determined that the victim was ten percent at fault for the accident, they will receive $90,000. However, if it is determined that the victim’s fault was equal to or more fault than the person they are claiming compensation from, then the victim will not receive any compensation.
Colorado Helmet Law
Colorado is among the majority of U.S. states that do not have universal helmet laws. However, several states that do have such laws have seen dramatic drops in motorcycle fatalities immediately after enacting those laws. Conversely, some states have seen the numbers go back up after abolishing universal helmet laws.
Actually, Colorado was one of the first states to enact a universal helmet law, but that was done because of a federal law passed in 1967 tying federal highway funds to helmet laws. When the 1967 law was abolished, Colorado’s universal helmet law soon followed. Colorado does have a helmet law today, but it does not require all motorcyclists to wear one. Colorado’s helmet law has the following stipulations:
- Helmets must be worn by riders aged 17 and younger.
- Helmets may have speakers
- All riders must wear eye protection
- Any motorcycle helmets sold in Colorado must be Department of Transportation-approved
Many safety experts encourage all motorcyclists in Colorado to wear helmets, regardless of the absence of a universal helmet law. Wearing a helmet does not make a rider impervious to injury, but it can go a long way toward reducing the severity of injuries. There are several other things riders can do aside from wearing a helmet to increase their level of safety.
Riding leathers, including gloves and boots, are very helpful, as are rider safety courses designed to help provide motorcyclists gain the knowledge and skills that they can use to avoid crashes in the first place. Many traffic accidents are speed-related, making them much more deadly for a motorcyclist. Driving the speed limit can actually go a long way toward keeping motorcyclists safe.
In some cases, motorcycle accidents aren’t the result of driver negligence, but due to the defective design or manufacture of the bike itself. Examples of motorcycle defects include:
- Defective brakes
- Defective tires
- Defective fuel system
- Malfunctioning seats
- Accelerators that stick
- Defective helmet
The Denver motorcycle accident attorneys at Fuicelli & Lee know how to successfully navigate the complexities of defective product cases. We will determine the true cause of the accident. If a designer or manufacturer is responsible for a defect and did not properly warn people who purchased the bike, we will diligently fight for justice on your behalf. Fuicelli & Lee has successfully represented motorcycle accident victims throughout Colorado. We have the knowledge, skill, and necessary to ensure you get the exceptional legal counsel you deserve. Call us today to discuss your case for free.
Speak with Our Denver Motorcycle Accident Attorneys Today for Free
We want to hear from you. Call us today at (303) 355-7202 for a free case review. We serve Denver, Longmont, and other areas throughout the Front Range. Our Denver Personal Injury attorneys handle motorcycle accident cases on a contingency fee basis, meaning that you owe us nothing unless we reach a successful outcome in your case.
“Lori Tolle and her team are fantastic! They communicate well and are very compassionate. They made a complicated case go much smoother than anticipated. I highly recommend Fuicelli & Lee, P.C.” – Troy H. ⭐⭐⭐⭐⭐
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Fuicelli & Lee, PC – Denver Office
1731 Gilpin Street
Denver, CO 80218
P: (303) 355-7202