Motorcycles are quite popular in Adams County and throughout the state, and it’s vital for every rider to know their options for recourse after an accident. While motorcycle accidents happen for many of the same reasons that all other motor vehicle accidents occur, they often result in more severe damages. Any motorcycle accident has the potential to be a life-changing incident, and the victim needs to know the most viable options for recovering their losses.
Helping Adams County, CO, Motorcycle Accident Victims Recover Their Damages
The Law Firm of Jeremy Rosenthal has experience handling personal injury cases in Adams County, including those arising from unexpected motorcycle accidents. We know the challenges you are likely to face in the aftermath of your accident and the challenges your legal proceedings might present. Our goal is to help you approach your recovery process with confidence and peace of mind, ultimately securing as much compensation for your damages as state law allows.
How to Prove Liability for a Motorcycle Accident
The first step in any personal injury in Adams County is identifying the party responsible for the injury and proving they directly caused your damages. Motorcycle accidents happen in many ways, including:
- Distracted driving, which is the leading cause of all motorcycle accidents and other vehicle accidents in the United states each year.
- Speeding, which also increases the seriousness of resulting damages and is the leading contributing factor to fatal motorcycle crashes each year.
- Moving violations, such as failure to yield the right of way, performing an illegal turn, or failing to stop for a red light or stop sign.
- Driving under the influence (DUI) of alcohol or drugs. This is illegal in the state and can lead to criminal penalties for the at-fault driver, along with their liability for civil damages caused to other motorists.
Most motorcycle accidents happen because of negligence, or failure to uphold a duty of care in a specific situation. For example, all drivers have a duty of care to operate their vehicles attentively, and distracted driving is a clear violation of this duty. Therefore, when a motorcycle accident happens from negligence, the plaintiff needs to prove the defendant owed a duty of care they failed to fulfill and directly caused their claimed damages.
Alternatively, motorcycle accidents can happen from intentional misconduct like DUI or reckless driving. In these situations, defendants face criminal prosecution from the state as well as civil claims from those they injured. Your Adams County motorcycle accident attorney will be an invaluable asset for determining how a defendant’s illegal misbehavior could impact your recovery from the accident they caused.
Filing Your Insurance Claim
The first step in securing compensation for your damages after your motorcycle accident in Adams County is filing an auto insurance claim against the at-fault driver. State law requires all drivers to have auto insurance that comes into play when they cause accidents. Your Adams County motorcycle accident attorney can review the defendant’s policy and help you file your claim.
Once an insurance company sees that you have legal counsel, it will be inclined to process your claim swiftly and in good faith. Your attorney can streamline the insurance claim process and help you maximize your settlement, but it’s important to remember that insurance alone may not fully cover your losses. If this happens to you, you need to prepare to start a personal injury claim against the at-fault driver.
Winning Your Personal Injury Case in Adams County
After proving liability for your motorcycle accident and securing as much compensation as possible from insurance, the next step in your recovery process is filing a personal injury case. This civil suit allows you to claim compensation for damages that the insurance can’t cover. Even if you maximize your insurance claim settlement, it may only cover a portion of your total medical expenses and your vehicle repair costs. All outstanding losses can be sought through your personal injury claim, such as:
- Medical expenses. Motorcycle accidents can easily result in traumatic brain injuries, bone fractures, spinal injuries, and more. The defendant who injured you is liable for the cost of all the medical treatment you need to reach maximum medical improvement from your injuries.
- Lost income. If you cannot work due to your injuries, the defendant is responsible for the income you cannot earn during your recovery. If they have caused a permanent disability, they face liability for future income you can no longer earn, and your Adams County motorcycle accident attorney will be invaluable for accurately calculating these projected future losses.
- Property damage. Your insurance settlement may not fully cover your vehicle repair or replacement costs. Any remaining property losses can be claimed through your personal injury action.
- Pain and suffering. Colorado allows the plaintiff in a personal injury case to seek compensation for physical pain, emotional trauma, and mental anguish resulting from their personal injury. State law limits pain and suffering compensation in most personal injury cases, but your attorney can assist you in securing as much as the law allows for your motorcycle accident.
You may find that your case is worth more than you had expected if you hire the right attorney to represent you. When you select the Law Firm of Jeremy Rosenthal as your legal counsel, we will do everything we can to streamline the recovery process and maximize your compensation. However, if the defendant is clearly at fault for your damages, it behooves them to seek a settlement; otherwise, the case will need to be resolved through litigation.
Our goal as your legal counsel is to settle your case quickly, if possible, or get you ready for litigation if necessary. We have a long history of successful cases behind us thanks to our attention to detail and commitment to client-focused legal counsel. Whatever your case entails, you can rest assured that the full scope of our professional resources and experience will be at your disposal through every phase of the case.
Colorado Motorcycle Crash FAQs
Q: Who Is Liable for Damages From a Motorcycle Accident?
A: The state enforces the fault rule for motor vehicle accidents, so whichever driver is responsible for the motorcycle accident is liable for all resulting damages. It’s possible for liability to fall to more than one party, including the injured plaintiff. Your Adams County motorcycle accident attorney can assist you in clarifying fault for your motorcycle accident and identify any and all parties liable for your damages.
Q: What Happens If a Plaintiff Shares Fault With a Defendant?
A: In the event that a plaintiff is found partially liable for causing their damages in a personal injury suit, they will lose a portion of the total case award equal to their percentage of fault for causing the accident. As long as their fault is less than 50%, the fault percentage is deducted from the final award, and they keep the remainder. However, if the plaintiff’s fault exceeds 50%, they lose the right to seek compensation from the defendant.
Q: How Much Is My Motorcycle Accident Claim Worth in Adams County?
A: The total compensation you might secure from a successful motorcycle accident claim depends upon the extent of the damages you suffered and whether your accident caused long-term or permanent harm. Your Adams County motorcycle accident attorney can offer an estimate of the total damages you can claim from the defendant responsible for the accident and guide you through the process of holding them accountable.
Q: How Long Will It Take to Settle My Motorcycle Accident Claim?
A: If you have enough evidence to establish fault for the damages and the defendant accepts responsibility for the accident, it may only take a few weeks to resolve your case through an insurance claim and private settlement negotiations. However, if your case needs to be resolved through litigation, it will take much longer, potentially several months. Your Adams County motorcycle accident attorney can identify potentially complicating factors that could extend the time it will take to resolve your case.
Q: How Much Will It Cost to Hire an Adams County Motorcycle Accident Attorney?
A: It’s understandable to be concerned about the potential cost of hiring legal representation for your motorcycle accident claim, but the right attorney can help maximize your case award and hold the defendant fully accountable for the damages you suffered. The Law Firm of Jeremy Rosenthal accepts personal injury cases on a contingency fee basis, so there are no up front or ongoing fees for our firm’s representation. We only take a fee once we win your case, and our fee is a portion of the total amount recovered from the defendant.
The team at the Law Firm of Jeremy Rosenthal has cultivated a strong professional record as a leading choice for personal injury representation in Adams County and throughout the state. We will learn as much as possible about each client’s unique situation, providing carefully tailored legal advice through every stage of the cases we accept. If you still are struggling in the aftermath of a motorcycle accident someone else caused, we are ready to help. Contact us today and schedule your free consultation with an Adams County motorcycle accident attorney.