Motorcycles may be fun to ride, but they are inherently dangerous for several reasons, and motorcyclists face increased risk on the road compared to most other drivers. A motorcycle offers no physical protection from a crash, and the rider can not only suffer injuries from a primary impact from another vehicle but also the secondary impact of hitting the ground. When these accidents happen, injured riders need to know their options for recourse that will enable them to recover their losses.
Helping Broomfield, CO, Motorcycle Accident Victims Recover With Confidence
Any motorcycle accident has the potential to be a life-changing event for the rider. The risk of catastrophic or fatal injury is much greater in a motorcycle accident than it is in most other vehicle accidents, and it’s certainly understandable for the victim of such an event to have lots of pressing legal questions about how they can recover and who is liable for the damages.
The Law Firm of Jeremy Rosenthal offers compassionate legal counsel to victims of personal injuries in Broomfield, including motorcycle accident victims. We have helped many clients recover substantial case awards and we are prepared to leverage our professional experience for you. Whatever your case may entail, you can expect responsive legal representation through all stages of your recovery.
Establishing Liability for Your Motorcycle Accident in Broomfield
The first step after your motorcycle accident or any other personal injury in Broomfield is proving exactly how the incident happened and identifying the party responsible for it. Colorado upholds the fault rule for vehicle accidents, so whichever driver is at fault for causing an accident absorbs liability for all resulting damages.
Most motorcycle accidents in Broomfield happen because of negligence, or failure to exercise reasonable care in a specific situation. A few commonly cited examples of negligence that can cause motorcycle accidents are distracted driving, failure to yield the right of way, and other moving violations. When negligence causes a personal injury, the victim must identify the party who caused their injury and then prove their lack of reasonable care resulted in actual harm.
Alternatively, it is possible for someone to cause a serious motorcycle accident through intentional misconduct, such as driving under the influence (DUI) of alcohol or drugs. If your personal injury occurred because of another party’s illegal activities, they face criminal prosecution with heightened penalties along with your civil claim. In addition to your civil damages, you could receive punitive damages or restitution to account for the seriousness of their illegal behavior.
It is important to remember that the state enforces the modified comparative fault rule with a plaintiff fault threshold of 50%. This means that if a plaintiff is partially at fault for their personal injury, they lose a portion of their total case award equal to their percentage of fault for causing the accident. However, if their fault is 50% or more they cannot claim compensation.
Recovering Compensation for a Motorcycle Accident in Broomfield
After you have proven liability for your motorcycle accident you can proceed with claiming compensation for your damages. The first step in this process will be an auto insurance claim against the at-fault driver. Colorado law requires every driver to have auto insurance, and your Broomfield motorcycle accident attorney can help file your claim. This may not cover all your losses, but a successful insurance claim can provide some valuable initial compensation for your losses.
After exhausting available insurance coverage, the next step in securing repayment of your damages would be filing a personal injury claim against the at-fault driver. Success with this claim will require proof that their misconduct or negligence directly caused actual harm, or tangible losses that you can prove occurred solely due to their actions.
The Law Firm of Jeremy Rosenthal can help a client accurately calculate the full range of damages they could potentially secure from a successful personal injury claim. Under the state’s personal injury laws, the plaintiff has the right to recover compensation for:
- Medical expenses, including those incurred immediately after the accident as well as long-term treatment costs for severe injuries. The defendant is liable for all the medical treatment you require to achieve maximum medical improvement from your injuries.
- Lost income. You might be out of work for an extended time due to your injuries. If so, the defendant is liable for the wages you cannot earn during your recovery period.
- Lost future income. Unfortunately, many motorcycle accidents cause catastrophic injuries that leave victims disabled from work in the future. If this is your case, the defendant is liable for the lost earning capacity resulting from their actions.
- Property damage. Your auto insurance claim might help you recover your vehicle repair or replacement costs, but any remainder that insurance can’t cover may be included in your personal injury case as economic damages.
- Pain and suffering. You have the right to hold the defendant accountable for the pain and psychological suffering you endured because of their actions. State law limits pain and suffering compensation in most personal injury cases, but having an experienced attorney handling your case is the optimal way to maximize your non-economic damages.
You might discover that you can claim much more compensation than you had expected when you have the right Broomfield motorcycle accident attorney handling your case. When you select the Law Firm of Jeremy Rosenthal to represent you, we will do everything in our power to streamline your recovery as much as possible, reducing the time it takes for you to receive the compensation you rightfully deserve.
Most of the personal injury cases filed end in settlement. The settlement negotiation process allows both the plaintiff and the defendant to avoid a protracted litigative battle in court, but only if they are willing to compromise and negotiate a mutually agreeable resolution. In the event that settlement is not possible for any reason, the case will need to unfold through litigation.
Motorcycle Accident Lawyers FAQs
Q: Do I Really Need to Hire a Motorcycle Accident Lawyer?
A: There is no law in the state that explicitly requires you to hire legal counsel to help you recover from a recent motorcycle accident. However, you have the highest chances of success with any recovery efforts you attempt when you have experienced legal counsel advising you. Your attorney can streamline your case proceedings in several ways and potentially secure far more compensation than you could manage on your own.
Q: What Is My Time Limit for Filing a Motorcycle Accident Claim in Broomfield?
A: You have a very limited window in which to start an auto insurance claim after a motorcycle crash, sometimes as little as a few days. The state’s statute of limitations on personal injury claims is two years from the date your injury occurs. If you anticipate pursuing both of these recovery options, it’s ideal to consult a Broomfield motorcycle accident attorney as soon as you address your immediate medical concerns after your accident.
Q: How Much Is My Motorcycle Accident Claim Worth in Broomfield?
A: You have the right to seek repayment of all the economic damages you suffered from your motorcycle accident, along with pain and suffering compensation. There are no limits on economic damages, so the defendant is fully liable for the entire financial impact of their misconduct or negligence. However, Colorado law limits pain and suffering compensation in most personal injury cases. Therefore, your Broomfield motorcycle accident attorney is your most valuable asset when it comes to how you can maximize your case award.
Q: How Long Does It Take to Settle an Auto Insurance Claim in Broomfield?
A: If the defendant is clearly responsible for your accident and you have an experienced attorney assisting you with the insurance claim process, it may only take a few weeks for you to receive an appropriate settlement from their insurance provider. However, if any disputes arise or if the insurance company does not handle your claim in good faith, it will extend the time it takes to settle the insurance claim.
Q: How Much Does a Broomfield Motorcycle Accident Attorney Cost?
A: The Law Firm of Jeremy Rosenthal offers personal injury representation on a contingency basis. This means when you choose our firm to represent you, there are no up front or ongoing fees for our counsel. Instead, we will take a portion of the total case award we help you to secure from the defendant. You only owe a contingency fee if we win your case, so if we are unable to get compensation for you, you will owe nothing at all.
The Law Firm of Jeremy Rosenthal offers accessible and affordable legal representation to victims of motorcycle accidents and other personal injuries in the Broomfield area. We know the challenges you are likely to encounter as you seek compensation for the damages inflicted upon you and want to help you recover as fully as possible. If you are ready to learn how our firm can empower your recovery, contact us right away and set up a free meeting with a Broomfield motorcycle accident attorney.