Motorcycles are fun to ride, but it is crucial for every motorcyclist to know the risks they face. Motorcycles are inherently more dangerous than enclosed passenger cars due to their lack of physical protection from crash impact forces. Additionally, motorcycles are smaller than most other vehicles, making it easier for other drivers to fail to notice them in time to avoid collisions.
Compassionate Attorneys for Motorcycle Accident Victims in Douglas County, CO
If you ride a motorcycle in Douglas County, it is important to know your rights after another driver has injured you in an accident. Colorado law requires all drivers to have auto insurance that includes property damage liability coverage and bodily injury liability coverage, but insurance alone may not cover the full cost of your damages after a serious accident. The Law Firm of Jeremy Rosenthal has experience handling personal injury cases in Douglas County, and we can use our experience to assist in your efforts to recover from an accident someone else caused.
How to Prove Fault for a Motorcycle Accident in Douglas County
Before you can obtain any type of compensation for the damages you suffered in your motorcycle accident you must prove how the accident happened and identify the driver responsible for it. You will begin your recovery process with an auto insurance claim against the at-fault driver followed by a personal injury claim if insurance alone cannot compensate your losses. Proving fault will be essential for success with both of these recovery efforts.
If your accident happened because of negligence, such as distracted driving, a moving violation, failure to yield, or speeding, your attorney can help gather the evidence needed to prove liability. Establishing negligence in a civil suit requires proof that the defendant owed a duty of care, failed to meet that duty of care, and consequently caused the plaintiff’s claimed damages.
In the event you were harmed by an act of intentional misconduct such as driving under the influence (DUI), the driver who caused your accident will likely face criminal prosecution from the state alongside your civil suit. In this situation, your Douglas County motorcycle accident attorney can explain how a criminal case against the defendant will impact your recovery. Depending on the scope and severity of their actions they may face additional financial liability for causing your accident.
Recovering Compensation for a Motorcycle Accident in Douglas County
When you have proven another driver is at fault for a recent motorcycle crash, you can then proceed with filing your claim against their insurance. Your Douglas County motorcycle accident attorney can help with this and streamline your receipt of compensation. In addition, they can assist you in filing your demand letter to the insurance company, resolving any disputes that arise regarding your case, and ensuring the insurance company handles your claim in good faith.
Insurance alone may not cover all your damages from a motorcycle accident. A rider faces the risk of injury not only from the primary impact of the other vehicle hitting them but also the secondary impact of being thrown to the ground. In addition, the risk of catastrophic or fatal injuries increases with the speed of the accident. If you cannot recover completely through an insurance claim, you will need to start a personal injury suit against the driver who caused your accident.
Under state law, the plaintiff in a personal injury case may claim compensation for:
- Medical expenses. Even excellent motorcycle safety gear and helmets can only reduce the seriousness of injuries in an accident, not prevent them entirely. Therefore, you have the right to seek accountability for any and all medical expenses you incur from your accident, including costs associated with necessary future treatments for managing severe injuries.
- Lost income. Your accident could mean that you cannot work or earn income until you recover. If this is your situation, the defendant is liable for the wages you cannot earn during recovery.
- Lost future earnings. When you have suffered catastrophic injuries that diminish your future earning capacity, they are also liable for lost future income. An attorney can explain how to calculate future wages you are no longer able to earn because of your injury. The same rule applies if you can keep working but cannot earn as much income due to the defendant’s actions. Again, your attorney can help secure compensation to make up the difference.
- Property damage. An insurance claim may help you recover some of your vehicle repair costs after your motorcycle accident, but any remaining property losses must be reclaimed through a personal injury suit.
- Pain and suffering. Personal injury plaintiffs can claim compensation for physical pain and psychological distress caused by a defendant’s misconduct or negligence. However, state law limits pain and suffering compensation in most personal injury claims. Your attorney can help get compensation for each day you spend in pain until you recover, or they may seek a large lump sum to reflect the seriousness of any catastrophic injuries you suffered.
When you select the Law Firm of Jeremy Rosenthal as your legal counsel for a motorcycle accident case in Douglas County, our goal is to help you recover as fully as possible as quickly as possible. We’ll streamline your insurance claim process and once you receive a fair settlement, we will be ready to build a personal injury claim to help you claim any losses the defendant’s insurance won’t cover.
Most of the personal injury claims filed each year end in private settlement negotiations, but there is always a chance for a case to proceed to litigation. If the defendant refuses to accept responsibility for your damages and demands a trial, or if they accept liability but dispute the scope of the damages you are seeking, you may need to resolve your case in court. Rest assured that whether you can settle your claim or must prepare for litigation, the Law Firm of Jeremy Rosenthal will provide the comprehensive and compassionate legal counsel you need from your Douglas County motorcycle accident attorney.
Motorcycle Accident Lawyer FAQs
Q: Should I Hire a Douglas County Motorcycle Accident Attorney After an Accident?
A: Many people who experience vehicle accidents make the mistake of thinking that the cost of hiring legal representation would eclipse any compensation they might win. The reality is that you stand to lose much more if you attempt to handle your case on your own. When you select the Law Firm of Jeremy Rosenthal as your legal counsel you will have instant access to a readily available legal advocate to answer your questions and guide you toward maximum recovery of your damages.
Q: How Much Compensation Can I Win for a Motorcycle Accident in Douglas County?
A: State law dictates that the driver who causes an accident is liable for the full scope of damages they cause to the victim. Their insurance may cover some of the victim’s losses, and the victim can file a personal injury claim to recover the rest. Your Douglas County motorcycle accident attorney can provide an estimate of the case’s total potential value.
Q: How Long Will It Take to Settle a Motorcycle Accident Personal Injury Claim?
A: You may be able to settle your case relatively quickly if you have sufficient evidence to prove liability beyond any doubt and you have an experienced Douglas County motorcycle accident attorney representing you. Settlement allows all parties involved in the case to reach a mutually agreeable resolution more quickly than they could through litigation, and they will also save money on legal fees. In addition, your legal team can give you a reasonable estimate of how long it will take to resolve your case.
Q: What Happens if I Partially Caused My Motorcycle Accident?
A: The state upholds the modified comparative negligence rule with a plaintiff fault threshold of 50%. This means that as long as the plaintiff is less than 50% at fault they can still recover compensation for the damages. However, their fault percentage is deducted from the final case award. For example, bearing 10% fault in a $100,000 claim would mean losing 10% or $10,000. If the plaintiff bears 50% or more fault, they lose the right to claim compensation.
Q: How Much Will a Douglas County Motorcycle Accident Attorney Cost Me?
A: The Law Firm of Jeremy Rosenthal does not charge upfront or ongoing legal fees to our personal injury clients. We use a contingency fee billing policy, so you only pay a fee after we win your case, and you owe us nothing if we are unable to secure compensation for you for any reason. Additionally, the contingency fee is a portion of the total amount we recover for your damages, and you keep the remainder.
The Law Firm of Jeremy Rosenthal has helped many clients in Douglas County and throughout the state recover from motorcycle accidents and other personal injuries, and we are often able to exceed our clients’ expectations in terms of their recoveries. We know you have lots of pressing legal questions in the aftermath of a motorcycle accident and we want to provide the guidance and support you need in this difficult time. If you want to learn how a Douglas County motorcycle accident attorney can help with your case, contact us today to schedule a free consultation with our team.