Motorcycles are popular throughout the United States, but they are inherently dangerous for many reasons. Even the most cautious and experienced riders face tremendous risks around larger passenger vehicles, and it is impossible for any driver to consistently anticipate how other drivers will behave around them on busy roads. Unfortunately, even the best motorcycles offer very little physical protection to their riders when crashes happen, so motorcycle accidents have a very high chance of causing severe or fatal injuries.
Legal Counsel for Golden, CO, Motorcycle Accident Cases
If you or a loved one was hurt on a motorcycle in the Golden area, you need legal counsel you can trust to hold the at-fault driver accountable for your damages. The Law Firm of Jeremy Rosenthal offers responsive legal counsel to victims of all types of personal injuries in Golden, and we are ready to apply our vast professional experience to your recovery efforts.
Proving Liability for a Motorcycle Accident
The first step in the recovery process after any type of motor vehicle accident is proving exactly how the accident happened and identifying the party responsible. If you know another driver directly caused your recent motorcycle accident, your Golden motorcycle accident attorney is the best asset to have when it comes to gathering the evidence necessary for holding them legally accountable for your damages.
Some of the most common causes of motorcycle accidents in the Golden area that generate personal injury claims include:
- Distracted driving, which is especially dangerous for motorcyclists, who are smaller and harder to notice than drivers in larger vehicles.
- Speeding, which not only increases the chances of an accident happening in the first place but also increases the severity of the resulting damages.
- Driving under the influence (DUI), which is illegal in every state and likely to result in criminal charges against the at-fault driver, along with a civil claim from the victim.
These are only a few examples of how these accidents can happen. If you were seriously hurt and have no recollection of exactly how your accident occurred, it is important that you speak with an experienced Golden motorcycle accident attorney as soon as possible. They can help you gather physical evidence from the scene of the accident, digital evidence like cell phone records or vehicle computer data, and even traffic camera recordings to help you prove fault. Witness testimony may also come into play if anyone saw your accident happen, and your Golden motorcycle accident attorney may also consult expert witnesses to help you prove liability and substantiate your claim for compensation.
Filing an Auto Insurance Claim
Colorado law requires all drivers to carry liability insurance but dealing with insurance carriers is rarely easy or pleasant. These organizations tend to do everything they can to avoid paying out on claims, sometimes engaging in bad faith tactics to do so. When you have an experienced Golden motorcycle accident attorney representing you, they can draft a demand letter on your behalf and minimize the chance of encountering any such treatment from the insurance company.
A successful auto insurance claim may yield some helpful compensation for your vehicle repair costs and initial medical expenses. However, a motorcycle accident can easily cause life-changing injuries, and insurance alone may not fully cover the full cost of your damages. If you want the best chance of maximizing your compensation to the fullest extent possible after a motor vehicle accident in Golden, you need an attorney who can help you file a personal injury claim against the driver who injured you.
Building Your Personal Injury Suit
A motorcycle accident can easily result in catastrophic physical injuries, such as broken bones, traumatic brain damage, and spinal injuries. Victims are also likely to experience psychological harm as well because any vehicle accident can be a terrifying and traumatic incident. The purpose of a personal injury claim is to help the victim recover the full scope of damages the defendant caused. You have the best chance of accomplishing this in your case when you have an experienced Golden motorcycle accident attorney guiding you through your case.
Colorado’s personal injury laws allow a plaintiff to seek compensation for their property losses, medical expenses, and lost income resulting from a defendant’s actions. It’s important for the plaintiff to remember they can claim not only immediate economic damages but also long-term damages as well. For example, if they sustained a severe physical injury, the defendant is liable for their immediate health care costs as well as any costs associated with necessary future treatment, such as physical therapy and other forms of ongoing rehabilitative care.
When it comes to lost income, the plaintiff may be left completely unable to work due to the severity of their injuries. If this applies to your situation, the defendant is liable for the income you are no longer able to earn, and your Golden motorcycle accident attorney can help you calculate the amount of income you would have reasonably been able to earn in the future had your accident not occurred.
Pain and Suffering in a Personal Injury Case
State law also permits the victim of a personal injury to claim pain and suffering compensation, but this is limited. The cap on pain and suffering compensation changes each year to account for inflation, and the best way of securing as much as the law allows is by hiring an experienced Golden motorcycle accident attorney to represent you in your recovery efforts.
If a plaintiff is expected to fully recover from their injuries, their attorney may aim for a “per diem” pain and suffering settlement that awards a certain amount of compensation each day until they reach maximum medical improvement from their injuries. If they have suffered permanent damage of any kind, their attorney would be more likely to use the multiplier method and seek a large lump sum on their client’s behalf. When it comes to the cap on pain and suffering damages in Colorado personal injury claims, a judge may lift these limits if the plaintiff suffered substantial permanent harm from the defendant’s actions.
Motorcycle Accident Lawyer FAQs
Q: What Is the Most Common Fatal Injury From Motorcycle Accidents?
A: Motorcycle accidents are far more likely to result in fatal injuries than most other vehicle accidents, even when riders wear the best quality safety gear. The most commonly reported fatal injury from motorcycle accidents is a traumatic brain injury. However, even if the victim survives, they could face an extreme degree of medical complications from this type of injury, including permanent disabilities.
Q: What Happens When Both Parties Are at Fault for a Motorcycle Accident?
A: Colorado upholds the modified comparative fault rule, so it is possible for a plaintiff who bears partial liability for their damages to still recover compensation from the defendant. However, their fault percentage is deducted from their final case award to reflect this shared liability, and their total fault must be less than 50%. If it is more than 50%, they lose the right to recover damages from the defendant, and if it is less, this percentage is how much of their case award they will lose.
Q: How Long Will It Take to Settle My Motorcycle Accident Claim?
A: The time required to complete any motorcycle accident case hinges on the willingness of the defendant to accept responsibility for their actions and the scope of the victim’s damages. Investing in legal counsel you can trust is the best way to streamline your recovery efforts and shorten the time required to complete your settlement negotiations.
Q: Is It Worth Hiring a Golden Motorcycle Accident Injury Lawyer?
A: Hiring reliable legal counsel is one of the best ways to maximize your recovery after any personal injury. When you work with the Law Firm of Jeremy Rosenthal, our goal is to streamline your case proceedings as much as possible and secure as much compensation as state law allows for your damages. In addition, we have years of experience handling all motor vehicle accident claims and can put this experience to work for you, allowing you to recover with peace of mind while we manage your case proceedings on your behalf.
Q: How Much Is My Motorcycle Accident Injury Claim Worth?
A: The total amount of compensation available in your motorcycle accident claim hinges on the scope and severity of your injuries and the associated financial impact. Your Golden motorcycle accident attorney can help you recover lost income, medical expenses, property damage, and anticipated future economic losses, along with pain and suffering compensation. If you secure legal counsel swiftly after your motorcycle accident, you may be surprised to discover your claim is worth much more than you initially expected.
The Law Firm of Jeremy Rosenthal has the professional legal resources and practical experience necessary to handle the toughest motorcycle accident cases in Golden and the surrounding areas. We develop truly client-focused legal strategies in every case our team accepts and will do everything we can to settle your claim as quickly as possible. However, if settlement is not possible for any reason, we will provide the legal representation you need during intense litigation. Contact us today and schedule a free consultation with a Golden motorcycle accident attorney to learn more about the legal services our firm provides.