Motorcycles may be fun to ride, but they are some of the most dangerous vehicles on the road due to their lack of physical protection for the operator when a collision occurs. Unfortunately, not everyone who drives is watchful when it comes to motorcycles. Many motorcyclists are injured, despite following safety measures. When a motorcycle and another vehicle collide, the motorcyclist will likely sustain severe injuries due to the crash impact and consequently slamming into the ground.
Helping Motorcycle Accident Victims Recover in Longmont, CO
If you or a family member is struggling with motorcycle accident injuries caused by someone else, you need trustworthy legal representation to guide you through the proceedings ahead of you. The Law Firm of Jeremy Rosenthal has years of professional experience handling all types of personal injury cases in Longmont, including motorcycle accident claims. We can help determine your options for recourse and recovery as fully as the law allows.
How to Prove Fault for a Motorcycle Accident in Longmont
Before the victim of a motorcycle accident in Longmont can secure any compensation for the damages, they must prove who caused the accident, how they caused it, and the scope of the resulting damages. Therefore, recovering from your accident will likely begin with an auto insurance claim against the at-fault driver, followed by a personal injury claim to reclaim any losses that insurance won’t cover. An experienced Longmont motorcycle accident attorney is an invaluable asset for both of these recovery efforts.
Motorcycle accidents may occur from acts of negligence or intentional misconduct behind the wheel. “Negligence” is a term used to describe a failure to exercise reasonable care and caution in a given situation. Distracted driving, moving violations, and speeding are a few examples of negligence that may cause motorcycle accidents. When intentional misconduct causes an accident, such as driving under the influence (DUI) or reckless driving, the at-fault driver faces criminal prosecution alongside their civil liabilities to the victims of their actions.
Your Longmont motorcycle accident attorney can help gather evidence, such as the at-fault driver’s cell phone records, traffic camera footage, and eyewitness testimony, to support your case. If your accident involves unclear liability or complex factors that require the insights of professionals, your Longmont motorcycle accident attorney can secure expert witness testimony for you.
Recovering From Your Longmont Motorcycle Accident
After firmly proving liability for your accident, you can proceed. First, your Longmont motorcycle accident attorney can help file an insurance claim against the at-fault driver. All motorists must have auto insurance that includes liability coverage, and this can be a valuable first phase of your recovery. Then, once your attorney has resolved any issues that arise with your claim and you receive a settlement, you can start building a personal injury claim against the defendant to recover any losses not covered by insurance.
Motorcycle accidents have a good chance of causing catastrophic physical injuries, including bone fractures, spinal injury, and traumatic brain damage. The defendant who caused your accident is liable for all the medical care you require to heal completely from your injury. This includes immediate treatment costs as well as any costs associated with necessary rehabilitative care you will need to reach maximum medical recovery.
When you cannot work because of the injuries the defendant caused, you can also hold them accountable for the income you cannot earn during this time. Your Longmont motorcycle accident attorney can help calculate the total wages you are unable to earn because of the accident, including future income if you were permanently disabled by your accident and cannot return to your job.
You also have the right to claim compensation for property damage, such as the cost of repairing or replacing your vehicle. The at-fault driver’s insurance may cover some of these costs, but any remainder can be included as economic damages in your personal injury case. Once you fully calculate all the economic damages you can recover, you might see that your case is more valuable than you had expected.
Colorado law also allows a personal injury plaintiff to claim compensation for their pain and suffering. However, the amount you can claim is restricted by state law, and you will need an experienced Longmont motorcycle accident attorney’s help to maximize this aspect of your recovery. Pain and suffering may be awarded based on the time it takes you to recover or the scope and severity of your injuries. In addition, in the event the defendant caused your accident through illegal misconduct, they may face punitive damages or restitution in addition to their other penalties, enhancing your recovery even further.
Resolving Your Motorcycle Accident Claim
Navigating the insurance claim process after any vehicle accident in Longmont can be very challenging without legal counsel on your side. However, the right attorney will streamline this process and help you secure as much compensation as the law allows. The Law Firm of Jeremy Rosenthal has vast experience confronting major auto insurance carriers, and we know their strategies for avoiding paying out fair claims. We will ensure the at-fault driver’s insurance carrier handles your claim in good faith and you receive a fair settlement.
Once you have exhausted your recovery options through insurance, you can file a personal injury claim to seek compensation for your outstanding losses. Our team will help you build a compelling case that leaves minimal room for argument or doubt, encouraging the at-fault driver to seek a swift settlement. Our goal is to help you settle your claim as quickly as possible, but if settlement is not an option for any reason, we are prepared to stand up for you in court until you recover as fully as possible. The sooner you secure our firm’s representation, the sooner we can start guiding you through these recovery proceedings.
Longmont Motorcycle Accident Lawyer FAQs
Q: How Can I Prove Fault for a Motorcycle Accident in Longmont, Colorado?
A: Motorcycle accidents happen for many reasons, but each victim will face unique challenges when it comes to firmly proving liability for the damages in their individual motorcycle accident claims. Success with your case will likely require a combination of physical evidence, digital evidence, witness testimony, and input from expert witnesses, depending on how your accident occurred. Working with a Longmont motorcycle accident attorney significantly improves your chances of success with your claim.
Q: How Much Is My Motorcycle Accident Claim Worth in Longmont?
A: The total value of any accident claim depends on the scope of the victim’s damages. State law allows you to seek repayment of all your economic losses the defendant caused, both immediate and future. Your Longmont motorcycle accident attorney can help recover immediate and future medical expenses, lost income, and lost earning capacity. You also have the right to recover property losses and compensation for your pain and suffering.
Q: What Is the Time Limit for Filing a Personal Injury Case for a Motorcycle Accident?
A: If you cannot recover all your damages through an insurance claim, you will need to start a personal injury case against the driver who caused the accident. In the state, the statute of limitations for personal injury, from the date the injury occurred, is two years. Failure to file your claim within this timeframe means losing your chance to claim compensation, so it’s advisable to consult legal counsel as soon as possible after any motorcycle accident so you can start the claim filing process promptly.
Q: Can I File a Claim if I’m Partially at Fault for My Motorcycle Accident?
A: Colorado enforces a modified comparative negligence rule, meaning it’s possible for a plaintiff to still recover compensation for the damages even if they share partial fault for causing them. This fault must be less than half, and their fault percentage is deducted from their final case award. For example, 20% fault means losing 20% of the final case award. If the plaintiff’s fault is 50% or more, they cannot seek compensation from the defendant.
Q: How Much Does a Longmont Motorcycle Accident Attorney Cost?
A: The Law Firm of Jeremy Rosenthal aims to make legal counsel as accessible as possible to those who need it most. We offer contingency fee pricing to our personal injury clients, ensuring they are not required to pay any legal fees at all until we win compensation on their behalf. When you choose our firm to represent you, you are not obligated to pay upfront or ongoing attorneys’ fees. Instead, our firm will take a portion of the case award. If we cannot secure compensation for you, you owe nothing.
Experienced Longmont Motorcycle Accident Lawyers
The Law Firm of Jeremy Rosenthal has the professional resources, skills, and experience you expect from a seasoned Longmont motorcycle accident attorney. We have helped many clients recover compensation for their losses and we are often able to exceed our clients’ expectations for their personal injury claims. If you want to learn what our team can do for your impending case, contact us right away and set up a free consultation with a trustworthy Longmont motorcycle accident attorney.