Motorcycles may be enjoyable to ride, but they are some of the most dangerous vehicles on the road in the Westminster area due to the simple fact that they offer their riders no physical protection in an accident. Driving a motorcycle comes with some of the most significant risks on the road, so it is vital for every motorcyclist and all motorcycle passengers to understand the inherent risks of using these vehicles. When motorcycle accidents happen, reliable legal counsel is the most important asset you can have if you want to maximize your recovery.
The Law Firm of Jeremy Rosenthal offers comprehensive and compassionate legal counsel to motorcycle accident victims in the Westminster area. If you or a loved one recently sustained injuries and economic losses because of a motorcycle accident caused by a negligent driver, we can help you explore your options for legal recourse to hold them accountable for your losses. We understand how devastating motorcycle accidents can be and do everything we can to ensure our clients can take full advantage of our professional resources and experience.
What Should I Do After a Motorcycle Accident in Westminster, Colorado?
Experiencing a motorcycle accident can be a highly traumatic experience that’s likely to cause severe injuries. After your motorcycle accident, you may be immobilized and depend on emergency responders to transport you to the nearest hospital for treatment. If you are fortunate enough to be able to move around after a motorcycle accident, your personal health and safety should be your main concerns. Be cautious and avoid moving around too much. This may aggravate injuries that are not immediately apparent due to the adrenaline surge from the incident.
Colorado state law requires drivers to call 911 to report any accident resulting in significant property damage, injury, or death. If no one else has already called the police to report the accident, do so immediately to avoid legal penalties. When the police arrive, answer their questions honestly but do not admit fault for the accident. The police will record your statement in the police report for the accident, and you do not want this report to work against you if you later decide to pursue legal action against the driver responsible for the crash.
Medical treatment should be your top concern once the police allow you to leave. If you were not taken to the hospital by paramedics, find a way to seek medical treatment as soon as possible. Many vehicle accidents cause injuries that do not cause immediately noticeable symptoms, and adrenaline dulls pain sensations. It’s not uncommon for accident victims to feel as though they emerged from their accidents unscathed only to be unable to move out of bed the next day. Once you have received medical care and obtained a medical report from your physician that outlines your injuries and prognosis for future medical complications, you are ready to start working toward economic recovery for your losses.
When Should You Contact a Lawyer After an Motorcycle Crash?
If you believe another driver is responsible for causing your recent motorcycle accident, it’s vital to contact an experienced Westminster motorcycle accident lawyer as soon as possible to begin working toward recovery. The sooner you contact an attorney and arrange legal representation, the better your chances will be of securing fair compensation for your losses.
The Law Firm of Jeremy Rosenthal can help you quickly and accurately assess the value of your claim and help you determine liability. Your motorcycle accident may have been caused by the actions of one or more other drivers, and reliable legal guidance is vital to ensure you hold the appropriate parties accountable for your damages.
Why Do I Need a Westminster Motorcycle Accident Attorney?
Many people who experience motorcycle accidents and other motor vehicle accidents make the mistake of believing they can manage their legal claims independently, saving money on legal fees. While it is technically possible to handle your own recovery after a motorcycle accident, it’s essential to understand what your recovery process will actually entail and how long it will take to secure compensation. You will need to manage your insurance claims, personal injury lawsuit, and various procedural requirements while simultaneously recovering from your injuries and managing your personal affairs at home. Depending on the severity of your injuries, it may be impossible for you to handle these tasks without assistance.
Think of hiring an attorney to represent you in a motorcycle accident claim as an investment into your recovery. A good Westminster motorcycle accident lawyer can handle the legal side of your recovery while you rest with peace of mind knowing your case is in trustworthy hands. Ultimately, you can spare yourself a tremendous amount of stress and likely recover much more compensation for your losses when you hire a reliable attorney to represent your case.
Who Is at Fault in Most Motorcycle Accidents?
Many drivers believe that motorcyclists are inherently reckless and cause accidents more often than passenger vehicle drivers. Unfortunately, some motorcyclists do operate their vehicles recklessly and cause accidents, but passenger vehicle drivers often cause motorcycle accidents. If you are concerned about liability for your recent motorcycle accident, it’s crucial to meet with a reliable Westminster motorcycle accident attorney as soon as possible to determine the best approach to your recovery.
A passenger vehicle driver and a motorcyclist can share liability for a motorcycle accident, depending on how the accident occurred. Colorado upholds a modified comparative negligence statute. This means that if a plaintiff is partially responsible for causing claimed damages in any personal injury case, the plaintiff can still recover compensation. However, the threshold in a modified comparative negligence state is 50%. If the plaintiff is discovered to be 50% or more at fault, they cannot receive compensation. If their fault percentage is 49% or less, they lose a percentage of their case award equal to their fault percentage. For example, if a motorcycle accident claim plaintiff is demanding $50,000 in damages, but the case reveals they are 20% at fault for causing the accident, they will lose 20% of the case award. This would mean a net award of $40,000.
Determining Liability for Your Recent Motorcycle Accident
A motorcycle accident claim falls within the purview of personal injury law. This means that if you intend to succeed with your personal injury claim, you must identify the party or parties you believe to be responsible for your accident and prove they were negligent in some way that directly resulted in your damages.
Your attorney can provide valuable guidance as you work toward determining liability for your damages. They may secure physical evidence like vehicle computer data, cell phone records, and traffic camera footage to help you prove liability. They can also help you obtain eyewitness statements from individuals who saw the accident occur. If necessary, an experienced personal injury attorney can coordinate expert witness testimony on their client’s behalf. Medical professionals, engineers, and accident reconstruction experts are just a few examples of expert witnesses who may be able to assist you in your motorcycle accident claim by proving fault for the accident.
In any personal injury claim, the plaintiff and their attorney must identify the defendant or defendants responsible for the plaintiff’s claimed damages, prove that the defendant or defendants failed to act with reasonable care, and then prove that the plaintiff’s damages were the direct results of this failure to exercise reasonable care. The plaintiff and their attorney must also prove that the plaintiff’s claimed damages did not result from some other cause.
Damages and Compensation in a Motorcycle Accident Claim
If you and your attorney can successfully identify who is responsible for your motorcycle accident and provide a complete and accurate accounting of all the damages you incurred from the accident, success with your motorcycle accident claim is likely. Some of the most commonly cited damages in these claims include:
- Medical expenses, both immediate and future. You have the right to claim compensation for any medical expenses you incurred because of another party’s negligence.
- Lost income, both immediate and future. If your accident leaves you unable to work, you can claim wages lost during recovery or lost future earning potential if you are left entirely unable to work in the future due to your injuries.
- Property damage. Most motorcycle accidents will result in the destruction of the motorcycle involved in the crash. You can claim vehicle repair or replacement costs in your accident claim.
- Pain and suffering. Colorado state law allows a personal injury plaintiff to recover compensation for physical pain and psychological trauma resulting from a motorcycle accident. Your attorney can help you determine a fair amount of pain and suffering compensation to claim, which is usually a multiple of the plaintiff’s claimed economic damages.
Typically, auto insurance is the first step toward recovery after any car accident in Colorado. State law requires all drivers to purchase and maintain auto insurance coverage. The injured driver files a claim against the at-fault driver’s auto insurance policy, the insurance company investigates the claim, and then it disburses a claim payout if it determines the claim to be valid. However, there is no guarantee that an at-fault driver’s auto insurance carrier will be helpful or agreeable during the claim process, and even if you succeed in obtaining an insurance claim payout, it may not be enough to fully cover your damages. An attorney is vital in this situation. They can not only deal with insurance companies on your behalf but also help you explore further legal action when insurance is insufficient for your losses.
Settlement and Litigation
A motorcycle accident lawsuit is a personal injury claim, and the vast majority of personal injury claims settle outside of the courtroom. The swift settlement serves the best interests of both the plaintiff and the defendant in any personal injury lawsuit. Both parties can avoid a protracted court battle and significant legal fees by reaching a mutually agreeable settlement. Your attorney can guide you through the settlement negotiation process until you reach an acceptable settlement offer. However, if the defendant denies liability or objects to your claims for damages, your case may proceed to trial.
Regardless of whether you expect to settle your motorcycle accident claim or go to litigation, having the right attorney on your side will make a tremendous difference in the outcome of your case. Your attorney can help you craft a compelling argument that will make it difficult for the defendant to avoid accepting liability and reduce the chances of the defendant demanding a trial. If your case does proceed to litigation, you can approach the situation with confidence when you have a reliable and experienced Westminster motorcycle accident lawyer on your side.
What to Expect From Motorcycle Accident Lawyers
The right attorney can make a significant difference in the outcome of any personal injury case. When you choose the Law Firm of Jeremy Rosenthal to represent you in a motorcycle accident claim, you can rest assured that our team will make the full range of our legal resources and experience available to you throughout your case proceedings. We will handle all the procedural requirements your case entails, from filing necessary documents with the local court to arranging courtroom appearances. In addition, our team can help you gather evidence and coordinate expert witness testimony to support your claim if necessary.
It’s natural to feel uncertain and stressed at the prospect of facing a complex legal battle after a motorcycle accident. Your attorney’s job is to ease your concerns by providing comprehensive and responsive legal counsel until you reach a satisfactory outcome and secure compensation for your damages.
Find Personal Injury Legal Counsel Today
The Law Firm of Jeremy Rosenthal can help you recover as completely as possible after a motorcycle accident in the Westminster, CO, area. We have successfully represented many past clients in a wide range of motor vehicle accident claims, including those involving motorcycles. If you have experienced a motorcycle accident recently and are unsure of your legal options for recovery, contact us today and schedule a consultation with a reliable and compassionate motorcycle accident attorney.