Boulder Motorcycle Accident Attorney

There were 134 motorcycle accident fatalities in 2023 in Colorado. Many riders also suffered injuries on the state’s roadways. Unfortunately, motorcycle riders are more difficult to see and have less protection from impact, so collisions they are involved in are often serious or even fatal. 

If you or someone you love was hurt in a motorcycle accident caused by a careless driver, our Boulder personal injury lawyers can represent you. We have helped clients recover millions during more than 40 years of representing injured victims and we’re ready to offer our compassionate, skilled representation to you throughout your case. 

Give us a call today at (720) 863-6006 to schedule a free consultation with a Boulder motorcycle accident lawyer to learn more.  

Types of Motorcycle Collisions

Because motorcycles are smaller, lower to the ground, and two-wheeled, riders are more vulnerable to accidents than occupants in passenger vehicles. Motorcycle accidents can occur in various scenarios, but some of the most common types of motorcycle collisions include:

• Turning accidents – Many motorcycle accidents occur when a motorcyclist is traveling straight and a car turns left in front of them. These crashes often occur because the driver of the passenger vehicle does not notice the smaller motorcycle or misjudges its distance. The car may hit the motorcycle, or the motorcyclist may have to apply the brakes quickly to try to avoid a collision, which can cause them to be ejected from the bike.
• Head-on collisions – Head-on collisions can occur when a motorist passes a vehicle without noticing a motorcycle approaching in the other direction. They can also happen when a driver is drunk, tired, or distracted.
• Rear-end crashes – Rear-end accidents are among the most common types of motor vehicle accidents. However, they can be deadly for motorcyclists. These accidents often occur because other drivers are distracted or following too closely. 
• Intersection accidents – Intersections are a common site for motor vehicle accidents. Motorists may be rushing through a light or running a stop sign, putting other motorists at risk. 
• Lane-change crashes – These crashes occur when a motorist fails to check or monitor their blind spot and collides with a motorist already occupying the lane.
• Dooring accidents – Dooring accidents occur when a person leaving their parked vehicle opens their door into the pathway of an oncoming motorcyclist.

If you were injured in any of these types of motorcycle accidents, you may have the right to compensation. 

What Should I Do After a Motorcycle Accident?

From the moment immediately after the accident, it is important that you understand you are involved in an adversarial process. The other driver and their insurance company will fight aggressively to try to get out of paying the money they owe you. Motorcycle accidents often result in catastrophic injuries, so responsible parties want to avoid having to make significant payouts to third parties.

Keep this in mind while you complete the following steps:

• Report the accident – Call 911 and request an ambulance. When law enforcement responds to the accident, answer questions truthfully but avoid saying anything that implies you are at fault or giving an opinion about how the accident happened. Let investigators do their job.
• Exchange information with the driver – Ask the driver for their name, contact information, driver’s license number, and insurance information.
• Seek medical attention – Seek immediate medical attention if you were injured. Even if you do not immediately notice injuries, some are not readily apparent, such as internal organ damage. It’s a good idea to be checked out so your injuries can be properly diagnosed and documented.
• Wait on repairs – You may be tempted to get your bike back on the road, but it could be valuable evidence that your lawyer needs to help prove how the accident happened. And, if a defective part contributed to the accident, keeping it in its present condition can help show the defect.
• Photograph the scene – Include pictures of the accident scene, damage to your bike, damage to the other vehicle, road and weather conditions, and anything else that could be relevant to how the accident happened or the damage it caused.
• Ask witnesses for information – Ask witnesses to write down their names and contact information.

Finally, contact a motorcycle accident lawyer as soon as possible. The sooner you contact an attorney, the sooner we can evaluate the case, investigate the accident, and collect evidence to establish your legal claim. We offer a free, no-obligation case review, so you can contact us at no risk.

When Can You Make A Motorcycle Accident Claim In Boulder?

Motorcycle riders can make a claim against those who cause them harm if they can show another driver on the road was at least 51% responsible for the accident. That’s because Colorado follows something called a modified comparative fault rule under Colo. Rev Stat. § 13-21-111.

While some states allow motorcyclists to recover compensation after any accident another driver shares partial blame for, others like Colorado limit you to making a claim in situations where your own “negligence was not as great as the negligence of the person against whom recovery is sought.” 

You’re also limited to collecting compensation only in proportion to the percent of fault attributed to the other driver. If the motorist who caused your accident was 60% responsible for it, they’d pay 60% of your damages. 

When you make your motorcycle accident claim, you generally must also do so within three years to comply with the three year statute of limitations imposed in Colo. Rev. Stat. § 13-80-101 when injuries are caused by motor vehicles. 

How To Make A Boulder Motorcycle Accident Claim 

Motorcycle accidents often occur as a result of:

• Driver inattention
• Speeding
• Unsafe lane changes
• Cars making unsafe left turns because they didn’t carefully check their mirrors or they misjudged the speed of a motorcyclist

In order to make a claim and hold a driver accountable for the crash, you’ll need to “establish the existence of a legal duty, breach of the duty, causation, and damage,” as a case called Perreira v. State, 768 P.2d 1198 (1989) explains. 

This involves showing the other driver had a duty to drive safely, was unreasonably careless and behaved less responsibly than the hypothetical average driver, and caused you harm as a result. Witness statements, police reports and other evidence from the crash scene can help you prove your case.

Motorcycle Accident Claims Based on Defective Parts and Product Liability

Defective parts or assemblies cause some motorcycle accidents. Brakes may fail or lock. Tires can blow out. The motorcycle may not handle as designed. These flaws can make avoiding an accident at a critical moment impossible.

In these cases, you may have a claim against the manufacturer of the bike or part that injured you on the basis of product liability. Those involved in the making and selling of products are required to ensure their products are safe to use as designed. You may have a claim based on a manufacturing or design defect. A manufacturing defect occurs when there is a problem during the manufacturing process that affects a certain number of products or batches. For example, the wrong screw may have been used to secure bike pieces together. A design defect involves an inherent safety issue in the vehicle’s design.

If you suspect your bike accident involved a defective part, it’s crucial you work with a lawyer experienced in handling products liability claims. There are special rules and procedures related to these cases your lawyer can help you navigate.

Compensation for a Boulder Motorcycle Accident

You should be entitled to full compensation for losses resulting from a motorcycle accident. Often this compensation is substantial as motorcycle riders are more likely to sustain serious injury in a collision. 

The damages you should receive payment for include:

• Actual financial losses resulting from medical bills, wage loss, and reduced capacity to work.
• Non-economic damages defined in Colo. Rev. Stat. § 13-21-102.5 as “pain and suffering, inconvenience, emotional stress, and impairment of the quality of life.” These damages are capped by this statute in Colorado, with annual limits varying due to inflation.  

In rare cases, punitive damages may also be available, but are limited to three times actual damages by Colo. Rev. Stat. § 13-21-102 . 

Motorcyclist Bias

Let’s talk about it. Some people have pretty strong prejudice against motorcyclists. They view them as reckless and impaired drivers, possibly even as criminals. This bias can affect your legal claim in a few ways. Insurance companies may try to blame you for the accident just because you’re a biker. Juries could bring bias into the courtroom with them, finding you at fault for the accident or awarding you less compensation than you deserve.

 However, there are ways to overcome this. For instance, Colorado does not mandate helmet use. Insurance companies and juries are not allowed to punish you for choosing not to wear a helmet. After all, wearing a helmet would not have prevented the accident from happening.

Your lawyer can also conduct a thorough investigation and gather evidence to show the other driver was at fault to overcome this bias.

A lawyer can help connect you with medical providers who have experience with motorcycle accident victims who can provide an unbiased review of your injuries.

Statute of Limitations for Motorcycle Accident Cases

Colorado has a three-year statute of limitations for cases brought under the Motor Vehicle Financial Responsibility Act. Other negligence-based actions have a two-year statute of limitations.

Getting Help from a Boulder Motorcycle Accident Attorney 

A Boulder vehicle accident lawyer at Daniels & Scriven, PC can help you if you have been hurt or someone you love was killed in a motorcycle accident. We’ll work with you to understand your rights, negotiate a fair settlement, or fight for fair compensation in court. Give us a call today at (720) 863-6006 to learn more.