The Denver motorcycle accident lawyers of the Bendinelli Law Firm understand the risk riders face each time they ride their motorcycle. Our attorneys also understand the unique challenges of filing a motorcycle injury claim.
We stand with motorcyclists and fight to protect their legal right to fair and just compensation after motorcycle accidents. Our Denver injury lawyers are prepared to go up against large insurance companies who seek to undervalue and deny valid motorcycle accident claims.
Call our office at 1-800-ATTORNEY to schedule your free consultation with one of our Denver motorcycle accident lawyers.
Unfortunately, a motorcycle does not offer the same level of protection for a rider that a car or truck offers to occupants. There are no airbags, seat belts, or other safety equipment to protect the rider during a collision. In many cases, the rider’s body receives the full force of the impact.
The result can be catastrophic and life-threatening injuries to the rider.
Common motorcycle injuries include:
Immediate medical treatment may be necessary to save the motorcyclist’s life or prevent injuries from becoming worse. If you do not go to the emergency room from the accident scene, see your doctor as soon as possible. Delays in medical care give insurance companies another reason to deny or undervalue your motorcycle accident claim.
Remember that you are entitled to compensation for your medical expense, loss of income, permanent impairments, physical pain, loss of enjoyment of life, mental anguish, emotional distress, and other damages.
Motorcycle accidents in Denver often become very complex personal injury cases. One reason for this is that police officers, insurance carriers, and even personal injury juries often have a bias against motorcyclists. This can be a problem for a motorcyclist working to secure full compensation for their losses. However, a Denver motorcycle accident lawyer will be an advocate on behalf of the cyclist. An attorney can use their resources to handle every aspect of these cases.
In Denver, the role of a motorcycle accident lawyer will be to:
When we turn to data available from the Colorado Department of Transportation, we can see that motorcycle fatalities and injuries have increased upward over the last few years. In fact, during a recent reporting year in Colorado, 23% of all traffic fatalities in the state were the result of a motorcycle collision, despite representing only 3% of vehicles involved in crashes. By September 2020, motorcycle accident fatalities were already up 12% from the year prior.
Motorcycle collisions in Denver occur due to a wide variety of causes. Often, the motorcycle accident lawyers at the Bendinelli Law Firm discover that these incidents are caused by the careless or negligent actions of drivers in traditional passenger vehicles. Some of the most common causes of these collisions include drivers:
In addition to Denver motorcycle accidents caused by the negligence of other drivers, we also know that motorcyclists are more susceptible to accidents caused by roadway hazards. These hazards can include the typical types of debris on the roadway, such as trees or animals. However, this also regularly includes hazards created by construction companies or government workers. This can include unfinished roadways, poorly finished roadways, unmarked detours, unmarked construction areas, roadway dips, and more.
Motorcyclists in Denver need to be aware that they have a limited amount of time to file a lawsuit after an accident occurs. The Colorado personal injury statute of limitations is two years from the date an injury occurs. This means that motorcycle accident victims have a two-year window with which to file a lawsuit against the alleged negligent driver in their case. If they fail to file a lawsuit within this time frame, they may not be able to recover any compensation at all.
However, we do need to point out that insurance carriers do not have this type of two-year limit. In general, the reporting deadlines put in place by insurance carriers are very short, often within a day or two after the accident occurs. Failing to report an accident to the respective insurance carriers soon after the incident could result in the claim being delayed or denied. We strongly recommend working with a skilled Denver motorcycle accident lawyer as soon as possible so that your claim can get filed correctly.
There may be various types of compensation available to motorcycle accident victims in Denver. This can include both economic and non-economic compensation. At the Bendinelli Law Firm, our Denver motorcycle accident lawyers are regularly able to help clients recover the following:
The total amount of compensation available in these cases will vary depending on the facts and circumstances surrounding each particular situation. There is no set amount of money awarded to motorcycle accident victims. Some of the factors that can affect how much compensation an injured motorcyclist receives include:
Our motorcycle accident lawyers in Denver are often asked what happens if a motorcyclist is partially responsible for causing the crash. Will they still be able to recover any compensation?
The good news is that Colorado operates under a “modified comparative negligence” system. This means that accident victims can still recover compensation if they are partially at fault, so long as they are not 50% or more responsible for their own injuries. If they are 50% or more responsible, they will not be able to recover any compensation. However, any party that is 49% or less at fault for their injuries can still recover compensation, though the total amount they receive will be reduced based on their percentage of fault.
For example, suppose George is rear-ended while he is at a stop sign on his motorcycle and sustains a head injury that results in $100,000 worth of medical bills. In general, we would find that George would be entitled to the full amount of compensation because he was rear-ended. However, let us suppose that George’s brake light was malfunctioning. In this scenario, it is entirely possible that a personal injury jury would find George partially responsible for the incident because of the equipment malfunction. If a jury determines that George was 20% responsible, then he would receive $80,000 instead of the full $100,000 to account for his percentage of the fault
Insurance companies try to lower the value of all accident claims. They are more concerned with their profits than the accident victims. However, insurance companies can be incredibly challenging to deal with regarding motorcycle accident claims.
The insurance company uses delays in medical care to allege that the motorcycle accident did not cause your injuries. It may also try to shift blame to you to avoid paying the claim. The companies know that many people believe the untrue stereotypes of motorcyclists being reckless and careless drivers.
Defense attorneys often use stereotypes to argue that the rider contributed to the cause of the motorcycle crash. If the jury believes the defense, your compensation could be reduced significantly.
At the Bendinelli Law Firm, our lawyers understand the tactics insurance companies use to cheat motorcyclists out of the money they deserve after an accident. We fight even harder than the insurance company to protect our clients’ best interests.
We also have the skills, resources, and experience necessary to handle complicated motorcycle accident cases, and will work with you and your medical team to document your injuries and damages to maximize your recovery.
Our goal is for you to concentrate on recovering from your injuries and returning to your day-to-day life, while our attorneys take care of the legal issues and deal with the insurance companies on your behalf.
Contact us today for your free consultation.