Motorcycle Accident Boulder
Colorado is home to some of the most beautiful scenic roads in the country. Averaging about 300 days of sunshine per year, our state is a haven for those on two wheels whether on a motorcycle or on a bicycle.
Unfortunately, traffic in Colorado, especially the Front Range, is only getting worse. More cars, more congestion, and more inattentive, distracted drivers ready to cause a crash at any second.
Statistically, motorcycle accidents are much more likely to result in serious injury and death than any other type of motor vehicle accident, and they also occur much more frequently than car accidents do. Many times, motorcycle accidents are a result of the other driver’s actions (or inactions) and not the actions of the motorcyclist.
According to studies, compared to passenger vehicle occupants, motorcyclists are at least 25 times more likely to die in a crash and at least 5 times more likely to be injured in a wreck.
Boulder Motorcycle Accident Law Firm
Our motorcycle accident personal injury lawyers and wrongful death lawyers are here to help you. Attorney Stuart Mann has been devoted to representing everyday people injured in Colorado for over 30 years. We represent Coloradon’s hurt or killed in motorcycle accidents, car accidents, slip-and-fall injuries, bicycle accidents, as well as many other mishaps. We work with our neighbors, friends, and people in our communities; we don’t represent big insurance companies.
Consultations are always free, so you have nothing to lose by talking with us about your situation. If we end up working together, we don't get paid unless and until you do.
What type of case can a motorcycle accident in Colorado result in?
Colorado is an “at-fault” state, which means that the person who is found to have caused or contributed to the motorcycle accident must compensate the injured party for their “damages” (more below).
If you were injured (or someone you know was killed) in a motorcycle accident in Colorado, you may be legally entitled to receive compensation for your damages.
Who would I actually be suing as a result of a motorcycle accident in Colorado?
When you file a personal injury or wrongful death claim you’re making a claim to the defendant's insurance company and not the defendant themself. In most instances, the money that you’re asking for would be paid by the defendant’s insurance company and not the actual person who caused the harm.
Negotiating with insurance companies is a complicated and time-consuming process. From a legal standpoint, working with a wrongful death lawyer brings a lot of clarity to the situation and can help you recover the maximum amount of damages.
- How do I pay for a motorcycle accident lawyer?
Do I need a motorcycle accident lawyer?
If you were injured and wanted to represent yourself in a personal injury claim you have that right. Dealing with the defendant’s insurance company (and not the defendant themself) is a complicated and time-consuming process; having an attorney on your side is almost always the right choice. Insurance companies have teams of lawyers at their disposal with one goal in mind: settling cases for less than they’re worth. As the saying goes, “anything you say can and will be used against you in a court of law”. In other words, it is important to know what to say and what not to say to protect your best interests.
It’s very difficult to legally calculate the full value of your case alone, and it’s even more difficult to recover that amount without the help of a motorcycle injury attorney. A reputable, personal injury lawyer understands how insurance companies operate and their tactics and can help determine the full amount of damages that you’re entitled to (more below).
What can a motorcycle accident injury lawyer do for me?
- Talk with you about what happened, what your options are, and help determine if you have a valid claim.
- If a valid claim exists, personal injury lawyers can open a thorough investigation as to the basis of your claim by gathering and reviewing evidence. If necessary, expert witnesses can be hired to support your claim.
- Determine who is at fault, to what degree, and why.
- Defend you against claims of shared fault (legally speaking, comparative negligence).
- Determine the full extent of damages that you have suffered (more below).
- Issue a demand letter outlining what happened, who’s at fault, and who owes what (what you’re asking for).
- Review any settlement offers and discuss them with you.
- Negotiate with insurance companies about any settlement offers they might make.
- Represent you in trial, if it comes to that (more below).
- Talk with you about what happened, what your options are, and help determine if you have a valid claim.
What are the different types of damages in a motorcycle accident claim?
Compensatory damages are money awarded to a plaintiff to compensate for damages, injury, or another incurred loss. Compensatory damages are awarded in civil personal injury cases where the loss occurred as a result of someone else’s negligence or unlawful conduct. Compensatory damages include economic losses such as medical bills and lost wages; non-economic losses such as pain and suffering, inconvenience, loss of use, and impairment damages for permanent injuries that impair your ability to do things or perform activities of daily living.
Punitive damages, or exemplary damages, are damages assessed in order to penalize the defendant for willful and wanton conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although not extremely common in personal injury claims, if the defendant’s actions are egregious, punitive damages can be sought.
What types of compensation can be awarded in a motorcycle injury claim?
In motorcycle accident cases monetary damages are paid to the person injured (the plaintiff) by those who caused the harm (the defendant and his/her insurance company). These damages are calculated on what the injuries ‘cost’ from a physical, mental, and/or emotional standpoint. Typically, damages fall under three categories (with one exception): Economic Damages, Non-Economic Damages, and Impairment Damages. Some common areas in which damages can be determined include:
Medical treatment - this can be either treatment that has already occurred and/or to cover future treatment and expenses.
Income - if your injuries caused you to miss work, this money can likely be recovered. Additionally, if an accident prevented you from making additional money in the future, that can also be considered. Legally speaking, this is usually deemed loss of earnings or earning capacity.
Property loss or damage - vehicles, bicycles, cell phones, computers, and even clothes can be considered.
Emotional distress - typically a factor in very serious or catastrophic personal injury claims, monetary damages can include the emotional and physiologic impact of injuries. Examples include sleep loss, fear, anxiety, stress, etc.
Loss of consortium - in personal injury cases, these damages typically stem from how injuries affect a relationship between, for example, a husband and wife-including the loss of companionship and being unable to maintain a sexual relationship.
Loss of enjoyment of life - if areas such as your hobbies, interests, or recreational activities have been affected or limited by your injuries, you may be entitled to monetary compensation in the form of loss of enjoyment of life damages.
Pain and suffering - if you suffered pain and/or serious discomfort as a result of your injuries, you may be able to recover pain and suffering damages. These can also cover future pain and suffering.
Within the State of Colorado, physical impairments and physical disfigurements are categorized separately from economic and non-economic damages. This includes damage for scarring in addition to other physical disablements such as cosmetic disfigurement, disruption of bodily function and/or internal organs’ natural process, neurological damage, and other impairments. Based upon your level of impairment or disfigurement, you may be entitled to recover these impairment damages.
How long will this process take?
There isn’t one answer, and ultimately this depends on you. Insurance companies almost always offer an initial ‘low-ball’ dollar amount to settle quickly. Many times, this amount isn’t even close to what is actually recoverable or what you deserve. If you suffered serious injuries, it may be impossible to tell soon after the accident what future care and medical bills will look like.
As your car accident lawyer builds up your case to request the full amount of recoverable damages, the defendant’s insurance company will likely draw out negotiations with the hope that you will accept a low offer, because you’re tired of waiting. Frankly, this process can be tedious, and patience is key. The defendant’s goal is for you to settle for less than you deserve. Our job is to recover as much as legally possible, and sometimes that takes time.
Remember, you are always in control of this process and if you decide to accept an offer at any time, you have that right.
Will my motorcycle injury case go to trial?
In truth, many cases do not go to trial but settle outside of court.
Although, it may take some time to get an appropriate pre-trial offer for your case; part of a motorcycle accident attorney's job is to negotiate with the defendant’s insurance company as it’s in their best interest to settle before trial. Even more so if your case is especially strong.
Insurance companies know how to spot vulnerability on the plaintiff’s side and will do everything they can to exploit that and pay you less than you deserve.
It is extremely important to work with attorneys that have a reputation for taking cases to trial, even if you decide you don't want to. We’ve done this at the Law Office of Stuart Mann for over 50 combined years. Our adversaries recognize and respect us as lawyers. They are aware that we prepare every case as if it were going to go to trial. Don't sell yourself short by working with a subpar attorney.
How do I know if I have a valid claim after a motorcycle crash-related injury that wasn’t my fault?
There are a number of different situations that can be grounds for a motorcycle accident claim. It’s always free to call us to discuss your situation. Typically, a valid claim exists if the following criteria are met:
Someone owed you a duty of care (examples include another driver on the road, your employer, or a store owner).
The at-fault party did not exercise reasonable care. An example would be another driver causing an accident because they were speeding or driving under the influence (DUI).
This negligence (not exercising reasonable care) directly resulted in you being injured.
If you have questions about this topic or others, speak with us. Consultations are always free, so you have nothing to lose by contacting us about your situation.
What happens if part of a motorcycle accident was my fault?
Accidents happen and sometimes, they’re completely unavoidable, however, someone is usually at fault. But what if, for example, one driver was speeding and the other driver was texting and driving? Both contributed to the accident, so are both at fault? How much fault? Who decides? In Colorado, if a case involving a liability dispute goes to trial (more below) the jury gets to decide what percentage of liability is assigned to what parties.
Colorado operates under a modified comparative negligence law, meaning that a plaintiff’s damages get reduced by the plaintiff’s percentage of fault for the wreck or accident. However, if the plaintiff’s fault is greater than or equal to the combined fault of the defendant’s, the plaintiff receives nothing.
For example: if a jury finds you to be 40% liable for an event that caused your injuries you can only recover 60% of the total damages. This gets much more complicated when there are multiple defendants involved (like in a multi-car wreck), so it’s even more important to work with a personal injury attorney that can define and assign fault appropriately.
What happens if I was injured in a motorcycle accident in Colorado but I don’t live in the state?
If your situation resulted in more than $15,000 in damages you cannot file a lawsuit in your home state, it must be filed in Colorado.
There are numerous laws in place that govern where a lawsuit can be filed within Colorado. An experienced motorcycle accident attorney will understand these laws and be familiar with different potential venues.
Many times, out-of-state clients can get their cases resolved without having to travel back to Colorado.
What rights do motorcyclists have in Colorado?
Determining the merit of a motorcycle accident case requires an understanding of the motorcycle laws in Colorado.
Your rights in Colorado are based on fault. The law states that the person who acts negligently is legally required to compensate you for your damages.
As a motorcyclist, you have the same rights as every other vehicle on the road.
How much money can I get in a motorcycle accident case?
There isn’t one answer. You are entitled to get an amount that is proportionate to your injuries, property damage, and pain and suffering. These factors are used to calculate a specific amount that is unique to each case.
How much you actually receive depends on a number of different factors; the skill and experience of your motorcycle lawyer play a major role in determining what you will receive.
Can I file a motorcycle accident claim in Colorado if I wasn’t wearing a helmet?
Yes. Colorado law does not require motorcyclists to wear a helmet if the rider is 18 years of age or older.
An insurance company cannot deny your claim if you were not wearing a helmet, were over the age of 18, and if you were not the primary, at-fault driver involved.
What are the laws for motorcyclists in Colorado?
Some of the more common laws for motorcyclists in Colorado are:
- Anyone under the age of 18 must wear a helmet.
- While riding, anyone operating a motorcycle is required to:
- Sit on the seat with one leg on each side.
- Not be carrying anything that would prevent them from having both hands on the handlebars.
- Not carry a passenger that interferes with their ability to operate the motorcycle.
- Ensure all passengers younger than 18 wear helmets.
- Wear goggles or glasses.
- Anyone under the age of 18 must wear a helmet.
My spouse was killed in a motorcycle accident in Colorado. What are my options?
You may be entitled to file a wrongful death lawsuit seeking monetary compensation for your own losses. You may also be able to recover money for your loved one’s medical bills and/or funeral expenses.
What can motorists do to help keep motorcyclists, bicyclists, and pedestrians safe?
- Be extra careful while making turns at intersections or driveways
- When traveling near motorcyclists, bicyclists or pedestrians, leave as much extra space as possible, especially when passing
- Do not travel in or sway into special lanes not meant for motor vehicles
- Yield to motorcyclists, bicyclists, and pedestrians whenever possible
- Always check your blind spots
- If parked in the street, check in front of and behind you before opening the door to your vehicle
- Always use your turn signals
- Pay extra attention to your surroundings and speeds at night
- Train your brain. Make it a priority to try to see motorcyclists, bicyclists, and pedestrians while driving, especially at intersections.
- Be extra careful while making turns at intersections or driveways
The Law Office of Stuart Mann-A DIFFERENT KIND OF MOTORCYCLE INJURY LAWYER
We realize the thought of calling a motorcycle accident attorney might raise questions, or maybe you’ve worked with a subpar attorney before. Ultimately, the defendant’s insurance company and their lawyers want to settle your case for less than it’s worth because that’s part of their job.
If you decide to work with a reputable motorcycle injury lawyer, their job is to maximize the value of your case and be prepared to go to trial, should it come to that. We’ve been doing this at our office for over 30 years. Our adversaries recognize and respect us as lawyers. They are aware that we prepare every case as if it were going to go to trial. This alone gives us a competitive advantage over many of our peers. Insurance companies know how to spot vulnerability on the plaintiff’s side and will do everything they can to exploit that and pay you less than you deserve.
Hire a motorcycle wreck attorney that you trust, feel good about, and one that has a proven track record of competing with large insurance companies and their lawyers.
Call an experienced motorcycle crash attorney in Colorado today - it’s always free to discuss your case, and we never get paid unless you do. We’re here to help you get what you legally deserve.
What Our Clients
When I lost my son in an automobile accident it was devastating. Stuart helped our family cope with the loss. His guidance and expertise in wrongful death cases was tremendous. He was respectful yet demanding in handling the case. While there is never enough money to bring back a lost child, Stuart made the defendants pay for their actions and recovered a huge amount of money to help our family. He did a great job.-Client
Stuart Mann worked so hard for me throughout my whole case and fought for the settlement that I deserved, not what was offered by insurance. They handled every facet of my case and made the whole process easy for me. I'm incredibly appreciative of his work.-Client
Stuart Mann has represented me on numerous occasions over the past 9 years. They are fearless, tireless, and focused representatives. I add integrity and fairness to the recipe and I feel I have the best legal representation in Colorado. Trust in your attorney is key to believing you are getting the best possible legal representation…the Law Office of Stuart Mann has all of my trust.-Client
Stuart Mann was amazing to work with. His firm took on our case and it was such a wonderful experience working with them and not having to worry about anything. The settlement that came through was so nice to have after being in a scary accident. We are happy we decided to work with them.-Client
During the long months that followed my bicycling accident and resulting injuries -- my bike and I were run over by an SUV driver -- Stuart Mann was my closest and most trusted advisor. I can say without hesitation, their legal guidance and representation were consistently everything a client hopes for. But just as importantly, they were exceptionally kind, compassionate, and knowledgeable partners throughout all that transpired. Really, I cannot say enough about the firm. Good humans make good attorneys, and Stuart Mann is both.-Client
I was treated like a member of the family. They were always willing to answer my questions and help in any way they could. Best of all, they did a great job and we got a great settlement for my case.-Client
When we went to the settlement conference, I was ready to accept what was offered, but Stuart encouraged me to go to trial. He was not afraid of the insurance company or their lawyers. At trial, we received three times more than the insurance company offered us. I was very impressed with his trial skills.-Client
My car accident left me shattered, physically and mentally. Stuart’s offer of help came soon after I was released from intensive care, and he’s been on my side since. When you’re involved in a big accident, there are so many things you need to concentrate on, and it’s been a great comfort to know I don’t need to spend untold hours dealing with insurance companies or hospital billing departments. Thanks Stuart!-Client
Having been the innocent victim of a head-on auto accident caused by texting while driving, I sought Stuart Mann’s legal counsel. From the outset he was fully dedicated to accompanying me through a lengthy recuperative process, using his skills, experience, and resources to achieve justice and adequate financial compensation on my behalf. His unconditional concern for my well-being and his involvement of time and effort on my behalf freed me from legal concerns and responsibilities, allowing me to focus my efforts and energy on physical and mental recovery. I strongly recommend Stuart Mann to anyone needing the legal services he offers.-Client
Stuart Mann is the embodiment of professionalism. Their staff's efficient and polite demeanor makes business interactions pleasant and quick. The team consistently evidenced a devotion to their clients, to their clients' interests, and to justice. They carry out this ethic calmly, respectfully, but firmly. On top of all this, Stuart has repeatedly given back to the community. Specifically, the firm has accompanied Cyclists 4 Community and its nonprofit mission since 2013 with both tangible and substantial support for making the community a better place in the first place.-Client
It has been over a year and a half since my brother’s bicycle accident with a car in Boulder, Colorado. The details of the accident were in my brother’s favor, as he was in the crosswalk traveling with traffic. His case was brought to several legal firms in Colorado, but none would take the case due to his mental disability and apparently unable to gain significant ‘compensation’. Fortunate for us, his case was eagerly accepted by Stuart Mann. My brother was treated respectfully and with care, without being discriminated against due to his disability. He won a sizable settlement all due to the detailed knowledge Mr. Mann has for the legal profession and his involvement in the biking community.-Client
After my auto accident, I had to have my hip replaced. The insurance company said that my need for a hip replacement was not accident related. Stuart believed in me and my case and we were able to obtain the maximum amount available. His hard work helped change my life.-Client
I always felt like the top priority of the firm and their team. They provided the best legal services for me throughout my case. Their office is professional, competent, and they also connected with me personally so that I genuinely felt supported.-Client