FAQs

• 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.

  This type of case falls under the realm of a personal injury or wrongful death lawsuit, which is a civil lawsuit. 

• 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?

  Most personal injury lawyers, including us, work on a contingency basis. This means that if you don’t get paid, we don’t get paid.

  Consultations are always free, so you have nothing to lose by talking with us about your case. Call us today at (303) 991-2233 or use our online contact form.

• 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?
  1. Talk with you about what happened, what your options are, and help determine if you have a valid claim.
      
  2. 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.
      
  3. Determine who is at fault, to what degree, and why.
      
  4. Defend you against claims of shared fault (legally speaking, comparative negligence).
      
  5. Determine the full extent of damages that you have suffered (more below).
      
  6. Issue a demand letter outlining what happened, who’s at fault, and who owes what (what you’re asking for). 
      
  7. Review any settlement offers and discuss them with you.
      
  8. Negotiate with insurance companies about any settlement offers they might make.
      
  9. Represent you in trial, if it comes to that (more below).
• 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:

  1. Economic Damages

     1. Medical treatment - this can be either treatment that has already occurred and/or to cover future treatment and expenses.

     2. 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.

     3. Property loss or damage - vehicles, bicycles, cell phones, computers, and even clothes can be considered.

  2. Non-Economic Damages

     1. 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.

     2. 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.

     3. 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.

     4. 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.

  3. Physical Impairments

     1. 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:

  1. Someone owed you a duty of care (examples include another driver on the road, your employer, or a store owner).

  2. 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).

  3. 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.

  Call us today at (303) 991-2233 or use our online contact form.
   

• 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:

  1. Anyone under the age of 18 must wear a helmet.
      
  2. While riding, anyone operating a motorcycle is required to:
     1. Sit on the seat with one leg on each side.
     2. Not be carrying anything that would prevent them from having both hands on the handlebars.
     3. Not carry a passenger that interferes with their ability to operate the motorcycle.
     4. Ensure all passengers younger than 18 wear helmets.
     5. Wear goggles or glasses.
• 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.