Motorcycle Crash Victims

June 28, 2021 | McCormick & Murphy's Blog

Motorcycle accidents can be wholly devastating for a motorcyclist, especially when crashes occur at high speeds and when collisions involve cars and trucks. Motorcyclists tend to suffer more serious injuries in collisions than occupants of passenger vehicles do since they do not have the protection of a car and the seat restraints inside of the car. Instead, motorcycle crash victims are exposed to the elements, and a collision involving a motor vehicle can result in serious and many times permanent injuries such as traumatic brain injuries, broken bones, severe road rash, as well as injuries to muscles and tendons. According to the Insurance Information Institute (III), “motorcyclists are by their nature far less crashworthy than closed vehicles,” and “they are also less visible to other drivers and pedestrians and less stable than four-wheel vehicles.”

To be clear, motorcycle crash victims frequently sustain disabling and life-threatening injuries in crashes. If you or someone you love got hurt in a motorcycle accident, it is critical to learn more about options for compensation.  

Common Causes of Motorcycle Collision Injuries

 In order to seek financial compensation from an at-fault driver, a motorcycle crash victim will need to be able to prove the other driver’s fault. What kinds of driver errors lead to motorcycle accident injuries? The following are some of the common causes of motorcycle accident injuries:

  • Intoxicated driving;
  • Distracted driving;
  • Tailgating too closely behind a motorcyclist;
  • Driver “dooring” a motorcyclist;
  • Driver turning left in front of a motorcyclist;
  • Driver changing lanes or merging into a blind spot, colliding with a motorcyclist who was out of view;
  • Road debris; and
  • Inclement weather, particularly slick, uneven, or icy roads.

If you were injured in a motorcycle crash, you need to understand that the at-fault driver might try to argue that you are partially at fault for the accident and that you should not be awarded compensation for your losses. Colorado follows what is known as a modified comparative negligence rule. The law says that “contributory negligence shall not bar recovery in any action by any person . . . if such negligence was not as great as the negligence of the person against whom recovery is sought.”

In other words, as long as a motorcycle crash victim’s fault is less than 50 percent, Colorado law allows that injury victim to recover damages. The total damages award, however, will be “diminished in proportion” to the motorcycle crash victim’s negligence. Once a motorcyclist is determined to be 50 percent or more responsible, she or he will be barred from any recovery.

There are also other important considerations such as the amount of insurance coverage is involved, including that of the at fault driver and also insurance coverages related to the motorcycle. 

Contact a Motorcycle Crash Lawyer in Colorado Today

If you were injured in a motorcycle collision, you should seek assistance from a Colorado motorcycle crash lawyer as soon as possible. Although the at-fault driver may try to reduce your compensation by raising the issue of comparative negligence, your lawyer can help to show that you deserve financial compensation for your losses. Contact McCormick & Murphy, P.C. today.

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