Denver Motorcycle Accident Attorney
Motorcycles are fast, maneuverable, fun to ride, and a fantastic hobby for many Americans, but it’s vital for every motorcycle owner, rider, and passenger to understand the inherent risks these vehicles present. Motorcycles afford their riders and passengers very little protection in the event of a crash, and many motorcycle accident victims suffer catastrophic or even fatal injuries. When motorcycle accidents happen due to negligence, the injured party needs to know how to approach the subsequent legal claim. The legal team of Bryan & Terrill Law wants Denver motorcyclists to know what to do after a motorcycle accident.
Dangers of Motorcycling
Motorcycles are smaller than most other passenger vehicles, making it difficult for other drivers to notice them in some situations. Most cars have “blind spots,” or areas around the car the driver cannot see through the windows or with the rear-view mirrors. If a vehicle passes into another’s blind spot, an accident can occur if the unwary driver does not take notice of the other vehicle. If this happens with a motorcycle, the motorcyclist could sustain serious injuries.
Motorcycles do not feature safety belts, airbags, or any other safety measures typically found in passenger vehicles. This means that in an accident, a motorcyclist is likely to fall from his or her motorcycle. The force of impact may also send a motorcyclist flying down the road, sustaining further injuries. Injuries in motorcycle accidents often include broken bones, traumatic brain injuries, spinal injuries, lacerations, and “road rash,” or friction burns sustained from sliding on asphalt.
Colorado state law mandates eye protection for anyone operating or riding on a motorcycle, but helmets are only required for drivers and passengers under the age of 18. Despite this, every motorcyclist should consider the additional safety afforded by a Department of Transportation-approved helmet. The National Highway Traffic Safety Administration reports that DOT-approved helmets are 37% effective in preventing fatal head injuries to bike operators and 41% effective in preventing such injuries to passengers.
Proving Negligence in Motorcycle Accident Lawsuits
If a motorcyclist suffers injuries and other losses due to the actions of a negligent driver, the injured rider can sue the negligent party in a personal injury claim. To succeed in the claim, the plaintiff must prove:
- The defendant owed the plaintiff a duty of care at the time of the crash.
- The defendant breached this duty in some way, either through a specific action or failing to take a reasonable action appropriate for the situation.
- The plaintiff’s injuries are the direct result of the defendant’s breach of duty.
- The plaintiff suffered actual harm.
If the plaintiff’s attorney can prove these four things in court, the plaintiff can secure compensation for their medical expenses, property damage, lost income due to missed time from work, and pain and suffering. The plaintiff’s attorney will gather the injured motorcyclist’s medical report detailing his or her injuries and recovery plan, the police report from the accident, and any other evidence necessary to build a strong case. The plaintiff’s attorney will also likely reach out to medical experts to testify as expert witnesses in court so the judge and jury have a firm understanding of the plaintiff’s damages and experience with the accident.
Bryan & Terrill Law want to help injured motorcyclists in Denver recover compensation for their losses caused by negligence. We have the experience and resources necessary for handling all types of personal injury claims and are firmly committed to maximizing our clients’ recoveries. Reach out to the Bryan & Terrill team today to schedule a consultation about your motorcycle accident case, and we can let you know what to expect from a lawsuit.