Mintz Law Firm
Motorcycle Accident Attorney in Boulder, CO
Motorcycles are a fun mode of transportation that has the extra benefit of making even the most mundane trip exciting. Unfortunately, like with many things, there are risks to riding a motorcycle. Unlike enclosed passenger vehicles, motorcycles provide little to no protection for their riders, meaning even the smallest accident could have serious consequences. Riders are uniquely vulnerable on the road, and although negligent drivers cause most motorcycle accidents, riders tend to have a challenging time recovering fair compensation.
At Mintz Law Firm, we help injured motorcycle riders recover the fair compensation they are owed regardless of the biases and bad faith tactics insurance adjusters employ to try and protect their own bottom line. Our Boulder motorcycle accident attorneys understand the unique challenges that come with motorcycle accidents and know how to get the best results. When you’re dealing with serious injuries and losses as a result of another person’s negligence, Mintz Law Firm is here to help.
Proving Fault in a Motorcycle Accident Claim
Motorcycle riders who suffer severe or debilitating injuries have a challenging time recovering fair and maximum compensation through a personal injury claim due to the assumption that individuals who ride motorcycles are inherently reckless. However, it’s statistically more likely for a negligent driver to be the primary cause of the accident. Drivers often fail to look out for motorcycles or, like insurance companies, believe negative stereotypes about them that prompt them into negligent action in order to drive past or move away from a motorcycle.
Proving fault in a motorcycle accident claim, like in most personal injury claims, is about proving the other driver was negligent and is, therefore, liable for damages. Negligence is a legal theory in which a person or entity is responsible for covering the monetary damages a person suffered as a result of their reckless, careless, and sometimes malicious actions. The theory of negligence depends on establishing the following elements:
Duty of Care
All drivers, riders, and others on the road automatically owe a duty of care to others around them. Essentially, drivers must follow traffic laws and behave in a way that a reasonable person would under similar circumstances to prevent causing harm. Proving the driver owed a duty of care generally means having evidence that the driver was the one behind the wheel at the time of the accident.
Breach of Duty
A breach of duty is a violation of traffic laws or failure to exercise reasonable care. The most common actions that breach a driver’s duty of care include:
- Driving while under the influence
- Driving while fatigued
- Distracted driving
- Road rage
- Failing to use turn signals
- Failing to check blind spots
- Failing to yield right away
There are various ways that drivers breach their duty of care. Pursuing fair compensation means clearly demonstrating how the at-fault driver breached the duty of care they owed the rider.
Having a valid personal injury case requires more than proving that the other driver breached their duty of care. That duty of care must be proven to be the direct cause or a significant contributing factor to the accident which caused your injuries or the death of your loved one.
The final step to the process of proving negligence is to show that the rider sustained monetary losses as a direct result of the injuries they sustained due to the driver's breach of duty. This also requires sufficient evidence to support the estimated value of compensation the rider or their surviving family members can receive.
How to Prove the Other Driver Was at Fault?
There are many ways to prove the other driver is at fault for the accident. Some of the most helpful pieces of evidence that are utilized to prove fault include:
- The police report: A police report contains important information about the accident, including the responding officer’s opinion on who’s at fault, specific details of the accident, what happened, and any citations that were issued.
- Eyewitness testimony: Eyewitness testimonies can help corroborate the version of events that you and other witnesses to the accident are giving.
- Photographs: Photographs from the accident scene, the damage done to each vehicle, and your injuries can support your version of events.
- Surveillance footage: Video footage of the accident from any nearby business or traffic cameras can be immensely helpful in proving exactly what happened.
Other helpful evidence also includes expert testimony from accident reconstructionists or medical experts. A seasoned motorcycle accident attorney has the knowledge, skills, and resources necessary to gather this evidence and use it to support your claim. Obtaining some pieces of evidence can be challenging without the assistance of a skilled boulder motorcycle accident attorney, which is one of the many reasons to contact an attorney as soon as possible after the accident.
Contact an Experienced Boulder Motorcycle Accident Lawyer
Motorcyclists are often subject to unfair scrutiny during the course of a personal injury claim or lawsuit. Investigators may automatically assume that the rider is at fault due to the stereotypes surrounding motorcycle riders. At Mintz Law Firm, our boulder motorcycle accident lawyer pushes back against these stereotypes and advocates for our clients. We ensure that our clients aren’t falsely presumed to be at fault and that their best interests are at the forefront of all negotiations.
Mintz Law Firm has years of experience helping injured accident victims secure favorable results that aid them in their recovery and help them get back on their feet. Our motorcycle accident attorneys know that riders are uniquely vulnerable on the road and in the personal injury process, and we go above and beyond to counteract that and protect our clients. Schedule a consultation with us today by contacting us on our online contact form or calling (303) 462-2999.