Mintz Law Firm
Colorado is a beautiful state with scenic highways and roads. Therefore, it’s no wonder that motorcycles are such a popular mode of transportation. Unfortunately, motorcycle riders are incredibly vulnerable to severe injury if they were to get into an accident with other motorists. Even a seemingly minor accident that results in a small dent in the motorist's car can have serious consequences for a motorcyclist.
The motorcycle accident attorneys at Mintz Law Firm have seen how damaging a motorcycle accident can be, which is why our Englewood motorcycle accident lawyers work hard to ensure that our clients get the fair treatment and compensation they deserve. Our Englewood, CO motorcycle accident attorneys have the experience, resources, and knowledge necessary to help you secure the best possible resolution for your motorcycle accident claim. Contact Mintz Law Firm to start the process of recovering the compensation you are owed.
What Makes Motorcycle Accidents Different from Car Accidents?
Motorcycle accidents are different from standard two-car accidents because even minor accidents can result in serious injury. There’s a lot of nuance to motorcycle accident cases due to the negative stereotypes surrounding being a motorcycle rider. Drivers tend to be more aggressive towards motorcyclists or forget to keep an eye out for them, placing them at risk of an accident even if they are doing their best to be defense riders.
Some of the most common reasons that motorcycle accidents occur are due to driver negligence or things outside the rider’s control, such as:
- Distracted driving
- Road rage
- Drunk driving
- Making a left-hand turn directly in front of a motorcyclist
- Swerving into the motorcyclist's lane
- Merging into traffic without checking to see if there’s a motorcyclist there
- Debris on the road that hits the motorcyclists
Even with this being common knowledge, what tends to be discussed more is that individuals who choose to ride motorcycles are thrill seekers, making them reckless and careless.
Many insurance companies use these negative biases to try to unfairly deny claims or as an excuse for not conducting a proper investigation of the claim, all in attempts to minimize their payout. Motorcycle riders are vulnerable on the road and in the personal injury process because of these stereotypes. As a rider, it’s important to have an advocate who can push back against these assumptions to ensure you receive the fair treatment and compensation awards you deserve.
How to Prove the Other Motorist Was Liable
Recovering compensation after a motorcycle accident requires proving the other motorist was at fault for the accident. It’s strongly recommended to work with a seasoned motorcycle accident attorney who understands the law and can help you obtain the necessary evidence to sufficiently prove the four elements of negligence needed to establish liability.
Duty of Care
Any driver on the road automatically owes a duty of care to others around them. Duty of care refers to the legal responsibility to exercise the same level of care that a reasonable person would under the same or similar circumstances. For drivers, this means operating their vehicles safely and in a manner that doesn’t place others at risk of being harmed.
Breach of Duty of Care
Once it’s established the defendant owed the rider a duty of care at the time of the accident, the plaintiff's attorney needs to also demonstrate how the defendant violated the law by breaching their duty of care.
To recover damages in a personal injury case, it’s not enough to demonstrate how the defendant breached their duty of care. The plaintiff’s motorcycle accident attorney must also have sufficient evidence that proves that it’s more likely than not that the defendant’s breach of duty was the direct cause or significantly contributed to the accident and that the harm the plaintiff sustained was a result.
In personal injury, damages can refer to the monetary award that the plaintiff may be able to receive. It may also refer to the harm and losses that they sustained because of the defendant’s negligence. In a motorcycle accident claim, there are various damages that a rider can receive, including:
- Medical expenses
- Loss of income
- Property damage
- Pain and suffering
However, to receive these damages, their attorney must first comprehensively demonstrate that the rider suffered damages and that, as a result, they are entitled to damages to compensate for their losses.
The value of a motorcycle accident claim depends on the specifics of the rider’s injuries and the other losses they suffered. The more severe their losses, the higher the settlement amount tends to be. However, insurance companies always look for ways to protect their profits, so it’s important to contact an Englewood attorney as soon as possible to ensure you’re not accepting any lowball offers and have the best chance of recovering maximum damages.
Experienced Englewood Motorcycle Accident Attorney at Mintz Law Firm
Motorcycle accident claims are challenging, which is why it’s strongly encouraged for all victims to secure a skilled attorney with experience handling these types of claims. An attorney can handle every aspect of the case, from the investigation to the communication with insurance companies so that you have the time and resources to focus on getting better.
Mintz Law Firm is a personal injury firm committed to protecting the rights of injured victims and bringing negligent parties to justice. Our team is here to provide you with the legal support you need to secure the best possible results that help get your life back on track. Schedule a consultation by calling (303) 462-2999 or completing our contact form to learn more about how our Englewood motorcycle accident lawyers can help you.