Mintz Law Firm
Aurora Motorcycle Accident Lawyer
Motorcycle accidents can be very dangerous. Riders often suffer more severe and debilitating injuries due to the lack of seatbelts or protection of an enclosed vehicle. As a result of these serious injuries, riders can face hefty medical bills and a long road to recovery that impacts their careers, personal life, and personal relationships. Unfortunately, even though a rider suffers more severe injuries and losses, they tend to have a hard time recovering fair compensation despite not being the at-fault party.
Many people assume that individuals who ride motorcycles are inherently reckless, and insurance adjusters are no different. Even if the rider is incredibly cautious and has little to do with causing the accident, adjusters will use this bias against them. At Mintz Law Firm, our Aurora motorcycle accident attorneys can help protect our clients against insurance companies and aggressively fight for their right to fair compensation. Increase your chances of recovering the compensation you deserve by contacting Mintz Law Firm today.
What Makes Motorcycle Accidents Different from Car Accidents?
Motorcycle accidents are often different from car accidents or other personal injury cases because even the seemingly minor ones often result in serious injury. Most motorcycle accidents are caused by distracted drivers, by other drivers being more aggressive towards motorcyclists, or by many drivers forgetting to watch for them.
While the other driver is more often than not the main contributor to the accident, insurance adjusters will still point the blame at the rider for being “reckless.” There are many misconceptions when it comes to the skills needed to operate a motorcycle and their behavior. Insurance companies often rely on these misconceptions, especially if a case goes to trial.
Purchasing motorcycle insurance is entering into a contract with an insurance company. After a motorcycle accident, the insurance company is legally responsible for acting in the holder’s best interest when negotiating with third parties and making settlements. Unfortunately, insurance companies try to deny claims unfairly or fail to investigate a claim appropriately in an attempt to minimize their payout.
It’s always wise to have a Aurora motorcycle accident attorney handle a personal injury claim, but for motorcyclists, it’s often necessary to avoid being taken advantage of by insurance adjusters.
Can Insurance Companies Use a Lack of Helmet Against a Rider?
Insurance companies often go out of their way to find ways to minimize their payout, including using Colorado’s modified comparative negligence law to deny and reduce compensation for motorcyclists. Comparative negligence is applied in accidents where the victim contributed to their own injuries and the accident. However, the victim who suffered the most injuries can still recover compensation as long as they are less than 50% responsible for the accident.
Adult motorcycle riders do not legally have to wear a helmet. Furthermore, the Colorado Supreme Court determined that adult riders not wearing a helmet cannot be considered negligent because they cannot be expected to assume or predict the negligence of others on the road.
However, insurance companies will still try to use the act of not wearing a helmet against the rider. It could be used as a sign of the rider being reckless and imply they played a role in the accident. Having a dedicated Aurora motorcycle accident attorney ensures that even things that may place you at a disadvantage don’t prevent you from getting the best possible results for your claim.
Proving Negligence in a Colorado Motorcycle Accident
A successful personal injury claim relies on proving negligence. Negligence is proven by establishing the following four elements:
- Duty of care: All drives automatically owe the others on the road a duty to exercise reasonable care to prevent causing harm. Usually, that means operating a vehicle safely and following traffic laws and regulations. Proving duty of care typically involves proving the at-fault party was the driver at the time of the accident.
- Breach of duty: A breach of duty of care is any violation of traffic laws or failure to properly maintain and operate a vehicle. There must be evidence of the other driver failing to practice reasonable care.
- Causation: The driver violating their duty of care is not enough to support a claim. There must be a legal connection between the breach of duty and the injury the victim suffered. Causation is often proven by showing that if not for the other driver’s action, the victim would not have suffered any injury or loss.
- Damages: There must be evidence that the rider sustained monetary losses because of the other driver’s breach of duty. Additionally, there needs to be clear evidence that demonstrates the need for the monetary compensation the rider is asking for in the claim.
The focus after a serious accident should always be on recovery and getting better. That can be challenging when needing to pursue a personal injury claim. Fortunately, riders don’t need to tackle motorcycle accident claims on their own. A personal injury lawyer can take on the legal burden and fight for their best interests and maximum compensation on their behalf.
Pursue Fair Compensation With the Help of Mintz Law Firm
Motorcycle accident claims can be challenging, and it’s strongly encouraged that all victims secure a skilled motorcycle accident attorney with experience handling these claims. At Mintz Law Firm, when we take on a case, our motorcycle accident lawyers work hard to ensure our clients have the space, time, and energy they need to focus on themselves and their recovery. Mintz Law Firm is committed to helping injured accident victims pursue maximum compensation, even if it means going to trial. Schedule a consultation today by calling (303) 462-2999 or completing our online contact form.