Motorcycle Accidents Archives | Colorado Springs Attorneys https://www.thebusseylawfirm.com/category/motorcycle-accidents/ Criminal Defense & Personal Injury Lawyers Wed, 15 Jan 2025 21:39:21 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 https://www.thebusseylawfirm.com/wp-content/uploads/2023/11/cropped-Bussey-Law-Firm-Favicon-32x32.jpg Motorcycle Accidents Archives | Colorado Springs Attorneys https://www.thebusseylawfirm.com/category/motorcycle-accidents/ 32 32 A Motorcyclist’s Guide to Colorado’s Comparative Fault Laws https://www.thebusseylawfirm.com/a-motorcyclists-guide-to-colorados-comparative-fault-laws/ Wed, 31 Jul 2024 05:12:33 +0000 https://www.thebusseylawfirm.com/?p=12121 Colorado follows a comparative fault rule, meaning compensation for injured motorcyclists can be influenced by their degree of fault in an accident. If found partially responsible, their compensation may be reduced proportionately. Colorado also applies modified comparative negligence, barring recovery if the injured party is 50% or more at fault. This system emphasizes determining fault [...]

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Colorado follows a comparative fault rule, meaning compensation for injured motorcyclists can be influenced by their degree of fault in an accident. If found partially responsible, their compensation may be reduced proportionately. Colorado also applies modified comparative negligence, barring recovery if the injured party is 50% or more at fault. This system emphasizes determining fault accurately to ensure fair compensation, highlighting the importance of legal representation for maximizing economic recovery for injured motorcyclists.

What is Comparative Negligence?

Comparative negligence” is a legal principle where fault and compensation are assessed based on each party’s degree of responsibility for an injury. If a motorcyclist is partially at fault, their compensation may be reduced proportionately.

In states like Colorado, which follow modified comparative negligence, recovery may be barred if the motorcyclist is deemed 50% or more responsible. This framework underscores the need for thorough legal assessment to determine fault accurately and optimize compensation for injured parties.

For example, imagine a scenario where a motorcyclist is involved in a collision with a car. The court then determined the motorcyclist was 30% at fault for speeding, while the car driver failed to yield, contributing 70% to the accident. If the total damages amount to $100,000, the motorcyclist’s compensation would be reduced by a 30% share of the fault, resulting in a $70,000 recovery.

However, if the motorcyclist’s fault exceeded 50%, they would receive no compensation under Colorado’s modified comparative negligence rule, emphasizing the critical role of fault determination in such claims.

Colorado’s Comparative Negligence Law (Colorado Revised Statute 13-21-111)

Colorado Revised Statute 13-21-111 establishes a modified comparative negligence framework for negligence actions. It stipulates that contributory negligence does not bar recovery but reduces damages proportionately if less than the defendant’s negligence. In non-jury trials, the court must determine damages as if no contributory negligence existed and assign percentages of negligence to each party.

The final damages awarded are then reduced by the percentage of the claimant’s negligence. However, if the claimant’s negligence equals or exceeds that of the defendant, recovery is barred. This statute underscores the importance of accurately assessing fault to determine compensation in negligence cases in Colorado.

Where a hypothetical rider is struck by a car while changing lanes, the court might find the motorcyclist 20% at fault for not using a turn signal, while the car driver is 80% at fault for failing to check blind spots. If the total damages are assessed at $100,000, the motorcyclist’s recovery would be reduced by their 20% share of fault, resulting in a $80,000 compensation ($100,000 – 20% = $80,000). However, if the motorcyclist’s fault exceeded 50 percent, they would not recover any damages under Colorado law, emphasizing the impact of fault allocation on compensation outcomes in such cases.

Scenarios of Motorcycle Accidents and Factors Affecting Victim’s Right to Compensation

Common motorcycle accidents include collisions with cars, often due to drivers failing to yield or not seeing motorcycles in blind spots. Road hazards like potholes, loose gravel, or debris pose significant risks, causing riders to lose control or crash. Additionally, lane-splitting accidents occur when motorcycles pass between lanes in slow or stopped traffic. These scenarios highlight the vulnerability of motorcyclists to both driver negligence and environmental factors on the road.

Factors influencing fault determinations in motorcycle accidents include:

  • Speed: Whether the motorcyclist or other vehicles were exceeding speed limits. If speed contributed to the accident, fault may be assigned based on how much it exceeded limits and its impact on the accident’s severity.
  • Road Conditions: Presence of hazards like potholes, debris, or slippery surfaces. Apportioning fault may depend on whether the hazard was avoidable or foreseeable, considering if reasonable precautions were taken by all parties.
  • Actions of Other Drivers: Conduct such as failure to yield, improper lane changes, or distracted driving. The fault may be assigned based on whether the actions were negligent or violated traffic laws, directly causing the accident.
  • Weather Conditions: Rain, snow, or fog can affect visibility and road grip. Determining fault might consider whether parties adjusted their driving to conditions and whether failure to do so directly caused the accident.
  • Motorcycle Driving Actions: Maneuvers such as lane splitting or sudden braking. Fault may be assessed based on legality, foreseeability, and whether such maneuvers contributed directly to the accident’s occurrence.

Impact of Helmets and Other Safety Equipment on a Claim

In Colorado, motorcycle helmet laws mandate helmets for riders under 18 and those operating with a learner’s permit. Failure to wear a helmet or other safety gear can potentially impact compensation claims in negligence cases. While Colorado follows comparative negligence principles, not wearing required safety equipment could be argued as contributing to the severity of injuries. This argument may affect the amount of compensation awarded, highlighting the importance of adhering to safety regulations to strengthen motorcycle accident injury claims.

Our Motorcycle Accident Attorneys Can Help After a Colorado Springs Accident

Legal representation from The Bussey Law Firm, P.C., is crucial after a motorcycle accident. We have over 30 years of experience and can gather evidence, negotiate with insurers, and advocate in court to ensure fair compensation.

Contact our Colorado Springs motorcycle accident lawyers at (719) 475-2555 for legal assistance with your injury claim.

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Injuries Commonly Sustained in Douglas County, CO Motorcycle Accidents https://www.thebusseylawfirm.com/injuries-commonly-sustained-in-douglas-county-co-motorcycle-accidents/ Tue, 13 Feb 2024 02:00:32 +0000 https://www.thebusseylawfirm.com/?p=3282 Accidents on the roads can be traumatic, especially when involving motorcycles. In Douglas County, CO, motorcycle accidents are unfortunately not uncommon, and they often result in severe injuries. Understanding the types of injuries that riders commonly sustain in such accidents is crucial, not only for awareness but also for the legal implications that follow. Head [...]

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Accidents on the roads can be traumatic, especially when involving motorcycles. In Douglas County, CO, motorcycle accidents are unfortunately not uncommon, and they often result in severe injuries. Understanding the types of injuries that riders commonly sustain in such accidents is crucial, not only for awareness but also for the legal implications that follow.Injuries Commonly Sustained in Douglas County CO Motorcycle Accidents

Head and Brain Injuries

Among the most severe injuries in motorcycle accidents are head and brain injuries. Even with helmets, riders remain vulnerable to head trauma. Concussions, skull fractures, and traumatic brain injuries are common consequences. These injuries often have long-term effects, impacting a victim’s cognitive abilities, memory, and overall quality of life.

Spinal Cord Injuries

Motorcycle accidents frequently lead to spinal cord injuries, which can result in partial or complete paralysis. The sudden impact and force of a collision can damage the delicate spinal cord, causing life-altering consequences for the victim. Rehabilitation for spinal cord injuries is often extensive and requires ongoing medical care.

Broken Bones and Fractures

The human body is susceptible to fractures and broken bones in a motorcycle accident due to the lack of protective barriers. Commonly broken bones include limbs, ribs, and the collarbone. The severity of these fractures varies, with some requiring surgery and extensive rehabilitation.

Road Rash and Abrasions

When a rider is thrown from their motorcycle during an accident, they may slide along the road surface, resulting in road rash and abrasions. These injuries can be painful and often require extensive wound care. Infections are a significant concern, making prompt medical attention crucial.

Internal Injuries

The impact of a motorcycle accident can cause internal injuries that may not be immediately apparent. Organ damage, internal bleeding, and injuries to vital organs can pose life-threatening risks. Immediate medical evaluation is essential to identify and address these hidden injuries.

Emotional and Psychological Trauma

In addition to physical injuries, motorcycle accidents can cause significant emotional and psychological trauma. Post-traumatic stress disorder (PTSD), anxiety, and depression are not uncommon among accident survivors. Mental health support is critical for victims to cope with the aftermath of a traumatic experience.

Legal Implications of Motorcycle Accidents in Douglas County, CO

Navigating the legal landscape following a motorcycle accident is complex. In Douglas County, CO, several factors come into play when seeking compensation for injuries sustained in a motorcycle accident.

Fault Determination

Determining fault is a crucial aspect of any motorcycle accident case. Colorado follows a comparative negligence system, which means that compensation may be reduced based on the injured party’s percentage of fault. Working with an experienced attorney is essential to establish liability and maximize compensation.

Insurance Requirements

Colorado law mandates that all motorcyclists carry liability insurance. This insurance is designed to cover bodily injury and property damage for which the rider is at fault. Understanding the insurance requirements and navigating the claims process is vital to ensuring fair compensation for injuries sustained in a motorcycle accident.

Statute of Limitations

In Douglas County, CO, there is a limited timeframe within which a victim can file a personal injury lawsuit. The statute of limitations for motorcycle accidents is typically two years from the date of the accident. Failing to file within this timeframe can result in the loss of the right to seek compensation.

Compensation for Damages

Victims of motorcycle accidents may be entitled to various forms of compensation, including medical expenses, lost wages, pain and suffering, and property damage. Building a strong case to support these claims requires legal experience and a thorough understanding of the applicable laws.

Legal Representation

Given the complexities of motorcycle accident cases, seeking legal representation is highly advisable. An experienced Douglas County personal injury attorney can navigate the legal process, negotiate with insurance companies, and advocate for the rights of the injured party. Having legal support ensures that victims can focus on their recovery while their case is in capable hands.

In conclusion, motorcycle accidents in Douglas County, CO, can lead to a range of severe injuries, each with its own set of challenges for victims. Understanding the legal implications and requirements is crucial for those seeking compensation for their injuries. If you or a loved one has been involved in a motorcycle accident, it’s imperative to consult with a skilled personal injury attorney who can guide you through the legal process and help you obtain the compensation you deserve.

For experienced legal assistance in navigating motorcycle accident claims in Douglas County, CO, contact The Bussey Law Firm, P.C. Our experienced team is dedicated to advocating for the rights of injury victims and ensuring they receive the compensation they are entitled to. Don’t delay – reach out to us today for a consultation.

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What to Expect During a Colorado Motorcycle Accident Lawsuit https://www.thebusseylawfirm.com/what-to-expect-during-a-colorado-motorcycle-accident-lawsuit/ Sat, 13 Jan 2024 02:00:24 +0000 https://www.thebusseylawfirm.com/?p=3184 In the aftermath of a motorcycle accident in Colorado, the road to recovery can be challenging, both physically and emotionally. Amidst the chaos, understanding the legal process that follows becomes imperative. At The Bussey Law Firm, P.C., we comprehend the complexities of motorcycle accident lawsuits in Colorado, aiming to shed light on what you can [...]

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In the aftermath of a motorcycle accident in Colorado, the road to recovery can be challenging, both physically and emotionally. Amidst the chaos, understanding the legal process that follows becomes imperative. At The Bussey Law Firm, P.C., we comprehend the complexities of motorcycle accident lawsuits in Colorado, aiming to shed light on what you can expect during this trying time.What to Expect During a Colorado Motorcycle Accident Lawsuit

Initial Consultation and Case Evaluation

The journey through a motorcycle accident lawsuit typically begins with an initial consultation with our seasoned legal team. During this meeting, we delve into the specifics of your case, collecting crucial details to assess its viability. From the circumstances surrounding the accident to the extent of your injuries, every aspect is meticulously scrutinized to build a solid foundation for your lawsuit.

Filing the Lawsuit

Once we’ve established the merit of your case, the next step involves filing the lawsuit. In Colorado, this process typically initiates with the drafting and filing of a complaint against the responsible party. Our legal experience crafts a compelling narrative that outlines the negligent actions of the opposing party, setting the stage for the legal battle ahead.

Discovery Phase

Following the filing of the lawsuit, the discovery phase unfolds. This stage is characterized by the exchange of information between both parties involved in the lawsuit. Depositions, interrogatories, and requests for documents become integral components as each side seeks to gather evidence to support their claims or defenses.

Mediation and Settlement Negotiations

Colorado law encourages alternative dispute resolution methods, such as mediation, before proceeding to trial. Mediation provides an opportunity for both parties to engage in negotiations facilitated by a neutral third party. Our legal team at The Bussey Law Firm, P.C. works diligently to secure a fair settlement during this phase, aiming to alleviate the burden on our clients while still achieving a just outcome.

Pretrial Motions and Proceedings

In the event that mediation proves unsuccessful, pretrial motions and proceedings come into play. Motions may include requests to exclude certain evidence, dismiss the case, or clarify legal points. Our experienced Colorado Springs motorcycle accident attorneys navigate these motions strategically, seeking to strengthen our client’s position and streamline the case for trial.

Trial Preparation

As the case progresses, meticulous trial preparation becomes paramount. The Bussey Law Firm, P.C. invests significant resources in preparing a compelling case for trial. This involves witness preparation, the compilation of evidence, and the development of persuasive legal arguments, ensuring that our clients are well-represented in the courtroom.

The Trial

The culmination of the legal process is the trial itself. In a Colorado motorcycle accident lawsuit, both parties present their cases before a judge and/or jury. Our adept legal team at The Bussey Law Firm, P.C. leverages their extensive courtroom experience to articulate a compelling narrative, presenting the evidence in a manner that resonates with the trier of fact.

Verdict and Appeals

Once the trial concludes, a verdict is rendered. In the event of a favorable outcome, the focus shifts to the enforcement of the judgment. Alternatively, if the verdict is unsatisfactory, our legal team explores the option of filing an appeal. Appeals involve a review of legal errors that may have occurred during the trial, offering an additional avenue for pursuing justice.

Post-Trial Resolution and Compensation

Following a verdict or successful settlement, the focus shifts to the resolution and compensation phase. Our commitment at The Bussey Law Firm, P.C. extends beyond the courtroom, as we work diligently to ensure that our clients receive the compensation they rightfully deserve. This may involve negotiations for medical expenses, lost wages, pain and suffering, and other damages incurred as a result of the motorcycle accident.

Emphasizing the Importance of Legal Representation

The intricacies of a Colorado motorcycle accident lawsuit underscore the critical importance of securing competent legal representation. Navigating the legal landscape alone can be overwhelming, especially when contending with insurance companies and legal adversaries. The Bussey Law Firm, P.C. brings a wealth of experience and a track record of success to each case, providing clients with the assurance that their rights are diligently advocated for at every turn.

Statute of Limitations

Individuals involved in a motorcycle accident must be aware of the statute of limitations governing personal injury claims in Colorado. The statute of limitations sets a strict timeframe within which a lawsuit must be filed. Failure to adhere to this timeframe may result in the forfeiture of the right to pursue legal action. Seeking legal counsel promptly after an accident ensures that the necessary steps are taken within the designated timeframe, preserving the ability to seek compensation.

Ongoing Communication and Support

At The Bussey Law Firm, P.C., we prioritize transparent and ongoing communication with our clients. Navigating a motorcycle accident lawsuit can be emotionally taxing, and we recognize the importance of providing consistent updates and support. Our team is committed to fostering a client-centric approach, ensuring that our clients are well-informed and supported throughout the legal process.

Navigating a Colorado motorcycle accident lawsuit demands legal acumen and a thorough understanding of the intricacies involved. The Bussey Law Firm, P.C. stands as a stalwart ally, guiding clients through each phase of the legal process with diligence and experience. In the wake of a motorcycle accident, securing competent legal representation is not just a choice; it’s a necessity. Let us champion your cause, ensuring that your rights are protected and justice prevails.

Contact The Bussey Law Firm, P.C. today to schedule your initial consultation, discuss your motorcycle accident claim, and embark on the path to justice.

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Are Motorcycles That Much More Dangerous Than Cars? https://www.thebusseylawfirm.com/are-motorcycles-that-much-more-dangerous-than-cars/ Sun, 15 Oct 2023 12:36:46 +0000 https://busseylawfirm.wpenginepowered.com/?p=28 Although motorcycles are often associated with a sense of freedom and adventure on the open road, they are considerably more dangerous than cars. Riders must prioritize safety, wear protective gear, and remain vigilant on the road. In the unfortunate event of an accident, consulting with a Colorado Springs motorcycle accident lawyer is crucial to protecting [...]

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Although motorcycles are often associated with a sense of freedom and adventure on the open road, they are considerably more dangerous than cars. Riders must prioritize safety, wear protective gear, and remain vigilant on the road. In the unfortunate event of an accident, consulting with a Colorado Springs motorcycle accident lawyer is crucial to protecting your rights and seeking the compensation you need to recover from your injuries. To fully appreciate the risks associated with motorcycle operations, it is critical to understand how motorcycles pose a greater risk to riders than cars and the nature and extent of those risks.

Lack of Structural Protection

Are Motorcycles That Much More Dangerous Than CarsOne of the most apparent distinctions between motorcycles and cars is the absence of a protective metal frame around the rider. While cars are designed with passenger safety in mind, motorcycles lack this crucial safeguard. Additionally, motorcycles lack safety features like airbags and seatbelts, further exposing riders to risk.

Increased Risk of Severe Injuries and Fatalities

Due to this lack of structural protection, motorcyclists are at a significantly higher risk of sustaining severe injuries and fatalities in accidents. Riders are vulnerable to direct impact with other vehicles, road surfaces, or objects in a collision. This increased risk underscores the importance of safe riding practices and proper safety gear.

Exposure to the Elements

Another factor that makes motorcycles more dangerous is their exposure to the elements. Riders are directly exposed to weather conditions, road debris, and other environmental factors that car occupants are shielded from. Rain, wind, and extreme temperatures can impact a rider’s ability to control their motorcycle safely.

Importance of Safety Gear

To mitigate some of these risks, motorcyclists should prioritize safety gear. Helmets, protective clothing, gloves, and sturdy boots can provide a level of protection against road debris, abrasions, and impacts. In many cases, helmets are the most critical safety accessory, offering protection against head injuries, a major concern in motorcycle accidents.

Reduced Visibility and Awareness

Motorcyclists face unique challenges related to visibility on the road. Their smaller size and profile make them less conspicuous to other drivers. This reduced visibility can lead to accidents when other motorists fail to notice or be aware of motorcycles in traffic.

Tips for Improved Visibility and Awareness

For motorcyclists:

  • Use reflective gear: Use reflective clothing and accessories to enhance visibility, especially during nighttime riding.
  • Signal clearly: Use turn and hand signals to communicate your intentions to other drivers.
  • Lane positioning: Choose your lane position strategically to maximize visibility to others on the road.

For other drivers:

  • Check blind spots: Always check blind spots for motorcycles before changing lanes or making turns.
  • Maintain a safe following distance: Give motorcycles extra space, as they can stop faster than cars.
  • Be attentive: Avoid distractions and stay focused on the road.

The Role of a Motorcycle Accident Injury Attorney

Personal injury lawyers have the knowledge to navigate the legal complexities surrounding motorcycle accidents. They can help you gather evidence, negotiate with insurance companies, and pursue compensation for your injuries.

In many cases, motorcycle accidents result from the negligence of other motorists. An experienced motorcycle crash attorney can help you build a strong case to hold the responsible party accountable and seek the compensation you deserve.

If you’ve been hurt in a motorcycle accident, don’t hesitate to seek legal assistance. Your rights and well-being are paramount, and a skilled personal injury lawyer can help you on the path to recovery.

Contact Us: Your Recovery Is Our Top Priority

The Bussey Law Firm, P.C. is committed to providing quality legal guidance and support to motorists of Colorado. Head attorney Timothy Bussey’s extensive experience spans over 25 years. From his service in the U.S. Air Force to his legal publications, he has a proven track record of success.

Our Colorado Springs attorneys will fight for your rights and justice. Call us at (719) 475-2555 for a free consultation, and let us help you obtain the compensation you deserve.

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Getting the Most Out of Your Motorcycle Accident Claim https://www.thebusseylawfirm.com/getting-the-most-out-of-your-motorcycle-accident-claim/ Thu, 24 Jun 2021 20:21:43 +0000 https://busseylawfirm.wpenginepowered.com/?p=205 The cost of a motorcycle accident can easily bury a person or family. Beyond the simple property damage of a collision, bikers can suffer catastrophic injuries and disabilities that take them away from work and make it difficult for them to put food on the table. Even if you have good health insurance, you are [...]

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The cost of a motorcycle accident can easily bury a person or family. Beyond the simple property damage of a collision, bikers can suffer catastrophic injuries and disabilities that take them away from work and make it difficult for them to put food on the table.

Getting the Most Out of Your Motorcycle Accident ClaimEven if you have good health insurance, you are still looking at expensive medical bills and weeks to months of lost wages. When it comes time to file a claim, it is important to include all of the costs you have suffered and fight for the maximum available award. A tough lawyer can help.

 

Insurance Companies Do Not Play Fair

While you may hope that the at-fault driver’s insurance company will offer a fair deal for your injuries, the truth is that insurance companies are only interested in profits. The entire industry is based on charging high premiums and paying out as little as possible during claims. When an adjuster receives your claim, he will not factor in your medical bills, lost wages, or the trauma of your injuries – he only cares about saving money.

If you file a claim on your own, you can expect to receive a low settlement offer right out the gate. An adjuster will say it is “the best I can do” or a “great deal for a biker,” but this is really meant to bait you into giving up your right to full compensation. You should never accept this first offer and, when push comes to shove, you should always talk to a Colorado motorcycle accident lawyer about how to get the maximum amount possible.

What Damages Can You Recover After a Motorcycle Accident?

In the state of Colorado, motorcyclists who are injured by negligent drivers can recover compensation for all their trauma through a personal injury claim. Personal injury claims are designed to make accident victims “whole” again following a collision. This means that anything you have suffered due to the negligent driver’s actions should be recovered in a claim.

Damages in personal injury claims are split into two categories: economic and non-economic. Economic damages include all of the financial costs of your injury, including medical bills and lost wages. These should account for the full costs of your injuries. This means if you need long-term treatment and care for your injuries, these costs should be included in your claim.

Non-economic damages refer to non-financial costs: the physical pain of your injuries, the emotional trauma of the collision, and how it has affected your personal life. This is harder to calculate, but there are techniques that your attorney can use to determine a fair amount for your suffering, such as the multiplier method. The multiplier method calculates non-economic damages by taking the cost of your medical bills and multiplying it by a number between 1.5 and 5. The more severe your injuries, the higher the multiplier number.

There is no cap in Colorado on personal injury awards, and you can recover for the following:

  • All medical expenses, including past and future treatment for your injuries
  • Lost wages if you had to take time off work to heal
  • Lost earning capacity if your injuries forced you to change careers
  • Disabilities
  • Disfigurements
  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life

However, the insurance company isn’t just going to hand these damages over. You will need to collect evidence and review all available policies first.

Documents You Need to Collect

Getting the most out of your claim requires collecting evidence of how the motorcycle accident has affected your life. For economic damages, this can include:

  • Receipts and bills for medical treatment
  • Old pay stubs
  • Tax returns
  • Any related financial documents

As mentioned earlier, non-economic damages are harder to calculate, but there are some methods that you can use to prove your case. If you are using the multiplier method, your medical doctor can provide testimony explaining how severe your injuries are and how much pain you are in. You can also keep a journal that details your day-to-day experiences, including how your injuries are affecting your personal life. Testimony from friends and family can also be used to support the emotional impact of the accident.

Reviewing All Insurance Policies

An important step in getting compensation for a motorcycle accident is reviewing all available insurance policies – including both the at-fault driver’s insurance and your own insurance. Colorado requires all vehicle operators to have at least:

  • $25,000 personal injury liability insurance per person
  • $50,000 personal injury liability insurance per accident
  • $15,000 proper damage liability

At minimum, a personal injury claim against another driver for a motorcycle accident should yield $25,000 in compensation. However, if you have underinsured motorist (UIM) coverage and the at-fault driver’s insurance does not fully cover your injuries, you can also file a claim against your own insurance company to make up the difference. UIM coverage must match your minimum liability insurance, meaning a policy should at least have $25,000.

For example, let’s say a drunk driver only has $25,000 in liability insurance, but you suffered $50,000 in damages. If you have a UIM policy, then you may be able to recover the remaining $25,000 to pay for the accident.

Lastly, if you have MedPay, you may also receive immediate compensation for medical bills after a collision, no matter who was at fault. MedPay policies can range between $1,000 and $25,000 and are invaluable for motorcyclists.

Fighting for Full Compensation

It is important to remember that Colorado is a comparative negligence state. If your case goes to trial, then a jury can assign some fault to you for causing the collision. If you are assigned at least 50% of the fault, then you cannot receive compensation. In addition, the total amount of compensation you receive can be reduced by 1%-49% — whatever the fault assigned to you.

To get the most out of your claim and ensure you receive full compensation for your injuries, you need to work with an experienced Colorado Springs personal injury attorney. At The Bussey Law Firm, P.C., we understand how difficult it is for motorcyclists to get compensation from insurance companies, but we can use all of our skills and experience to fight for you. We have successfully recovered compensation for myriad clients throughout Colorado Springs and can provide you with the same reliable representation. To discuss your case in a free consultation, call us at (719) 475-2555.

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Motorcyclist Killed On Colorado Interstate 25 https://www.thebusseylawfirm.com/motorcyclist-killed-on-colorado-interstate-25/ Mon, 26 Oct 2015 04:37:15 +0000 https://busseylawfirm.wpenginepowered.com/?p=357 According Fox 21 News, a 33 year old motorcyclist was killed last month when he attempted to pass between two trucks on Colorado Interstate 25. While the accident remains under investigation, Colorado State Troopers don’t believe drugs or alcohol were involved. Riding a motorcycle, particularly on a multi-lane roadway with trucks and tractor trailers, is dangerous no matter [...]

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According Fox 21 News, a 33 year old motorcyclist was killed last month when he attempted to pass between two trucks on Colorado Interstate 25. While the accident remains under investigation, Colorado State Troopers don’t believe drugs or alcohol were involved.

Motorcyclist Killed On Colorado Interstate 25Riding a motorcycle, particularly on a multi-lane roadway with trucks and tractor trailers, is dangerous no matter how experienced the rider is. The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) states that 4,668 fatalities resulted from motorcycle accidents in 2013. NHTSA statistics for the same year show that motorcycle riders are 26 times more likely to die in crashes than the riders of passenger cars and other motor vehicles.

Consult an experienced Colorado Springs motorcycle attorney if your loved one has been hurt in a vehicle accident. The Colorado Springs offices of The Bussey Law Firm, P.C. has help clients for nearly 25 years. Call us today at (719) 475-2555 for a free consultation.

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Not Wearing a Motorcycle Helmet DOES NOT Bar Recovery for Damages https://www.thebusseylawfirm.com/not-wearing-a-motorcycle-helmet-does-not-bar-recovery-for-damages/ Tue, 23 Jun 2015 04:49:14 +0000 https://busseylawfirm.wpenginepowered.com/?p=368 Motorcyclists from across the country come to experience Colorado’s open roads and natural beauty every year. Unfortunately, no matter how careful a motorcyclist is when driving on the road, other drivers are always a risk. If you or a loved one have been injured in a motorcycle accident the damages, including medical bills, can be [...]

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Motorcyclists from across the country come to experience Colorado’s open roads and natural beauty every year. Unfortunately, no matter how careful a motorcyclist is when driving on the road, other drivers are always a risk. If you or a loved one have been injured in a motorcycle accident the damages, including medical bills, can be staggering. Colorado does not require motorcyclists to wear a helmet. One of the most frequently asked questions about motorcycle accidents is whether not wearing a helmet will bar or lessen an injured motorcyclist’s right to seek financial compensation.

Not Wearing a Motorcycle Helmet DOES NOT Bar Recovery for DamagesWhen addressing this issue it is important to review the four essential elements of a Colorado Springs motorcycle claim.

FIRST, there must be a legal duty of care on the part of the defendant. These duties include, but are not limited to, duty to maintain a lookout, to control the vehicle, to drive on the right side of the road, and to observe the right of way at intersections.

SECOND, there must be a breach of that duty by a violation of a standard of conduct. This can be as simple as failing to stop at a stop sign or a red light.

THIRD, there must be an injury to the plaintiff. In motorcycle accidents this can be the medical injuries suffered by the motorcyclist or damage to the motorcycle itself.

FOURTH, there must be a causal relationship between the breach and injury. To illustrate the causal relationship, imagine a driver who runs a red light and hits a motorcyclist. The injuries from that accident were likely caused by the driver who ran the red light.

When motorcyclists are involved in traffic accidents the risk of serious bodily injury can be greater than other vehicles due to the exposure a person has on a motorcycle compared to a passenger vehicle. In Colorado, every person has the right to believe that others will obey applicable laws and regulations. Further, it is not negligent in failing to expect that other persons may violate such laws and regulations. This means that it is not your duty to anticipate other drivers’ negligent and unlawful acts while on the road.

Colorado law requires the use of protective eyewear when operating a motorcycle. Colorado law does not require the operator or rider to wear a protective helmet once they turn 18.

This is significant when a person is trying to recover damages for injuries sustained in a motorcycle accident. A motorcycle operator or rider does not devalue his or her claim for damages if they were not wearing a helmet. The Colorado Supreme Court addressed this issue in Dare v. Sobule, 674 P.2d 960 (1984), a wrongful death suit in which a motorcyclist was killed in a traffic accident. The Court held that, under the law of comparative negligence in Colorado, failure to wear a protective helmet is inadmissible to show negligence on the part of the motorcyclist or to mitigate damages.  A motorcycle operator or rider does not have to anticipate that another driver is going to cause an accident. It is recommended that all motorcycle operators and riders wear a helmet when on the road. That being said, not wearing a helmet does not make a motorcyclist negligent and it should not decrease the amount of money claimed for medical treatment, pain and suffering, and lost wages.

If you or a loved one has been injured in a motorcycle accident, you need a law firm that will fight for you. The fact that you were not wearing a helmet does not mean that insurance companies can deny your claims for medical injuries, pain, and lost wages. Our team here at The Bussey Law Firm, P.C. will assess your case and work with you as you recover from your injuries. Contact a Colorado Springs motorcycle accident lawyer today to set up a consultation to discuss your case. The number to dial is (719) 475-2555

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Motorcycles and Summer Riding were Meant to go Together https://www.thebusseylawfirm.com/motorcycles-and-summer-riding-were-meant-to-go-together/ Mon, 15 Jun 2015 04:51:44 +0000 https://busseylawfirm.wpenginepowered.com/?p=370 From Rocky Mountain National Park to the Comanche National Grassland, Colorado’s natural beauty is unparalleled. As the temperatures rise, motorcyclists flock to Colorado to ride through the scenery on the many roads that traverse our state. Enjoying the highway on a motorcycle comes with risks, however. According to statistics provided by the National Highway Traffic [...]

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From Rocky Mountain National Park to the Comanche National Grassland, Colorado’s natural beauty is unparalleled. As the temperatures rise, motorcyclists flock to Colorado to ride through the scenery on the many roads that traverse our state. Enjoying the highway on a motorcycle comes with risks, however. According to statistics provided by the National Highway Traffic Safety Administration, 4,668 motorcyclists were killed in traffic accidents in 2013 alone. Additionally, 88,000 people were injured in a motorcycle accident.

Motorcycles and Summer Riding were Meant to go TogetherOur team at The Bussey Law Firm, P.C. understands that passenger vehicles and motorcycles need to share the road safely so that everyone can enjoy Colorado’s beauty. That being said, the freedom of riding a motorcycle also comes with less protection than a car. Even with a helmet, motorcyclists involved in accidents are more susceptible to injuries such as traumatic brain injuries, road rash, broken bones and other serious conditions. Just because you have less protection on a motorcycle does not mean that you have fewer rights! If you or a loved one has been injured in a motorcycle accident, you’ll want to make sure that you have an experienced attorney on your team.

Led by Timothy R. Bussey, a 2015 Super Lawyer, our Colorado Springs motorcycle collision attorneys at The Bussey Law Firm, P.C. understand the complex issues involved in a traffic accident, particularly a motorcycle accident. Whether your case involves faulty products or protections, problems due to a faulty roadway or the negligence of another driver, we here at The Bussey Law Firm, P.C. strive to make sure that those responsible for motorcycle accidents are held responsible.  By diligently investigating and pursuing your claim, The Bussey Law Firm, P.C. will fight to ensure that you are made whole by receiving compensation for injuries, lost wages, lost property, and other damages.

Worried about your injuries, concerned about how the insurance companies will treat you and/or not sure what to do next? Call our team at (719) 475-2555 to set up your free consultation to discuss your case. We work with you and fight for you as you recover from your injuries so do not wait until its too late, schedule an appointment today and add The Bussey Law Firm, P.C. to your team.

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Mandatory Anti-Lock Brakes may Reduce Colorado Motorcycle Accidents https://www.thebusseylawfirm.com/mandatory-anti-lock-brakes-may-reduce-colorado-motorcycle-accidents/ Thu, 27 Jun 2013 09:43:43 +0000 https://busseylawfirm.wpenginepowered.com/?p=418 In an effort to reduce the growing number of motorcycle fatalities in the United States, the Insurance Institute for Highway Safety (IIHS) and the Highway Loss Data Institute recently petitioned the National Highway Traffic Safety Administration (NHTSA) to make anti-lock brakes a mandatory feature of all new motorcycles sold in the United States. Studies conducted [...]

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In an effort to reduce the growing number of motorcycle fatalities in the United States, the Insurance Institute for Highway Safety (IIHS) and the Highway Loss Data Institute recently petitioned the National Highway Traffic Safety Administration (NHTSA) to make anti-lock brakes a mandatory feature of all new motorcycles sold in the United States. Studies conducted by the IIHS found that anti-lock brakes could reduce fatal motorcycle accidents by at least 31% because they would allow riders to fully brake in an emergency. Motorcyclists tend to avoid braking with full force when their bike does not have anti-lock brakes because it may cause the front wheel to lock and increase the chance of a serious collision.

Mandatory Anti-Lock Brakes may Reduce Colorado Motorcycle Accidents“We hope NHTSA will agree that it’s time to take action to ensure all riders get the benefit of this lifesaving technology,” said Adrian Lund, president of IIHS and the Highway Loss Data Institute.

Motorcyclists must take every precaution to protect themselves and others while out on the road. Unfortunately, many motorcycle crashes occur due to the negligent actions of another motorist. If you have been injured or lost a loved one in a motorcycle accident in Colorado, The Bussey Law Firm, P.C., can help you get the compensation you need to reduce your financial burdens after a crash, so you can focus on healing. Call us at (719) 475-2555 for a free and confidential consultation.

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Motorcycle Accidents Cost U.S. Riders Billions https://www.thebusseylawfirm.com/motorcycle-accidents-cost-u-s-riders-billions/ Thu, 13 Dec 2012 13:36:32 +0000 https://busseylawfirm.wpenginepowered.com/?p=458 Tens of thousands of motorcyclists across the U.S. are injured or killed in crashes each year, imposing a high personal and financial cost on bikers and their families. Many experienced motorcycle accident attorneys in Colorado and other states are dedicated to helping families deal with many of these costs, which topped $16 billion in 2010.   The [...]

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Tens of thousands of motorcyclists across the U.S. are injured or killed in crashes each year, imposing a high personal and financial cost on bikers and their families. Many experienced motorcycle accident attorneys in Colorado and other states are dedicated to helping families deal with many of these costs, which topped $16 billion in 2010.

 

Motorcycle Accidents Cost U.S. Riders BillionsThe number comes from a report by the Government Accountability Office (GAO), which bases its estimate on data gathered from the National Highway Traffic Safety Administration (NHTSA), state traffic safety officials, and non-profit organizations that focus on highway safety. The estimate includes all the financial losses caused by motorcycle crashes each year, such as medical bills, lost wages, repairs, and other costs.

 

The GAO notes that despite the high risks of personal injury involved in a motorcycle crash, only about 18 percent of the $16 billion total annual cost is spent on medical bills. Most of the money – about 44 percent, or $7 billion – is lost when riders injured in a motorcycle crash are unable to work, either temporarily or permanently. The wages that could have been earned are not, leaving many families in dire financial straits.

If you’ve been in a motorcycle accident in Colorado, you know firsthand the costs a crash imposes. At The Bussey Law Firm, P.C., our hardworking legal team can help you get the compensation you need to reduce your financial burdens after a crash, so you can focus on healing. For a free case evaluation, call us today at (719) 475-2555.

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