Questions About Motorcycle Accident Injury Claims

Contrary to what people might think, motorcyclists are less likely to be involved in accidents than are other motorists. Unfortunately, if you are a motorcyclist involved in a motorcycle accident, the damage can seem catastrophic. Cliff Enten and his legal associates understand motorcycle accident victims are often severely injured and need a lot of expensive medical care. We help victims of motorcycle accidents in Colorado Springs, Denver and other Colorado cities get the money they need to recover from an accident for which they were not at fault.

Cliff Enten and his associates at the Law Offices of Cliff Enten have been practicing personal injury law for 16 years. They’ve represented thousands of victims in cases involving serious motorcycle accidents, car accidents, semi truck accidents, drunk driving accidents and other types of motor vehicle accidents and recovered millions of dollars in damages. Let our skills work for you. If you still need medical care, we can help you find a doctor. We’ll even visit you at your home or hospital room. Contact our legal offices today to set up an appointment to have one of our qualified lawyers review your case completely free of charge.

Motorcycle Accident FAQs

What should I do if I’ve been involved in a motorcycle accident?
What should I do if a loved one has been killed in a motorcycle accident that was not their fault?
I got into a motorcycle accident when a car made a left turn in front of me. Who is at fault?
What if the motorcyclist was not wearing a helmet or other safety gear, but was not at fault?
What special issues come into play when a motorcycle is involved in an accident?

What should I do if I've been involved in a motorcycle accident?

Call the police. This is mandatory if there are injuries and the damage to one or both vehicles is severe. Even if the damage is minor, you should still wait for a police officer to come and make a full report of the accident. The existence of this report will likely strengthen your case in court.

Seek medical attention immediately. Motorcycle accidents occurring in Denver, Colorado Springs and throughout the state can cause particularly severe injuries because of the area’s rocky terrain. Getting a complete examination from a doctor as soon as possible will serve two purposes: First, a doctor can often detect injuries you may not notice until several days after the accident, but will be more easily treated if caught early; and second, a doctor’s examination will automatically create a complete medical record of any injuries you sustained during the accident, which will give you a stronger case if you decide to take the at-fault driver to court.

Get complete information from everyone at the scene of the motorcycle accident. Get the name, address, driver’s license number and insurance information of all of the drivers involved in the motorcycle accident, as well as the names of any emergency personnel and the contact information for any bystanders who might be witnesses.

Don’t admit guilt or sign any statements without talking to a lawyer first. Courts are often biased against motorcyclists, assuming anyone who drives a motorcycle is a reckless driver. Be cooperative with police, other drivers and emergency personnel at the scene of the motorcycle accident, but don’t say anything that could later be used as evidence to prove you were responsible for an accident that wasn’t necessarily your fault.

Take photographs of injuries to yourself and damage to your bike. These photographs work best as evidence when they are taken at the scene of the motorcycle accident, but they can also be taken after the fact if you are severely injured and need immediate hospitalization.

Keep complete records of medical expenses and other costs related to the accident. This can be used as evidence in court to help you obtain compensation.

For more information on what to do after being involved in any traffic accident, visit our auto accident FAQs.

What should I do if a loved one has been killed in a motorcycle accident that was not their fault?

Many motorcycle accidents are fatal to the motorcyclist involved. If the other driver involved in the accident was at fault, the motorcyclist’s immediate family may be able to file a wrongful death claim. This would allow for compensation for medical treatments and funeral arrangements. The family may also be rewarded damages for loss of income and companionship.

I got into a motorcycle accident when a car made a left turn in front of me. Who is at fault?

In this situation, the car is almost always at fault because the vehicle going straight has the right of way. These circumstances are so common that assigning fault for an accident like this has become a near-automatic rule. Despite this fact, the insurance company for the at-fault driver may try to argue you were the one who caused the accident and are guilty of comparative negligence. They may attempt to show you were guilty of some fault in causing the accident, such as running a red light or exceeding the speed limit. These arguments are often times without merit and are an attempt to deflect fault away from their insured and on to you. Receiving compensation for motorcycle accidents that have occurred in Denver, Colorado Springs or another Colorado city requires a lawyer who has experience with cases involving motorcycles and Colorado traffic law. The Law Offices of Cliff Enten has been in the business of handling motorcycle and auto accident cases for 16 years. Contact our motorcycle accident attorneys for a free consultation.

What if the motorcyclist was not wearing a helmet or other safety gear, but was not at fault?

A motorcyclist can still be compensated for injuries, even if he or she was not wearing a helmet. In the state of Colorado, motorcyclists are not required by law to wear helmets, and there are no other legal requirements regarding the use of safety gear. Even in states where helmet use is mandatory, motorcyclists can still recover damages if they were not at fault for the accident. However, helmets are recommended in every state, and the other driver’s insurance company will likely argue some of your injuries were caused more by you not wearing a helmet than by the accident itself. If this argument is successful, it can decrease the amount of money you are awarded as compensation for medical treatment, pain and suffering and lost wages.

What if there was no other driver involved, but the accident was caused by a motorcycle malfunction that was not my fault?

Not all motorcycle accidents involve another driver. Every year, hundreds of product liability claims are filed for injuries caused by faulty tires and poorly manufactured helmets. If you have been injured in any motorcycle accident — even if no other driver was involved — it is a good idea to contact a lawyer. If the motorcycle part that broke down or the safety equipment that failed was under warranty — or if your motorcycle had been recently repaired prior to the accident — then you may have a case for negligence against the manufacturer or mechanic. You may still be awarded money to pay for the damage to your bike and to cover your medical treatment. Contact Law Offices of Cliff Enten to find out if you have a case.

What special issues come into play when a motorcycle is involved in an accident?

Because civil cases often go before a jury, motorcycle accidents are sometimes more difficult to win because of media stereotypes that depict motorcyclists as reckless drivers. Even if a motorcyclist was wearing a helmet and other safety gear, the injuries suffered by the motorcyclist are often more severe than those suffered by the driver of a car in a similar accident. A motorcycle does not have a protective frame to absorb impacts. This does not mean that a motorcycle is unsafe or that a motorcyclist is always at fault, but the other driver’s insurance company would like every judge and jury to think this way. The insurance company is often particularly fierce about arguing a motorcyclist is at fault for an accident in order to avoid paying for surgeries, prolonged hospitals stays, physical therapy and other treatments that are necessary for the recovery of a badly injured motorcycle accident victim. It will argue riding a motorcycle — and especially riding a motorcycle without a helmet, even in a state where there is no helmet law — is risk-taking behavior and it shouldn’t have to pay for it. An experienced motorcycle accident attorney will know how to combat these arguments and defend you aggressively against the unfair accusations of the other driver’s insurance company.

The Law Offices of Cliff Enten has won compensation for many victims of motorcycle accidents. Our experienced attorneys serving Colorado Springs, Denver and all of Colorado can help you pay for medical treatment and get back your lost wages. You don’t have to come to us. We’ll visit you in your home or in the hospital if you need us to. Contact our legal offices for a free consultation.

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