Motorcycle accidents can be life-changing, bringing injuries, stress, and financial struggles. In Denver, riders need to know the laws that protect them if they are in an accident. These laws can affect how much money they may get for their injuries and damages. Knowing your rights makes a big difference when dealing with insurance companies and legal claims. For legal help, you can turn to the Denver motorcycle injury attorneys at Paul Wilkinson Law, who understand what injured riders need.
Who Is at Fault in Colorado Motorcycle Accidents?
Understanding who is at fault in an accident is key to figuring out who will pay for the damages. Colorado uses a “modified comparative negligence” system. This means you can get compensation for an accident as long as you are not more than 50% at fault. If you are partly to blame, your compensation will be reduced by your share of the fault.
For example, if you are 20% at fault, your payment will be reduced by 20%. To prove someone else was mostly to blame, evidence like police reports, photos, or witness statements can be very helpful.
Drivers in Colorado are required to drive carefully and watch out for motorcycles. If they are distracted, speeding, or breaking traffic laws, they can be held responsible for accidents. It’s important for riders to know when another driver is at fault to make a strong claim.
How Helmet Laws in Colorado Affect Claims
Helmet laws in Colorado could impact how accident cases are handled in important ways. While riders over 18 are not required by law to wear helmets, the decision to forgo one can influence how insurance companies evaluate your injuries and your claim. Insurers might argue that not wearing a helmet made your injuries more severe, even if another driver caused the crash. This argument is commonly used to try to reduce the amount of compensation paid to riders.
Fortunately, Colorado law specifically states that the decision not to wear a helmet cannot be used as evidence of negligence or fault in an accident. This legal protection helps motorcyclists push back against unfair tactics used by insurance companies and ensures that riders aren’t automatically penalized for their personal choice about helmets.
Even though helmets aren’t required for adults, wearing one is highly recommended. Helmets, along with protective clothing and gear, not only reduce the risk of serious injury but also demonstrate that the rider took precautions to stay safe. This proactive approach can strengthen a claim and reinforce the argument that you were acting responsibly on the road. Taking these steps can make a difference in how an insurance company or court views your case.
How Insurance Works for Motorcycle Accidents in Colorado
Insurance plays a big role after an accident. Colorado is an “at-fault” state, which means the person responsible for the crash must pay for the damages. Riders usually have a few options for covering their expenses:
- At-Fault Driver’s Insurance: This is the most common way to get compensation for medical bills, lost wages, and repairs.
- Your Own Insurance: If the at-fault driver doesn’t have adequate insurance, your uninsured motorist coverage can help.
- Filing a Lawsuit: If insurance doesn’t cover all your costs, you may need to sue the person who caused the accident.
Colorado requires drivers to carry minimum liability insurance, but these amounts often don’t cover the high costs of serious accidents. Having additional coverage can protect you in these situations.
Why You Need a Denver Motorcycle Accident Attorney
Handling a motorcycle accident case can be complicated. A seasoned attorney can fight for your rights, gather the evidence needed, and deal with insurance companies that might try to give you less than you deserve.
A good attorney will investigate the crash, build a strong case, and push back against unfair blame. They also make sure all deadlines for filing legal claims are met so you don’t lose your chance to recover damages. Having an attorney on your side can mean the difference between a fair settlement and getting stuck with costs you shouldn’t have to pay.
Take Action After Your Accident
Motorcycle accident laws in Denver are designed to protect riders, but knowing your rights is key to getting fair treatment. If you’ve been hurt in a crash, don’t face the legal and financial challenges alone. Talk to an experienced Denver motorcycle accident attorney to get the help you need.
