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If you’ve been injured in a motorcycle accident due to another person’s negligence, it is extremely important that you get an experienced Colorado Springs motorcycle accident lawyer on your side. At Rector Stuzynski Law Firm, we have been helping motorcycle accident victims get the compensation they deserve from the at-fault parties for decades. We handle the entire case for you, while you heal from your injuries and wait on a favorable settlement to come in. Our legal team pursues maximum compensation so you get your financial losses covered and then some.
Let’s face it, as a motorcycle rider, you are in constant danger of other cars and trucks on the road. Most of the time they don’t see you, are on their phone or just flat out not paying attention and cut you off, come into your lane or turn in front of you like you aren’t even there. It’s dangerous riding a motorcycle in Colorado and we want to make sure you get compensated for your injuries when negligent drivers break the law. You deserve to have the best personal injury lawyers on your side and we are here to make sure you do. Don’t wait to get your claim started, we offer free, no obligation case consultations 24/7 so give us a call today.
There are many different causes of motorcycle accidents, some being the fault of the rider, some being the fault of other drivers or even poor road conditions. All of them play a big role in how your motorcycle injury case will be handled and who ultimately was at fault for the accident. Below are some of the most common causes of motorcycle accidents in Colorado Springs.
Lane Splitting – While it may be faster for you to get to work by lane splitting in traffic, drivers aren’t expecting motorcyclists to be coming up on them when traffic is barely moving and drivers all too often change lanes while a rider is passing, causing an accident.
Distracted Driving – People on their cell phones, eating, changing the music, talking to friends or many other scenarios draw the driver’s attention away from the road meaning they are much less likely to see a motorcycle on the roads around them.
Blind Spots – Many drivers have blind spots that prevent them from seeing entire cars sometimes so small vehicles like motorcycles can be even harder to spot which is why you see a lot of riders on the edges of their lane, to ensure other drivers can see them in their mirrors to avoid unnecessary collisions.
Sudden Stops – Motorcycles can stop much faster than other vehicles, so avoid making sudden stops or turns as drivers may not expect it and hit you from behind or even at stoplights because they didn’t see you on their approach.
Car Doors Being Opened – Unaware drivers and passengers open their doors all the time without looking for oncoming traffic and this ends up causing a lot of motorcycle accidents every year.
Unsafe Road Conditions – Weather changes quickly and that can mean riding in great weather to very bad weather in a matter of minutes. Always pull over and wait it out in a safe place until the roads are safe to ride on again. Even debris, gravel, sand, salt or grass in the road can cause motorcycle accidents easily so make sure to always be aware of the road in front of you.
Mechanical Failures – Motorcycle parts can and do fail sometimes and cause terrible accidents. These can be the fault of the manufacturer or the rider depending on maintenance and other factors.
Impaired Drivers or Riders – Drivers as well as riders who are impaired are far more likely to get in an accident than if they are sober. Always remain sober when riding as it is dangerous even when you are sober. Drunk driving is far too common these days and drivers that are drunk are even more likely to not see you and cause an accident.
Intersections & Left Turns – Since motorcycles are so much smaller than cars, they are harder to see which can mean unknowing drivers pulling out in front of you as you go through an intersection or making a left turn. These accidents occur all the time and are usually the fault of the driver that pulled out in front of you. Some circumstances like speeding may put the blame partially on the rider though so always remain under the speed limit.
Not So Fun Fact: Over 40% of motorcycle accidents occur as a result of another passenger vehicle turning left while the motorcyclist drives straight.
The list below was prepared by our attorneys with extensive experience representing individuals who have unfortunately been involved in a motorcycle accident in Colorado Springs. The steps below are important to preserve your health and rights as an accident victim.
Top ten things to do if you are involved in a motorcycle accident:
After a motorcycle accident, there are a few things that you should never do as they can severely damage your chances at getting a favorable settlement for your injuries.
The majority of motorcycle accidents happen in intersections because motorcycles can be hard to see and a lot of drivers end up pulling out in front of motorcycles and causing an accident. Most of the time these are drivers turning into the intersection. Since the motorcycle riders are hard to see sometimes, they go through the intersection as normal and end up either getting hit by the vehicle turning or running into the side of a vehicle that turned in front of them.
These types of accidents can be extremely dangerous and can cause very severe injuries because the motorcycle riders are traveling at high speeds and then are jolted to a stop or thrown from their bike when they hit the slow moving vehicle that turned left in front of them. It is very common that the rider will end up in the hospital with major injuries and it is also common for them to become fatal crashes from these types of accidents which then becomes a wrongful death claim.
Most of the time the person at fault in a motorcycle crash is the driver of the car or truck that was involved in the accident, not the motorcycle rider. This is because most drivers are not looking for motorcycles on the road, they are looking for big vehicles that are easy to see on the road or in their mirrors. Since motorcycles are much smaller than automobiles and trucks, it makes them hard to see and very easy to get into an accident with.
Some of the most common reasons these accidents happen are because of riders being in other drivers blind spots, drivers pulling out in front of riders at intersections, drivers speeding or driving recklessly, unsafe lane changes and more. Of course there are some times that motorcycle riders are at fault, like when they are speeding down the road or driving recklessly, but overall the majority of motorcycle accidents are the fault of other drivers not paying attention.
As we mentioned in the above section, intersections are extremely dangerous for motorcycle riders. But the number one cause of motorcycle accidents is vehicles performing left-hand turns through intersections in front of motorcycle riders that are driving straight. This situation usually happens when a motorcycle has a green light and a driver coming the opposite direction needs to turn left. If they have a yellow light or yield sign, then they can turn left legally, but many times they don’t see the motorcycle rider coming up and turn left in front of them.
This is where accidents happen on a regular basis, especially when there is another vehicle on the opposite side of the road waiting to turn and blocking the view of the car that turned left in front of the motorcycle. Always look twice before turning through an intersection as there could be a motorcycle coming that you can’t see yet, so be careful! If you do get into an accident, make sure to enlist the help of an experienced motorcycle accident attorney if you want to make sure you get the best results with your case.
Motorcycle accident injuries can be very severe due to the fact that riders have no protection other than the riding gear they are wearing. These are some of the most common types of injuries we see when someone is involved in a motorcycle accident:
Recovering from these types of injuries can take time, and medical expenses will accumulate quickly. The statute of limitations for motorcycle accidents is three years, so you may think that time is on your side. While this is true, it is beneficial to consult a Colorado Springs Motorcycle Accident Lawyer soon after the accident to seek advice. All too often, an insurance company will try to settle a claim quickly with a lowball offer that will not cover what you need or deserve.
Motorcycle accident claims are a tricky thing to deal with when there are a lot of variables at play. The main things that need to be present for your claim to be valid are: Duty Of Care, Breach Of Duty, Causation and Damages. Every person has a duty of care when operating a motor vehicle which means they need to operate their vehicle in accordance with the laws in order to keep everyone on the road as safe as possible. So this duty of care is simplified as obeying traffic laws while operating a vehicle. Breaching that duty of care is when you knowingly commit an act with your vehicle that is illegal and potentially dangerous to others on the road. This could be running a red light, turning left in front of oncoming traffic or a variety of other situations.
Causation is the fact that what the defendant did wrongly actually caused the accident that led to the injuries you are seeking compensation for. If there were other circumstances that made the accident happen, then it’s likely the case won’t move forward. Damage is the last factor that puts a monetary value on any physical or mental damages that might have affected you as a result of the accident. These things could be medical bills, pain and suffering, life long or short term injuries, scarring, loss of mobility, lost wages, etc. All of these things are taken into account and assigned a monetary value for compensation purposes.
Each Colorado Springs motorcycle accident claim is slightly different and will have to be handled individually, but many times the case can be settled outside of court with negotiations between the two parties. If this is the case, it will likely be settled in a few months to a year and a half, depending on things such as investigation, documentation from insurance adjusters, demonstrating fault, compensation amounts and more. If both parties can agree on these factors just mentioned, then the process can be finalized within a short amount of time. However, when both parties cannot agree on what happened or don’t think the compensation package for the injured party is fair, then it could go to trial and take years to resolve.
Determining fault in a motorcycle collision is key to proving your case and getting compensation, but who is actually liable for the bill and how do you prove they are at fault? Well, the first responsible party would be the one that caused the accident but you’ll also have to deal with the insurance companies because they are typically the ones that pay the bill unless the driver didn’t have liability insurance or the compensation package is higher than their insurance policy coverage.
Proving that the driver acted negligently is key to establishing fault or liability in these cases. Maybe they turned left in front of oncoming traffic, were speeding or changed lanes without looking. These are all illegal acts that are negligent and if that’s what caused the accident then they are the one at fault. It is important to note that you could also be partially responsible for the accident if you did something that contributed to the accident happening, so make sure to be open and honest with your motorcycle attorney when going over your case to be sure they can go to negotiations with the right information against the at fault driver.
In Colorado Springs, you have up to 3 years to file your motorcycle accident claim from the date of the accident. Even though that gives you a long period of time to file, you should always consult with your attorney on this matter because many times waiting is not the best option. This is because witness testimony is harder to get after such a long period of time and some of the physical evidence may no longer be available for a variety of reasons, which can hurt your claim in the long run. Generally it is best to begin gathering information or working with an attorney within a few months of the accident, and waiting until the appropriate time to either settle the claim or file a lawsuit.
Working with an attorney on your accident claim has many benefits to it. With our law firm, you get our undivided attention to every aspect of your case so you can expect a detailed execution of each moving part of your claim from start to finish. We explain everything to you so you know what to expect, we handle all of the discovery and evidence collection, reconstruct accidents when needed, handle negotiations between you and the at-fault party and defend you in court if your case ends up going to trial.
All of this is our standard procedure, so that our clients can proceed with their claim worry free, knowing they have the best attorneys in Colorado Springs handling the case for them. With decades of experience handling motorcycle accident claims, you can expect excellent results with very little effort as we handle it all for you. Don’t settle for less, settle for the best with Rector Stuzynski Law Firm.
Oftentimes, riders are not fully aware or informed of the personal coverage available to them in the event of an accident. This coverage includes but is not limited to, ‘uninsured’, or ‘underinsured’ coverage. This is personal coverage for the rider to protect themselves, and any passenger, in the event the other party either has no coverage or inadequate coverage to provide compensation for injuries.
At Rector Stuzynski Law Firm, we have over 30 years of experience and can help guide you through the process during this difficult time. We will be happy to provide you with information and will make every effort to answer all questions you may have about your motorcycle accident case. We find that when people who have been injured are free from having to deal with the overwhelming expectations of insurance companies, it allows that person time to focus on healing. Let us handle the claims of medical bills, lost wages and compensation for other damages, such as pain and suffering so that you get a fair compensation package from your Colorado Springs motorcycle accident lawsuit and a faster recovery.
Every accident is different in a multitude of ways which drastically affects the payouts of every claim. The amount of property damages, medical bills, lost wages, pain and suffering and many other damages all add up differently across each case so it is impossible to know what your case is worth without your personal injury attorney first identifying those numbers.
You can get a good idea of your claim value by adding up any monetary damages from the accident such as medical bills, costs to repair your motorcycle or replace it, lost wages, any property damage and more. Non-monetary damages are the next part of your compensation that will need to be looked over in detail. These costs such as pain and suffering, permanent injuries, scarring, broken bones and loss of mobility or quality of life are much harder to put a number on and should be discussed with your attorney for detailed estimates of their worth. More info on this below.
Every motorcycle accident will have to be examined and handled according to its individual circumstances, but on a general note, victims of accidents are entitled to compensation for their medical bills, pain and suffering, lost wages from being unable to work and more. Below is a more in-depth list of what our motorcycle accident attorneys may be able to recover for you:
Economic Damages are a form of financial compensation in personal injury lawsuits with a specific price associated with them. Some examples of these are as follows:
Non-economic damages are losses that do not have a specific price associated with them and are harder to determine what they are worth. Some examples of there are as follows:
In cases where the negligent party willfully acted in an extremely dangerous manner, punitive damages may be awarded as an extra payment in an effort to punish the negligent party for acting in such a dangerous manner.
Here in Colorado Springs, we use comparative negligence in personal injury claims to determine the percentage of fault from both parties in an accident. This means that after all of the evidence is presented, we determine if both parties were at fault and if so, exactly how much of the accident was the fault of each person.
So you may have been 10% at fault in causing the accident which would then mean that any compensation you are entitled to would be reduced by that 10%. If your fault percentage is greater than 50%, then you would not be eligible for compensation at all.
Understanding your role in the accident can make a big difference in determining if it is worth having an injury attorney file a lawsuit, so make sure to give your lawyer all of the facts and don’t hide information from them because it could end up costing you some or all of your compensation package.
Most motorcycle accident lawyers work on a contingency fee basis, meaning that they do not charge you unless they win a settlement for you. Once they win a settlement for you, then they take a percentage of the total settlement amount as their fee, usually around 33%. This makes it much easier for the injured party to pursue compensation against the negligent party without having to foot the bill for attorney fees upfront.
Not having to pay out of pocket up front also ensures that if no settlement can be acquired, then the injured party does not have to pay their lawyer as well. They already have plenty of financial losses to deal with, so adding lawyers fees for a failed settlement on top of that would be devastating to them if they lost. This is why most personal injury attorneys work this way, because it is fair for both the plaintiff and the attorney.
Colorado Springs is a beautiful place to go for a motorcycle ride, with endless winding mountain roads you can lean into. These roads come with dangers as well though and many of these popular routes are home to motorcycle accidents regularly. With falling rocks, sand or dirt in the roads, cars coming over the middle line and more, every rider must proceed with caution on these routes. Some of these routes are:
At Rector Stuzynski Law Firm, we understand that our clients are passionate about riding motorcycles and we are here for you in the unfortunate event that you are ever involved in a motorcycle accident. With the winding mountainous roads, constant road construction, quick weather changes and an abundance of distracted drivers, it is more dangerous than ever to be riding a motorcycle.
We have a great depth of experience assisting injured motorcycle riders, and can help you get through your accident claim and recover anything you are owed from the at-fault parties. We take pride in helping riders throughout Colorado Springs and would be happy to help you with your case. Our consultations are always free and available 24/7 over the phone at (719) 578-1106 or feel free to stop by our office during business hours to speak with one of our Colorado Springs motorcycle accident lawyers.
This article was written by Michael Stuzynski of Rector Stuzynski Law Firm. Michael is a decorated personal injury attorney that has been helping Colorado Springs injury victims get compensation since 2019. With hundreds of injury settlements under his belt, he is an expert in all areas of personal injury law and litigation.
We provide legal services for personal injury and accident victims throughout the state of Colorado, but we focus on clients in these areas: Colorado Springs, Manitou Springs, Cimarron Hills, Northeast Colorado Springs, Southeast Colorado Springs, Stratmoor, Fort Carson, Air Force Academy, East Colorado Springs, Old Colorado City, Pleasant Valley, Broadmoor, Stratton Meadows, Fountain, Northwest Colorado Springs, Gleneagle, Northgate, Briargate, Monument, Woodmoor, Black Forest, Pueblo, Canon City, Larkspur, Security-Widefield, Peyton, Falcon, Calhan, Castle Rock, Teller County, El Paso County, Elbert County, Park County, Douglas County and nearby cities.
We serve clients injured in the following zip codes: 80907, 80909, 80918, 80917, 80931, 80932, 80933, 80934, 80935, 80936, 80937, 80941, 80942, 80946, 80947, 80949, 80950, 80960, 80962, 80977 ,80995 ,80997 80901, 80912, 80904, 80915, 80905, 80910, 80923, 80922, 80919, 80920, 80916, 80939, 80914, 80951, 80924, 80927, 80938, 80906, 80840, 80829, 80902, 80809, 80841, 80911, 80908, 80929, 80819, 80921, 80925, 80132, 80926, 80913, 80863, 80817, 80831, 80133, 80930, 80860, 80814, 80813, 80118, 80106, 80928, 80866, 80816, 80808, 80104, 80116, 81008, 80864, 80135, 81240, 81007, 80109, 81290, 80107, 80108, 80425, 81215, 81221, 80117, 80827, 81212, 80134, 80835, 81003, 80131, 81226, 81001, 80138, 80125, 81002, 81009, 81010, 81011, 81012, 80124, 81244, 80126, 80820, 80130, 80163, 80433, 80129, 80833, 80112, 80832, 81025, 81005, 81223, 81006, 80470, 80127, 80122 and beyond.
