Denver motorcycle accident wrongful death lawyers are here to help individuals involved in an accident. A motorcycle accident is a good example of a wrongful death case. For instance, the driver on a motorcycle is involved in an accident with a drunk driver. The motorcycle operator sustains a traumatic brain injury, the driver is in a hospital for 10 days, then they take a turn for the worse, when the driver dies from the TBI. If the cause of TBI was the drunk driver’s negligence, this would be a ripe case for wrongful death. Consult with a professional wrongful death lawyer today.
Role of Negligence in Motorcycle Accidents
Comparative negligence can reduce the number of damages a plaintiff can receive if they are found to be comparatively negligent. If the plaintiff is more than 50% at fault for causing a traffic accident, then they are barred from recovery. In layman’s term, they cannot collect money if they are more than 50% at fault. If the motorcyclist is less than 50% at fault, the recovery will be reduced by the percentage the motorcycle operator was deemed to be at fault. A Denver motorcycle accident wrongful death lawyer can further explain the role of negligence.
Helmet Laws in Denver
Colorado revised statute 42 2 1502 Section 4.5 which states that a person shall not operate or ride as a passenger on a motorcycle or a low-powered scooter unless each person under the age of 18 is wearing an approved motorcycle helmet. Therefore, if a person is over the age of 18, they do not legally have to wear a helmet while operating a motorcycle or powered scooter.
Plaintiffs in Motorcycle Wrongful Death Accidents
The motorcycle rider will usually be the party who will suffer death because the motorcyclist must ensure they are not only aware of what they are doing, they have to be aware of all the other motor vehicles on the roadway. Every issue is magnified on a motorcycle. A motorcyclist is not as protected as someone traveling in a car. Therefore, they must make sure that the decisions they make are the right ones or they may face a life or death scenario. Talk to a Denver motorcycle accident wrongful death lawyer for more on laws.
Safety Measures by Motorcycle Manufacturers
A good acronym for the rider to remember is T-CLOCS. T-CLOCS stands for the following: tires, controls, lights, oils, chassis, and stand.
- T-tires – a person is looking to make sure that the tire, wheels, and breaks are all in good operating order
- C-controls – handle bars, levers, pedals, cables holders and throttles are in good order
- L-Lights and electricity – making sure the battery, the head lamp, tail lamp, brake lamp, turn lights, switches, mirror, lenses and reflectors, and wiring are all working properly
- O-Oils and other fluid levels – a person wants to make sure that all the levels and all of the appropriate areas are all leveled and full and there are no major leaks or leaks that they can see
- C for Chassis – make sure the frame, suspension chain or belt and fasteners to all of these are in good operating order
- S for Stand – refers to making sure the center stand and the side stand is up before operating the motor vehicle and make sure that when a person does puts in down, it will hold up the weight of the bike
Damages Sought by Survivors
There is three categories of damages that an injured person can recover in Colorado: economic, non-economic, and physical impairment. Those are also damages that the surviving family members could recover for someone who is involved in a fatal motorcycle accident. A Denver motorcycle wrongful death lawyer can help a person recover these damages. Do not delay, call an attorney today.