Motorcycle accidents can be serious and cause debilitating injuries. As a cyclist, you are bound to the same laws of the road as all other drivers. However, you are also more at risk for grave injuries due to the size of other vehicles versus the size of a motorcycle as well as the lack of protection from a motorcycle. With these kinds of injuries, a person is more likely to struggle to keep up with rising medical costs, especially when it becomes increasingly difficult to continue working.
A Lakewood motorcycle accident lawyer can help you understand how you can recover financially while you are also recovering emotionally and physically. Contact a skilled injury attorney who can help build your claim today. En Español.
Colorado Negligence Laws
In order to prove that the other driver was negligent, a Lakewood motorcycle accident lawyer will need to show that all four elements of negligence have been met. These elements are:
- Duty of care
- A breach of that duty of care
A duty of care is owed by one person to another to act as a reasonably prudent person under likewise situations. A breach of this duty, which means the duty was broken, occurs when a person does not act sensibly. For example, when a driver runs through a red light.
There are two distinct aspects of causation which are actual cause and proximate cause. Actual cause means that the accident happened only because of the negligent act. Proximate cause focuses on the foreseeability of injuries and that there was no unanticipated intervening cause in-between the accident and the negligent conduct.
The final element is that there must be damages. For a motorcycle accident, this typically includes physical and emotional injuries as well as any property damage a motorcycle.
Modified Comparative Fault in Lakewood
The state of Colorado follows the modified comparative fault theory. Often, with a motorcycle accident, the jury may find that both sides are at some level of fault. When that happens the amount of recovery is lessened by the amount of fault the plaintiff is found to be at.
For example, if the amount of damages is calculated at $100,000, but the injured party is found to be 20 percent at fault, then the total amount they can recover is $80,000.
Statute of Limitations in Motorcycle Accident Cases
An individual should be very aware that there is a statute of limitations that applies to all car related accidents. First, a statute of limitations is the deadline that is set for all legal claims to be filed with the court.
For motorcycle accidents in Lakewood, there is a three-year deadline from the day of the accident to file a claim. If an individual misses this deadline, they will be unable to ever bring their case to court. Therefore, one should be extremely careful in making sure they speak to a Lakewood motorcycle accident lawyer as soon as they can.
How a Lakewood Motorcycle Accident Lawyer Can Help
An attorney will not only provide you with legal information, but also strategies on how to proceed. You can decide that you do not want to spend your time in court and would rather have your lawyer negotiate on your behalf.
That way your Lakewood lawyer can speak with the other party and their insurance company to try to reach a settlement instead of going to court.
Alternatively, you have the option of taking the case to court so that you can fight for the full amount you are owed. However, speaking to a Lakewood motorcycle accident lawyer is the best way to find out what option best fits your specific legal situation.