Aurora, Colorado, is a modified comparative negligence state. This means that the claimant will not be barred from recovery if their fault is less than 50% of the combined fault of all the individuals who caused the incident in question.
To understand how this relates to your injury case, it is important to contact an Aurora motorcycle accident attorney as soon as possible. An experienced lawyer can help determine the negligence present in your Aurora motorcycle accident and help recover just compensation on your behalf.
Comparative negligence can reduce the amount of damages a plaintiff can receive if they are found to be comparatively negligent. If a plaintiff is more than 50% at fault for causing the traffic accident then they are barred recovery.
In layman terms, the individual cannot collect money if they are more than 50% at fault. If a motorcyclist is less than 50% at fault, the recovery will be reduced by the percentage of fault that was deemed to the motorcyclist. Determining the degree of negligence an individual may be responsible for in their Aurora motorcycle accident requires the assistance of an attorney.
Being Aware of Injury
A motorcyclist can make themselves more aware of the increased risk of injury by making sure they are following the rules of the road. Secondly, motorcyclists need to ensure they are operating their motorcycle with a DOT-approved helmet, riding gloves, long-sleeve shirts, preferably a leather coat, jeans, eye protection, and some form of a boot.
These instrumentalities will ensure the safety of the motorcycle rider and help lessen or reduce the injuries a rider may sustain as a result of a collision.
Motorcyclists are held to the same standard of law as other motor vehicles that they share the road with. Motorcyclists must adhere to the rules of the road and follow all traffic control legends. In fact, motorcyclists must maintain a proper lookout of all the hazards on the roadway that might not affect other drivers or other vehicles on the roadway.
A motorcyclist is on two wheels; they are more susceptible to the dangers on the road that would not affect a four-wheeled vehicle.
This standard is enforced by police officers, speed cameras, and red light cameras. Police officers have the power to enforce the rules of the road. Speed cameras and the red light cameras are stationary instrumentalities that ensure that drivers are following the posted speed limits and the traffic control legends that are in place. Violating these instrumentalities can lead toward the determination of negligence in Aurora motorcycle accidents.
Dynamics of an Accident
A personal injury attorney can determine how the collision occurred, what the weather conditions were like, what the traffic conditions were like, the witness statements, statements from all the parties involved, and, lastly, the traffic accident report to help determine negligence in an Aurora motorcycle accident.
A personal injury attorney will take all the information gathered and determine whether or not this particular motorcyclist has a case that the attorney wants to pursue for them.
The information gathered by the attorney will have a direct result on how the attorney will proceed with representing the potential client. The attorney must ensure that the motorcyclist was less than 50% at fault to recover money for the motorcyclist.