Motorcycle accidents in Colorado are frequent, despite the reduced traffic flow due to the COVID-19 pandemic. In 2020, there were 20% more motorcycle crash victims who lost their lives compared to the previous year. The truth is that motorcyclists face more dangers than car drivers on the road. Their vehicle cannot protect them in case of a collision. Also, there is a widespread bias against motorcycle riders: some people believe they are reckless and enjoy taking risks, others that they should not share the road with cars. What is the average payout in a motorcycle accident? This is why you need an experienced personal injury lawyer at Firouzbakht Law Firm to help you negotiate your motorcycle accident settlement.
Any motorcycle accident attorney will tell you that there is nothing average about a motorcycle crash. Each case unique, starting from the circumstances of the crash and ending with the extent of the severe injuries the motorcycle accident victim suffered and the costs to repair property damages. However, most riders do not get fair compensation for teir motorcycle accident injuries. An insurance company representative will come up with a low-ball amount, which is nowhere sufficient to cover the hospital bills, other medical expenses, economic and non-economic losses.
You will be able to know how much your case is worth after experienced personal injury attorneys at Firouzbakht Law Firm evaluate your case and prepare your motorcycle accident claim. No reputable professional can tell you upfront how much financial compensation you will win. What we can explain in this article is the list of factors that influence the outcome of motorcycle injury settlement negotiations and what you can do to increase your chances of getting maximum compensation.
Common motorcycle accidents happen due to one of the following reasons:
We will also address another important issue in this section: wearing a helmet. Colorado laws do not require persons over 18 years old to wear a motorcycle helmet. However, the best way of protecting yourself while riding a motorbike is by wearing it. Helmets save lives. Also, when it comes to settlement negotiations or a personal injury lawsuit, the other party will use this aspect to assign to you a higher proportion of responsibility for the crash. The following section explains what this means and how it may impact your compensation payout.
The state of Colorado uses a fault-based system for personal injury cases. This means that the victim of an accident can recover their expenses for medical treatment and other damages from the fault driver. This leaves personal injuries victims two options:
The condition for having a valid claim against the other party, according to Colorado Statutes 13-21-111 is being less than 50% responsible for the collision. According to this comparative negligence principle, you are entitled to receive financial compensation in proportion to your degree of fault. Therefore a plaintiff who is 20% at fault for their accident may recover 80% of their actual damages.
In each of these scenarios, you should always hire an experienced attorney to negotiate your fair settlement or represent you in court before judge and jury.
In Colorado, motorcyclists are required by law to have injury liability coverage. The minimum amounts are:
The median motorcycle injury medical cost usually exceeds these amounts. This is due to the fact that motorcyclists usually suffer the most severe kinds of injuries, such as:
Recovering from this type of injuries requires long hospitalization, surgeries and various other specialized treatments and procedures. The financial losses will also extend to lost revenue and loss of earning capacity if the victim is left with debilitating permanent injury that prevents them from going back to work.
Let us start from the premise that you know from the very beginning:
Even with these data available to you (which most people do not have), you are still no match for an insurance adjuster. You are in pain and worrying about your recovery. And you are faced with a person who may be prejudiced against you as a motorcyclist. The insurance company representative will try to downplay your injuries, state that you are mostly at fault for the accident and that you are lucky for getting the offer they are making.
Even if you do not get to an agreement and sign a waiver in exchange for the settlement check, you may say things that the insurance company will use against you once you decide to file a personal injury trial.
An injury law firm will handle the situation very differently. They will assign an experienced motorcycle accident attorney to investigate your case and collect relevant evidence. This may involve:
With these pieces of evidence, the lawyer will be able to negotiate your motorcycle injury settlement with the insurance adjuster. If there is no chance of getting a fair amount for your personal injury and property damage claim, an experienced lawyer will recommend you to file a personal injury lawsuit.
Before the trial begins, the lawyer will be able to evaluate jury members, asking the judge to remove jurors who demonstrate a bias against motorcyclists. This initial step is very important in order to increase your chances of getting maximum monetary damages at the end of the trial.
A quick settlement will get you the insurance policy limits the responsible driver holds. When a skilled motorcycle accident lawyer starts building your case, they will calculate both financial damage and non-economic damages, so that the settlement obtained by negotiation or jury awards helps you cover your expenses, damages and losses as a result of the motorcycle crash.
Financial damages include:
Non-economic damages compensate you for:
In situations when the driver was acting with gross negligence or willful intent in causing your accident, jury verdicts may also include punitive damages.
At Firouzbakht Law Firm, we know that no amount of money for pain, losses and damages can really heal your suffering. But you have the right to be financially secure as you recover and not go into debt in order to pay your hospital bills and other life-saving medical procedures.
We are not backing down from the amounts we believe our clients deserve in personal injury claims. Insurance companies may be able to trick or intimidate you into agreeing to a quick settlement, but these tactics do not work with a seasoned motorcycle injury attorney.
Since Colorado has a statute of limitations of only two years after the date of the accident, we encourage you to contact us as soon as possible for a free consultation: 833-801-0171!