How Do I Sue For My Injuries in a Motorcycle Accident in Colorado?

Jun 8, 2020

What Colorado Springs Bikers Need to Know About Protecting Their Rights After a Motorcycle Accident

A pleasant ride on almost any road in Colorado with the sun on your face, the wind in your hair, and your bike purring beneath you can come to a sudden and violent end in a motorcycle accident with injuries.

When another driver doesn’t share the road, fails to account for your presence, or otherwise drives recklessly, vulnerable and exposed bikers can suffer catastrophic and life-changing injuries.

Right after a motorcycle crash, you’ll likely be shocked and disoriented. During this time, you’ll try to piece together what exactly happened. But you also have to figure out what to do next. This not only includes getting immediate medical attention – your top priority – but also taking the steps necessary to protect your ability to obtain compensation for your injuries and losses.

However, you may not know what you need to do in this regard because you don’t know what’s involved in a motorcycle accident injury lawsuit. Understanding how to sue for your injuries in a Colorado motorcycle accident can help you navigate the day and months after your crash in a way that gives you the best chance of getting the compensation you deserve.

What is a Motorcycle Accident Lawsuit?

Personal injury lawsuits, including motorcycle accident suits, are cases in which an injury victim sues one or more people or companies to recover money for injuries, financial losses, and other damages that they caused.

While the named defendant in a motorcycle accident lawsuit is the negligent party, it’s often the defendant’s insurance company that defends the claim, negotiates with the injured party’s attorney, and pays out any settlement or judgment.

Not all motorcycle accident injury claims lead to a lawsuit. Sometimes, an injury victim and their attorney can settle the matter directly with the insurance company without needing to file a lawsuit.

First Steps

Bikers are some of the safest people on the roads of Colorado. Consequently, most bikers, like most drivers, have a basic understanding of what they should do right after an accident. This includes:

Getting yourself and your bike off the road, if possible.
Obtaining medical attention for yourself and others.
Gathering driver contact and insurance information.
Taking photos of the crash scene, your bike, and other vehicles involved.
Identifying and getting contact information for any witnesses of the motorcycle accident.
Notifying your motorcycle insurance company about the accident.

All of these steps are crucial if you want to preserve your right to sue for your motorcycle accident injuries.

By getting immediate medical care, you not only protect your health and well-being, but you also get the medical records that document the nature, extent and cause of your injuries. These records and your treatment will be critical evidence to support your claim for damages.

Similarly, gathering as much information as possible at the scene of the motorcycle accident can help preserve vital pieces of the puzzle that your attorney can use to build your case and strengthen your hand in negotiations with the insurance company or at trial.

Hire an Experienced Motorcycle Accident Lawyer ASAP

Lawyers and lawsuits may not be the first things on your mind right after a motorcycle accident. But if you want to get the financial help you need to recover from your injuries, pay your expenses and bills, and make up for lost earnings, you should contact and retain an experienced motorcycle accident injury lawyer as soon as you can.

Strict time limits apply to motorcycle accident lawsuits. If you wait too long after your crash to file an injury lawsuit, you may lose any right to seek compensation for your losses. Also, by quickly hiring an experienced Colorado Springs motorcycle accident injury lawyer, you can keep the insurance company on the other side from getting a head start on their defense.

But time is not the only thing that puts your recovery of damages at risk. You can also lose your right to sue for the compensation you deserve if you negotiate and enter into an agreement with the other party’s insurance company without a lawyer.

After a motorcycle accident, the insurance company that represents the other driver doesn’t have the goal in mind to help you. They are not “on your side,” and you are not in “good hands” with them. Insurance companies are in business to make money. The more they pay in claims, the more they have to pay lawyers to defend their insureds, the less they make in profits. As such, the insurer will make every effort to quickly pay as little as they can get away with for your claim.

The insurance company knows that you have medical and other bills to pay and that you may be out of work as well. Insurers will tempt and pressure you to accept an amount far less than what you deserve or could obtain if you had an experienced motorcycle accident lawyer on your side who won’t be fooled or intimidated by their tactics.

In fact, a study by the Insurance Research Council (IRC) found that settlements for auto accident injury victims who had retained an attorney were 40 percent higher than the settlements agreed to by the victims themselves. So, never negotiate or enter into an agreement with an insurance company without a lawyer.

Filing a Motorcycle Accident Lawsuit

If the insurance company doesn’t make a reasonable settlement offer, your lawyer may proceed to file your motorcycle accident lawsuit. The suit itself begins with the preparation and filing of a complaint with the court clerk’s office. The defendant or their insurer will then file an answer or challenge the complaint, and the case will move forward from there.

Over 90% of personal injury lawsuits, including motorcycle cases, end with a settlement rather than trial. Parties often settle after they have a complete picture of the evidence that each side will present at trial, but the parties can engage in settlement discussions at any time. If the parties don’t settle and a judge in Colorado has not otherwise resolved the case, the case will go to trial.

After a settlement or damage award at trial, the defendant or their insurance company will issue a check to your lawyer in the designated amount (if the defendant doesn’t appeal the award).

Then, after paying for all costs incurred in the case as well as any outstanding amounts due to treating physicians and other medical providers, your motorcycle accident attorney receives the percentage of proceeds outlined in your retainer agreement, and will then issue a check to you for the net amount remaining.

Call King & Beaty Today For Your Free Colorado Springs Motorcycle Accident Lawsuit Consultation

To discuss your motorcycle accident and injuries and begin the process of getting the compensation you need and deserve, please call King & Beaty today at (719) 505-9999 to arrange for your free consultation with an experienced motorcycle injury lawyer.