Aurora Motorcycle Accident Attorney

Colorado is a dream destination for motorcyclists, with scenic routes and iconic landmarks. Unfortunately, the same two-wheeled, unenclosed design that makes a motorcycle ride so satisfying also leaves riders vulnerable to serious or catastrophic injuries in a crash. Insurance companies often add to the distress due to their bias against motorcyclists.

If you or your close family member suffered serious injuries in a motorcycle accident, the personal injury attorneys in Aurora at Daniels & Scriven, P.C. are the right way forward for skilled representation. Call our Aurora law office today so we can take prompt action to protect your rights.

Why Daniels & Scriven, P.C. are the Right Motorcycle Accident Lawyers for You

Insurance companies often dispute motorcycle claims or assign undue fault to motorcyclists, but most motorcycle accidents result from negligent car drivers. The Colorado motorcycle accident lawyers at Daniels & Scriven Injury and Accident Lawyers achieve results with the following advantages in your compensation claim:

• A free initial consultation and contingency-based payment so you pay nothing until we recover your settlement or win your case in court
• Years of client advocacy with a notable reputation for success by founding attorneys and native Colorado residents, Nicole C. Daniels and Brad Scriven
• A legal team with deep compassion and dedication to advocating for injury victims against large insurance companies who protect profits at the victim’s expense
• A results-oriented attorney on your case to develop an individually tailored strategy

Your motorcycle accident in Aurora isn’t like anyone else’s and deserves personalized attention, not a cookie-cutter approach and fast settlement. You deserve so much more. Our personal injury firm has secured millions of dollars in recovered compensation for Aurora injury victims.

Why Motorcyclists Face Greater Dangers on the Road

According to the National Highway Traffic Safety Administration (NHTSA), 6,335 motorcyclists were killed in fatal traffic crashes in 2023, representing 15% of all traffic fatalities while representing a much smaller number of the registered vehicles in the country. This was the highest reported number of motorcyclists killed since at least 1975. Based on vehicle miles traveled, motorcyclists were approximately 28 times more likely to die and five times more likely to be injured in a traffic accident, compared to those in passenger vehicles.

There are several reasons for this vast disparity in the outcomes for injured motorcyclists and other motorists. Motorcyclists are more exposed than occupants in an enclosed vehicle. Occupants in passenger vehicles have much more protection due to the steel frame and cushioning provided by their vehicle. Additionally, they have safety features designed to protect them, including seatbelts and airbags. When a motorcyclist crashes, there is little to protect them besides the clothes and helmet they are wearing. They have direct contact with the roadway, which often causes severe road rash, burns, and abrasions. When a collision between a motorcycle and a larger motor vehicle occurs, the impact of the crash could crush or severe limbs, break the rider’s spinal cord, or eject the rider from the bike.

Additionally, riding a motorcycle requires coordination and balance. Simple road hazards that wouldn’t even register for other motorists, such as potholes, debris on the roadway, or loose gravel, can be deadly for motorcyclists. Motorcyclists are more likely to be thrown from their bikes, posing additional safety risks, including a greater likelihood of traumatic brain injuries.

Many motorcycle accidents occur when a driver does not notice or does not care that a motorcyclist is in their pathway and turns in front of them. Because of the two-wheeled nature and lack of stability of sudden braking on a motorcycle, these driver errors can lead to devastating crashes that injure motorists who were following all relevant traffic laws.

Typical Injuries Caused in Motorcycle Accidents

In 2022 alone, 136 motorcyclists were fatally injured in Colorado accidents. Motorcyclists make direct contact with the road and obstacles in an accident, resulting in serious trauma. Helmets prevent the risk of death but a rider is still vulnerable to grave injuries including the following:

• Traumatic brain injury
• Multiple fractures
• Neck injury
• Back injury
• Spinal cord injury
• Thoracic injury with internal organ damage
• Traumatic amputation
• Severe abrasions (road rash)
• Shoulder injury
• Knee injury

It takes decades of experience and a well-executed strategy to achieve the maximum compensation available for damages stemming from grave injuries in a motor accident.

Colorado Motorcycle Accident Laws

Colorado has many laws applying to motorcyclists and personal injury victims that can affect your legal rights and your recovery, including:

Accident Reporting

Colorado law requires that motorists involved in accidents involving property damage, injuries, or death report them to law enforcement. If a law enforcement officer responded to the crash scene, you do not have to do anything else to report the accident. Otherwise, you can report the accident online with the Colorado Department of Revenue.

At-Fault State for Motor Vehicle Accidents

Colorado is an at-fault state for motor vehicle accidents, so the driver found at fault for the crash is responsible for paying for the resulting damages. The injured victim generally seeks compensation for their losses by filing an insurance claim with the at-fault driver’s liability insurance policy. However, insurance companies often try to blame the victim or use outdated stereotypes against motorcyclists to prevent them from receiving fair compensation following a crash caused by their insured. An experienced Aurora motorcycle accident lawyer can

Minimum Insurance Requirements

All motorists in Colorado are required to maintain liability insurance to pay for the damages they cause to others in traffic accidents. The minimum amount of insurance they must carry includes:

• $25,000 for bodily injury or death to one person
• $50,000 for bodily injury or death to more than one person
• $15,000 for property damage

Helmet Law

Colorado law does not require motorcyclists ages 18 and older to wear a helmet. Younger riders are required to wear a Department of Transportation (DOT) approved helmet. Eye protection like goggles or a shield is mandatory, and helmets are highly recommended.

Lane Splitting and Filtering Law

Lane splitting is the act of riding between moving traffic. It is illegal in Colorado. However, lane filtering is legal in the state as of August 2024. This practice involves passing in stopped traffic at 15 mph or less. This is legal in Colorado if it is done on the left in a wide enough lane to safely execute it. The motorcyclist can move to the front of a queue of traffic at red lights or congested traffic. While legal, motorcyclists must carefully execute this maneuver to avoid collisions.

Damages Caps

Colorado has a state limit on how much compensation accident victims can recover for non-economic damages, such as pain and suffering and mental anguish. Typically, the limit is $250,000, but, in some cases, the court allows the victim to recover up to $500,000 for these damages. Economic damages are not capped.

Modified Comparative Negligence Rule

Another law that can affect how much compensation you can recover is the Colorado modified comparative negligence rule. Under this rule, accident victims who are determined to have contributed to the accident that harmed them can recover compensation so long as they were not 50% or more at fault for the accident. However, their compensation is reduced by their degree of fault. So, if they are found to be 20% at fault for the accident, their compensation is reduced proportionately by 20%.

Statute of Limitations

The statute of limitations is the time limit you have to file a personal injury lawsuit. Under  Colorado Revised Statute § 13-80-101, you generally have three years to file a personal injury case in court. If you miss this deadline, you can be barred from recovering any compensation.

What Can I Get for My Motorcycle Accident Claim in Aurora?

No two compensation amounts are the same, just as no two accidents are the same. Depending on the nature of your injuries and the circumstances of your case, if a negligent driver or other at-fault party caused your motorcycle crash in Colorado, you could recover any or all of the following damages:

• Property damage to your motorcycle
• Reimbursement for medical expenses
• Future medical care costs until you reach maximum recovery
• Lost wages
• Future income loss or diminished future earning capacity
• Pain and suffering compensation
• Compensation for trauma, loss of enjoyment of life, disfigurement, or compensation for loss of limb or one of the senses

Let the experienced Colorado motorcycle accident lawyers investigate, document evidence, and present a compelling case for your full compensation.

Wrongful Death Claims After a Fatal Motorcycle Crash

Tragically, many motorcycle crashes are fatal. In such situations, grieving family members are left with little recourse besides filing a wrongful death claim. This type of legal claim seeks justice and financial compensation for a death that should not have occurred and that was caused by another party’s negligence, intentional actions, or misconduct.

Under Colorado’s wrongful death statute, in the first year following the death, only the surviving spouse has the right to file a wrongful death lawsuit unless they provide a written election  allowing the surviving children to file the case or join in filing the case or allowing the heirs of the deceased to file the case. If there is no surviving spouse the children can file the action, and if there are no surviving children or spouse, the victim’s parents can file a wrongful death case in the second year following the death.

By filing a wrongful death and/or survival claim, the family can seek accountability for the at-fault party for the losses they experienced due to the premature death, including:

• Costs for final medical expenses
• Funeral expenses and burial costs
• Loss of financial support, benefits, and inheritance
• Loss of services the decedent performed for the family
• Property damages and repairs
• Intangible losses, such as grief and loss of love, advice, counsel, companionship, and affection

An experienced Aurora wrongful death lawyer from our firm can carefully review your case and explain the damages you can seek.

Call Daniels & Scriven, PC Today for Your Motorcycle Accident Case in Aurora

At Daniels & Scriven, P.C. we understand the importance of achieving results in a motorcycle accident claim when the injuries impact your ability to earn a living and accomplish daily tasks. Contact our Aurora Law Office today so we can begin prompt action on your behalf.