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Boulder Motorcycle Accident Attorney

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There were 134 motorcycle accident fatalities in 2023 in Colorado. Many riders also suffered injuries on the state’s roadways. Unfortunately, motorcycle riders are more difficult to see and have less protection from impact, so collisions they are involved in are often serious or even fatal. 

If you or someone you love was hurt in a motorcycle accident caused by a careless driver, our Boulder personal injury lawyers can represent you. We have helped clients recover millions during more than 40 years of representing injured victims and we’re ready to offer our compassionate, skilled representation to you throughout your case. 

Give us a call today at (720) 863-6006 to schedule a free consultation with a Boulder motorcycle accident lawyer to learn more.  

When Can You Make A Motorcycle Accident Claim In Boulder?

Motorcycle riders can make a claim against those who cause them harm if they can show another driver on the road was at least 51% responsible for the accident. That’s because Colorado follows something called a modified comparative fault rule under Colo. Rev Stat. § 13-21-111.

While some states allow motorcyclists to recover compensation after any accident another driver shares partial blame for, others like Colorado limit you to making a claim in situations where your own “negligence was not as great as the negligence of the person against whom recovery is sought.” 

You’re also limited to collecting compensation only in proportion to the percent of fault attributed to the other driver. If the motorist who caused your accident was 60% responsible for it, they’d pay 60% of your damages. 

When you make your motorcycle accident claim, you generally must also do so within three years to comply with the three year statute of limitations imposed in Colo. Rev. Stat. § 13-80-101 when injuries are caused by motor vehicles. 

How To Make A Boulder Motorcycle Accident Claim 

Motorcycle accidents often occur as a result of:

  • Driver inattention
  • Speeding
  • Unsafe lane changes
  • Cars making unsafe left turns because they didn’t carefully check their mirrors or they misjudged the speed of a motorcyclist

In order to make a claim and hold a driver accountable for the crash, you’ll need to “establish the existence of a legal duty, breach of the duty, causation, and damage,” as a case called Perreira v. State, 768 P.2d 1198 (1989) explains. 

This involves showing the other driver had a duty to drive safely, was unreasonably careless and behaved less responsibly than the hypothetical average driver, and caused you harm as a result. Witness statements, police reports and other evidence from the crash scene can help you prove your case.

Compensation for a Boulder Motorcycle Accident

You should be entitled to full compensation for losses resulting from a motorcycle accident. Often this compensation is substantial as motorcycle riders are more likely to sustain serious injury in a collision. 

The damages you should receive payment for include:

  • Actual financial losses resulting from medical bills, wage loss, and reduced capacity to work.
  • Non-economic damages defined in Colo. Rev. Stat. § 13-21-102.5 as “pain and suffering, inconvenience, emotional stress, and impairment of the quality of life.” These damages are capped by this statute in Colorado, with annual limits varying due to inflation.  

In rare cases, punitive damages may also be available, but are limited to three times actual damages by Colo. Rev. Stat. § 13-21-102

Getting Help from a Boulder Motorcycle Accident Attorney 

A Boulder vehicle accident lawyer at Daniels & Scriven, PC can help you if you have been hurt or someone you love was killed in a motorcycle accident. We’ll work with you to understand your rights, negotiate a fair settlement, or fight for fair compensation in court. Give us a call today at (720) 863-6006 to learn more.