Denver Motorcycle Accident Attorney

Motorcycle accidents are often the most devastating crashes, resulting in serious injuries or even wrongful death. Due to stereotypes and misconceptions, motorcyclists are sometimes perceived as reckless or irresponsible, regardless of their behavior or adherence to traffic laws. This bias can have serious consequences in the aftermath of a motorcycle crash, as insurance companies may be quick to deny coverage or offer low settlements based on these unfounded assumptions.

At Smith & Weidinger, we are dedicated to leveling the playing field for motorcyclists and fighting for maximum compensation on their behalf. If you have been injured in a motorcycle accident, our Denver motorcycle accident attorney will provide strong legal representation and help you hold the negligent motorist liable for maximum compensation. Contact us today for a free consultation.

Why Choose Smith & Weidinger, P.L.L.C. to Represent You?

Compassionate Support Throughout the Claims Process

We understand the physical, emotional, and financial toll that motorcycle accidents can take on victims and their families. That is why we provide compassionate support and guidance throughout the legal process to motorcycle accident victims.

Risk-free Legal Representation on a No-Win-No-Fee Basis

At Smith & Weidinger, we operate on a contingency fee basis, ensuring that our clients face no upfront costs and only pay us if we obtain financial compensation in motorcycle or car accidents cases. What sets us apart is our commitment to fairness. Our contingency fee is lower than the industry standard of 1/3rd, providing you with the strongest legal representation without adding unnecessary financial stress.

Networking Within the Insurance Industry

Our law firm has fostered valuable connections within various insurance companies. We can effectively stand up for our clients’ rights and negotiate with insurance adjusters on their behalf. We know who to contact, how to communicate effectively, and which strategies are most likely to yield positive results.

Aggressive Advocacy

Our Denver motorcycle accident lawyers are committed to fighting for your rights and holding negligent parties accountable for their actions. Our experienced motorcycle accident attorneys interface directly with claims adjusters to argue for priority evaluations, extra time in review, and better settlement offers, ensuring that you receive the compensation you are entitled to.

Proven Results

Our attorneys have successfully handled thousands of auto insurance claims and can maximize your compensation. We are committed to helping you obtain all information about your motorcycle injuries and recommended medical treatment to ensure your needs are met every step of the way.

Negligent Actions of Motorists in Denver that Cause Motorcycle Accidents

Motorcycle accidents in Denver can result from a variety of factors beyond the rider’s control. Some common causes include:

Negligent Drivers

One of the leading causes of motorcycle accidents is the negligence of other drivers. Drivers may fail to check their blind spots, follow too closely, or make sudden lane changes without signaling, putting motorcyclists at risk of collision. Our personal injury lawyer can prove that your life-threatening injuries and accident occurred because of the motor vehicle driver.

Distracted Driving

The prevalence of distracted driving, such as texting, talking on the phone, or adjusting navigation systems, poses a significant threat to motorcyclists. When drivers are not fully focused on the road, they are more likely to overlook motorcyclists and cause accidents. Our motorcycle accident attorney in Denver will find evidence to prove that distracted driving by the motorist led to your bike crash.

Failure to Yield

Motorists often fail to yield the right-of-way to motorcyclists, particularly at intersections and when making turns. This failure to yield can lead to dangerous collisions, especially if the motorcyclist is traveling at higher speeds. Our Denver motorcycle collision attorney will collect evidence such as eyewitness testimony, surveillance camera footage, and accident reconstruction reports to prove failure to yield caused your motorcycle accident.

Common Motorcycle Accident Injuries in Denver

Here are a few common motorcycle injuries where our Denver motorcycle accident lawyers represent injured victims:

Traumatic Brain Injuries (TBIs): Requires extensive medical treatment, rehabilitation, and ongoing care.
Spinal Cord Injuries: Can lead to paralysis or loss of mobility, necessitating costly medical interventions, assistive devices, and long-term care.
Fractures and Orthopedic Injuries: May require surgery, physical therapy, and prolonged rehabilitation.
Road Rash and Soft Tissue Injuries: Involves extensive wound care, skin grafts, and rehabilitation.
Internal Injuries: Organ damage, internal bleeding, or pneumothorax (collapsed lung) may require emergency medical treatment, surgery, and intensive care.
Amputations: Prosthetic devices, adaptive equipment, and specialized medical care can be expensive.

Colorado Motorcycle Laws for Safe Riding

Wear a DOT-approved helmet while motorcycle riding in Denver.
Motorcyclists must have a valid motorcycle endorsement on their driver’s license.
As of August 7, 2024, lane filtering is legal in the State of Colorado – however, lane splitting remains illegal.
Both daytime and nighttime use of headlights is mandatory for motorcycles.
Motorcyclists are required to use turn signals when changing lanes or making turns.
Motorcycles must have at least one rearview mirror in good working condition.
Passengers must ride on a permanent, regular seat designed for two people.
Riding on sidewalks or pedestrian paths is prohibited for motorcyclists.

Consult our Denver motorcycle accident attorney for a no-obligation consultation by calling 720-996-2600. Our attorneys can file your motorcycle accident lawsuit to obtain bodily injury coverage and recover compensation for future medical expenses.

How Comparative Negligence Can Affect Your Denver Motorcycle Accident Claim

Colorado follows a modified comparative negligence rule, where you can only recover damages if you are less than 50% at fault for the accident. If you are found to be 50% or more at fault, you may not be entitled to any compensation. Additionally, being found partially at fault can impact the compensation you receive based on your level of fault in the accident.

Proving the Defendant’s Liability

Our motorcycle accident lawyers Denver will assert that the accident was caused solely by the defendant’s negligent actions, such as speeding, running a red light, or failing to yield, and that the helmet status of the rider is irrelevant to liability determination.

We will distinguish between causation (what directly caused the accident) and contributory negligence (factors that may have exacerbated the injuries), emphasizing that the defendant remains primarily responsible for the accident itself. In Colorado, riders need to wear helmets only if they are 18 years or younger.

Countering Claims of Lane-Splitting

Colorado forbids lane splitting, which basically means riding between two lanes. Our lawyers will examine witness statements, police reports, and any available video footage to establish a clear picture of what happened during the motor vehicle accident. We will establish that lane-splitting was not a contributing factor to the motor vehicle accident.

As of August 7, 2024, lane filtering has been legalized in Colorado. This practice allows motorcyclists to maneuver past stationary vehicles within the same lane, but only when those vehicles and any surrounding traffic are at a complete halt. It’s expected to be frequently utilized at traffic signals or during heavy congestion, enabling riders to move to the front of the line and avoid being trapped between cars.

Our motorcycle accident attorney in Denver will assess the comparative negligence of all parties involved in the accident in the motorcycle injury case. Even if lane-splitting contributes to the motorcycle collision, we will argue that the actions of other motorists played a more significant role in causing the crash compared to the injured motorcyclist. We will show that the traumatic injuries, motorcycle deaths, or accidents happened because of the other driver’s negligence.

Our Denver Personal Injury Attorney Will Fight the Bias Against Motorcyclists

Insurance companies frequently employ tactics to shift blame onto motorcyclists, painting them as at-fault for accidents regardless of the circumstances. They may argue that you were speeding, weaving through traffic, or engaging in other risky behaviors, even when evidence suggests otherwise. This unfair treatment can leave motorcycle riders facing significant financial burdens because of medical bills, lost wages, and property damage expenses.

Moreover, insurance policies may contain exclusions or limitations that target bikers, making it even more challenging for them to obtain the coverage they need in personal injury cases. These discriminatory practices highlight the importance of having an experienced motorcycle accident attorney in Denver who can challenge insurance companies’ tactics. Our lawyers can ensure you don’t face inherent biases by:

Challenging stereotypes and biases through factual evidence and legal arguments.
Highlighting motorcyclists’ rights and responsibilities under Colorado law and how you adhered to them.
Utilizing expert testimony and accident reconstruction to illustrate the circumstances accurately.
Seeking fair treatment and equal consideration in legal proceedings.
Educating decision-makers about the realities of motorcycling and dispelling misconceptions.
Emphasizing the legal principle of negligence regardless of the mode of transportation.

Statute of Limitations for Motorcycle Accident Claims in Colorado

The statute of limitations for motorcycle accident claims in Colorado is typically two years from the date of the accident. You need to adhere to this timeframe as failing to file a personal injury claim within the statute of limitations may result in the loss of your right to obtain compensation for damages incurred in the accident. This makes it important to obtain early legal representation.

When you retain our services as your Denver motorcycle collision attorney we will promptly get started on:

Preserving vital evidence, such as witness statements, medical records, and accident scene documentation that may otherwise become lost or deteriorate over time.
Filing necessary paperwork with the insurance company and building a strong claim to maximize your financial compensation.
Negotiating with the insurance company and helping you obtain fair compensation so you don’t need to take the claim to trial.
Ensuring you don’t fall prey to tactics employed by insurance adjusters. We will also provide legal guidance to help you avoid common pitfalls that may result in an insurance claim denial.
Connecting you with the right medical provider to make sure you get the treatment you need while we help you get the compensation you are entitled to.

Strategies to Maximize Financial Compensation During Negotiations

Proactive Investigation

Our legal team performs comprehensive investigation as soon as personal injury clients reach out to us after a serious accident. This is to obtain necessary evidence before it can be destroyed, lost, or tampered with. This approach allows most personal injury lawsuits to reach a favorable outcome during the negotiation phase.

Utilizing Experts

We engage expert witnesses, such as medical professionals, accident reconstructionists, and economists, to provide expert opinions and testimony that support the victim’s claims and bolster their case for maximum compensation.

Harnessing Technological Tools

Our Denver motorcycle accident lawyer will employ advanced technology such as accident reconstruction software, virtual reality simulations, and digital evidence presentation tools to enhance the effectiveness of our case. We can provide compelling visual representations of the accident scene, demonstrate liability, and illustrate the extent of your damages with these tools.

Exploring All Avenues for Compensation

We consider all available avenues for compensation, including insurance policies, third-party liability claims, and potential sources of additional coverage, to ensure that the victim receives maximum financial recovery for their damages.

Choose Our Leading Denver Motorcycle Attorney to Maximize Your Compensation

The experienced motorcycle accident lawyers at Smith & Weidinger will strongly pursue an injury claim on your behalf, collect compelling evidence to prove liability and negotiate aggressively with the at-fault driver’s insurance company to recover maximum damages. To request your free, no-obligations consultation, call (or text) us at 720-996-2600 or complete this online contact form.