When a bike is concerned in an accident with a automotive, the crash could cause huge bodily, monetary, and emotional injury to the rider.
Motorbike accidents typically lead to extreme accidents as a result of the rider lacks safety in comparison with different automobiles. Frequent accidents embrace traumatic mind accidents, spinal twine accidents, fractures, and street rash. These accidents typically result in vital medical bills, misplaced wages, and long-term rehabilitation wants.
“Motorcyclists have the identical rights as every other street consumer,” says Stephen Burg, Private Harm Observe Chief at Burg Simpson. As a Private Harm lawyer at Burg Simpson, he has seen an increase within the variety of motorbike accidents over the previous few years.
“There are distinctive challenges motorcyclists face when looking for compensation after an accident. Insurance coverage corporations typically try to put the blame on the motorcyclist, citing pace, recklessness, or the inherent risks of driving a bike. That is the place skilled authorized illustration turns into very important and why consciousness and advocacy for motorcyclists’ rights has by no means been extra vital.”
If the unthinkable occurs and you end up in a bike crash, there are steps you may take to instantly shield your self and navigate the insurance coverage course of. The motorbike accident legal professionals at Burg Simpson Legislation Agency supply free case evaluations to assist riders shortly discover a manner ahead and search justice.
What Type of Accidents Influence Motorcyclists?
A bike crash typically happens after a automotive makes a left flip in entrance of the motorbike, creating a big collision. In reality, 35% of motorbike accident deaths occur at an intersection. Nonetheless, hit-and-run motorbike accidents are additionally widespread since there aren’t some ways to trace down a driver in the event that they depart the motorcyclist on the scene.
Colorado claims the nation’s second-highest fee of motorbike deaths, with 134 motorcyclists killed in Colorado final 12 months.
How Do Insurance coverage Firms Blame Motorcyclists?
Even when a automotive driver is at fault for an accident, insurance coverage corporations might attempt to blame the motorcyclist. Insurance coverage corporations typically undertake societal biases, assuming motorcyclists pace, drive carelessly and make dangerous choices. They could additionally aspect with the automotive driver, claiming they couldn’t see the motorbike as a result of pace or measurement.
Motorcyclists face challenges in proving their case. Not like automobiles, many bikes lack refined occasion information recorders (black packing containers) to doc crash information. Accidents can happen in distant areas with out witnesses, and reconstructing a bike accident could be troublesome and expensive.
The bodily impacts of an accident additionally place motorcyclists at a drawback. 76% of motorbike accidents contain a head-on collision. Motorcyclists, nevertheless, are 28 instances extra prone to die in an accident than automotive passengers and drivers. If a rider sustains sufficient accidents that they’re bodily or mentally unable to recount their model of occasions, then the police and the insurance coverage firm might solely get one aspect of the story.
Nonetheless, with rapid motion, motorcyclists can prevail of their struggle for honest compensation. Just lately, Burg Simpson dealt with a case the place a motorcyclist was severely injured and misplaced roughly $3,200 in wages after being hit by a automotive that turned left in entrance of him. Due to the motorbike accident legal professionals at Burg Simpson, the rider obtained a big verdict and had a calculated judgment of $1,668,365.80 in damages after the protection tried to supply him simply $265,000.
What Ought to I Do After a Motorbike Accident?
After a crash, motorbike riders ought to act shortly and learn. Listed here are key steps to take instantly after a bike accident:
- Get medical care, contact legislation enforcement, and take pictures for proof.
Medical information, police stories, and photograph/video documentation set up case info. - Seek the advice of a trial legal professional earlier than signing something from the insurance coverage corporations concerned or the opposite occasion.
A bike accident lawyer can struggle on your compensation and clarify Colorado legislation. - File an insurance coverage declare promptly.
Ensure that all insurance coverage claims are correctly arrange. - Maintain detailed information of all the things associated to your accident.
Doc conversations, out-of-pocket bills, and every other related info.
Insurance coverage might cowl:
- Financial damages: Misplaced wages, medical bills, and out-of-pocket bills.
- Non-economic damages: Ache, struggling, inconvenience, emotional misery, and impairment to high quality of life.
- Bodily Impairment and Disfigurement: Any bodily damage that impairs the physique from performing at 100% of the way it functioned earlier than the accident. Any scarring or deformities in look.
How Can I Shield Myself and My Motorbike?
There are methods motorcyclists can safeguard themselves on the street. To guard your self in a crash and through a battle with insurance coverage, comply with the following pointers:
Put on a Helmet
- Helmet safety could be the distinction between life and loss of life. Of these 134 Colorado motorcyclists killed in 2023, half weren’t carrying helmets. Whereas it’s Colorado legislation that riders 18 and below should put on a helmet, it’s inspired that these 18 and up accomplish that as nicely. Insurance coverage corporations can also attempt to maintain it towards you if you don’t use protecting gear, even when that wasn’t the reason for the accident.
Get an Endorsement
Get Protection
Uninsured and underinsured motorist insurance coverage will shield you if an uninsured or underinsured driver hits you, however solely if you are going to buy protection that explicitly contains bikes (not simply four-wheel automobiles). By legislation, Colorado riders should additionally carry legal responsibility insurance coverage with a minimal of $25,000 per individual, $50,000 per accident, and $15,000 for property injury.
Bear in mind Your Rights
Whether or not you’re gathering info by yourself or consulting with a bike accident lawyer, it’s vital to concentrate on the brand new laws:
- Beginning August 7, 2024, motorcyclists shall be allowed to experience between stopped automobiles in broad lanes below protected circumstances at speeds of 15 mph or much less.
- For civil actions filed after January 1, 2025, motorcyclists can declare elevated non-economic damages of as much as $1.5 million, and in some circumstances, as much as $3 million.
- Experience between stopped automobiles in broad lanes and protected circumstances at 15 mph or much less, efficient Aug. 7, 2024
- The pool of relations eligible to file wrongful loss of life fits has expanded to incorporate siblings if a motorcyclist dies in an accident.
How Can I Discover a Motorbike Accident Lawyer Close to Me?
With the precise authorized assist, you don’t need to settle shortly with insurance coverage after a bike accident. Name Burg Simpson for a free and confidential session. Their motorbike accident legal professionals have spent many years dealing with motorbike damage and loss of life circumstances and are dedicated to advocating for the rights of injured motorcyclists and their households whereas elevating consciousness in regards to the distinctive challenges motorcyclists face on the street.
The information and editorial staffs of The Denver Submit had no position on this put up’s preparation.
