A driver impaired by alcohol or drugs often drives recklessly and fails to react in time to avoid a collision. This significantly increases the severity of the motorcycle accident and the likelihood of a fatal outcome. In addition to recovering compensation in a wrongful death claim, these cases may also support a claim for punitive damages, and criminal charges against the driver may run alongside the civil case. Evidence such as blood alcohol test results and police reports play a central role in establishing the driver’s impairment at the time of the crash.

A driver who is texting, browsing a phone or not watching the road due to engaging in other distracting behavior may not notice a motorcycle until a fatal collision is unavoidable. Cell phone records and any available dashcam or traffic camera footage often provide critical evidence in establishing that distracted driving caused the fatal motorcycle accident.

Motorcycle accidents at highway speeds carry a much higher risk of a fatality than lower-speed collisions, since the force involved often causes catastrophic injuries a rider can’t survive. These cases frequently require accident reconstruction experts to establish exactly how the crash occurred and who was at fault.

When a driver flees the scene after causing a fatal motorcycle accident, identifying that driver becomes the first step in pursuing a wrongful death claim. If the driver is never identified, your family may still have options for recovering compensation through insurance coverage, and Mr. Pushchak can help you navigate this complex process.

When a commercial truck causes a fatal motorcycle accident, the driver’s employer may also be held liable for the crash, particularly if the driver was on the job at the time. These cases often involve additional evidence, such as the company’s driver logs and vehicle maintenance records. In addition, the presence of multiple liable parties creates an extra layer of complexity to the case.

Mr. Pushchak will meet with you to discuss the circumstances of the accident, the ways in which your family has been impacted and your goals for the case. He understands that you’re going through a difficult time and likely have a lot of questions that need to be answered. Mr. Pushchak will explain your legal rights and options in detail so that you understand how the wrongful death claim process works.

Mr. Pushchak will gather the police report, coroner’s report, witness statements and any available traffic camera or dashcam footage to establish the cause of the accident and who was at fault. In cases involving disputed liability, he may work with accident reconstruction experts to determine the exact sequence of events leading up to the crash.

Calculating damages in a wrongful death case is more complicated than in other motorcycle accident lawsuits. In addition to the medical bills and funeral costs which can easily be documented, it’s also important to estimate damages associated with your loved one’s lost income that would have been earned over the rest of their life. Mr. Pushchak works with financial experts who can accurately assess the full value of your loved one’s lost income and future earning potential, along with the other financial losses your family has suffered.

In addition, Mr. Pushchak will make sure non-economic damages for lost companionship and emotional distress are included in your claim. This approach ensures the compensation you pursue reflects the true impact of your loss.

Insurance companies handling wrongful death claims often try to minimize what they pay by disputing fault or undervaluing your family’s financial losses. Mr. Pushchak will combat these tactics using the evidence gathered during the investigation, positioning your claim to reflect the full extent of the damages your family has suffered. He has extensive experience negotiating with insurance companies and will fight aggressively to make sure you receive a fair settlement offer.

While most wrongful death claims resolve through settlement, there are times when the insurance company’s best offer fails to adequately compensate your family for your loss. In these instances, it may be in your best interests to pursue your compensation in court. Mr. Pushchak prepares every case as if it will go to trial. If a fair settlement can’t be reached, he has the litigation experience to give your family the greatest chances of a successful outcome.

You won’t pay anything out of pocket to have Mr. Pushchak represent your family. His fee comes directly out of whatever he recovers on your behalf, and you owe nothing if he doesn’t win your case.

Motorcycles offer little protection in a crash, so even accidents that a car occupant would walk away from can be fatal for a rider. In addition to the causes already discussed above, several other factors commonly contribute to fatal motorcycle accidents in Denver and throughout Colorado:

• Failure to Check Blind Spots Before Changing Lanes – A driver who merges into a motorcycle’s lane without seeing it gives the rider little to no time to react before impact.
• Following a Motorcycle Too Closely to Stop in Time – Tailgating eliminates the stopping distance a driver needs to avoid a rear-end collision, which is often fatal for the rider even at moderate speeds.
• Unsafe Passing or Overtaking Maneuvers – A driver who passes without enough clearance can force a rider off the road or directly into oncoming traffic.
• Failure to Yield at Intersections – A driver who pulls out in front of a motorcycle creates a broadside or T-bone collision, one of the deadliest crash types due to the lack of protection provided by a motorcycle.
• Speeding in Poor Weather or Low-Visibility Conditions – Reduced traction and visibility extend the distance needed to stop or react, giving both the driver and rider less time to avoid a fatal impact.

In most fatal motorcycle accidents, the driver whose negligent actions caused the collision is the liable party. However, depending on the circumstances of the crash, additional parties may also share responsibility for your loved one’s death:

• The negligent driver is the primary liable party in most fatal motorcycle accident cases
• An employer may be liable if the driver was operating a company vehicle or performing work duties at the time of the crash
• A vehicle or motorcycle manufacturer may bear responsibility if a mechanical defect contributed to the accident
• A government entity may be liable if a road defect, malfunctioning traffic signal or poorly designed roadway created conditions which led to the accident

Colorado law provides you with protections that allow your family to recover compensation for a wide range of damages from the driver responsible for your loved one’s death.

Economic Damages

Economic damages cover the direct financial impact your loved one’s death has had on your family. Depending on the specifics of your case, your economic damages may include:

• Funeral and burial expenses
• Medical bills associated with the accident
• Your loved one’s lost future income and benefits, based on their age, occupation and expected working years
• The value of household services or financial support your loved one would have provided
• Loss of any inheritance your family would have reasonably expected to receive

Non-Economic Damages

Non-economic damages compensate your family for losses that don’t come with a specific dollar figure attached. While they are more subjective and often challenging to calculate, they can represent a substantial portion of your total recovery. Non-economic damages in a fatal motorcycle accident case may include:

• Grief and emotional distress
• Loss of your loved one’s affection, love, companionship and guidance
• Loss of the care, comfort and support your loved one provided

In Colorado, your family has two years from the date of your loved one’s death to file a wrongful death claim. If you don’t file your case before the deadline, you will no longer be able to pursue compensation.
Contacting Mr. Pushchak right away not only ensures you’ll file your case by the deadline, but it also lets him build the strongest possible case on your behalf. Police reports, witness statements and any available traffic camera footage become harder to obtain the longer you wait, and witnesses’ memories of the accident fade over time. The sooner Mr. Pushchak can begin investigating the fatal motorcycle accident, the stronger the case he can build on your family’s behalf.

Colorado law establishes a priority order for individuals who have the right to file a wrongful death lawsuit. This order is based on the relationship of each individual to the deceased:

• A surviving spouse has the first right to bring the claim
• If there’s no surviving spouse, the deceased’s children may file on the family’s behalf
• If there are no surviving spouse or children, the parents of the deceased or another designated beneficiary may file a claim

Colorado law gives a surviving spouse the first right to file a wrongful death claim. If there’s no surviving spouse, the deceased’s children may file on the family’s behalf. If there’s no surviving spouse or children, the deceased’s parents or another designated beneficiary may have the right to file.

Colorado’s comparative negligence laws allow you to recover compensation as long as your loved one was less than 50% responsible for the accident. Insurance companies handling wrongful death claims often try to argue partial fault to reduce what they pay, so having an attorney who can refute these arguments is important to securing full compensation.

Your family can recover both economic damages, such as medical bills, funeral expenses and your loved one’s lost future income, and non-economic damages, such as loss of companionship and emotional suffering. The exact value of your claim depends on your loved one’s age, occupation and the specific circumstances of the motorcycle accident.

Contact the police if you haven’t already, and request a copy of the police report once it’s available. Avoid discussing fault with the other driver’s insurance company before speaking with an attorney, since anything you say could be used to dispute your family’s claim. Contact Pushchak Law as soon as possible, so Mr. Pushchak can begin preserving evidence on your family’s behalf.

The timeline of your claim depends on the complexity of establishing fault, the extent of your family’s financial losses, and whether your case settles or proceeds to trial. Mr. Pushchak will give you a realistic assessment of your timeline during your free consultation.