We get it. Colorado is a state built for motorcycle enthusiasts. With our blue skies and ample sun, who would not want to be out with the freedom that riding brings?
But, there are a lot of added dangers when riding. Mostly, the fact you do have as much protection in an accident. And the sun? Well, it can create dangerous situations for all drivers, leading to catastrophic motorcycle injuries.
Motorcycle Accident Injury Facts
- In 2016 alone, more than 103 motorcyclists lost their lives on the road here in Colorado.
- Forty-two percent of fatal motorcycle accidents involve vehicle making a left-hand turn while the motorcyclists are attempting to pass or proceed straight
- More than half of motorcycle accidents include additional vehicles
- When other cars and vehicles are involved in fatal motorcycle accidents, speeding or operating the motorcycle while intoxicated are cited as the primary cause of the accident
- Injuries to the head are the number one cause of motorcycle accident death
- Wearing a helmet can reduce the risk of a fatal head injury by more than 36 percent
- It is 37 percent risker to travel via motorcycle than it by car
- You are 35 times more likely to get into a fatal accident as a motorcyclist
- Despite only 3 percent of all registered vehicles, motorcycle accidents account for 11 percent of all accidents
- Speeding is cited as a factor in 35 percent of motorcycle accidents
- The most common injuries for motorcycles are: leg and foot, head and neck, and upper torso
- The highest rate of injury and death are for riders between the ages of 20 and 24 years old.
- Sixty-one percent of motorcyclists’ deaths in 2018 occurred between May and September. The peak in fatalities was in June.
- Forty-eight percent of motorcycle accident deaths occurred on weekends in 2018. Those deaths we more likely to occur after 6 p.m.
- Most motorcycle accident fatalities occur on major roads other than interstates and freeways. Deaths are more likely in urban than in rural areas.
- Forty-six percent of those killed in motorcycle accidents (during peak times of 9 p.m. to 6 a.m.) had blood alcohol levels at 0.08 percent or higher.
Helpful Motorcycle Accident Resources
Here at Pushchak Law, we have written a great deal about motorcycle accidents and your choices if you are injured in an accident. While each case is different, our goal is always to help educate you so you can make an informed decision. Below are some helpful resources to better understand motorcycle accidents and personal injury law.
Dangers of Road Rash
Dangerous Symptoms After a Motorcycle Accident
How Insurance Companies Handle Motorcycle Accidents
Insurance Advice for Motorcycle Drivers
Motorcycle Lane Splitting in Colorado
Not Wearing a Helmet – Do I Have a Case?
Uncommon Motorcycle Laws
Colorado Motorcycle Safety Tips
Motorcycle Accident Injury Settlements
Who is Liable in a Motorcycle Injury Case
We address this a lot in our free consultations. Essentially, you have the right to compensation if your motorcycle injury was due to the negligence of another party. For example, if a driver making a left-hand turn fails to notice that your riding through straight through the intersection and turns into your path. In law-speak, it is if another party fails to exercise the level of care that a reasonable person would normally do under similar circumstances. In some cases, the liable party could be the driver at fault or even the motorcycle manufacturer if the design was defective and led to your injuries.
Damages You Can Recover
It really comes down to insurance. If you are a motorcycle accident victim, you can seek compensation from the at-fault driver and his or her insurance company. These are called compensatory damages to cover your economic and non-economic losses. This compensation can cover a variety of expenses that you may incur, including:
- Loss of income if you are unable to work
- Medical expenses – past and future that are the result of the accident. This can include surgeries, medication, physical therapy, etc.
- Future income due to injury
- Pain and suffering including chronic pain, mental anguish or other forms of emotional trauma
- Loss of quality of life due a permanent disability resulting from the accident
- Property damage to your motorcycle
Again, we stress that each and every case is different, and so are the damages you may recover. Our goal is to enable you to get back to life as smoothly as possible.
Colorado Motorcycle Laws
The absolute authority on Colorado motorcycle laws is the Colorado Department of Transportation. But here are some quick pointers:
- Riders over the age of 18 are NOT required to wear a helmet
- On the other hand, riders under 18 must wear DOT-approved helmets
- Some form of eye protection is required
- Passing or overtaking a vehicle in the same lane is illegal – no lane splitting!
- Riders can share a lane with another motorcycle
- You cannot attach your motorcycle to another vehicle. For example, no towing or grabbing another car like Marty McFly on his skateboard.
- Must have footrests for passengers and your passenger must use them
- Passenger must ride on a seat behind the driver or in a sidecar
We must stress, again, that while it not required for adults to wear a helmet, you really should do so. There are plenty of studies that show that the number of deaths is significantly lower if wearing a helmet. In some studies, the death rate is cut in half! In fact, one study from the University of Michigan found that the fatality of those not wearing a helmet was 5.4%, while those that were wearing a helmet was 2.8%.
Motorcycle Injury Law
Motorcycle injuries are involved, as are the nuances of getting a fair settlement. We know that insurance companies tend to play more games when it comes to these sorts of cases. That is why you need a team devoted to ensuring you are getting what is fair. We understand the damages and injuries. We understand the law.
You are hurt, and bills may be piling up. You may not be able to work. That is why it is important to take action so you can get what you need to cover you and your family’s needs. You are not a bad person for seeking damages. It more about getting what you rightfully deserve from insurance. After all, you pay for coverage just for these very things – as does the at-fault party who may have caused your injuries.
Let us take care of it for you with peace of mind. Remember, we work on contingency. That means we do not take any fees until you win your case. There are no hourly fees or retainers. Just a simple percentage of the final settlement.
Motorcycle Accident Case Results
Pushchak Law Firm represented a rider who was travelling through an intersection when a vehicle stopped at the adjacent red light was rear ended at a high rate of speed and pushed into the rider’s lane, causing catastrophic injuries. The case was settled for all available insurance carried by the defendant and our client.
Pushchak Law Firm represented a rider whose leg was seriously fractured, requiring emergency surgery following the collision. Our client had the right of way when a truck pulled out of an apartment complex and launched our client 50 feet from the point of impact. Pushchak Law Firm was able to resolve this matter, without filing a lawsuit, for all available insurance carried by the defendant and our client.
Pushchak Law Firm represented a rider who was stopped at a red light and rear ended by a landscaping vehicle with a trailer. The defendant was texting at the time of the collision and was criminally prosecuted in addition to paying a confidential settlement to our client.
Pushchak Law Firm represented a rider in Colorado Springs who impacted the rear end of the defendant’s vehicle, which turned into his lane when leaving an apartment complex. Our client was launched over the defendant’s vehicle, causing multiple fractures to his arm which required surgery. Pushchak Law Firm was able to resolve this matter without filing a lawsuit for all available insurance carried by the defendant and our client.
Pushchak Law Firm represented a rider who was t-boned by a 17-year-old driver who was texting while driving her parents’ vehicle. Our client suffered serious facial fractures, lacerations, road rash, and a fractured arm. Pushchak Law Firm was able to resolve this matter for all available insurance carried by the minor, her parents, and our client’s insurance.
Pushchak Law Firm represented a rider who was catastrophically injured when an oncoming vehicle entered his lane, forcing him to take evasive maneuvers and lay his bike down. The vehicle did not stop and left our client injured on the side of the road. Our client fractured his legs, pelvis, hip, and endured multiple surgical procedures. Pushchak Law Firm pursued an uninsured motorist claim on his behalf and resolved the matter for all available insurance.
Pushchak Law Firm represented a rider who was attacked by two dogs and ripped off his bike in a residential neighborhood. When he hit the ground, the dogs continued to attack him. Pushchak Law Firm pursued the dog owners, the homeowner who negligently failed to maintain the fence permitting the dogs to escape, and our client’s own insurance policy. Pushchak Law Firm was able to resolve this matter against all defendants during a confidential settlement conference.