Picture this: you’re riding your motorcycle down a magnificent Colorado road soaking in the fresh air on a typical Sunday evening. After a busy week, you look forward to enjoying a smooth ride on the weekend.You’re slowly approaching the vehicle in front of you. Since it’s hardly moving, you decided to pass. You are pretty confident that the driver has noticed your presence. However, as you began to approach from the left side, the car, all of a sudden, went off course. It turns out the driver wasn’t aware of your motorcycle approaching since they were busy checking their email and thought they had the road all to themselves.
For most, if not all, motorcyclists, one of the worst fears is to get struck by a hit-and-run driver. Today, motorcycle crashes and accidents are a common occurrence in the United States of America. According to reliable data, the death rate among motorcyclists rose by 8% from 2020 to 2021, and the number of fatalities has now reached 5,932.
Even if motorcycle accidents involve slight injuries, the repercussions can be excruciating. And since many victims don’t understand legalities properly, they often feel hesitant to file a lawsuit against the negligent party.
Who’s At Fault In A Motorcycle Accident?
Contingent upon the circumstances, different parties may be responsible for motorcycle accidents. For instance, if defective parts such as faulty tires or brakes caused the accident. In this case, a motorcycle manufacturer may be at fault.
However, if a vehicle driver hit you while you were practicing safe habits when riding your motorcycle, you can file a lawsuit against the reckless driver. And if you live in Denver, the capital of Colorado, where motorcycle fatalities have reached an all-time high, around 149 riders lost their lives in 2022; we advise you to seek legal assistance.
Look up motorcycle accident lawyer Denver and set up an initial consultation. An experienced attorney will hold the responsible party accountable for their actions, help reduce the mounting medical bills, and will work to achieve the rightful financial compensation.
What Are The Legal Basis For Pursuing A Motorcycle Accident Lawsuit?
If you’re a motorcycle accident victim, you have the legal right to file a lawsuit against the responsible party. Nevertheless, to win this lawsuit, you must prove that another motorist or non-driver was responsible for causing you harm during the accident. For instance, you must show that the vehicle driver was overspeeding, which led to this incident. Or you should prove that the driver failed to adhere to the rules of the road and drove the car while intoxicated.
Irrespective of the situation, you will only win the motorcycle accident claim if you establish that another person’s recklessness or negligence caused the crash.
What Damages Can You Recover From Filing A Lawsuit?
Ahead are some of the damages that you may recover from filing a motorcycle accident claim:
1. Medical Bills
More often than not, motorcycle crashes involve severe injuries that can leave behind distressing impacts. These injuries may require extensive healthcare services, prolonged stays in the hospital, and complex surgical treatments. However, you have the right to receive compensation for medical care. Not only this, but you also have the right to reimbursement for the projected care that you may need in the future.
2. Property Damage
Some, if not all, motorcycle accidents may cause damage to the property as well. Nonetheless, the good news is that you can receive compensation for replacing or repairing some parts of your property. For example, the helmet you were wearing while riding your motorcycle.
3. Punitive Damage
As the term implies, the purpose of punitive damages is to hold accountable and punish the defendant for their extreme misconduct. These damages, also known as exemplary damages, are usually dependent upon facts, such as whether the vehicle driver deliberately struck your motorcycle in the rage episode.
What’s The Statute Of Limitations For Motorcycle Accident Claims?
If you want to file a lawsuit against the negligent party and receive compensation, you must take action immediately. The majority of states in the US have established their statute of limitations for personal injury claims, including motorcycle crashes and accidents.
The statute of limitations refers to the time a person is eligible to file a lawsuit. However, if you wait even a day past the statute of limitations, you can no longer take legal action against the misconduct.The state of Colorado has three years of statute of limitations for motorcycle accidents, according to CRS 13-80-101.
You might be lucky to end up with only a few minor injuries after a motorcycle crash. However, in some tragic cases, you might get critically injured and need medical attention. In such instances, you may think letting your family members file the lawsuit will be an excellent choice; however, it’s not. Considering the situation, your family may not be emotionally stable, and adding another burden to their plates may get overwhelming.
Therefore, hiring a qualified motorcycle accident lawyer is in your best interest. These professionals are competently suited to tackle the intricacies of the lawsuit – filing the personal injury claim, presenting your case, and negotiating the settlement offer. Not only this, but they can also help you receive the rightful financial compensation.