Colorado Springs Motorcycle Accident Lawyers

When the open road calls and the wind beckons, there’s nothing quite like the freedom of riding a motorcycle. But amidst the thrill, there’s also an inherent risk. In 2022 alone, Colorado saw149 tragic motorcycling fatalities — 20% of the state’s total traffic deaths. If you’ve found yourself in the aftermath of a motorcycle accident, know that you’re not alone. We at The Law Firm of Mark S. Hanchey and Ben Peterson understand the turmoil and uncertainty you may be facing.

Here for You in Your Time of Need

If you’re reading this, chances are you’re seeking guidance after a motorcycle accident. Whether you’re grappling with mounting medical bills or struggling to make sense of the legal complexities, know that we’re here to support you. At our firm, we approach each case with empathy and dedication, understanding the challenges you’re up against. Our goal is to alleviate your burden and ensure you receive the personal injury compensation you deserve.

The Law Firm of Mark S. Hanchey and Ben Peterson also assist people with legal needs in the following areas: Black Forest, Castle Rock, Centennial, Cimarron Hills, Douglas County, El Paso County, Fountain, Highlands Ranch, Parker, and Pueblo County.

Understanding the Distinct Nature of Motorcycle Accidents

Motorcycle accidents stand apart from other vehicle-related incidents due to several unique characteristics intrinsic to motorcycles. Let’s delve into the key factors that differentiate them.

Visibility Challenges

Motorcycles, with their smaller frames, often escape the attention of other drivers, especially when positioned in blind spots. This oversight frequently leads to collisions during lane changes. Unlike larger vehicles, the responsibility still lies with drivers to remain vigilant and aware of motorcyclists sharing the road.

Unique Handling & Stopping Dynamics

The dynamics of riding a motorcycle are vastly different from driving a car, particularly in terms of maneuverability and stopping distances. Motorcycles require a distinct approach to handling and quicker response times. Conveying these differences to adjusters, jurors, and judges can be crucial in claims, as it affects perceptions of fault and responsibility.

Helmet and Safety Gear Considerations

In many regions, while wearing helmets is encouraged, it’s not always legally required for motorcyclists over a certain age. However, failing to wear a helmet can influence the outcome of injury claims, as it might affect the amount of recoverable damages in the event of an accident. Similarly, the use or neglect of protective gear can impact a claim, potentially leading to arguments about the rider’s contribution to their injuries.

Vulnerability and Exposure

Motorcyclists are inherently more vulnerable than car occupants due to their exposure. Without the protective shell of a vehicle, riders are at greater risk of serious injuries. The absence of structural protection necessitates a deeper understanding of the accident’s severity when handling claims.

In summary, the unique aspects of motorcycle accidents require a nuanced approach in both legal and insurance contexts, recognizing the distinct challenges and considerations involved.

Common Causes of Motorcycle Injuries in Colorado

Riding a motorcycle in Colorado offers unmatched freedom, but it also comes with significant risks. Unlike cars, motorcycles lack the physical protection of a surrounding frame, leaving riders vulnerable in collisions. This vulnerability often results in severe injuries, such as brain trauma and spinal cord injuries, when accidents occur.

Negligence by Other Drivers

A leading cause of motorcycle injuries is the negligence of other motorists. Many drivers on the road fail to safely coexist with motorcyclists due to a lack of awareness or respect. This carelessness manifests in several ways:

• Ignoring Right-of-Way: Drivers may fail to yield, causing collisions with motorcyclists who rightfully have the road.
• Unsafe Lane Changes: Without checking blind spots, drivers might inadvertently merge into lanes occupied by motorcycles.
• Tailgating: Following a motorcycle too closely leaves little room for error, increasing collision risk.
• Misjudging Speed: Some drivers underestimate the speed of motorcycles, making it easier to cut them off accidentally.
• Impairment and Distraction: Whether due to alcohol, drugs, or simply a smartphone, distracted or impaired driving often ends in tragedy for motorcyclists.

Dangerous Driving Decisions

In addition to negligence, specific dangerous behavior by drivers exacerbates the risk for motorcyclists. This includes:

• Drowsy Driving: Fatigued drivers have slower reaction times, making them less aware of motorcyclists around them.
• Recklessness: Aggressive maneuvers and speeding can lead to hazardous situations for cars and motorcycles alike.

When drivers act recklessly or ignore traffic regulations, they jeopardize the safety of motorcyclists. Such actions not only endanger lives but also place the legal responsibility for any resulting injuries squarely on the shoulders of the at-fault drivers. Road safety is a shared responsibility, demanding vigilance from all, especially those operating vehicles with significant size and weight advantages.

How to Determine the Value of Your Accident Case

Getting into an accident can be overwhelming, and figuring out what your case is worth might seem even more daunting. Here’s a straightforward approach to understanding your potential compensation:

Evaluate Medical Expenses
Start by gathering all your medical bills, from hospital stays to physical therapy sessions. These costs form the foundation of your claim.

Consider Lost Wages
Were you forced to take time off work due to your injury? Calculate your lost income during this period. If your ability to work has been permanently affected, factor in potential future earnings as well.

Account for Emotional and Physical Suffering
Injuries often go beyond physical pain. Consider how the accident has impacted your mental well-being and everyday life. This might include anxiety, depression, or loss of enjoyment in activities you once loved.

Explore Additional Damages
Depending on the circumstances, you may be entitled to compensation for things like property damage and punitive damages, intended to punish the wrongdoer.

Consult a Personal Injury Attorney
Engage with an experienced personal injury lawyer to get a professional evaluation of your case. They can provide an estimate based on similar cases and ensure no potential compensation is overlooked. Many lawyers offer a free initial consultation, allowing you to explore your options without any financial commitment.

Research Similar Cases
Look up settlements or verdicts in cases similar to yours. This information can give you a ballpark figure of what to expect.

Ultimately, every accident case is unique. By following these steps and consulting with a professional, you’ll be better equipped to understand the true value of your claim.

Free Consultations

Your journey towards justice begins with a simple step – reaching out to us for a free consultation. During this initial meeting, we’ll listen to your story, assess your case, and provide you with a clear understanding of your legal options. Our consultations are not just about legalities; they’re about offering you peace of mind in a time of uncertainty. You’ll leave our office with a sense of empowerment, knowing that you have a team of experienced advocates by your side.

Swift Action, Lasting Results

When you choose The Law Firm of Mark S. Hanchey and Ben Peterson, you’re not just hiring attorneys — you’re enlisting dedicated allies in your fight for justice. We understand the urgency of your situation, which is why we don’t waste a moment in getting to work on your case. From gathering evidence to negotiating with insurance companies, we handle every aspect of your claim with precision and care. Our commitment to you doesn’t waver; we’ll tirelessly pursue your case until you receive the full and fair compensation you’re entitled to.

Avoiding Common Mistakes After a Motorcycle Accident

In the aftermath of a motorcycle accident, it’s natural to feel overwhelmed and unsure of your next steps. However, making certain mistakes can jeopardize your ability to seek fair compensation for your injuries. Here are some common pitfalls to avoid:

Choosing the Wrong Attorney

Not all lawyers are created equal, especially when it comes to handling motorcycle accident cases. One of the biggest mistakes you can make is hiring an attorney who lacks trial experience. Insurance companies are well aware of which lawyers are willing to go to trial and which ones are not. By choosing a firm like ours — led by trial attorneys with a proven track record of success — you send a clear message that you’re prepared to fight for your rights.

Understanding the distinct aspects of motorcycle accident claims is crucial. Here’s what experienced lawyers consider:

• Blind Spots: Many accidents occur when drivers overlook motorcyclists in their blind spots. Despite the smaller size of motorcycles making them less visible, this is not a defense against injury claims. Drivers are responsible for being aware of all vehicles around them, including motorcycles.
• Maneuverability and Stopping Distance: Motorcycles differ from cars in terms of handling and the space needed to stop safely. Our attorneys excel at clarifying these differences to insurance adjusters, jurors, and judges, ensuring they understand the unique challenges faced by motorcyclists.
• Helmet Laws: In some states, riders over a certain age can legally ride without a helmet. However, this choice can impact the recovery of damages. We are adept at addressing how helmet use—or the lack thereof—affects claims, especially in cases involving head injuries.
• Protective Clothing: The use or non-use of protective gear can influence claims. Our team is prepared to counter any claims that you contributed to your injuries, working tirelessly to secure the maximum compensation possible.

By integrating our extensive trial experience with a deep understanding of these unique factors, we offer a robust defense for motorcyclists. We don’t just settle; we fight to ensure your rights are upheld and your needs are fully addressed.

Delaying Medical Treatment

Following a motorcycle accident, seeking immediate medical attention is crucial, even if you don’t believe your injuries are severe. Failing to do so not only jeopardizes your health but also weakens your case. Insurance companies often use gaps in medical treatment to downplay the severity of your injuries or argue that they were caused by something other than the accident. Our team can connect you with trusted medical professionals who focus in treating accident-related injuries, ensuring that your health and your case receive the attention they deserve.

Disregarding Doctor’s Orders

Once you’ve received medical treatment, it’s essential to follow your doctor’s recommendations to the letter. Skipping appointments, neglecting prescribed medications, or ignoring rehabilitation exercises can undermine your recovery and your case. Insurance companies may seize upon any deviation from your treatment plan to cast doubt on the extent of your injuries. We work closely with our clients to ensure they understand the importance of compliance with medical advice and provide support every step of the way.

Speaking to Insurance Companies Without Representation

It’s common for insurance adjusters to reach out to accident victims soon after the incident, often with the goal of obtaining a quick settlement. However, engaging in conversations with insurance companies without the guidance of legal counsel can be risky. Adjusters may use your statements against you, twisting your words to minimize their liability.  By retaining our services, you gain an advocate who knows how to navigate insurance negotiations strategically, protecting your rights and maximizing your potential compensation.

Navigating Complexities in Proving Fault

Proving that another driver was at fault can be a daunting task. Often, accident victims face challenges in demonstrating the extent of their damages. This is where our expertise shines. We meticulously gather evidence, consult with experts, and reconstruct the accident scene to build a compelling case on your behalf.

Comprehensive Case Management

From start to finish, we handle every aspect of your motorcycle accident case. Our dedicated team ensures that you are not alone in this process, taking on the legal burden so you can focus on recovery.

• Evidence Collection: We gather crucial evidence, including traffic reports, eyewitness accounts, and expert testimonies.
• Legal Representation: Our skilled attorneys represent you in all legal proceedings and negotiations, advocating for your best interests.

With our comprehensive approach, we not only aim to prove fault and damages but also ensure that you receive the compensation you deserve.

How to Preserve Evidence with Your Motorcycle After an Accident

After an accident, your motorcycle can be crucial evidence in any legal claim or insurance process. Here’s how you can take care of it to ensure everything is intact:

• Document Everything: Before moving or touching the motorcycle, take detailed photos and videos. Capture the damage, skid marks, debris, and surrounding area. These images will help establish the accident’s context.
• Do Not Rush Into Repairs: Avoid the temptation to rush it to a garage for repairs. Wait until you have guidance from your insurance company or legal advisor on what to do next.
• Consult Legal Experts: Contacting a legal expert specializing in motorcycle accidents can provide you with the necessary advice. They will guide you on how to handle your bike to maintain its integrity as evidence.
• Secure Storage: If possible, keep the motorcycle in a secure location where it can be preserved in its post-accident state. This prevents further damage and potential degradation of evidence.
• Communicate with Insurers: Inform your insurance company about the accident promptly. Follow their instructions on how to proceed with assessments and claims while making sure they acknowledge the need to preserve the motorcycle as evidence.

By following these steps, you can ensure your motorcycle remains a vital part of your accident claim process.

Understanding the Impact of Protective Clothing on a Motorcycle Accident Claim

Wearing protective clothing can significantly influence the outcome of a motorcycle accident claim. Here’s how:

• Contributory Negligence: Insurance companies might attempt to argue that you are partly responsible for your injuries if you didn’t wear suggested protective gear, such as helmets, jackets, or gloves. This concept is known as contributory negligence and can potentially reduce the compensation you receive.
• Strengthening Your Case: If you wore the appropriate protective clothing during the accident, it could work in your favor. It demonstrates that you were taking necessary precautions to protect yourself, which could help in countering any claims of negligence.
• Severity of Injuries: Protective gear can also affect how your injuries are perceived. For instance, wearing a helmet could result in less severe head injuries, which can not only reduce recovery time but also impact the damages claimed. The nature and extent of your injuries play a crucial role in determining the compensation awarded.

A well-prepared legal team will be essential in navigating these complexities. They can effectively counter any accusations that you contributed to your injuries, thereby helping you to pursue the maximum possible compensation.

Understanding Helmet Laws and Motorcycle Accident Claims in Colorado

In Colorado, motorcyclists aged 18 and over have the freedom to ride without a helmet. However, it’s mandatory for both the driver and any passengers to wear goggles or eyeglasses equipped with safety lenses.

Impact on Accident Claims

If an accident occurs and the motorcyclist was not wearing a helmet, they can still pursue a claim for compensation. However, the decision to forego helmet use could potentially reduce the amount of damages awarded. This is particularly crucial in cases where head injuries are involved, as not wearing a helmet might be considered a factor in the severity of such injuries.

Navigating the Claim Process

• Helmet Use Consideration: While helmet use isn’t legally required for those over 18, its absence may influence the assessment of damages.
• Proactive Legal Strategies: Attorneys often emphasize addressing helmet use early in the claims process to mitigate potential reductions in compensation.

By understanding these nuances, individuals involved in motorcycle accidents can better navigate the legal landscape and work towards securing the compensation they deserve.

How Do Customization and Aftermarket Parts Impact Property Damage Claims in a Motorcycle Accident?

When it comes to motorcycles, customization is a popular hobby. Many riders enhance their bikes with aftermarket parts, aiming to boost performance or add a personal touch. But how does this affect your property damage claims if an accident occurs?

Valuation of Custom Parts

• Increased Repair Costs: Custom parts can be more expensive to repair or replace than standard ones. If these are damaged in an accident, it could lead to a higher payout as part of the claim.
• Detailed Assessment Required: Proving the value of these customizations is crucial. It’s important to have documentation like receipts and even photos that show the condition and existence of these parts before the accident occurred.

Diminished Resale Value

• Impact on Market Price: Customizations can sometimes increase the resale value of a motorcycle, but after an accident, the bike’s value may diminish more noticeably due to the uniqueness or non-standard nature of the parts involved.
• Calculation of Depreciation: Insurance companies must consider how these enhancements affect the overall market value of your motorcycle post-repair.

Consider Professional Appraisals

It’s often beneficial to have your customized motorcycle appraised by a professional both before and after an accident. This provides an additional layer of validation when negotiating claims, ensuring that both the customization investments and their impact on resale value are accurately represented.

In summary, whether you’re dealing with a custom exhaust from Akrapovič or upgraded Brembo brakes, recognizing the value these parts add to your motorcycle is essential. Proper documentation and a clear understanding of your bike’s valuation can significantly influence the outcome of a property damage claim.

Understanding Fault Determination in Colorado Motorcycle Accidents

In Colorado, the process for determining fault in motorcycle accidents revolves around the “modified comparative fault” system. This means that compensation is possible as long as a party is less than 50% at fault for the incident. Essentially, if your responsibility for an accident is deemed to be at or below this threshold, you remain eligible for financial recovery.

Calculating Compensation

However, any damages awarded will be adjusted according to the degree of fault attributed to you. For instance, imagine being judged 49% responsible in an accident with damages of $100,000; your eligible compensation would be reduced to $51,000, reflecting your share of the blame. Thus, determining fault directly impacts the compensation amount you receive.

The Role of Negotiation and Legal Representation

Establishing fault is not a straightforward calculation; it involves negotiation and legal strategy. Engaging effectively with insurance claim adjusters or presenting a convincing case before a judge or jury is imperative. Therefore, partnering with seasoned legal professionals who specialize in accident claims can significantly enhance the likelihood of maximizing your entitled compensation.

Key Points to Remember

• Modified Comparative Fault: Eligible for compensation if you are less than 50% at fault.
• Proportional Reduction: Damages are reduced based on your level of fault.
• Strategic Negotiation: Essential for optimizing recovery through skilled negotiation and litigation.

Understanding how fault is determined can be crucial in navigating the aftermath of a motorcycle accident in Colorado and ensuring a fair and equitable claim process.

Understanding Colorado’s “Modified Comparative Fault” in Motorcycle Accidents

Colorado’s legal system employs a “modified comparative fault” rule, which directly influences how financial recoveries are handled in motorcycle accident cases. This guideline establishes that if you are involved in an accident, you can still secure compensation from another party, provided your share of fault is 50% or less. Simply put, you are eligible to recover damages from anyone more at fault than you are.

Impact on Financial Recovery

1. Proportional Reduction: Your potential financial recovery is adjusted based on your level of responsibility. If you’re partly at fault, any compensation you receive will be reduced by your percentage of fault.
2. Example Calculation: Let’s say you’re found to be 49% responsible for the accident, and your total damages amount to $100,000. Under the modified comparative fault rule, your recoverable amount would be reduced by your fault percentage, leaving you with $51,000.
3. Eligibility Threshold: It’s essential to understand that if your fault is determined to be 51% or higher, you would not be eligible for any compensation under this rule.

Strategy for Claiming

To maximize your recovery, it is crucial to gather substantial evidence supporting a lower fault percentage. This could involve:

• Collecting eyewitness accounts
• Securing expert testimonies
• Documenting all aspects of the accident scene

By understanding how this rule operates, you can better navigate the complexities of a motorcycle accident claim in Colorado, ensuring you seek the compensation you rightfully deserve.

Colorado Springs Motorcycle Accident Attorneys Client Story

This client story is for educational purposes only.

In the wake of a motorcycle accident, the world can feel like it’s spinning out of control. Brian knows this all too well. It was a sunny afternoon on Highway 24, just west of Colorado Springs, when his life took an unexpected turn. In the blink of an eye, a careless driver veered into his lane, causing a collision that left Brian battered and broken.

As he lay in the hospital, grappling with the pain of his injuries and the uncertainty of his future, Brian felt lost. The insurance company, eager to minimize their liability, offered him a settlement that barely scratched the surface of his mounting medical bills. It seemed like he was fighting an uphill battle, with no end in sight.

But then, a glimmer of hope emerged in the form of Ben Peterson from The Law Firm of Mark S. Hanchey and Ben Peterson. From their first meeting, Brian knew he had found a true ally in his quest for justice. Ben listened intently to Brian’s story, offering compassion and understanding in the face of adversity. He saw not just a client, but a fellow human being in need of support.

Together, Brian and Ben embarked on a journey towards justice. With unwavering determination, Ben took Brian’s case to trial, refusing to back down in the face of opposition. He meticulously gathered evidence, called upon witnesses, and presented a compelling argument in court. Through it all, Brian felt a sense of empowerment he hadn’t known since the accident.

The trial was a grueling ordeal, filled with twists and turns, but Brian never lost faith in Ben and the team at The Law Firm of Mark S. Hanchey and Ben Peterson. And in the end, their perseverance paid off. Against all odds, the jury ruled in Brian’s favor — awarding him the full and fair compensation he deserved.

Today, as Brian looks back on his journey, he’s filled with gratitude for Ben and the entire firm. They didn’t just win his case — they restored his faith in the legal system and gave him hope for the future. Thanks to their tireless advocacy, Brian can finally put the pieces of his life back together and move forward with confidence.

If you find yourself in a similar situation, don’t hesitate to reach out to The Law Firm of Mark S. Hanchey and Ben Peterson. With compassionate guidance and steadfast determination, they’ll be by your side every step of the way, helping you navigate the road to recovery and justice.

If you’ve been seriously injured in a motorcycle accident in Colorado, you don’t have to face the aftermath alone. The Law Firm of Mark S. Hanchey and Ben Peterson is here to help you navigate the legal complexities and fight for the compensation you deserve.

Free Consultations

We understand the challenges you’re facing in the aftermath of a motorcycle accident — from mounting medical bills to physical and emotional pain. That’s why we offer free consultations to discuss your case and provide you with clear guidance on your legal options. During this initial meeting, we’ll listen to your story, answer your questions, and develop a personalized strategy to pursue justice on your behalf.

No Fee Unless We Win

At The Law Firm of Mark S. Hanchey and Ben Peterson, we believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we operate on a contingency fee basis, which means you won’t owe us any money unless we successfully recover compensation for you. You can trust that our interests are aligned with yours, because we don’t get paid unless you do.

Contact Us Today

Don’t wait to take action after a motorcycle accident. The sooner you reach out to us, the sooner we can begin advocating for your rights and working towards a successful outcome on your claim. With our experienced team by your side, you can focus on your recovery while we handle the legal heavy lifting.

Schedule Your Free Consultation

• Call Us: Reach out for a FREE consultation. Our team is ready to listen and provide the guidance you need.
• No Risk: Remember, there’s no fee unless we successfully secure compensation for you. This ensures you can pursue your claim with confidence and without upfront costs.

Contact The Law Firm of Mark S. Hanchey and Ben Peterson today to schedule your free consultation. The path to recovery and justice begins with a simple call. Let us help you navigate your legal journey with ease and expertise.