Motorcycle Accident Lawyer in Denver, CO

Proving Negligence in a Motorcycle Accident Case

You may not automatically have a claim if you were hit on your motorcycle. These elements need to be present in order to seek compensation.

• Duty of Care: People sharing the road have a responsibility to follow traffic laws to prevent harming others.
• Breach of Duty: The duty of care was breached in some way. It may be as simple as failing to signal or check your blind spot while changing lanes.
• Causation: The breach of duty caused the collision with a motorcyclist. For example, a driver who was texting behind the wheel while merging hit a motorcyclist in their blind spot.
• Damages: The accident led to injuries or other financial and material losses. This might include the need for physical rehabilitation and lost wages due to a disability from the crash.

If you were involved in a motorcycle wreck, the Denver accident attorneys at Ogborn Mihm can examine what happened, figure out if you have a valid claim, and let you know what steps to take next.

Where Motorcycle Accidents Can Happen in Denver

Motorcycle accidents can happen anywhere in or around the Mile High City. However, there are certain highways and roads where the accident risk is pronounced.

• Interstate 25: I-25 is extremely dangerous for motorcyclists due to the heavy traffic, mix of commuter vehicles and large commercial trucks, and the high speeds along the interstate.
• Interstate 70: I-70 is another dangerous interstate in Greater Denver. Motorcyclists need to be careful about the presence of heavy trucks as well as steady commuter traffic and high speeds.
• Denver’s High Injury Network: The high injury network refers to roads in Denver where there are many accidents. These dangerous, multi-lane roadways include Colfax Avenue, Federal Boulevard, Alameda Avenue, and Colorado Boulevard.
• Remote Roads and Highways Outside Denver: When motorcyclists travel outside the city up into the Rockies or out into wide open spaces, they need to continue to exercise caution. If there’s an accident on a remote road or highway, it can take time for first responders to arrive and provide medical help.

Common Causes of Motorcycle Crashes

Serious motorcycle wrecks can have multiple causes and contributing factors. These are some of the most common causes of motorcycle collisions in the Greater Denver area.

Failure to Check Blind Spots

Even when motorcyclists are careful, other drivers may fail to check their blind spots while changing lanes, exiting a highway, or merging into traffic. An inattentive driver could cause a major motorcycle crash.

Misjudged Left-Turns

When drivers are at an intersection and see a motorcyclist approaching in the opposite direction, they may mistime their left turn. There’s a chance of a serious intersection crash regardless of whether the left is guarded or unguarded.

Dooring

Dooring occurs when drivers or passengers swing their doors open without checking for people approaching. These kinds of accidents are serious even when they involve bicyclists. The injuries and vehicle damage are more severe for motorcyclists.

Speeding and Reckless Driving

When other drivers are speeding or driving recklessly, it can put responsible motorcyclists in danger. Examples of reckless driving include tailgating, frequent lane changing, failure to signal, and refusal to yield the right of way.

Drunk/Intoxicated Driving

It doesn’t matter if someone is drunk or under the influence of drugs. Impaired driving affects decision-making skills and reaction times. Motorcyclists who get hit by intoxicated drivers can seek damages in DUI accident claims.

Distracted Driving

Distracted drivers are less likely to check their blind spot for motorcyclists. Common examples of driver distraction include texting while driving, eating while driving, looking up directions, making a call without a hands-free kit, and rubbernecking. 

Poor Road and Weather Conditions

Winter weather makes driving difficult for everyone in Denver, but especially for motorcyclists. Ice, snow, rain, and poor visibility can all contribute to collisions. In addition, road damage like potholes and frost heaves can make roads unstable and potentially deadly for motorcyclists.

Potential Injuries in a Motorcycle Wreck

Motorcyclists face a significantly increased risk of severe injuries. Riders are extremely vulnerable to harm and may be catastrophically hurt in a collision.

• Road Rash: Road rash is a term for the skin abrasions common in motorcycle crashes. These scrapes and cuts can be quite extensive after a motorcyclist skids on pavement, asphalt, dirt, or gravel.
• Biker’s Arm: Also known as rider’s arm, biker’s arm refers to a broad range of nerve injuries that could occur when a motorcyclist tries to break their fall during a collision.
• Fractured Bones and Joints: Motorcyclists often suffer cracked ribs, broken arms and legs, and various joint dislocations because of the tremendous force of a crash.
• Face and Neck Injuries: Whiplash and other serious neck injuries could occur in a motorcycle accident. Facial injuries are also possible even if a motorcyclist is wearing a helmet.
• Spinal Cord Injuries (SCI): The impact of a collision could damage the spinal cord. This can cause partial paralysis, paraplegia, or quadriplegia (tetraplegia).
• Loss of Limbs: Some motorcycle accidents are so catastrophic that they result in the loss of a limb at the accident site. Doctors may also need to amputate a limb that’s been too severely injured to be saved.
• Internal Organ Injuries: When motorcyclists are thrown from their vehicles, the impact can cause severe injuries to the lungs, kidneys, liver, spleen, and other internal organs.

Motorcycle Collisions and Traumatic Brain Injury (TBI)

Even when wearing a helmet and other protective gear, the lack of physical barriers can lead to catastrophic motorcyclist injuries. This includes traumatic brain injuries. While the helmet can mitigate the trauma experience in a collision, there’s still a risk of suffering a severe concussion, brain contusions, skull fractures, and other types of head trauma.

The Denver motorcycle crash attorneys at Ogborn Mihm have experience working with brain injury survivors. Our lawyers work with leading medical professionals and healthcare facilities all over the country. These doctors can provide treatment for concussions and other TBIs following a collision and back up your accident claim with strong evidence.

Who Can Be Held Liable for a Motorcycle Accident?

The liable party in a motorcycle crash can vary. The Denver accident lawyers at Ogborn Mihm will review the evidence and determine who should be held accountable. The following parties are often responsible for causing or contributing to motorcycle wrecks.

The Other Driver(s)

Multiple drivers on the road could be held responsible for causing or contributing to a crash if they were speeding, reckless, intoxicated, or distracted.

Commercial Drivers or Their Employers

Truckers, rideshare drivers, and delivery vehicle drivers can be held accountable for causing motorcycle wrecks. The employer may also be liable for poor hiring practices or other policies.

Automakers and Auto Part Makers

When a motorcycle crash is caused by poor design, shoddy manufacturing, or defective parts, automakers and parts companies can be held liable for their role in the accident.

Local Municipalities

Local municipalities in Greater Denver might be held liable if they failed to prep the road for winter weather or did not repair a road that had dangerous conditions.

Statute of Limitations for Motorcycle Wrecks in Colorado

In the state of Colorado, you have three years from the date of the motorcycle wreck to file a legal claim. Once that three-year statute of limitations has passed, you will no longer be able to take legal action.

Three years sounds like a long time, but that deadline can go by quickly. It’s best to speak with our Denver motorcycle accident lawyers as soon as possible after the crash. Our team can determine if you have a claim and start investigating what happened before any evidence deteriorates, footage gets wiped, or witnesses forget what happened.

Compensation in a Motorcycle Crash Claim

The team at Ogborn Mihm can help you understand the real value of your motorcycle accident claim. Our Denver trial lawyers provide emotional support and a legal framework as we seek compensatory damages for economic and non-economic losses.

Economic and non-economic damages in a motorcycle wreck may include: 

• Medical Expenses: This includes hospitalization, life-saving surgery, and any follow-up appointments with doctors and other specialists.
• Ongoing Health Needs: This includes physical rehabilitation, mental health counseling, and other estimated costs for future treatment needs.
• Damage to Property: This includes damage to the motorcycle and any belongings destroyed at the time of the crash.
• Lost Wages During Recovery: This includes loss of income due to the inability to work while recovering from injuries.
• Loss of Future Earning Potential: If your injuries affect mobility or result in a disability, you can be compensated for career setbacks, job retraining, and loss of estimated earnings.
• Accommodations for Disability: This includes housing renovations, vehicle renovations, and other modifications to accommodate a disability.
• Pain and Suffering: This includes chronic pain after recovery as well as struggles with anxiety, depression, and post-traumatic stress disorder (PTSD).
• Reduced Quality of Life: This includes loss of enjoyment in hobbies or a general reduction in contentment due to injuries.

Frequently Asked Questions (FAQ) About Motorcycle Collisions

Motorcycle accident cases can be challenging and confusing. Below are a few answers to common questions Ogborn Mihm has received from local motorcyclists and other members of the community.

Why is there a stigma against motorcyclists in accident claims?

Many people assume that motorcyclists are risk-takers on the road. There’s an assumption that if you were in a motorcycle wreck, you likely share some of the blame. At Ogborn Mihm, our trial attorneys can help dispel that bias and present the facts of the accident.

If I wasn’t wearing a helmet or protective gear, will that hurt my accident claim?

Yes. If you got into a motorcycle collision and did not wear a helmet or protective gear, that could reduce the value of your claim. Colorado operates on a modified comparative negligence rule, which allows you to seek damages as long as you are less than 50% liable for what happened.

Can my helmet cam or other video footage be used as evidence?

Yes. If you have a helmet cam or any kind of video recording equipment while riding your motorcycle, the footage can be used as evidence in your claim. The same is true of dash cam footage from other motorists, CCTV footage from nearby businesses, and possibly even security or doorbell cameras.

How much is my motorcycle accident claim worth?

This varies based on the severity of your injuries, the parties involved, and the lasting effects the accident has on your life and livelihood. Our accident lawyers can review the details of your motorcycle accident and help you figure out how much your case may be worth.

Why Choose Ogborn Mihm for Your Motorcycle Accident Claim

If you’ve been seriously hurt in a motorcycle crash, the Denver trial attorneys at Ogborn Mihm can tell your story and seek maximum compensation.

We Focus on Your Life Before and After a Motorcycle Crash

The attorneys at Ogborn Mihm want to know about your life before and after the motorcycle accident. This will help us understand how your injuries have affected your quality of life, future earning capacity, and your ability to live independently.

Our Attorneys Are Trial-Tested and Ready to Go to Court

While some Colorado law firms look to settle cases quickly, we don’t. At Ogborn Mihm, our attorneys are prepared to take your case all the way to trial if it means getting fair compensation for your injuries and financial losses.

Ample Legal and Medical Resources

Our law firm has the financial resources to see your case through to the end. We also have access to skilled doctors and cutting-edge medical facilities throughout the country. We can connect motorcycle accident survivors with specialists for treatment and consult these healthcare professionals to build a stronger case for you.

Representation on a Contingency Fee Basis

After a motorcycle wreck, another bill is the last thing you need. Ogborn Mihm offers free consultations and representation on a contingency fee basis. That means you only have to pay if we can secure a settlement or win damages in court.

Contact Our Denver Motorcycle Accident Attorneys

If you’ve been seriously hurt in a motorcycle wreck, don’t delay. The Denver accident lawyers of Ogborn Mihm are prepared to represent you. To request a free, no-obligation consultation with us, contact our law firm today.