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    What to Do If You’ve Been Injured in a Motorcycle Accident

    1. Call the Police/911 & Seek Medical Attention

      After a motorcycle crash, first, get to safety and make sure there is no additional danger. Then call 911. Calling 911 will alert first responders to your location so that injured accident victims can receive medical treatment. Let them know how the accident happened. It is very important to seek medical attention after a motorcycle accident to determine if you have been hurt. The adrenaline from a motorcycle crash can hide injuries. It can sometimes take hours or even days before pain sets in.

    2. Document the Accident

      Immediately after a motorcycle accident, if you are able, document and gather general accident information including the other driver’s license and insurance information and the police report number. Take pictures of both vehicles and the motorcycle accident scene.

    3. Call Your Insurance Company

      Once you are safe and have seen a doctor, you should contact your insurance company to set up a claim. You will most likely be contacted by the at-fault driver’s insurance company as well. Do not provide a statement or sign any authorizations. Talk to a motorcycle injury attorney first.

    4. Call a Colorado Motorcycle Accident Lawyer

      As soon as you are able, contact a Colorado Motorcycle accident lawyer. Important evidence can be lost or destroyed if you don’t act quickly. In some cases, experts will be needed to investigate the motorcycle crash. A motorcycle injury attorney will help guide you through this process and make sure important evidence is preserved.

    Work with a Colorado accident lawyer you can trust.

    Eisenstein Law is devoted to our motorcycle accident clients. We will make sure your rights are protected every step of the way. Our lawyers will guide you through medical issues and the insurance claims process. If a settlement is not possible, we are ready to take your case to trial. Don’t settle for less, contact one of the best Denver motorcycle accident lawyers today.

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    Frequently Asked Motorcycle Accident Questions

    How often are motorcyclists involved in accidents?

    Recent statistics show that motorcyclists are about 29 times more likely than passenger vehicle occupants to die in a motor vehicle crash and were 4 times more likely to be hurt. In 2019, there were 5,014 motorcyclists killed in motor vehicle crashes according to the National Highway Traffic Safety Administration, which account for 14% of all traffic fatalities. This was a 5.1% increase in motorcycle accidents over 2015. Of the total motorcyclists killed in traffic crashes, 94% were drivers and 6% were passengers.

    How are motorcycle accidents different from car accidents?

    Colorado can be a motorcyclist’s paradise, but motorcycle accidents can be deadly. Drivers of other passenger vehicles are protected by airbags, crumple zones, and seatbelts. Motorcyclists, by comparison, have little to no protection. Even the most experienced and careful motorcycle riders are at risk from other motorists who do not see them or drive aggressively or while distracted.

    Motorcyclists usually have much more serious injuries following a crash. They are largely unprotected and sustain injuries from multiple impacts. E.g., a motorcyclist might be hurt by an impact with a car, again by hitting the ground, and even once more by hitting another stationary object while sliding.

    What are typical injuries from a motorcycle crash?

    Motorcycle accident injuries can be very serious or even deadly. Traumatic brain injuries (TBI) are very common and can be fatal. Spinal cord injuries can result in permanent disability, paraplegia, or quadriplegia. Injuries to the lower extremities from motorcycle accidents are more common than any other type of injury and usually involve fractures or soft tissue injury. Internal injuries from blunt force trauma can cause serious damage to internal organs or internal bleeding. Road rash is a serious and painful skin abrasion that occurs when a rider contacts the road during a motorcycle crash. Road rash can cause scarring or become infected easily.

    How do jurors view motorcycle riders?

    Unfortunately, there is usually an unfair prejudice against motorcycle riders. Many jurors view motorcyclists as having assumed the risk of injury. This perception stems from a lack of education. Defense attorneys try to use these misconceptions by arguing that your motorcycle accident was your fault because you were driving too fast for the conditions, failed to properly control your motorcycle, or otherwise were to blame for the accident.

    Jurors have to be told about the differences between how cars and motorcycles operate. Then they can understand how a motorcycle accident happened.

    The motorcycle accident lawyers at Eisenstein Law understand that there is nothing wrong with riding a motorcycle. It is completely legal and your right to do so. Do not let the insurance company attorneys try to turn this against you.

    Do I have to wear a helmet while riding motorcycle in Colorado?

    Helmets can literally be the difference between life and death. However, motorcyclists over the age of 18 are not required to wear helmets in Colorado. Motorcyclists under the age of 18 or passengers under the age of 18 are required to wear DOT-approved helmets.

    Even though helmets are not required, jurors might find that serious head injuries or even deaths from motorcycle accidents could have been avoided if the motorcyclist was wearing a helmet.

    What is my Colorado motorcycle accident case worth?

    If you have been injured in a motorcycle accident in Colorado you are generally entitled to three categories of damages or compensation. First, you are entitled to economic damages. This category includes your medical bills and expenses for your injuries that were caused by the motorcycle accident. In motorcycle accidents, economic damages can potentially be very large. That is usually a result of the serious injuries that can result from motorcycle accidents. Unfortunately, traumatic brain injuries, crush injuries, broken bones, severe lacerations, amputations, and even death are all too common in motorcycle injuries. Second, if you have been injured in a motorcycle accident you are entitled to non-economic losses such as physical and mental pain and suffering and loss of enjoyment of life. This category of damages includes things such as anxiety and nightmares related to the motorcycle accident. Many people who have been involved in a motorcycle accident relive the traumatizing events long after the wreckage has been cleared from the roads. Non-economic damages are capped in Colorado. Third, you may recover from any physical impairment or disfigurement that was caused by the motorcycle accident. A skilled motorcycle injury attorney can help make sure you recover the maximum allowed by the law. You are entitled to the amounts billed for your medical care, not the amounts that were paid.

    Your Colorado motorcycle accident lawyer may also be able to pursue exemplary or punitive damages for your motorcycle accident injuries. These damages might be available if the at-fault driver behaved in a way that was reckless or disregarded a known risk to your safety. Examples of conduct that might allow for exemplary or punitive damages in your motorcycle accident case would involve driving under the influence of alcohol or drugs, speeding, or potentially distracted driving.

    How can I reduce the risk of being in a serious motorcycle accident?

    Avoiding motorcycle accidents requires balance, coordination, and most of all, good judgment. Before you hit the road, make sure you have the proper motorcycle training and safety equipment. In 2019, 30% of fatal motorcycle accidents involved riders without valid motorcycle licenses. Taking safety courses will ensure that you know how to handle your motorcycle properly in a variety of different conditions and know how to avoid dangerous situations. Having the proper gear will help you be visible to other drivers and be safer in the event of a motorcycle crash.

    It’s important to check your motorcycle’s brakes, headlights, tires, and fluids before you ride.
    Make sure you are drug and alcohol-free when riding a motorcycle. Drugs and alcohol, even prescription drugs, can affect your judgment, coordination, and reaction time. It is impossible to control other drivers when you’re on your motorcycle. Your reactions and quick thinking could be critical to saving you from a motorcycle accident.

    Should I talk to the insurance company about my motorcycle accident?

    You should not talk to an insurance company or sign any documents after being injured in a motorcycle accident. Talk to your motorcycle accident attorney first. The insurance companies try to minimize the amount of money they have to pay you for the actions of their insured driver who caused you injuries. They do not care about you or your injuries and will use whatever tactics available to them to minimize your recovery. From sending low settlement checks to demanding blanket authorizations for all of your protected medical records, the insurance companies know what they are doing. In motorcycle accidents, they have additional tools at their disposal because they understand that there is a public perception that motorcyclists are taking their lives into their own hands. Make sure you talk to a motorcycle accident attorney before talking to the insurance company.

    Should I go to the doctor after a motorcycle accident?

    Yes. You should go to a doctor to make sure you haven’t been seriously hurt in a motorcycle accident. Not seeking medical care, gaps in between treatments, or not following up with recommended care, when you claim you are still injured can be very damaging to your case. Defense attorneys will argue that if you were truly hurt, you would have continued to seek medical care. Always continue to follow up with appointments and treat if your doctors have recommended it or if you are still experiencing pain or symptoms. Make sure you tell your doctor the specifics of your pain and symptoms. You should talk about the location, the duration and frequency, and what makes it better or worse. You should also be sure to discuss pain that you cannot see such as shooting, stabbing or burning pains, numbness, or tingling. Memory and thinking issues, irritability, and sleep disturbances should also be reported to your doctor. Oftentimes, cognitive issues and minor brain injuries are overlooked by emergency room doctors and primary care physicians.

    What’s the Colorado motorcycle statute of limitations?

    The statute of limitations for bodily injuries arising out of a motor vehicle collision, including motorcycle accidents, in Colorado is generally three years from the date of the accident. However, there might be additionally available claims with shorter statutes of limitations. Claims for negligent entrustment or negligent maintenance could have a two-year statute of limitations. Dram shop claims against an establishment that served a negligent driver alcohol might have a one-year statute of limitations. It’s important to contact a Denver car accident lawyer as soon as possible to make sure these important deadlines aren’t missed.

    How can a Colorado motorcycle accident lawyer help me?

    Your motorcycle accident lawyer will take steps to preserve important evidence that can help maximize your recovery and prove the elements of your case. Videos and incident reports can disappear, and witness information can be lost. A motorcycle injury attorney will send out a preservation letter to make sure the at-fault party preserves any important information. If they fail to do so, they may be subject to adverse instruction if the motorcycle case goes to trial. They will also send any appropriate notices under the governmental immunity act.

    The evolution of Colorado’s negligence principles can be a confusing web of case law that many attorneys and judges are unable to agree on. If you have been injured in a motorcycle accident because of a negligent driver, contact a Colorado motorcycle accident attorney today to protect your rights. Motorcycle accidents are common and can cause serious injuries. In most cases, they could have been prevented with common sense and a little caution. We can reduce these types of injuries and make our communities safer by holding negligent drivers accountable for their actions. Don’t settle for less, call Eisenstein Law today for a free motorcycle accident case evaluation.

    Find Your Motorcycle Injury Attorney with Eisenstein Law

    At Eisenstein Law, our experience in handling motorcycle injury cases in and around Denver has given us a comprehensive understanding of dealing with prejudice against motorcyclists and a variety of different types of motorcycle accidents. If you or someone you know has been injured in a motorcycle accident, contact Eisenstein’s personal injury lawyers. The motorcycle injury attorneys at Eisenstein also offer legal services for those involved in distracted driving accidents, pedestrian accidents, wrongful death suits, and more.

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