Who Is At Fault in a Motorcycle Accident?

A Denver motorcycle accident claim allows you to pursue compensation for your losses. To succeed, you will need to prove that another party was mostly at fault for the crash, which is often easier said than done.

The impact of a motorcycle crash can have profound and lasting physical, emotional, and financial repercussions. Medical bills and expenses can quickly pile up, all while you are unable to work and struggling with the pain, unease, and disruption to your daily life.

When someone else’s negligence is the cause of the accident, you may be entitled to compensation. However, this requires you to establish fault and prove it with clear evidence. While some like to blame motorcyclists, the truth is that they are not the ones typically responsible for these crashes.

If you believe you have a Denver motorcycle accident claim, Burg Simpson is here to protect your rights. We have extensive experience representing motorcycle crash victims and are skilled at building successful claims and maximizing compensation.

To schedule your FREE and confidential case evaluation, call Burg Simpson today at 303-792-5595. Our motorcycle accident lawyers serve clients in Denver, Englewood, and throughout Colorado.

Who Is Usually At Fault in Motorcycle Accidents?

Determining fault in a motorcycle accident comes down to negligence. Who acted in a way that put others at risk?

For example, speeding and driving under the influence are both forms of negligent behavior while operating a motor vehicle, as are distracted and reckless driving. When someone engages in this type of behavior and it leads to an accident, they could be found at fault and liable for damages.

This is why the first step in any Denver motorcycle accident claim is identifying the negligent party. Only then can you pursue the compensation you need and deserve.

Several studies have been done on who is usually at fault for motorcycle accidents. While there is some variability in the data, most of these studies and reports agree that other drivers on the road are typically responsible for motorcycle crashes.

The most popular of these reports is “The Hurt Report,” which found that the other driver is responsible for two-thirds of multiple-vehicle accidents involving motorcycles. This is most often because the driver failed to see the motorcyclist and violated their right-of-way, which clearly indicates inattention behind the wheel.

Read More: Who Is At Fault in a Lane-Filtering Accident in Colorado?

Potentially Liable Parties in a Denver Motorcycle Accident Claim

While other drivers are the most common at-fault parties for motorcycle accidents, that does not mean that they are the only parties who could be found responsible. Others include:

• Commercial Vehicle Companies: Commercial vehicle companies, like trucking companies, must follow strict guidelines from the Federal Motor Carrier Safety Administration (FMCSA) that limit how long their drivers can stay on the road at a given time. If the trucking company forces its drivers to push past these limits and there is an accident, then the company, not just the driver, could be held liable for damages.
• Vehicle or Parts Manufacturers: Manufacturers have a responsibility to consumers to design and manufacture products that are safe when used as intended. The manufacturer of the motorcycle or another vehicle may be held liable if a defect in the design, manufacture, or warning causes injury.
• Government Entities: City and state agencies that neglect their responsibility to properly maintain roads, install the appropriate signage, and manage hazardous conditions may also be held liable if their action (or inaction) leads to an accident.
• Bars or Restaurants: Under Colorado’s dram shop law, any establishment licensed to sell liquor can be held liable if it overserves an individual who causes an accident because of their intoxication.

In some cases, it may be very evident who was responsible for the accident, while in others, it can take some time to determine fault. This is why any accident claims process should begin with a thorough investigation.

How Is Fault Determined?

After the accident, determining fault in a motorcycle crash becomes the central issue for both insurance adjusters and injury attorneys. The insurance companies will begin their own investigations to determine fault. At the same time, motorcycle accident victims should also collect evidence that will help establish liability, though this is often best handled with the assistance of an experienced attorney.

Some of the things that help us determine fault in motorcycle accident claims include:

• Police reports that establish the facts of the accident
• Evidence, such as vehicle damage, skidmarks, or traffic camera footage
• Eyewitness statements that help explain how the accident happened
• Expert testimony, including accident reconstructionists and mechanical experts

It is important to understand that fault can be shared among several parties. If another driver violated your right-of-way, but you were also speeding or lane splitting, you may be considered partially at fault for the accident.

Importantly, this does not necessarily mean you will be unable to recover compensation. Under Colorado’s modified comparative negligence rule, you are still able to recover compensation provided you are less than 50% at fault for the accident. In these cases, the amount of compensation you are eligible to recover would be reduced by the percentage you are deemed to be at fault.

How Do You Build a Motorcycle Accident Claim?

The process of building a successful Denver motorcycle accident claim begins in the moments following the crash. It continues until you either settle the claim or file a lawsuit and take the other party to court.

Throughout this process, these are some of the most important things to do to give yourself the best chance of recovering the compensation you deserve:

• Seeking immediate medical attention and closely following your doctor’s treatment plan.
• Gathering and preserving evidence, including photos of the crash scene, road conditions, and injuries, along with the contact information of the other drivers and their insurance information.
• Tracking all of your medical expenses, lost income, and additional damages. We recommend starting a diary to keep a record of key events and progress.
• Working with a Denver motorcycle accident lawyer who can provide you with the legal knowledge and experience needed to move forward with confidence.

Unfortunately, you cannot trust the insurance companies to treat you fairly. From trying to undermine your claim to fully denying responsibility, they will do whatever they can to shift liability and mitigate how much compensation they have to pay.

Do I Need a Motorcycle Accident Lawyer?

Motorcycle accident claims tend to be complex due to the damages involved and the aggressiveness of insurers in fighting them.

A good motorcycle lawyer can help handle the intricacies by:

• Conducting a thorough investigation to establish liability
• Gathering evidence & interviewing eyewitnesses
• Calculating the total compensation you deserve for your damages
• Engaging expert witnesses who can help solidify the facts of your claim
• Negotiating a fair settlement offer with insurance companies
• Filing a lawsuit on your behalf and representing you in court, if necessary

You should only work with an attorney who has specific experience working on—and winning—Denver motorcycle accident claims. While other types of claims may seem similar, there is no substitute for hands-on experience with the specific type of claim you are facing.

Contact Burg Simpson Today to Schedule a FREE Consultation

At Burg Simpson, our team understands the unique challenges facing motorcycle accident victims in Colorado. We know how to level the playing field and hold negligent parties and their insurance companies accountable. We have been representing accident victims for the past 45 years and have recovered over $2 billion for our clients.

With our local clout and national strength, our motorcycle accident lawyers provide clients with the legal guidance and representation they can rely on to protect their rights and obtain the justice they deserve.

To schedule a FREE consultation to discuss your Denver motorcycle accident claim with our team, call 303-792-5595 or contact us online.