Colorado Motorcycle Accident Attorneys
Do I Need an Attorney for My Motorcycle Accident?
If you have been injured in a motorcycle accident in Colorado that was not your fault, then you will almost certainly benefit greatly from hiring a motorcycle accident lawyer. Riders that do not need to hire a bike crash attorney are typically those that were involved in a fairly minor collision with no physical injuries. If you do not need medical attention from the bike crash, then it is probably in your best interest to try settling the property damage claim on your own. Always give us a call to find out what is best for you and your situation.
If your injuries are serious, such as broken bones or back injuries, then you will significantly benefit in hiring TrueCounsel. As riders ourselves, we specialize in motorcycle accident cases. Studies have shown that injured riders who retain an attorney receive on average four times the amount of money in a settlement or at trial than those who don’t get an attorney. If you are thinking about handling the claim on your own, just know that you are going up against a multi-billion dollar insurance company that has the resources to deny your claim and drag it out over many years.
Must-Know Information After a Bike Wreck
No Obligation to Make a Settlement Offer
If you have been involved in a motorcycle accident, and your bike is damaged and you’re suffering pain from injuries, so you may think to yourself that the insurance for the at-fault driver is obligated to pay you a fair amount for your damages. Unfortunately, that is not the case.
The insurance company is under no obligation to make you a settlement offer, let alone pay you an amount that fairly compensates you. When an injured rider is not represented by a great personal injury attorney, the insurance company knows they can make low-ball settlement offers or none at all. That is where we come alongside you after your motorcycle wreck and fight fiercely and endlessly to make the insurance company accountable for everything the at-fault driver did to you.
Paying for Property Damage ≠ Money for Injuries
The insurance company may be very reasonable with you when paying for your motorcycle to be repaired or paying for the replacement value when it is totaled. If this is the situation you find yourself in, no one would blame you for thinking this means they will be reasonable and easy to work with when it comes time to pay you for your physical and emotional injuries.
Yet, paying for property damage does not then obligate the insurer to pay you for your injuries. Chances are the value of your personal injury claim will be worth significantly more than what it cost to repair your bike. When it comes to higher dollar amounts, insurance companies will go into hiding or try making low-ball offers. Do not let them take advantage of you. We know how to force their hand and pay you for each and every type of damage you have suffered.
Never Agree to a Recorded Statement
It may seem like an innocent request by the bodily injury or property adjuster to ask you if it is okay for a phone conversation to be recorded. In fact, it may seem like a really good idea. In reality, adjusters actually receive training on how to manipulate what you have said and get you to agree to things that are actually false without you realizing it!
Important Information on Coverage Limits
By law in all fifty states, the insurance company for the at-fault driver, as well as your own company if you carry underinsured/underinsured coverage, is not required to pay you an amount greater than the policy limits. For example, here in Colorado the minimum amount of liability coverage a person is required to have is $25,000 per person and $50,000 total. What this means is that if the at-fault driver has a minimum policy, the insurance company will never offer an amount greater than this even though the value of your case could be significantly higher.
There are ways for us to find additional coverage by completing a thorough investigation. There is a possibility the at-fault driver is under two policies. Without this investigation, you may never find out about the second policy which means you will leave money on the table instead of it going into your pocket. This is another valuable benefit of hiring TrueCounsel.
Health Insurance is Not Always Free
The cost of health insurance in our country is out of control. That is not news to you, but what might be is the fact that health insurance companies sometimes have the right to be paid back out of a motorcycle accident settlement. This occurs when your health insurance company pays for some of your medical treatment. If they do, they will likely assert a subrogation right in your injury claim and try to get reimbursed out of money that would otherwise go to you.
What you need to know is that some health insurance companies do actually have that right, but not always. It depends on who the insurance company is and the type of health insurance plan you. The problem is that they will almost always claim they are entitled to subrogation even when they know they are not. This is another key benefit – the motorcycle attorneys at TrueCounsel can protect your interests.
Signing a Release = End of Your Claim
Signing a settlement release is a major decision. It should not be taken lightly. Signing a release means you are forever giving up your right to seek money from the insurance company. If you decide to accept a settlement offer than that is all the money you will ever get from them, even if the value of your claim is significantly higher or you end up needing more medical treatment down the road. If you have been injured in a motorcycle accident, you should always discuss with a personal injury attorney if you should sign the release.
What to Do After a Colorado Motorcycle Crash
From the moment you are involved in a Colorado motorcycle accident, you are immediately going to experience pain, anxiety, and stress as you scramble to figure out how you are going to pay your medical bills, recover from your injuries, and continue to provide for your family.
The steps you take after a motorcycle crash can make or break your case. In fact, doing the wrong things can prevent you from recovering any money at all from the at-fault driver, or at the very least, lower the value of your settlement.
TrueCounsel founder and fellow motorcycle rider, Jeremy D. Earle, has put together a guide of do’s and don’ts so that you can preserve the value of your claim.
- The most important thing to do following a motorcycle accident in Colorado is to seek proper medical attention. Not only does it ensure you will get treatment for injuries that may be life-threatening, receiving treatment immediately actually increases the value of your injury claim.
- Make sure an accident report is filled out if the police did not respond to the scene. For most counties, you can find this on the county’s website or by calling the police department.
- Spend some time and write in your own words how the motorcycle accident occurred. Talk about where you were going, the weather, the condition of the road, traffic around you, as well as the aftermath such as pain, anxiety, and fear. Include anything and everything you can think of while it is still fresh in your mind.
- Be sure to keep copies of everything. This includes the police report, insurance exchange forms, witnesses’ contact information, and any correspondence from the insurance companies. Witnesses can make or break your personal injury claim so it is important that your TrueCounsel attorney can get in contact with them.
- Take photos of your physical injuries and damaged motorcycle. Photos of cuts and bruises is invaluable evidence of how injured you are from a motorcycle crash. In the event your case went all the way to trial, which is very unlikely, juries love seeing photos and having physical evidence they can hold in their hands.
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Compensation, Settlements, and Case Value
When you are involved in a motorcycle accident, you should always avoid acting out of fear or anger. We understand your emotions may be reaching a boiling point, but we know how to quench that motivation for getting what you deserve. While it may feel like accepting a quick settlement offer from the at-fault driver’s insurance company is the right move, the offer is substantially less than what you will receive after retaining a TrueCounsel motorcycle attorney. Experienced personal injury lawyers like ourselves know how to quickly and ethically increase the value of your claim so that you receive every penny that you deserve.
What Is My Case Worth?
The settlement value of your accident claim depends on several factors. As you can imagine, every case is unique and will be valued differently. Typically, the settlement value depends on the value of your medical expenses and the amount of pain and suffering you have endured. It will increase quite a bit if you have had to miss work and are permanently injured.
In almost every motorcycle accident case, the settlement value cannot be determined until you are finished treating for your injuries or have reached a point called maximum medical improvement. In very serious motorcycle wrecks that result in catastrophic injuries, the value of the case can be calculated sooner because the injuries are typically permanent in nature and we don’t need to wait and see how things will play out.
While it is not possible for us to give you a dollar figure without knowing all the details of your specific case, you can visit this page to learn more about what goes into determining how a motorcycle accident settlement is determined.
What Types of Damages Can I Get?
Damages are what we call the various types of ways you have been affected by the wreck. Your motorcycle crash attorney will talk to you about all the various types of damages you may be able to receive and will divide them into two categories; economic damages and non-economic damages.
- Economic damages are losses that are easily calculated, such as medical expenses and lost wages. You will have solid proof of what your medical bills are, as well as the amount of work you missed or will continue to miss in the future. While insurance companies will still fight hard before paying compensation for either, they are much easier to recover after a motorcycle accident than non-economic damages.
- Non-economic damages are losses that are difficult to place a dollar value on. How much money compensates a person for the physical and emotional pain that they felt because of their injuries is very difficult, if not impossible to calculate because everyone experiences them differently. Non-economic damages include losses such as pain and suffering, loss of enjoyment of life, and emotional distress.
How Long Will It Take to Reach a Settlement?
In most motorcycle accident cases, we will need to wait until you have finished treatment before we begin negotiating with the insurance company. We understand you may be in a financially difficult position, but a settlement is final. Insurance companies will not pay out multiple settlements. If we agree to a settlement early on while you are treating, it will not fully and fairly compensate you for all of your injuries and losses.
Typically, settlement negotiations will begin a month or two after you are finished treating. Your motorcycle attorney at TrueCounsel will meet with your doctors and discuss whether you will need future medical treatment, such as chiropractic appointments twice a month for the next two years, as well as whether your injuries are permanent and will cause you to have some kind of restrictions in the future.
Your injury lawyer will compile all this information, including how the accident happened, the injuries you suffered, the impact the injuries have had on your life, missed work if applicable, and the future outlook on your health and any impacts on your job will be incorporated into what is called a settlement demand. The demand is sent to the insurance company for them to review, and also includes copies of all your medical bills. Typically they take about a month to look this over. From that point on, verbal negotiations will be between your attorney and the insurance adjuster.
You can realistically expect to receive a settlement anywhere between three months and 12 months after you are finished treating.
Who Pays the Settlement in Motorcycle Accident Cases?
In 99.9% of motorcycle accident cases, the settlement will be paid by an insurance company. This causes some riders to question how the process works such as where does the money comes from, what if the driver did not have insurance, etc. We love speaking with riders and will readily answer any and all questions you have if you give us a call or meet in-person.
What Does a Motorcycle Accident Attorney Cost?
All motorcycle accident cases are taken on a contingency fee basis. That means you do not pay your attorney a retainer fee or on an hourly basis. The attorney will take a percentage of the settlement he can recover for you. If the attorney is unable to get you a settlement for any reason, then you owe the attorney nothing.
At TrueCounsel we believe you deserve more money, so we charge lower attorney fees.
Do I Have A Case?
A motorcycle wreck case is based on the elements of negligence, which includes duty, breach of the duty, causation, and damages. Determining duty is fairly easy because all drivers owe a duty to obey traffic laws and safely operate their vehicles.
The next element requires that you show the at-fault party failed to obey a traffic law or operated their vehicle in an unsafe way. Finally, you are required to show your injuries are causally related to the accident, meaning you prove that your injuries were caused by the accident. This is very easy in some cases, while significantly difficult in others when the rider had a pre-existing injury.
Our Promise to You
We know something isn’t right when injury lawyers flaunt the money they win. We don’t fight for bragging rights, we fight for people. You come first.
We know that complexity is the last thing you want after an injury. TrueCounsel commits to explaining the process clearly, and in as much time as you need.
We know that fighting for an injury settlement takes intellect and perseverance. We will relentlessly fight for the result that generously gets your life back on track.
Types of Motorcycle Accidents
While motorcycle collisions are referred to as accidents, the truth is that someone is always to blame. It is more accurate to refer to them as motorcycle collisions, motorcycle crashes, and motorcycle wrecks rather than accidents. An accident implies someone just goofed up and isn’t responsible for their actions. There are no true “accidents” or “flukes.” The choices we make lead to consequences. People must be held responsible for the choices they make and the consequences that result from those choices.
To say something was not an accident can be taken as if they did it on purpose. While they will typically be referred to as accidents, a crash is always caused by someone’s negligence. If the driver acted negligently, then they are responsible for the injuries they caused.
- Drunk Driving Accidents
- Negligent Driving Accident
- Products Liability Accidents
- Left-Hand Turn Accidents
- Rear-End Accidents
- Red Light Accidents
Trust The One Who Rides™
TrueCounsel founder and managing partner, Jeremy D. Earle, JD is not only one of the best motorcycle accident attorneys in Colorado, but he has also been riding motorcycles since he was 18 years old. Jeremy has owned five motorcycles throughout his riding career, including a Yamaha R1 and a Kawasaki 450F motocross bike. He currently rides a Victory Cross Country Tour with his wife riding on the back every mile. There is nothing they love more than riding a curvy Rocky Mountain road.
When you’re injured in a motorcycle accident, you deserve to have lawyers who keep your best interest at heart. We understand the pain, distress, and confusion that comes from being in a motorcycle wreck, and we’re committed to helping you recover.