Motorcyclists are at a higher risk of sustaining fatal injuries during a road crash. Though there are protective gears to prevent riders from significant injuries, it is not always the case.
As such, the laws around motorcycle accidents are different from those for four-wheelers or more oversized vehicles. For example, as the Henningsen Injury Attorneys explain, in most states wearing a helmet and reflective gear is mandatory for motorcyclists.
Before we understand the motorcycle accident laws in Colorado, it is essential to know that the state is no longer a no-fault state. Since 2003, the state of Colorado has adopted the at-fault decree for personal injury cases.
With that being said, let's get you to how the Colorado state considers a motorcycle accident.
Determination of Fault
It is noteworthy that Colorado considers comparative negligence when determining the fault in a personal injury case. As mentioned here https://springslawgroup.com/colorado-springs-motorcycle-accident-lawyer/, personal injury claims would depend on shared negligence of both the parties involved in an accident. For instance, if the injured party is at 10% fault and the other party is at 90% fault, the claim would also be reduced by 10% in its value.
Besides, to successfully receive the claim, the injured party or the plaintiff would need to prove that the other party was more than 50% at fault. Otherwise, the courts would dismiss the claim.
Calculation of Damages
In every personal injury claim, there are usually two types of damages - economic and non-economic. The former includes all the billable expenses, such as the cost of medical treatments and repairs of the vehicle. Whereas the latter include emotional damages, such as pain and suffering.
As such, there are no limits to the economic damages that a motorcyclist can recover. Whereas, for non-economic damages, the limits vary from case to case. It is set at $300,000 for medical malpractice cases and $250,000 for wrongful death cases. It is suggested to confirm the exact details with a personal injury lawyer.
Colorado Statute of Limitations
For car and motorcycle accidents, the statute of limitations in Colorado has been set at three years. The plaintiff (motorcyclist) must file a formal report or bring a case within this time frame from the accident date.
However, the statute of limitations may extend depending upon specific scenarios. For example, if the injuries appeared a year or two after the accident occurred. In such cases, the statute of limitations may then be considered from the date the injuries were diagnosed.
Filing a Claim or a Case
In most road accidents involving a motorcyclist, the plaintiffs have two options to approach - they can either file a claim or file a lawsuit.
The difference lies in the settlement process. Usually, it is the out-of-court settlement that most plaintiffs prefer. It is often followed as soon as the claim is filed with the concerned authorities. A lawsuit is only sought to remedy when the plaintiff and defendant can not come to a mutual agreement.
Now that you know what is involved in a motorcycle accident in Colorado, we recommend taking as many precautions as possible. It is somewhat better to be cautious than to be sorry later.