You must have legal grounds to file a motorcycle accident lawsuit in Denver. This could mean you believe another driver or manufacturer caused the accident due to negligence, such as speeding or using faulty parts. A skilled attorney can help determine if compensation is due and from who.
It can also help to familiarize yourself with the local motorcycle laws discussed below to better understand what you’re up against when filing a lawsuit.
Denver, CO Statute of Limitations
While most personal injury lawsuits must be filed within two years of the incident, you have up to three years from the date of the accident to file a motorcycle accident lawsuit and insurance claim in Denver. But the sooner you file, the faster you can receive your settlement and pay your medical bills.
Even if this is a minor collision and you don’t have any visible injuries, it is still important to visit a doctor who can fully examine you and provide proper documentation. This documentation will help verify your claim later if you seek to collect damages later.
Denver, CO Motorcycle Laws
In Denver, motorcyclists must obey the same laws as vehicle and truck drivers. You must also meet the same liability insurance requirements or face license suspension and up to $1,000 in fines.
Other state traffic laws apply uniquely to motorcyclists:
- Helmets: Drivers and passengers over 18 are not legally required to wear helmets.
- Eye protection: Motorcyclists and passengers must wear eye protection but have their choice between glasses, goggles or helmet visors. Windshields are not acceptable.
- Passengers: There are no age restrictions on motorcycle passengers, but all passengers must ride behind the driver and in a designated seat with footrests.
- Passing: Motorcyclists cannot pass cars or other motorcycles in a single lane.
- Lane sharing: Motorcyclists can ride two abreast in a single lane but cannot share a lane with another full-size vehicle.
- Turn signals: Colorado law does not require motorcycles to be equipped with turn signals, but each bike must have at least one mirror and a working headlight at night.
To earn a Colorado motorcycle license, drivers must be at least 16 years old and pass a written and practical exam. However, drivers over 18 can take a motorcycle operator skills training (MOST) course to add a motorcycle endorsement to their licenses.
Identifying Fault for a Motorcycle Crash
Colorado is a tort state, so you can legally seek damages from the at-fault driver and their insurance company if you’re injured in a motorcycle accident. However, Denver motorcycle accidents follow comparative negligence law, and you can only collect up to the percentage of fault caused by the other driver.
For example, you may be found 10% responsible for a collision where you failed to signal before making a legal turn and were rear-ended by a speeding driver. In this case, you would only be able to collect up to 90% of your damages.
How Can a Motorcycle Accident Attorney Help You?
An experienced motorcycle accident attorney in Denver understands comparative negligence and can help prove if there was a breach of duty that led to your injuries. They also understand the wide range of compensation you are entitled to beyond physical injuries and property damage.
Many of the best motorcycle accident lawyers in Denver help their clients collect special damages, including lost wages, pain and suffering and others you may not immediately realize in the aftershock of a motorcycle crash.