Riding a motorcycle comes with risks. Other drivers sometimes aren’t paying attention or can’t see the motorcycle rider. Even when equipped with helmets, motorcyclists in Denver, Colorado, can sustain severe head trauma in accidents. Understanding how to seek compensation for these injuries is crucial for victims and their families. At Denver Personal Injury Lawyers®, we have helped countless people after a motorcycle accident. We know what to do and how to hold at-fault parties responsible for causing the accident.
Are Motorcyclists Legally Required to Have Helmets in Denver, Colorado?
Here’s an overview of the helmet requirements for motorcyclists in Colorado state.
Colorado’s Helmet Law
In Colorado, all motorcycle riders and passengers under 18 must wear a helmet at all times. This requirement is strict and has no exceptions. Riders who are 18 and older can choose whether or not to wear one, but wearing a helmet is strongly recommended for safety.
Eye Protection
All motorcycle operators, regardless of age, must wear some form of eye protection while riding. This requirement includes all motorcyclists, whether they wear a helmet or not. Suitable eye protection includes goggles, a face shield on the helmet, or glasses made of shatterproof material.
Why Helmets Matter
Although Colorado law allows riders 18 and older the choice to ride without a helmet, it’s important to recognize the significant benefits of helmet use. Helmets significantly reduce the severity of head injuries and increase survival chances in motorcycle accidents. Helmets are about 37% effective in preventing motorcycle fatalities and roughly 67% effective in preventing brain injuries, according to the National Highway Traffic Safety Administration (NHTSA).
Legal and Financial Implications If Not Wearing a Helmet
Opting not to wear a helmet, even if legally permissible, can have serious legal and financial repercussions. In the event of an accident, unhelmeted riders may face higher medical expenses, longer recovery periods, and more severe injuries. Additionally, insurance companies might scrutinize claims more closely if the rider was not wearing a helmet, potentially complicating the process of seeking compensation.
Lack of Helmet’s Impact on Compensation Claims
Helmet use can also influence personal injury claims. Suppose you suffer a head injury while not wearing a helmet. In that case, the at-fault party’s insurance company might argue that your injuries were exacerbated by the lack of a helmet, potentially reducing your compensation. This principle is known as “comparative negligence,” where your actions can impact the amount of damages you are entitled to receive.
However, proving that wearing a helmet would completely prevent a head injury can be tough. While helmets can help with minor injuries like scrapes, it’s harder to show they’d prevent severe injuries from strong impacts. Even if there are doubts about wearing a helmet, you still have a good chance of getting fair compensation. With a capable Denver motorcycle accident attorney on your side, you can navigate your claim effectively and fight for your rights.
Understanding Head Trauma in Motorcycle Accidents
Types of Head Injuries
Motorcycle accidents can cause a range of head traumas from mild concussions to severe traumatic brain injuries (TBIs). Common types of head injuries include:
- Concussions: Frequently triggered by head impacts, leading to temporary cognitive issues.
- Contusions: Brain tissue bruising, potentially causing notable neurological harm.
- Skull Fractures: Cracks in the skull bone, which may lead to brain injuries.
- Diffuse Axonal Injury: Extensive harm to brain cells, often resulting in severe and lasting impairments.
- Hematomas: Blood clots in or around the brain that can elevate pressure on brain tissue.
The Role of Protective Gear
Protective equipment, like helmets, is vital for lessening the severity of head injuries. Helmets are crafted to absorb impact and safeguard the skull and brain. Yet, despite wearing top-notch protective gear, motorcyclists may still sustain substantial head trauma during accidents. The impact forces in motorcycle crashes can surpass the protective capacity of helmets, resulting in severe injuries.
Other Injuries Beyond Head Trauma Common in Motorcycle Crashes
Motorcycle accidents often cause various serious injuries beyond head trauma that warrant compensation. These include fractures and broken bones, commonly found in the arms, legs, and ribs due to the crash impact. Road rash, characterized by severe skin abrasions from sliding on pavement, can result in painful infections and scarring. Spinal cord injuries are also frequent, possibly leading to paralysis or long-term disability. Internal injuries, like organ damage or internal bleeding, demand prompt medical attention and may have enduring health consequences. These injuries underscore the necessity for comprehensive compensation to address medical costs, lost wages, and pain and suffering.
Common Causes of Motorcycle Accidents
Recognizing the typical causes of motorcycle accidents is crucial for constructing a solid compensation case. Some common factors include:
- Distracted Driving: When drivers fail to focus on the road or notice motorcyclists.
- Speeding: Excessive speeds reduce reaction time and escalate collision severity.
- Driving Under the Influence: Impaired drivers present a significant risk to motorcyclists.
- Failure to Yield: When drivers neglect to yield the right of way to motorcycles.
- Road Hazards: Poorly maintained roads, debris, and other obstacles can lead to accidents.
- Weather Conditions: Adverse weather conditions can heighten the risks of riding.
Legal Grounds for Seeking Compensation
Negligence
The majority of motorcycle accident claims hinge on negligence. To establish negligence, you need to show:
- Duty of Care: The driver had a responsibility to ensure your safety.
- Breach of Duty: The driver failed in their duty by behaving carelessly or recklessly.
- Causation: The breach of duty directly caused your injuries.
- Damages: You experienced losses as a consequence of the accident.
Comparative Negligence in Colorado
Colorado follows a comparative negligence system. This signifies that if you bear partial responsibility for the accident, your compensation could be diminished by the percentage of fault attributed to you. For instance, if you are deemed 20% at fault, your compensation will be decreased by 20%.
Steps to Take After a Motorcycle Accident
Seek Medical Attention
Your well-being and safety are paramount. It’s crucial to seek prompt medical care, even if you believe you’re uninjured. Certain head injuries might not manifest immediately.
Document the Accident
Collect as much evidence as you can. Capture photographs of the accident scene, your injuries, and any motorcycle damage. Gather witness contact details and secure a copy of the police report.
Contact an Experienced Denver Motorcycle Accident Attorney
Seek the guidance of an experienced Denver motorcycle accident attorney promptly. At Denver Personal Injury Lawyers®, we’re here to assist you in navigating the legal system, gathering evidence, and constructing a robust compensation claim.
Compensation for Head Trauma in Motorcycle Accidents
Medical Expenses
You are entitled to be compensated for any medical costs related to the accident, including:
- Emergency Room Visits
- Hospital Stays
- Surgeries
- Medications
- Rehabilitation and Therapy
- Future Medical Care
Loss of Income
If your injury hinders your ability to work, you can seek compensation for lost wages, including potential future earnings if your capacity to work is permanently affected.
Pain and Suffering
Compensation for pain and suffering encompasses both physical discomfort and emotional anguish resulting from the accident. This component often constitutes a significant portion of compensation in cases of severe injuries.
Property Damage
You’re entitled to claim compensation for repairing or replacing your motorcycle and any other personal belongings damaged in the accident.
Wrongful Death
In the tragic event of a loved one succumbing to head trauma sustained in a motorcycle accident, the family has the option to pursue a wrongful death claim. This may cover funeral costs, loss of companionship, and other associated expenses.
The Claims Process
Filing a Claim
Your Denver motorcycle accident attorney will assist you in filing a claim with the insurance company of the responsible party. This involves gathering all pertinent evidence and documentation to bolster your claim.
Negotiating a Settlement
Insurance companies frequently attempt to minimize their payouts. Your Denver motorcycle accident attorney will advocate for you to secure fair compensation. This often requires multiple rounds of negotiation.
Litigation
If a fair settlement can’t be achieved, your attorney might suggest taking your case to court. This means filing a lawsuit and presenting your case before a judge or jury. Having an experienced Denver motorcycle accident attorney is essential during litigation to effectively advocate for your rights.
The Importance of Legal Representation
Expertise and Experience
The Denver motorcycle accident attorneys at Denver Personal Injury Lawyers® have a wealth of experience with motorcycle accident cases. We know how complex these cases can be, from dealing with insurance companies to proving negligence and calculating fair compensation.
Personalized Approach
We approach each case with a personalized touch, making sure we fully understand your unique circumstances and needs. This enables us to build a strong case specifically tailored to your situation.
Maximizing Compensation
Our primary objective is to ensure you receive the maximum compensation. We conduct a thorough investigation of each case, gather compelling evidence, and vigorously negotiate with insurance companies to secure the best possible outcome for our clients.
Contact a Denver Motorcycle Accident Attorney for a Free Consultation
Experiencing head trauma in a motorcycle accident, even while using protective gear, can lead to severe consequences. It’s important to understand your rights and the steps to seek compensation to aid your recovery and maintain financial stability. The dedicated team at Denver Personal Injury Lawyers® is ready to assist you throughout this challenging journey.
We provide a free consultation to discuss your case and review your options. Don’t face this difficult time alone—reach out to us today to ensure you receive the compensation you deserve and hold the responsible parties accountable. With our extensive experience, expertise, and dedication, our Denver motorcycle accident attorneys strive to achieve the best possible outcome for you and your family.
Making a Difference in the Lives of the People of Denver
If you or a loved one has been seriously injured in an accident, we are here to help. As Denver Personal Injury Lawyers, you are our priority, we listen to your needs and provide individual attention from start to finish. Through persistence, experience, and legal expertise, we handle the insurance companies and medical providers so that you can focus on recovering.
For more information please contact us at Denver Personal Injury Lawyers® to schedule a free consultation with an attorney today. We have five convenient locations in Denver and its surrounding areas to better serve you.
Denver Personal Injury Lawyers®
1001 Bannock St #8
Denver, CO 80204
(720) 500-4878
Denver Personal Injury Lawyers® | Arvada Office
5610 Ward Rd #300
Arvada, CO 80002
(720) 500-4878
Denver Personal Injury Lawyers® | Aurora Office
3190 S Vaughn Way St #550
Aurora, CO 80014
(720) 500-4878
Denver Personal Injury Lawyers® | Centennial Office
9200 E Mineral Ave #100
Centennial, CO 80112
(720) 500-4878
Denver Personal Injury Lawyers® | Lakewood Office
355 S Teller St #200
Lakewood, CO 80226
(720) 500-4878
