Denver Failure to Check Blind Spot Motorcycle Accidents Attorneys
Were you injured on your motorcycle when a driver failed to check their blind spot? If so, contact The Bourassa Law Group, and we’ll help you hold the negligent driver liable for the harm they caused. You deserve financial compensation for the expenses you incurred and the suffering you had to endure. We understand that medical treatment can become expensive. We’ll work hard to ensure the at-fault party pays you what you’re due.
The only protection a motorcyclist has is a helmet, if they’re wearing one, and the clothes they wear. When a driver fails in their duty to check their blind spots and sideswipes or swerves into a motorcycle, a motorcyclist could be easily thrown from their vehicle and suffer broken bones, a head injury, or worse.
Our motorcycle attorneys have helped countless motorcycle victims – we have the skillset and resources needed to build a solid case on your behalf and fight for the justice you deserve. We’ll protect your rights and work skillfully to recover the maximum financial reward available.
You can depend on us to remain by your side to provide support and guidance throughout your whole case. Call us today at (303) 331-6186 if you were the victim of a motorcycle crash. We’re ready to get started.
What’s a Blind Spot?
Blind spots are areas on either side of a vehicle that the driver can’t see without their side or rearview mirrors. Motorists must always check their blind spots before merging into another lane or taking a turn. There could be another car, bicyclist, or motorcyclist that isn’t immediately visible. Motorcycles are especially difficult to see because they’re much smaller than most vehicles.
When any motor vehicle driver is about to change lanes, they’re supposed to use their turn signal to let other people know their intention to merge. They should not only look in their mirrors for other motorists but also look over their shoulder for vehicles in their blind spots or anyone approaching. People who don’t take these precautions can cause an accident.
If you’re riding on a motorcycle, there are things you can do to avoid getting hurt by someone who doesn’t check their blind spots:
- Don’t ride in the blind spot
- Wear bright colors or reflective clothing so drivers can see you, especially at night
- Always turn on your headlights
- If you’re passing someone, speed up, so you’re not in their blind spot for too long
How to Seek Compensation From the Driver
In Colorado, accidents resulting in injuries follow the fault system to determine financial responsibility. That means the person who caused the accident becomes automatically liable for the injured victim’s losses. Typically, the auto insurance company offers a settlement to compensate the victim for the total damages they incurred.
Damages include expenses and intangible losses associated with an injury. All motorists must carry liability insurance with coverage for bodily injury and property damage. These limits provide compensation for damages, such as:
- Medical bills
- Emotional distress
- Lost wages
- Diminished quality of life
- Physical disfigurement or impairment
- Out of pocket costs
- Motorcycle repairs
- Pain and suffering
Economic damages include all the expenses incurred after an accident. Non-economic damages cover the physical and emotional trauma endured. Since it’s difficult to monetize those things, insurance adjusters might use various contributing factors to determine a fair monetary award. Examples include:
- The severity of the injury
- Liability insurance coverage available
- Total economic damages
- Effect of the injury on daily life
- Total income lost due to the inability to work
- Length of time it takes to recover
- Permanent damage from the injury
- Future medical care required
- Relevant evidence proving fault
The Bourassa Law Group knows how to negotiate with insurance companies for a fair settlement amount. We’ll review the details of your motorcycle accident to determine the number you should receive. If the insurance company refuses to settle for the compensation we believe you deserve, we can move forward with a lawsuit.
As the victim of a motorcycle accident, you can sue the driver who failed to check their blind spot for financial compensation. There’s a strict deadline called a statute of limitations that you must follow. In Colorado, the statute of limitations is three years. That means you have three years from the accident date to file a lawsuit.
You can base your case on the legal theory of negligence to prove the other driver’s actions caused your injuries. Negligence is the failure of one party to provide a duty of care to another to prevent harm. The following five elements must exist to prove negligence:
- Duty: The at-fault driver owed you a duty of care;
- Breach of duty: They breached their duty by failing to exercise reasonable care;
- Cause in fact: If it wasn’t for their actions, you wouldn’t have suffered harm;
- Proximate cause: Your injuries were the direct result of their breach; and
- Damages: The accident resulted in injuries and damages.
In addition to seeking economic and non-economic damages in a lawsuit, you can also pursue punitive damages. Rather than compensating your expenses and losses, it’s intended as a form of punishment for the negligent party. You must prove your injuries occurred due to the driver’s act of malice, fraud, or willful and wanton conduct to win this financial award.
What You Can Do If the At-Fault Driver Doesn’t Have Insurance
Even though there are laws requiring drivers to carry auto insurance, some people don’t. If you discover the person that caused your motorcycle accident doesn’t have liability coverage, you can file a claim with your auto insurance company. Uninsured motorist coverage (UM) is optional in Colorado. If you included it on your policy, you could use this to cover some of the damages associated with your injuries.
UM doesn’t compensate most non-economic damages, but it does provide compensation for the following:
- Medical bills
- Lost wages
- Out of pocket costs
- Pain and suffering
- Motorcycle repair expense
You also have the option of stacking your UM coverage. That means you can combine insurance limits listed on your policy from multiple vehicles. For example, if you have $25,000 in coverage for your motorcycle and your spouse has $25,000 in coverage for their car, you could pursue up to $50,000 in compensation if you chose stacked limits on your policy.
Hire The Bourassa Law Group To Handle Your Motorcycle Accident Case
Drivers who don’t check their blind spots can sideswipe motorcyclists and cause severe bodily harm. Insurance claims and lawsuits can be confusing to handle if you’re unfamiliar with the legal process. When you hire us, we’ll take care of everything so you can focus on your medical treatment.
We’ll begin by performing an investigation into the crash and collecting evidence that proves the other driver was at fault. Evidence may include:
- A copy of the accident report
- Eyewitness statements
- Crash scene evidence
- At-fault driver’s auto insurance policy
- Your medical records and associated costs
- Video surveillance
- Repair estimates
We can file an insurance claim on your behalf and submit the evidence we found. We’ll negotiate a settlement with the insurance adjuster based on the value we believe is fair for your total damages. If we can’t reach an agreement, we have the necessary experience and skills to file a lawsuit and take your case to court.
If you’ve been injured in a motorcycle accident, you probably have numerous questions about your legal rights and options. Our attorneys will provide information based on your specific circumstances, but we’ve provided answers to a few questions that may be helpful.
How much does a consultation cost?
You can meet with us for a free initial consultation. We’ll be happy to discuss your motorcycle accident and advise you on your legal options. There’s no obligation to hire us if you decide our firm isn’t the right fit for your needs.
Do I need to hire a lawyer?
No. You don’t have to seek legal representation, but it could increase your chance of recovering compensation. We know the tactics used by insurance companies and defense attorneys to minimize the value of an accident victim’s case. We’ll protect your rights and ensure you receive a fair financial award.
What are common injuries in a blind spot accident?
Motorcyclists are at risk of severe injuries due to the lack of safety features. There isn’t an airbag or seatbelt to prevent blunt force trauma or ejection from the bike. The injuries you’re most susceptible to if a driver crashes into you are:
- Crush injuries
- Road rash
- Traumatic brain injury
- Loss of limb
- Ejection injuries
- Internal bleeding
What should I do if I can’t afford a lawyer?
We know you’re facing financial hardships while paying for your medical treatment and other expenses. We take cases on contingency, so you don’t have to worry about upfront fees or costs. We don’t expect payment unless we recover an insurance settlement or compensation from a lawsuit. If you don’t get paid, we don’t get paid.
What’s modified comparative negligence?
Under this rule in Colorado, an injured victim’s damages decrease proportionately to their percentage of fault. If you share any blame for the accident, you’ll receive lower compensation than you would under normal circumstances. For instance, if you have $100,000 in damages and share 20% fault, you can only pursue up to $80,000 in compensation.
Let Us Help You Fight for Justice
The legal team from The Bourassa Law Group understands what you’re going through. It’s an overwhelming experience. Getting hurt in a motorcycle crash is traumatic. When you find out it’s because of someone else’s negligence, you want to hold that person accountable. We’ll help you win the financial compensation you need to recover from your injuries.
You won’t be alone in this fight. You can depend on us to remain by your side the whole time and support you through this stressful ordeal. If a driver failed to check their blind spot, and it resulted in your accident, call us at (303) 331-6186. Our Denver motorcycle accident attorneys will work hard to prepare a strong case and get you on the road to recovery.
Frequently asked questions
The legal definition of a personal injury is when someone’s failure to use reasonable care in a particular situation results in another person’s physical, emotional, or psychological injury. Personal injury cases often rely on the elements of negligence to prove the responsible party’s actions were the cause of the other party’s injuries.
The length of a personal injury case depends on the type of case and various factors, such as the severity of the injury sustained and the duration of necessary treatment. A car accident case might take six months to resolve, while a wrongful death lawsuit could take two years. It all depends on the circumstances surrounding the case.
No. Whether you got hurt in a car accident or on someone else’s property, you should never speak with their liability insurance company about the claim. They try to save money whenever possible and could attempt to trick you into accepting a low settlement amount or intimidate you into dropping the case. Your Denver personal injury lawyer will handle all communication on your behalf.
It depends. A vast majority of personal injury cases settle out of court. When we file a claim with the insurance company, we’ll submit evidence that proves you deserve compensation for your injuries. Sometimes the insurer is willing to settle. Other times, they deny the claim or provide a settlement much lower than you deserve. Under those circumstances, we will file a lawsuit and take the case to court.
Mediation is a step during a lawsuit where both sides meet to try to reach an agreement. The mediator listens to the arguments on both the plaintiff’s and the defendant’s sides and attempts to resolve the issue. If they can reach an agreement, they will settle out of court, and the case will get dismissed. If they can’t resolve the matter, the case will proceed to trial.