Denver Lawyers for Motorcycle Accidents Caused By Another Driver’s DUI
If you were riding your motorcycle and were injured in an accident with someone who was driving under the influence of alcohol or drugs, you might be entitled to compensation in a personal injury case. At The Bourassa Law Group, our legal team has experience representing motorcycle clients who suffered from others’ wrongdoings. We will work hard to prove someone else was at fault for the crash and seek the justice you deserve.
According to state laws, no one is allowed to operate a vehicle when their driving abilities are impaired or they’re under the influence of drugs or alcohol. A person is considered impaired if their blood alcohol concentration (BAC) is between 0.05% and 0.08%. However, they’re under the influence if they have a BAC of at least 0.08%.
The other driver’s decision to get behind the wheel despite diminished physical or mental faculties put you in harm’s way. You deserve to pursue financial compensation for the medical treatment and other expenses you incurred due to their misconduct. When you hire the Denver motorcycle accident lawyers of The Bourassa Law Group, we will advocate for your rights and stay by your side until the very end of your case. Call us today at (303) 331-6186 for your free consultation and learn more about what we can do for you.
Common Symptoms Associated with Driving Under the Influence
When someone drives a car, truck, or another vehicle, by law they must be in complete control. There are various obstacles a person can face while on the road, and the driver should have the ability to prepare for them and avoid an accident. Unfortunately, alcohol and drugs prevent drivers from operating their vehicles safely.
The most common side effects of driving under the influence of alcohol or drugs are:
- Loss of muscle control or coordination
- Slower reaction time
- Decreased alertness
- Poor decision making
- Altered sensory perception
- Loss of consciousness
- Inability to notice dangerous situations
If you cross paths with someone you believe has been drinking or is under the influence, you should pull over and let them pass your motorcycle. You could avoid a deadly crash by putting as much distance between you and the other vehicle as possible.
Give Yourself the Best Chance of Recovery by Following These Steps
After a motorcycle accident occurs, you should take immediate action. Allowing too much time to pass before seeing a doctor or gathering evidence could diminish your chance of securing adequate compensation.
After leaving the accident scene, go to a nearby hospital or make an appointment with your doctor as soon as possible. If you wait long between the crash and your initial doctor visit, that could impact your case negatively.
Insurance companies typically want to save money. They will investigate your claim and look for evidence that your injury didn’t happen or that maybe the accident was your fault instead of their policyholder’s. If they see gaps in treatment, they could use that to offer a low settlement or deny your claim entirely. So it’s crucial that you begin treatment immediately after the accident and don’t stop attending appointments until you heal.
You should also hire an attorney to handle the legal aspects of your case. If you’re unfamiliar with the process, paperwork, and deadlines, you could end up losing compensation that could be owed to you.
We know how to communicate with the insurance company, negotiate for a fair settlement, and handle any roadblocks that get in our way. We can investigate the accident, gather evidence to prove that the other driver was under the influence, and aggressively pursue the maximum compensation you deserve.
How Insurance Claims Work After a Motorcycle Accident
Car owners in Colorado must purchase and maintain auto insurance with liability coverage. There are minimum limits required on the policy, but there’s an option to add higher coverages if the policyholder wishes to do so. The minimum liability limits are:
- $25,000 for bodily injury or death to one person
- $50,000 for bodily injury or death to more than one person
- $15,000 for damage to personal property
The fault system in Colorado allows accident victims to pursue compensation from the negligent driver’s liability insurance company. If the other driver was under the influence, and that contributed to the crash, you could file a claim and hold them liable for your injuries.
Filing a liability claim could get you compensation for multiple financial, emotional, and physical losses, including:
- Property damage
- Emotional distress
- Lost wages
- Lost future earnings
- Medical bills
- Pain and suffering
- Lost enjoyment of life
- Loss of consortium (claim filed by a spouse)
The other driver might not have liability coverage, despite it being a law, or limits high enough to compensate you for all your losses. If that happens, you could file a claim with your own motorcycle insurance carrier. Uninsured/underinsured motorist (UM) is optional coverage in Colorado, but if you included it on your policy, you could seek the following losses:
- Medical expenses
- Pain and suffering
- Property damage
- Lost wages
- Lost earning capacity
Driving under the influence of alcohol and drugs is a reckless decision that puts others in danger. After an accident, you have the option to sue the at-fault driver and bring them to court. However, it’s important to note that a civil lawsuit is different from a criminal case.
Criminal cases are for issuing a penalty against the defendant, such as jail time or a fine, while civil lawsuits involve recovering monetary losses for the victim. When you file a lawsuit, you’re pursuing compensation from the negligent motorist’s auto insurance company and potentially punitive damages.
Punitive damages aren’t a financial award for the victim. Instead, these damages are intended as punishment for the defendant’s actions. You can only secure this type of judgment if you’re able to provide the jury with clear and convincing evidence that the other motorist was wanton and willful in their actions to get behind the wheel despite being under the influence.
If you decide you want to file a lawsuit, you must do so before the statute of limitations runs out. The statute of limitations details a specific timeframe for bringing legal action against another person in civil court. Colorado has a three-year statute of limitations. That means you have three years from the date of the accident to sue, or you’ll likely lose your opportunity to hold the driver accountable in court for what they have done.
Why Choose The Bourassa Law Group?
Evidence is essential in any personal injury case, especially when it involves an impaired driver. If you don’t have proof that someone else’s actions led to the crash, you’ll have a hard time convincing an insurance company or jury that you deserve compensation for your losses.
Insurance companies will use every tactic they can to avoid paying you. They typically also have experienced defense attorneys to represent them in lawsuits. That makes it more challenging for unrepresented accident victims, especially if they don’t know how to handle the legal process.
When you hire The Bourassa Law Group, our legal team can take on the responsibility of your case. You won’t have to worry about the accident investigation, collection of evidence, deadlines, or other confusing and complicated aspects.
We will exhaust all resources to track down and secure all available critical evidence that proves the other driver’s actions led to the crash and your injuries. Some of the evidence we might need to obtain includes:
- Video surveillance of the accident and the driver before they got in their vehicle
- Police report
- Receipts, bank statements, and other documentation showing the defendant purchased alcohol before driving
- Your medical records and medical bills
- Statements from eyewitnesses
- Results from chemical tests taken from the other motorist
- Accident scene photos
- Repair estimates for the damage to your motorcycle and other vehicles involved
- Copies of all insurance policies
- Documents from a criminal case against the negligent driver
We know this has been a harrowing ordeal for you and your family. While you’re treating your injuries, you might face economic struggles from the expensive medical bills and other costs associated with the accident. Motorcyclists often suffer severe and debilitating injuries that take a long time to recover from. You can depend on The Bourassa Law Group to be there for you every step of the way and help you get through this.
Contact The Bourassa Law Group for Your Free Consultation
The Bourassa Law Group takes time to get to know every client that walks through our doors. We will thoroughly review your case and determine the best course of action for achieving your goals. We will keep your interests in mind as we’re pursuing the compensation you need to cover your losses. Our team of lawyers believes in providing quality customer service and transparent communication from start to finish of the legal process.
You’re not just a number to us. We will provide the one-on-one attention you rightfully deserve. We don’t just treat our clients as clients. We treat you like family. You’re our priority, and we want to ensure we exceed your expectations and reach a favorable outcome in your case. Our representatives are available 24/7, so you can contact us when you need us the most.
If a driver was under the influence and caused your injuries in a motorcycle accident, do not hesitate to reach out to The Bourassa Law Group to discuss your case. We will meet with you at our offices for a free consultation and determine if you’re entitled to compensation. Call us at (303) 331-6186 right now.
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.