Denver Failure to Yield Right-of-Way Motorcycle Accident Lawyers
If you suffered injuries in a motorcycle accident because a driver failed to yield the right of way, contact The Bourassa Law Group for legal representation. You might be entitled to substantial financial compensation for the trauma you experienced. Whether your injury was minor or severe, you have the right to hold the other driver liable for their careless behavior.
When you’re riding a motorcycle, you’re one of the most vulnerable motorists on the road. You don’t have a seatbelt, airbags, and a vehicle frame to protect you. Other drivers have a responsibility to carefully look for and yield the right of way to motorcycle riders. When they don’t, it’s invariably the motorcyclist who will pay the price.
The knowledgeable and experienced motorcycle attorneys at The Bourassa Law Group will dedicate themselves to securing the maximum compensation you need and deserve for your injuries and losses. You can feel confident that your case is in the best possible hands with our award-winning attorneys. To learn more about your legal options and how we can build a solid case on your behalf, call us at (303) 331-6186 to schedule your free consultation.
Failure to Yield Violations
When you’re driving, you’ll likely encounter situations where it’s necessary to yield to other motorists. In Colorado, traffic laws require yielding the right of way under the following circumstances:
- When two vehicles approach an intersection simultaneously, the person on the left must yield to the person on their right.
- When more than one person gets to a 4-way stop, everyone must yield to whoever arrived first.
- When trying to make a left-hand turn or U-turn, drivers must yield to oncoming vehicles, unless they have a green traffic light arrow.
- When changing lanes or passing someone, it’s necessary to yield to the person already in that lane.
- When merging, the driver should yield to anyone already on the road.
- When entering a three-way intersection, the motorist on the road leading to a dead-end must yield the right of way to the driver crossing that road.
- When approaching a red stoplight to make a right-hand turn, that person should check for oncoming traffic and yield to other vehicles.
Failing to yield to a motorcyclist is a common mistake many drivers make. Many people think because they’re in a car, that must mean they have the right of way. Other people know the laws but choose to ignore them. This reckless action alone is dangerous; however, it could result in devastating injuries when it’s combined with other behaviors, such as:
- Speeding or driving too fast for conditions
- Texting or another form of distraction
- Running a red light or stop sign
- Failing to check for other vehicles before proceeding
- Reckless driving
- Impaired by drugs or alcohol
- Fatigued or drowsy driving
Common Injuries Caused by Failure to Yield Motorcycle Accidents
Motorcycles offer minimal protection to riders and passengers. If you get hit by another motorcycle, car, or truck, the chance of getting ejected is high. You don’t have a seatbelt to keep you in place or an airbag to protect your body from the impact. The injuries associated with motorcycle crashes are severe and can result in long-term damage.
Common motorcycle injuries include:
- Head injuries, such as traumatic brain injury and skull fracture
- Significant lacerations and wounds
- Road rash
- Internal bleeding and organ damage
- Broken bones and fractures
- Spinal cord injuries or paralysis
- Loss of limb
Steps to Take Following a Motorcycle Accident
What you do after getting hurt in a motorcycle crash could impact your case and how much compensation you receive. It’s crucial that you gather as much evidence as possible and hire a lawyer.
Step 1: Report the accident and wait for an officer to arrive. They will investigate and let you know when you’re allowed to leave.
Step 2: If you can safely move around, take photos of the scene.
Step 3: Talk to people who witnessed the accident. Write down their names and phone numbers.
Step 4: Obtain the at-fault driver’s auto insurance information.
Step 5: Seek medical attention for your injuries. Follow up with the providers that doctors refer you to, and don’t stop attending appointments until you recover.
Step 6: Request a copy of the crash report. You’ll find useful information for your case.
Step 7: Keep records of everything, such as physician notes and billing statements.
Step 8: Take your motorcycle to a repair shop for an estimate of the damage.
Step 9: Hire a lawyer. We’ll file an insurance claim and negotiate a settlement with the insurance company. If we’re unable to agree on a fair amount, we can file a lawsuit to fight for your full compensation.
How Auto Insurance Claims Work
When you sustain injuries in an accident, the fault system automatically holds the at-fault driver liable for the resulting damages. Damages are all losses associated with an accident. If someone failed to yield the right of way, you could file a claim with their auto insurance company for compensation for your damages.
Every motorist, including motorcyclists, must purchase liability insurance with minimum limits for bodily injury and property damage coverage. When you file a liability claim, you can seek economic and non-economic damages.
Economic damages include:
- Lost wages
- Out of pocket costs
- Motorcycle repair expense
- Medical bills
Non-economic damages include:
- Diminished quality of life
- Pain and suffering
- Loss of companionship or affection
- Emotional distress
- Disfigurement or disability
If you find out that the at-fault driver doesn’t have auto insurance, you can file a claim with your insurance company. UM coverage (uninsured/underinsured motorist) provides compensation when the liable party doesn’t carry insurance, or the limits on their policy aren’t high enough for the total damages.
When you file a UM claim, you can attempt to recover damages such as:
- Medical bills
- Lost wages
- Pain and suffering
- Out of pocket costs
- Motorcycle repairs
Be sure not to admit any amount of fault for the crash. Colorado follows modified comparative negligence, which could prevent you from recovering the maximum insurance limits. Under this rule, your damages decrease by the same percentage of fault you share. In other words, if your damages equal $100,000, but you’re 20% to blame for the crash, you can only pursue up to $80,000 in compensation.
Can I Sue the Driver That Caused My Motorcycle Accident?
Yes. If you want to file a lawsuit against the at-fault motorist, you can. Typically, lawsuits are only necessary if the insurance company denies the claim, won’t settle for a fair amount, or the driver’s actions were particularly egregious.
You can pursue economic and non-economic damages, but a third type is also available in a lawsuit. Punitive damages punish individuals for their behavior and attempt to deter similar misconduct in the future. It’s a rare financial award you can only recover if you can prove that the defendant exhibited acts of willful or wanton conduct, fraud, or malice.
There’s a statute of limitations for motorcycle accident cases in Colorado. If you want to sue the other driver for compensation for your damages, you must follow this strict deadline. The statute of limitations is three years. That means you have three years from the crash date to file a civil lawsuit.
How to Increase the Value of Your Case
Hiring a lawyer from The Bourassa Law Group can improve your chances of recovering the maximum compensation you deserve. If you attempt to handle your case alone, the insurance company might try to take advantage of you. They could trick you into signing a waiver that relinquishes your rights to the full settlement amount or intimidate you into accepting a lowball offer.
When you hire us, we won’t let that happen. We’ll handle every step of the legal process from start to finish. We can investigate the cause of the accident and locate sufficient evidence that proves the other driver was at fault. Some of the evidence we have experience obtaining includes:
- Statements from eyewitnesses
- Crash report
- Security camera footage
- Photos from the accident scene
- Repair estimates and bills for your motorcycle and the other vehicle involved
- Medical records, billing statements, prescriptions, and other documents showing costs you incurred
- All available insurance policies
You should seek legal representation immediately after you get hurt in an accident. Evidence can get lost or destroyed over time. The sooner you hire us, the easier it will be to secure crash scene evidence and anything else that can help us prove the other person’s failure to yield the right of way led to your injuries.
Schedule Your Free Consultation
The Bourassa Law Group will fight assertively to protect your rights and win the maximum financial award. We know you need help after your accident. You might be struggling to pay your medical bills because you’re unable to return to your job. You shouldn’t be responsible for any expenses. We’ll make sure the at-fault driver is held accountable for their actions and provides the compensation you need.
You can depend on our team to provide 24/7 customer service. We’re available when you need us the most to support and guide you through the confusing legal process. You won’t be alone during this traumatic experience. We’ll remain by your side until the end of your case.
At The Bourassa Law Group, we believe everyone deserves affordable legal services. That’s why we take cases on a contingency-fee-basis. That means there are no upfront fees or costs. We don’t expect payment from our clients unless we win.
If you were the victim of a motorcycle accident due to someone failing to yield the right of way, call us at (303) 331-6186 for a free consultation.
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.