When a motorcycle is involved in an accident with a car, the crash can cause massive physical, financial, and emotional damage to the rider.

Motorcycle accidents often result in severe injuries because the rider lacks protection compared to other vehicles. Common injuries include traumatic brain injuries, spinal cord injuries, fractures, and road rash. These injuries often lead to significant medical expenses, lost wages, and long-term rehabilitation needs.

“Motorcyclists have the same rights as any other road user,” says Stephen Burg, Personal Injury Practice Leader at Burg Simpson. As a Personal Injury lawyer at Burg Simpson, he has seen a rise in the number of motorcycle accidents over the past few years.

“There are unique challenges motorcyclists face when seeking compensation after an accident. Insurance companies often attempt to place the blame on the motorcyclist, citing speed, recklessness, or the inherent dangers of riding a motorcycle. This is where experienced legal representation becomes vital and why awareness and advocacy for motorcyclists’ rights has never been more important.”

If the unthinkable happens and you find yourself in a motorcycle crash, there are steps you can take to immediately protect yourself and navigate the insurance process. The motorcycle accident lawyers at Burg Simpson Law Firm offer free case evaluations to help riders quickly find a way forward and seek justice.

What Kind of Accidents Impact Motorcyclists?

A motorcycle crash often occurs after a car makes a left turn in front of the motorcycle, creating a significant collision. In fact, 35% of motorcycle accident deaths happen at an intersection. However, hit-and-run motorcycle accidents are also common since there are not many ways to track down a driver if they leave the motorcyclist at the scene.

Colorado claims the nation’s second-highest rate of motorcycle deaths, with 134 motorcyclists killed in Colorado last year.

How Do Insurance Companies Blame Motorcyclists?

Even if a car driver is at fault for an accident, insurance companies may try to blame the motorcyclist. Insurance companies often adopt societal biases, assuming motorcyclists speed, drive carelessly and make risky decisions. They may also side with the car driver, claiming they couldn’t see the motorcycle due to speed or size.

Motorcyclists face challenges in proving their case. Unlike cars, many motorcycles lack sophisticated event data recorders (black boxes) to document crash data. Accidents can occur in remote areas without witnesses, and reconstructing a motorcycle accident can be difficult and costly.

The physical impacts of an accident also place motorcyclists at a disadvantage. 76% of motorcycle accidents involve a head-on collision. Motorcyclists, however, are 28 times more likely to die in an accident than car passengers and drivers. If a rider sustains enough injuries that they are physically or mentally unable to recount their version of events, then the police and the insurance company may only get one side of the story.

Still, with immediate action, motorcyclists can prevail in their fight for fair compensation. Recently, Burg Simpson handled a case where a motorcyclist was severely injured and lost approximately $3,200 in wages after being hit by a car that turned left in front of him. Thanks to the motorcycle accident lawyers at Burg Simpson, the rider received a significant verdict and had a calculated judgment of $1,668,365.80 in damages after the defense tried to offer him just $265,000.

What Should I Do After a Motorcycle Accident?

After a crash, motorcycle riders should act quickly and be informed. Here are key steps to take immediately after a motorcycle accident:

Get medical care, contact law enforcement, and take photos for evidence.
     Medical records, police reports, and photo/video documentation establish case facts.
Consult a trial attorney before signing anything from the insurance companies involved or the other party.
A motorcycle accident lawyer can fight for your compensation and explain Colorado law.
File an insurance claim promptly.
Make sure all insurance claims are properly set up.
Keep detailed records of everything related to your accident.
Document conversations, out-of-pocket expenses, and any other relevant information.

Insurance may cover:

Economic damages: Lost wages, medical expenses, and out-of-pocket expenses.
Non-economic damages: Pain, suffering, inconvenience, emotional distress, and impairment to quality of life.
Physical Impairment and Disfigurement: Any physical injury that impairs the body from functioning at 100% of how it functioned before the accident. Any scarring or deformities in appearance.

How Can I Protect Myself and My Motorcycle?

There are ways motorcyclists can safeguard themselves on the road. To protect yourself in a crash and during a battle with insurance, follow these tips:

Wear a Helmet

Helmet protection can be the difference between life and death. Of those 134 Colorado motorcyclists killed in 2023, half were not wearing helmets. While it’s Colorado law that riders 18 and under must wear a helmet, it’s encouraged that those 18 and up do so as well. Insurance companies may also try to hold it against you if you do not use protective gear, even if that wasn’t the cause of the accident.

Get an Endorsement

Colorado riders must have a valid motorcycle endorsement, which you can receive by taking a course with Motorcycle Operator Safety Training.

Get Coverage

Uninsured and underinsured motorist insurance will protect you if an uninsured or underinsured driver hits you, but only if you purchase coverage that explicitly includes motorcycles (not just four-wheel vehicles). By law, Colorado riders must also carry liability insurance with a minimum of $25,000 per person, $50,000 per accident, and $15,000 for property damage.

Remember Your Rights

Whether you are gathering information on your own or consulting with a motorcycle accident lawyer, it’s important to be aware of the new legislation:

Starting August 7, 2024, motorcyclists will be allowed to ride between stopped cars in wide lanes under safe conditions at speeds of 15 mph or less.
For civil actions filed after January 1, 2025, motorcyclists can claim increased non-economic damages of up to $1.5 million, and in some cases, up to $3 million.
Ride between stopped cars in wide lanes and safe conditions at 15 mph or less, effective Aug. 7, 2024
The pool of family members eligible to file wrongful death suits has expanded to include siblings if a motorcyclist dies in an accident.

How Can I Find a Motorcycle Accident Lawyer Near Me?

With the right legal help, you don’t have to settle quickly with insurance after a motorcycle accident. Call Burg Simpson for a free and confidential consultation. Their motorcycle accident lawyers have spent decades handling motorcycle injury and death cases and are committed to advocating for the rights of injured motorcyclists and their families while raising awareness about the unique challenges motorcyclists face on the road.

The news and editorial staffs of The Denver Post had no role in this post’s preparation.