Motorcycles are a source of freedom and enjoyment to drive in the beautiful surroundings of the Colorado roads. Unfortunately, they are also a source of potential accidents given the lack of protection in comparison to larger vehicles. If you find yourself dealing with the aftermath of a motorcycle accident, our Colorado Springs motor vehicle accident attorneys at Dan Caplis Law is here to assist you. We will fight for every penny that you deserve. With over 40 years of experience, we will make sure that no one tries to bully into a settlement that does not represent the value you are entitled to. Our skilled team of lawyers will gather the evidence to present your claim in the best light possible. Don’t hesitate to reach out today. Call Dan Caplis Law at (303) 770-5551 and learn how our motorcycle accident lawyers in Colorado Springs can assist you in your claim.
Why Dan Caplis Law is the Choice to Represent You in a Colorado Springs Motorcycle Accident Claim
With so many firms vying for your attention, it may be difficult to cut through the noise and find legitimate representation. Here’s why our clients continue to choose Dan Caplis Law in Colorado Spring motorcycle accident claims.
- Motorcyclists are often pushed as being reckless. We know how to combat this bias and assert that motorcyclists have an equal right to the road.
- Motorcycle claims can require nuanced knowledge of motorcyclist-specific laws. Our firm is experienced in making these laws work for you.
- Our clients are satisfied with the millions we have won for them in the past 40 years.
- We have a team full of experienced lawyers – whether your case goes to trial or is settled in negotiations beforehand.
- We operate on a contingency fee – if you win, we win.
- Our office of Colorado Springs motorcycle accident attorneys are available 24/7 for any questions or concerns that might come up.
Lane Filtering Laws in Colorado Springs Motorcycle Accidents
Lane filtering refers to the practice of motorcyclists driving between lanes when vehicles are stopped. The practice is governed under CRS § 42-4-1503:
“(1) All motorcycles are entitled to full use of a traffic lane, and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a traffic lane. This subsection (1) shall not apply to motorcycles operated two abreast in a single lane.(2) The driver of a motorcycle or autocycle shall not overtake or pass in the same lane occupied by the vehicle being overtaken.(3)(a) A person shall not drive a motorcycle or autocycle between lanes of traffic or between adjacent lines or rows of vehicles.(b)(I) Notwithstanding subsections (2) and (3)(a) of this section, the driver of a two-wheeled motorcycle may overtake or pass another motor vehicle in the same lane as the motorcycle if:(A) The overtaken or passed motor vehicle is stopped;(B) The motor vehicles in the adjacent lanes, if the lanes are for the same direction of travel as the lane occupied by the two-wheeled motorcycle, are stopped;(C) The driver of the two-wheeled motorcycle is on a road with lanes wide enough to pass safely;(D) The passing motorcycle is driving at fifteen miles per hour or less; and(E) Conditions permit prudent operation of the motorcycle while overtaking or passing.(II) When the motor vehicles that are being overtaken or passed by the two-wheeled motorcycle begin moving, the driver of the motorcycle shall cease overtaking or passing a motor vehicle pursuant to subsection (3)(b)(I) of this section.(III) A person overtaking or passing pursuant to this subsection (3)(b) shall not overtake or pass:(A) On the right shoulder;(B) To the right of a vehicle in the farthest right-hand lane if the highway is not limited access; or(C) In a lane of traffic moving in the opposite direction.”
What this translates into is that motorcyclists are allowed to drive in between lanes if they do so in a careful manner that adheres to the conditions stipulated in the law. Before the lane filtering laws were authorized, a motorcyclist might be considered automatically in breach of duties towards the road and be found responsible for the accident. Now, the motor vehicle driver must establish that the motorcyclist was negligent and went beyond the legal rights that the motorcyclist has to split lanes. Demonstrating these laws to legal counsel and insurers can be complex, but our Colorado Springs personal injury lawyers ar Dan Caplis Law are here to make sure that the other side does not try to pull a fast one on you.
Comparative Negligence in Colorado Springs Motorcycle Accidents
Comparative negligence is a legal principle in which the victim’s recovery can be reduced or even completely barred if the victim contributed to the accident. Colorado Springs follows a principle of modified comparative negligence which is outlined in C.R.S. § 13-21-111:
“(1) Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.(2) In any action to which subsection (1) of this section applies, the court, in a nonjury trial, shall make findings of fact or, in a jury trial, the jury shall return a special verdict which shall state:(a) The amount of the damages which would have been recoverable if there had been no contributory negligence; and(b) The degree of negligence of each party, expressed as a percentage.(3) Upon the making of the finding of fact or the return of a special verdict, as is required by subsection (2) of this section, the court shall reduce the amount of the verdict in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made; but, if the said proportion is equal to or greater than the negligence of the person against whom recovery is sought, then, in such event, the court shall enter a judgment for the defendant.”
What this means is that the motorcyclist’s recovery would be reduced if the motorcyclist caused the accident. For example, if a jury found that the motorcyclist swerved into traffic and was 30% responsible for the accident, then the recovery would be reduced by 30%. If the motorcyclist’s contributed negligence was greater than 50%, then the motorcyclist would not be able to recover anything at all. Being careful with the evidence presented in key in a Colorado Springs motorcycle accident claim, and Dan Caplis Law will help you to effectively navigate these parameters.
If you have lost a loved one due to the negligent actions of another, contact our wrongful death attorneys in Colorado Springs to discuss your legal options today.
Contact Our Colorado Springs Motorcycle Accident Attorneys Today
Motorcyclists have every right to the road as motor vehicle drivers. Unfortunately, there are some drivers who do not recognize this and furthermore, enlist insurance companies and lawyers to try to battle this fundamental point. At Dan Caplis Law, our motorcycle accident attorneys in Colorado Springs will fight for your rights as a motorcyclist and make sure that you are entitled to the compensation you deserve if you find yourself in a battle with lawyers and insurers. We will make sure that you do not settle for a lowball offer. Our team is here to protect and guide you throughout the legal process. Don’t hesitate to reach out. Contact Dan Caplis Law and learn how our Colorado Springs motorcycle accident lawyers will help you.