Colorado is known for its beautiful nature, making it the perfect spot to drive motorcycles. Unfortunately, motorcyclists are also prone to being involved in the worst accidents due to their size and lack of protection against larger vehicles. At Dan Caplis Law, we are dedicated to protecting the rights of motorcyclists who have every right to the road as other motor vehicles. Fort Collins Motorcycle Accidents can occur for various reasons, including inattentive drivers, and motorcyclists may be wrongfully blamed due to their perception of being reckless. Don’t let insurance companies bully you into less than what you deserve. If you are a victim of a motorcycle accident, contact our Fort Collins personal injury attorneys at Dan Caplis Law today for your consultation and start your path toward the justice you deserve. Call us at (970) 785-5000.
Pick Dan Caplis Law For Your Fort Collins Motorcycle Accident Claim
Your choice of representation will be the most important decision in the outcome of your Fort Collins car accident claim. Here’s why Dan Caplis Law should be your choice:
- We have a team full of experienced motorcycle accident lawyers in Fort Collins if your case goes to trial
- Our successes in personal injury claims include multiple million dollar settlements for our clients.
- You only pay if your case is successful under our contingent compensation model.
- We will keep you up to date with every development in your claim.
If you or a loved one have been involved in a motorcycle accident and sustained serious, catastrophic injuries, contact our catastrophic injury lawyers in Fort Collins today.
Helmet Laws in Fort Collins Motorcycle Accident Claims
The usage of a helmet can be an important consideration in Fort Collins motorcycle accident claims. The negligence of the parties and the extent of the injury can be proven based on the evidence of a helmet. Helmet laws in Fort Collins motorcycle accident claims are governed by C.R.S. § 42-4-1502:
“(4.5)(a) Except as provided in paragraph (c) of this subsection (4.5), a person shall not drive or ride as a passenger on a motorcycle or low-power scooter on a roadway unless: (I) Each person under eighteen years of age is wearing a protective helmet of a type and design manufactured for use by operators of motorcycles; (II) The protective helmet conforms to the design and specifications set forth in paragraph (b) of this subsection (4.5); and (III) The protective helmet is secured properly on the person’s head with a chin strap while the motorcycle is in motion. (b) A protective helmet required to be worn by this subsection (4.5) shall: (I) Be designed to reduce injuries to the user resulting from head impacts and to protect the user by remaining on the user’s head, deflecting blows, resisting penetration, and spreading the force of impact; (II) Consist of lining, padding, and chin strap; and (III) Meet or exceed the standards established in the United States department of transportation federal motor vehicle safety standard no. 218, 49 CFR 571.218, for motorcycle helmets.”
The statute mandates that all motorcycle riders and passengers under the age of 18 are required to wear a helmet that is approved by the Colorado Department of Transportation while either driving or riding a motorcycle. For riders and passengers over the age of 18, the usage of a helmet is optional.
Comparative Negligence in Fort Collins Motorcycle Accident Claims
Comparative negligence is a legal principle in which a victim’s recovery may be reduced or even completely barred if the victim was found to be negligent in the accident. In Fort Collins motorcycle accident claims, a system known as “modified comparative negligence” governs under 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.”
In a modified comparative negligence system, the victim will have their recovery of damages reduced to the extent they are found responsible for their injuries. However, this only holds if they are found to be less than 50% at fault. If the victim is found to be 50% or more at fault, then they are barred from any recovery at all. This can be substantial for factors such as not wearing a helmet, reckless driving, etc. Our lawyers at Dan Caplis law will meticulously go through evidence to make sure your case is presented in the light most positive to your claim.
Contact Our Fort Collins Motorcycle Accident Lawyers Today
At Dan Caplis Law, we believe that all motorcyclists should be able to enjoy Colorado’s beautiful scenery. Insurance companies and aggressive defense firms will try to paint motorcyclists in a bad light when a Fort Collins motorcycle accident occurs. We are here to pushback against these threats and make sure you get the compensation you deserve. Don’t hesitate to start your claim for justice today. Call us or contact us online for your free, no-risk consultation and find out how we can assist you.