Denver Motorcycle Accident Attorney

Seek Compensation with Denver’s Trusted Motorcycle Accident Attorneys

Every driver on public streets and highways has equal rights under the law. Unfortunately, many motorists treat motorcyclists as second-class citizens. And motorcyclists are 22 times more likely to die in a crash. And 20% of all fatal motor vehicle crashes in Denver, Colorado involve motorcycles.

Dan Caplis Law can level the playing field by using their skills, experience and the necessary experts to prove the truth, rather than have a case determined by a bias against motorcycles.

Our Denver motorcycle accident attorneys have proven their ability to win big in motorcycle crash cases. Dan has extensive experience operating a motorcycle, and Dan and his team understand the unique dynamics of motorcycle crash cases.

If you have been injured in a motorcycle collision, call our firm at (303) 770-5551 to get started.

Should You Hire A Motorcycle Accident Attorney in Denver, Colorado?

In the days following your accident, you may consider what the help of a Denver motorcycle accident attorney can do to make the claims process easier. At Dan Caplis Law, our attorneys have handled many motorcycle accident cases and understand the complexities of each individual case.

When you hire our motorcycle accident attorneys in Denver, you are hiring attorneys who are diligent, compassionate, creative, and dogged in their pursuit of full and fair compensation for your injuries.  Our attorneys understand the laws pertaining to motorcyclists and other motorists, along with the unique challenges that come along with these types of accidents.  

Our Denver motorcycle accident lawyers use their understanding of the causes of motorcycle accidents to investigate crashes and build strong cases on behalf of our clients.  Once those investigations are complete, our attorneys work closely with experts to create individualized legal theories to increase settlement values and win over juries.  While many cases will settle on favorable terms, our attorneys are unafraid of taking your case to trial when the other side refuses to treat you fairly.  

Dan Caplis Law Acts Fast to Preserve Critical Evidence

One of the reasons Dan Caplis Law is so successful in motorcycle crash cases is that we act fast to preserve critical evidence. Most motorcycle crashes leave behind extensive electronic and physical evidence, including “black box” data from all of the vehicles involved, dash-cam and/or G-Pro videos, video from surrounding homes, businesses or traffic cams, physical evidence at the scene, and critical eye witness testimony.

Dan and our motorcycle accident team have on-call highly experienced specialists who are able to rapidly deploy to secure electronically stored evidence, as well as physical evidence and other information from the crash scene.

Dan Caplis and our other motorcycle accident attorneys are available 24/7 to assist the victims of motorcycle accidents. Dan may be reached at any hour by calling 303-770-5551. Dan and his team often personally deploy after hours and on weekends to assist motorcycle accident victims, and to ensure that all of the important evidence is preserved.

Proving the Extent of Injuries Caused by a Motorcycle Accident

There is a much higher rate of life-threatening injuries in motorcycle accidents. Tragically many motorcycle accidents result in the wrongful death of riders, and many of the non-fatal injuries caused by motorcycle crashes are often severe and permanent.

Dan Caplis and the motorcycle accident attorneys at Dan Caplis Law are experts at proving the full extent of the injuries suffered in a motorcycle accident, and the lifetime effect of all of the harms, losses and other damages flowing from those injuries

What Injuries Can Be Caused by a Motorcycle Accident in Denver?

While Dan and our team have seen motorcycle crashes cause almost every type of injury imaginable, some of the injuries that we frequently obtain maximum compensation for include:

• Traumatic Brain Injuries. TBIs are among the most severe consequences of motorcycle accidents. The force of the impact can cause a person’s brain to collide with their skull. This can lead to bruising, bleeding, and tissue damage in the brain. Symptoms of TBIs may include confusion, loss of consciousness, headaches, memory problems, changes in mood or behavior, and more.
• The long-term results of TBIs can be devastating. Dan and our other motorcycle attorneys have a deep understanding of traumatic brain injuries and have a long track record of helping their clients obtain high-level care for brain injuries and proving the full extent of the brain injury and the impact of the brain injury on our client’s life, in order to secure maximum compensation for our brain injured clients.
• The same is true of Spinal Cord Injuries. Spinal cord injuries often occur as a result of the tremendous force involved in a motorcycle accident. We have a very deep understanding of the medicine and all of the different lifetime needs that our clients with spinal cord injuries will have. We have a proven track record of success in securing the very large amounts of money that it will take to provide for those needs for a lifetime. And to ensure that our clients are able to take advantage of any medical breakthroughs in the future.
• Broken Bones and Fractures. Motorcycle accidents often result in multiple fracture injuries. Some of the most common types of broken bones and fractures from these accidents include broken arms and legs, rib fractures that can lead to punctured lungs, pelvic fractures, and facial or skull fractures. We have proven our ability to fully document and prove the long-term impact of such injuries on our clients, so that they may be compensated to the maximum extent possible.
• Psychological Trauma. It is very common for victims of motorcycle accidents to suffer very significant and sometimes debilitating psychological trauma, including but not limited to PTSD.
• The types of trauma victims of motorcycle accidents experience often include PTSD, but may also manifest as anxiety, depression, sleep disorders, and phobias related to driving or traveling on the highway. Psychological traumas can be as debilitating as many physical injuries and can require lifelong therapy and support.
• Internal Injuries. Motorcycle accidents in Denver can cause internal injuries that are not immediately apparent but which can be fatal. Common types of internal injuries from motorcycle accidents include internal bleeding, organ damage, punctured lungs, and abdominal aorta ruptures.
• Burns. Sometimes motorcycle accidents result in fuel spills or fires which can cause severe burns. Such burns can result in death, permanent scarring, severe pain and suffering, loss of use of limbs, and the need for long-term medical treatment and rehabilitation.
• Soft Tissue Damage. Soft tissue damage can cause chronic pain and long-term problems. Some of the most common types of soft tissue injuries caused by motorcycle accidents include whiplash, sprains, bruising, and torn ligaments and tendons. These injuries can cause reduced mobility, suffering, and the need for ongoing medical care such as physical therapy.

Dan Caplis and our other motorcycle accident attorneys are available 24/7 to assist the victims of truck accidents. Dan may be reached at any hour by calling 303-770-5551. Dan and his team often personally deploy after hours and on weekends to assist motorcycle accident victims, and to ensure that all of the important evidence is preserved.

Common Causes of Motorcycle Accidents in Denver

Many motorcycle collisions are the direct result of carelessness on the part of other motorists and users of the road. In fact, the Federal Highway Administration (the “FHA”) released a study reviewing the circumstances that are commonly attendant to motorcycle accidents.  It found that motorcycle accidents occur more frequently in the following situations: 

1. In 43 percent of cases, the “Attention Failure/Distraction/Stress” of the driver of another vehicle was identified as a factor in crash causation.
2. Another driver’s failure to avoid the crash contributed to 60 percent of multiple-vehicle crashes. 
3. Crashes happen more frequently when there is no traffic control as opposed to a stop sign being in place; 
4. Motorcycle crashes are more likely to occur when it is colder; 

What Damages Can You Recover After a Motorcycle Accident in Denver?

In Colorado, motorcyclists injured in automotive wrecks and accidents may be entitled to compensatory damages to make them whole for whatever losses they have suffered.  Compensatory damages will typically fall into two categories: general and special damages.  General damages are damages presumed to flow naturally and necessarily from the negligent act, while special actions are damages flowing from the particular negligent act of the motorist.

More concretely, injured motorcyclists who bring successful negligence cases may recover damages for: 

1. Lost income, meaning the income they lost between suffering the injury and the time of trial or settlement of the case; 
2. Future lost income, meaning income that they will lose in the future as a natural and probable result of the injuries sustained in the motorcycle accident; 
3. Loss of earning capacity, meaning income they would have earned had the motorcycle accident not impaired their capacity to make money; 
4. Pain & suffering damages case; 
5. Loss of enjoyment of life; 
6. Emotional-distress; 
7. Physical impairment; 
8. Medical expenses for the reasonable value of any past and present medical expenses incurred as a result of the injury; and
9. Loss of consortium damages can be sought by the injured person’s spouse for the loss of affection, society, companionship, household services, aid, or comfort they lost from the injured person due to the injury.

Punitive damages are generally not available in motorcycle accidents because they require evidence that the at-fault party acted with the intention of harming the motorcyclist.  

Steps to Take After a Motorcycle Accident in Denver, Colorado

If you are in a crash on a Denver, Colorado road or highway while riding a motorcycle, stay calm in the moments after the accident. Our Denver motorcycle accident attorneys will need as much information as possible to build your case and much of that data needs to be collected at the scene.

Be sure to get the:

• Names
• Addresses
• And insurance information from the other driver

However, do not discuss liability or other facts about the accident until a police officer arrives. If possible, take pictures of the damage and get a copy of the police report.

Contact your insurance company right away and tell them about the accident. Some companies may try to reduce or withhold payment on a claim if the report is not filed soon enough.

Your next step should be to contact the Denver motorcycle accident lawyers of Dan Caplis Law. Legal representation is often necessary to ensure that you collect the full compensation to which you are entitled.

Without a knowledgeable attorney on your side, your insurance company, or that of the other driver, may attempt to settle your claim for far less than it is worth. Because your injuries may require medical treatment for months or even years after the accident, you need to be sure that your expenses will be taken care of.

Call us today at (303) 770-5551 to schedule your free initial consultation. Our firm is ready to help you.

Understanding Denver, Colorado’s Motorcycle Laws

Colorado law is clear: motorcyclists are entitled to all of the legal protections afforded to any other motorist and equally subject to the traffic laws binding other drivers as well.  Colorado’s motorcycle laws are specific on the following points: 

1. require motorcycle riders—both drivers and passengers—to either wear goggles or glasses; 
2. require any motorcyclist under the age of eighteen years old to wear a helmet approved by the Colorado Department of Transportation (“CDOT”); 
3. require all motorcycles to have a footrest for passengers and require all passengers to use those footrests; 
4. require passengers to either ride behind the driver or to ride on the motorcycle’s side in a sidecar; 
5. prohibit motorcyclists from engaging in lane-splitting or lane-sharing with automobiles—though two motorcycles may share a lane by riding side-by-side; and 
6. prohibit “clinging,” or attaching the motorcycle to any other motor vehicle while someone is riding the motorcycle.  

Motorcyclists face greater risks on the road than drivers of ordinary automobiles or trucks, and they are subject to the general laws pertaining to negligence cases in Colorado.  In order to be entitled to compensation for injuries caused by another motorist’s negligence, a motorcyclist has to prove the following elements:

1. Duty: Every motorist—whether driving a car, a truck, a motorcycle, or operating a commercial vehicle such as an eighteen-wheeler—is subject to a duty to act reasonably to prevent harm in situations where injuries could foreseeably be caused by their driving.
2. Breach of Duty: Negligence actions also require an injured motorcyclist to prove that the person who injured them did not behave according to the duty imposed on them by law.  
3. Causation: The law of negligence requires injured people to prove two different forms of causation: (1) direct causation, meaning the person’s breach of duty produced the injury, and (2) that the injury was a foreseeable result of the person’s breach of that duty.  
4. Damages: The injured motorcyclist must prove that the other person’s negligence caused damages to him.  

Negligence lawsuits brought by motorcyclists can often be brought under theories of negligence per se.  A negligence suit alleging per se negligence defines the duty imposed on the other person as the duty defined by statute, and the person breaches that duty if he or she does not comply with that statute.  However, a negligence per se claim can only be brought if the resulting injury was a foreseeable result of the violation of the statute.  A good example of a negligence per se case would be a drunk driver hitting a motorcyclist.  

How to Prove Negligence for a Motorcycle Accident in Denver

Proving negligence in a motorcycle accident is a complicated endeavor.  As previously stated, a lawsuit can be brought on behalf of an injured motorcyclist under a theory of negligence or negligence per se, but, in either instance, these allegations must be proven with evidence.  

In forming a theory of negligence, the following are a few of the factual scenarios an experienced motorcycle accident lawyer will want to review to determine if the following factual scenarios were present in their client’s crash:

1. The attorney will want to obtain cell phone records from each party to determine if the motorcyclist or other drivers were using their cell phones at the time of the crash; 
2. Our Denver motorcycle accident lawyers will want to interview all of the witnesses who were present at the scene of the crash; 
3. To the extent possible, the attorney will want to review the maintenance history of all motorcycles or automobiles involved in the crash to ensure proper maintenance of both vehicles; and
4. The motorcycle accident lawyer in Denver will also want to review any medical records from the scene to determine if all of the parties were sober.

This list is not exhaustive because every case is different.  

That said, our skilled motorcycle accident attorney in Denver will quickly investigate the crash and then present the evidence he or she finds to an automotive crash reconstructionist.  That automotive crash reconstructionist will use the evidence provided by the lawyer to form expert opinions on: 

1. which driver is at-fault for causing the crash; 
2. if the motorcyclist is partially at-fault or at-fault to the extent that he cannot recover in the case; 
3. the role of the environment in which the crash occurred in causing the crash;
4. whether one or both parties were acting negligently and whether that negligence caused the crash; and 
5. whether one vehicle was speeding or otherwise driving unsafely.  

The testimony of the reconstructionist will be critical in proving both that negligent behavior deviating from the standard of care imposed by law actually occurred and that said behavior caused the accident.  

Contact an Experienced Denver Motorcycle Accident Attorney Today

At Dan Caplis Law, our Denver motorcycle accident attorneys have substantial experience in litigating cases on behalf of injured motorcyclists, recovering millions for our clients.  If you have been injured in a motorcycle accident, you may be entitled to compensation.  

Don’t hesitate to file an injury claim. Contact Dan Caplis Law today to get started on your claim by calling (303) 770-5551 for your free consultation. We have won millions for our clients and will fight for your fair compensation.