What is Your Motorcycle Accident Claim Worth?

 Posted on November 30, 2023 in Car Accident

Colorado is no stranger to motorcycle accidents. In 2022, 149 motorcyclists lost their lives on Colorado roads, accounting for 20% of the state’s traffic fatalities.

Following a motorcycle accident, your priority should be taking care of yourself. Depending on your injuries, you may have doctor’s appointments, require physical therapy, and may even need surgery. The healing process can be exhausting, but it becomes even more tiresome if you lack the financial means to cover medical costs.

If you have been involved in a motorcycle accident, our Fort Collins motorcycle accident attorney is here to assist you. Attorney Darby L. Hoggatt is here to provide an overview of how negligence is determined in a motorcycle collision and factors that are considered in an accident settlement.

How is Negligence Determined in a Motorcycle Collision?

A motorcycle collision is most often caused by another party’s negligence. Negligence is a person’s failure to take proper care in completing a task. For you to receive compensation, you must show that the other party was negligent and that their negligence caused your losses.

• Duty: The wrongful party had a duty to exercise reasonable care;
• Breach: The wrongful party broke that duty through an act or omission;
• Causation: Your injuries were a direct result and foreseeable consequence of the other person’s actions; 
• Damages: As a result of the other person’s actions, you have suffered injuries and other measurable losses.

Factors in a Motorcycle Accident Settlement

Many motorcycle accident claims are settled through insurance. Upon submitting your claim, an insurance adjuster will begin an investigation to uncover the cause of the accident and your personal and financial losses.

Several factors will determine your settlement amount:

• The severity of your injuries
• If you suffered any long-term disabilities
• Your mobility
• Your ability to return to work
• How long and difficult recovery will be
• Your emotional and mental state
• Your degree of liability in the crash

Each state has different laws surrounding negligence. In some states, if an individual contributed to an accident to any degree, he or she is barred from recovery. According to Colorado law, you are entitled to compensation as long as the other party is more responsible for the crash.

However, your damages may be reduced to whatever degree you are at fault. Every accident has different factors at play, so this process can take several weeks or even months. 

Importantly, insurance companies will do everything they can to settle your case for as little as possible. The most effective way to protect your rights after an accident is to retain a Larimer County motorcycle accident attorney as soon as possible

Injured in a Motorcycle Accident? Contact a Fort Collins, CO Motorcycle Accident Attorney

A motorcycle accident can disrupt your busy life, with the stress of medical bills and lost wages making recovery even more difficult. If you have been injured in a motorcycle accident, speak with a Larimer County, CO motorcycle accident attorney to find out what legal options may be available in your situation. Contact Hoggatt Law Office, P.C. today online or by calling 970-225-2190 to schedule your free consultation.