Liability for a motorcycle accident in Colorado typically rests with the party who is at fault for the accident. However, determining fault in a motorcycle accident may not be cut and dry.
A thorough accident investigation must be performed by the motorcyclist or their motorcycle accident attorney to discover fault for the accident. This is vital because the other party’s insurance company will conduct its own independent accident investigation to avoid accident liability.
The other party’s insurance company is likely to use evidence to shift blame for the accident on the motorcyclist, deny their claim, or reduce any payout on their claim. This makes the investigation and claim-building process essential to an accident victim’s physical and financial recovery.
What Might a Motorcycle Accident Investigation Reveal?
A motorcycle accident investigation might reveal that one or more parties bear responsibility for the accident. It may also show that the motorcyclist contributed to the collision.
For instance, the party who caused the motorcycle accident may have been on the job when the accident occurred. If so, their employer may share liability for any accident-related injuries and damages.
Or, the party who caused the motorcycle accident may have done so due to a faulty vehicle system or car part. In this case, the vehicle manufacturer or parts manufacturer may be partially or fully responsible for the accident.
Other liable parties for a motorcycle accident in Colorado may include:
- A city, county, or state government for neglecting to fix potholes or repair inoperable traffic lights;
- A trucking company or commercial truck owner for failing to maintain a vehicle or a train driver; or
- The manufacturer of the motorcycle for not issuing a recall for defective motorcycle parts.
Once fault is established for a motorcycle accident, a motorcycle accident victim must also prove that the liable party was negligent in recovering compensation for their accident-related losses.
Proving Negligence in Colorado
Negligence is a legal term used to describe the failure of one person to exercise reasonable care resulting in harm or injury to another person. A motorcycle accident victim must prove the at fault party was negligent to recover monetary damages from that party.
Proving negligence requires a victim or their attorney to show:
- The other party owed the victim a duty of care;
- The other party breached that duty of care;
- That breach of care was the proximate cause of the victim’s injuries; and
- The victim suffered compensable damages.
Drivers have a duty of care to obey traffic rules and regulations and avoid harming others. Motorcyclists must reciprocate.
Colorado follows a system of comparative negligence meaning liability may be shared between the parties involved in an accident. Therefore, a negligent motorcyclist may be partially liable for their accident-related injuries.
Contact an Experienced Denver Motorcycle Accident Attorney Today
Learn more about liability in Colorado motorcycle accidents by speaking with an experienced Denver motorcycle accident attorney at Kane Dulin McQuinn Young today. Our attorneys have successfully helped injured Coloradoans get the compensation they need for medical bills, vehicle damages, and pain and suffering for more than 20 years.
Kane Dulin McQuinn Young can answer your motorcycle accident questions and address your concerns about accident liability. Schedule your complimentary consultation with a motorcycle injury attorney now by calling our Denver office at (303) 246-1111.