Motorcycle Collisions

Answers to the Most Frequently Asked Questions in Motorcycle Collision Cases.

1. Who can sue based on a motorcycle collision?

Answer: The driver and passenger on a motorcycle can sue anyone who is at fault for the collision. The party at fault may be the driver of a motor vehicle, a pedestrian who runs in front of the motorcycle, or the driver of the motorcycle.

2. What types of insurance cover a motorcycle collision?

Answer: In the event a car collides with a motorcycle and the car is at fault in the collision—the liability insurance from the car would be liable to cover all of the motorcycle driver’s damages, up to policy limits. A motorcyclist may (and should) have uninsured/underinsured coverage on the motorcycle.

In the event a pedestrian was at fault for causing the motorcycle collision, the homeowners insurance policy of the pedestrian will provide a defense and liability coverage.

3. What if the motorcycle driver is partly at fault in the collision?

Answer: Colorado is a “Comparative Negligence” state. This means that a jury will evaluate the comparative negligence of each party on a 100% scale. In the event the parties are determined to be 50-50 negligent, then the motorcycle driver will recover nothing. However, if the motorcycle driver is 40% at fault and the driver of a vehicle is 60% at fault then the motorcycle driver will recover 60% of his/her damages. For example, if the damages are $200,000.00, but the motorcycle driver is 40% at fault the motorcycle driver’s damages will be reduced by 40% and he would receive $120,000.00.

4. What type of investigation should be done regarding a motorcycle accident?

Answer: There should be an investigation done as soon as possible, which would include an interview with the investigating police officer, obtaining witness statements, obtaining photographs of the vehicles, drawings or photographs of the scene of the collision and an analysis of the location where the vehicles came to rest after the collision. It is important to obtain ambulance and emergency room records and interview those witnesses.

5. What type of experts is used in a motorcycle collision case?

Answer: Typically the type of experts may include all of the medical personnel, especially treating physicians or orthopedic surgeons, there may also be an engineer or accident reconstruction expert to analyze the collision, there can also be experts such as vocational/rehabilitation experts, life care planners, economists, and consulting physicians.

6. When do I have to file a Complaint in Court for my motorcycle accident?

Answer: The Statute of Limitations in Colorado is (3) three years for any motor vehicle collision. However, an investigation of the issues surrounding the collision should be done as soon as possible after the collision. If the claim is against the government or public entity (like a school district or RTD) the public entity must receive formal Statutory Notice within 6 months of the collision.

7. What are the chances that my motorcycle collision case will settle out of Court?

Answer: The overwhelming majority of cases (in excess of 90%) of motorcycle collision cases settle, so long as the motorcyclist is not at fault or has minimal comparative negligence.

These frequently asked questions and answers are designed to be general and not specific to any case or issue. Due to the complexity of any legal question, these answers may not take into account important and complicated material. Please consult one of our attorneys for any legal opinions before relying on any of the information on this web site. Please feel free to contact us your case.

For a free initial consultation with Hillyard, Wahlberg, Kudla & Sloane, LLP, call 800-630-2366 or contact us online.