Fault in a Colorado motorcycle crash is usually decided by looking at what each person did, then comparing that behavior to what a reasonable driver should have done. Investigators, insurance companies, and courts look at evidence like police reports, witness statements, photos, and sometimes accident reconstruction to figure out what caused the crash.
Give us a call today at (303) 529-9662 or contact us online to talk with a knowledgeable Aurora motorcycle accident lawyer to learn how our firm can help you fight for justice.
Negligence Is the Basis of Fault
Most motorcycle cases are decided under negligence rules. Negligence means a person failed to use reasonable care under the circumstances. In court, the injured rider must usually show the following four elements:
- Duty of care existed
Everyone using the road has a duty to act reasonably and safely. That duty includes following traffic laws and driving in a way that accounts for other people, including motorcycles. In practice, it means the driver must take normal steps to avoid harming someone who is traveling lawfully.
- That duty was breached
A breach means the person did not meet that reasonable standard of care. You do not have to prove someone intended to hurt you. You just have to show their actions fell below what a reasonable driver would do.
- The breach caused the accident (and your injuries)
Causation connects the conduct to the crash and the harm. The defense may argue their behavior was not the reason the collision happened. They may also claim your injuries came from something else, like a pre-existing condition or a later accident. In general, your medical records, crash evidence, and witness accounts help show that the collision led to the injuries you are claiming.
- Damages resulted
“Damages” is a legal word for the losses you suffered. In motorcycle cases, that often includes medical bills, future treatment, lost wages, loss of earning ability, and pain and suffering. If the other side can poke holes in any one of these elements, they will try to use that to reduce or deny the claim.
Evidence Used to Determine Fault
A case is built by looking at the facts available. The more consistent the evidence is, the harder it is for the insurance company to dispute your claims. Evidence often includes:
- Police reports
- Witness statements
- Photos and video (dashcams, traffic cameras)
- Physical evidence (skid marks, debris, vehicle damage)
- Medical records and injury patterns
- Expert testimony from accident reconstruction
Where the motorcycle ended up can also support one version of events over another.
Traffic Law Violations Often Lead to Determinations of Fault
Traffic violations can strongly influence fault decisions because they show a breach of the basic duty to drive safely. A violation does not automatically mean you win the case, but it is usually persuasive evidence of negligence. Examples in motorcycle cases often include:
- Failing to yield
- Distracted driving
- Speeding or reckless driving
- Unsafe lane changes
- Running a red light or stop sign
- Improper left turns (turning in front of an oncoming motorcycle without yielding)
- Following too closely (tailgating)
- Failing to check blind spots or mirrors
- Opening a car door into the motorcycle’s path (“dooring”)
- Driving under the influence of alcohol or drugs
However, the defense may argue the violation did not cause the crash, or that the rider had a chance to avoid it.
Comparative Fault in Colorado
Colorado uses a modified comparative fault rule. Each side can be assigned a percentage of fault, and the injured rider’s compensation is reduced by that percentage.
If a rider is found 50% or more at fault, recovery is generally not available. If the rider is found 20% at fault, for example, the award is reduced by 20%.
This is why it is not enough to show someone else made a mistake. You also want to limit any attempt to place too much fault on you.
Bias Against Motorcyclists Can Affect Fault Decisions
Motorcycle injuries can lead to assumptions that riders are reckless or speeding. That assumption can show up early in claims, even before anyone reviews the real evidence. A solid investigation can help counter that bias, which is why working with a lawyer is so important.
If you were hurt in a Colorado motorcycle accident, it is smart to get legal help early, especially if fault is being disputed. A Colorado motorcycle accident attorney can review the evidence, challenge unfair fault arguments, and help protect your claim. Contact us today to schedule a free consultation at 303-625-6643.