Colorado Motorcycle Laws to Know

  • February 18, 2020

Since motorcycle accidents are going to continue to happen on occasion, and you can’t always prevent yourself from being involved in one, the best way to prepare yourself for a potential motorcycle accident is to understand how the law works for motorcycle accident survivors. 

Your Denver car accident lawyer or motorcycle accident attorney can give you a more detailed idea of what to expect as the law pertains to the circumstances of your case. 

But in the meantime, you can read on to learn more about two of the most important Colorado personal injury laws that could impact your motorcycle accident claim: the statute of limitations and modified comparative negligence law. 

The Statute of Limitations for Personal Injury Claims

Being aware of the statute of limitations is one of the most important aspects of any motorcycle accident claim because it limits the amount of time you have to file your claim in civil court. The statute of limitations in Colorado gives motor vehicle accident survivors a maximum of three years from the date of their diagnosed injury to file a claim. 

This is critical, as failure to file your lawsuit before the statute of limitations expires will result in the loss of an opportunity to both hold the liable party accountable and be awarded compensation for your financial and non-financial losses.

How Shared Fault Works in CO

It is more common than you may think for motorcycle accident survivors to be hesitant to file a lawsuit. This is particularly true in cases where the motorcyclist believes they have contributed to the cause of the accident. The good news is that Colorado does not prohibit those who share fault from being awarded compensation for their losses. 

Colorado follows modified comparative negligence when it comes to motor vehicle accidents and other types of accidents, meaning injury victims can be awarded compensation for their damages as long as they are not more than 50 percent liable for the cause of the accident.

The accident survivor will need to be held accountable for their portion of fault. This is done by reducing the amount of their award in proportion to their percentage of fault. Say, for example, you were not wearing your motorcycle helmet at the time of the accident. The judge may determine you are 10 percent to blame for your injuries, resulting in a 10 percent reduction in your award.