A motorcycle accident can happen in seconds, but the consequences can continue long after the crash. Whether you were struck by a vehicle at a busy Denver intersection, involved in a collision on a Colorado highway, or injured because of a dangerous road condition, knowing what to do immediately afterward can help protect your health and your legal rights.
Motorcyclists have less physical protection than people inside passenger vehicles, which can make even a seemingly minor collision result in serious injuries. After an accident, you may also have to deal with medical expenses, motorcycle damage, missed work, and insurance companies while trying to recover.
Understanding the proper steps to take after a crash, and knowing when to contact a motorcycle accident lawyer, can help you make informed decisions about your claim and protect important evidence.
Get Out of Danger and Contact Emergency Services
Your safety should be the first priority after a motorcycle accident. If you are physically able to move and doing so is safe, get yourself away from moving traffic or other immediate hazards. If you have suffered a serious injury or cannot safely move, wait for emergency responders unless remaining where you are creates an additional danger.
Call 911 so police officers and emergency medical personnel can respond to the scene. Reporting the accident also creates an official record that may contain important information about the collision, including the location, people involved, witnesses, and the responding officer’s observations.
Avoid leaving the scene simply because the other driver suggests handling the accident privately. Colorado’s crash procedures require drivers involved in qualifying crashes to stop and address the situation appropriately, including providing information and assistance where required.
Get Checked by a Medical Professional
Even if you believe your injuries are minor, getting medical attention after a motorcycle accident is important. Motorcycle crashes can cause fractures, road rash, head injuries, spinal injuries, and other serious trauma.
Some injuries may not be immediately obvious after a crash. Adrenaline and shock can temporarily mask pain or other symptoms. A medical evaluation gives healthcare professionals an opportunity to identify injuries and establish a record of your condition following the accident.
Common motorcycle accident injuries include:
Broken bones and fractures
Head and traumatic brain injuries
Neck and spinal cord injuries
Road rash and other skin injuries
Internal injuries
Soft tissue injuries
Sprains and strains
Follow your healthcare provider’s recommendations and attend follow-up appointments as advised. Medical records can become important evidence when documenting the nature and extent of your injuries.
Document the Collision While the Details Are Fresh
If your injuries allow and the scene is safe, document as much as possible before leaving the area. Accident scenes can change quickly once vehicles are moved, debris is cleared, or road conditions change.
Take photographs or videos of:
Damage to your motorcycle
Damage to the other vehicle
Your visible injuries
Your helmet and riding gear
Traffic signs and signals
Skid marks, debris, or other roadway evidence
Potholes or other road hazards
The surrounding intersection or roadway
Vehicle positions, when safe to document
You should also obtain the other driver’s name, contact information, driver’s license information, vehicle details, and insurance information.
If anyone witnessed the crash, ask for their name and contact information. Witnesses may later provide useful information about what happened and how the collision occurred.
If you notice nearby businesses, homes, or intersections with security or traffic cameras, make a note of their locations. Relevant footage may not remain available indefinitely.
Preserve Your Motorcycle and Other Important Evidence
Your motorcycle and riding equipment may provide useful evidence about the collision and the extent of your losses.
When possible, keep your damaged motorcycle, helmet, protective clothing, and other equipment rather than discarding or altering them. Take photographs of damaged items and keep repair estimates, towing records, receipts, and other documentation related to the crash.
Preserving this information can be particularly important when the cause of the accident or the extent of the property damage is disputed.
Other records worth keeping include:
Police or accident reports
Medical records and bills
Prescription and treatment receipts
Insurance correspondence
Photos and videos
Witness contact information
Proof of lost income
Motorcycle repair estimates
Handle Insurance Communications Carefully
After a motorcycle accident, you may hear from an insurance adjuster relatively quickly. The insurer may ask questions about how the collision happened, your injuries, and the extent of your losses.
You should generally notify your insurance company as required by your policy. However, be cautious about providing a recorded statement or making detailed comments about fault before you understand your rights.
In particular, avoid:
Admitting that you caused the accident
Guessing about details you do not remember
Minimizing your injuries
Discussing your complete medical history unnecessarily
Accepting an early settlement without reviewing what it covers
Signing documents without understanding their purpose
An insurance company’s initial settlement offer may not account for all of your accident-related losses, particularly when you are still receiving treatment.
If the insurer is questioning liability or asking you to provide a detailed statement, consulting a motorcycle accident attorney before proceeding may help you understand how the conversation could affect your claim.
Know How Fault Can Affect a Colorado Motorcycle Accident Claim
Determining who was responsible for a motorcycle accident can become one of the most important parts of an injury claim. Colorado follows a comparative negligence rule. Under Colorado Revised Statutes § 13-21-111, a person’s recovery can be reduced in proportion to their share of negligence, and recovery is generally barred when that person’s negligence is as great as or greater than the negligence of the party against whom recovery is sought.
For example, insurance companies may argue that a motorcyclist was speeding, failed to maintain a proper lookout, made an unsafe maneuver, or otherwise contributed to the crash. Evidence from the scene, witness statements, police reports, vehicle damage, and other records can be important when responding to these allegations. Because fault can directly affect the amount a person may recover, it is important to preserve evidence that accurately shows how the collision occurred.
Keep Track of How the Accident Affects Your Life
The financial impact of a motorcycle accident can extend beyond the initial medical bill. Serious injuries may require continuing treatment and can affect your ability to work or participate in everyday activities.
Keep records of expenses and losses related to the accident, including:
Hospital and medical expenses
Medication and prescription costs
Physical therapy and rehabilitation
Travel expenses for medical appointments
Lost wages
Changes in your ability to work
Motorcycle repairs or replacement
Damaged riding equipment
Other accident-related expenses
You should also keep a record of your treatment and recovery. Information about ongoing symptoms, limitations, and changes to your daily activities may help document the broader impact of the accident.
When a Motorcycle Accident Lawyer Can Help
Motorcycle accident claims can become complicated when the other driver disputes responsibility, an insurance company challenges the claim, or the injuries are serious. A motorcycle injury lawyer can investigate the circumstances of the crash and help gather evidence such as accident reports, medical records, witness statements, photographs, surveillance footage, and other relevant documentation.
An attorney can also communicate with insurance companies on your behalf and evaluate the losses associated with your injuries. Depending on the circumstances, this may include medical expenses, lost income, property damage, and other legally recoverable losses. 5280 Injury Law’s motorcycle accident practice handles cases involving issues such as distracted driving, speeding, impaired driving, inexperienced drivers, road hazards, and weather-related conditions. The firm also states that its motorcycle accident claim process can involve investigating the crash, collecting evidence and medical records, communicating with insurers, and pursuing litigation when appropriate.
Take Steps to Protect Your Claim
A motorcycle accident can leave you dealing with injuries, medical expenses, lost income, property damage, and uncertainty about what comes next. Taking the right steps early can help preserve evidence and give you a clearer picture of your legal options.
If another driver or other responsible party caused your injuries, speaking with an experienced motorcycle accident lawyer can help you understand the claims process and the compensation that may be available based on the circumstances of your case.
At 5280 Injury Law, the firm’s Colorado personal injury attorneys represent people injured in motorcycle and other motor vehicle accidents. The firm offers a free consultation to review potential personal injury claims.
Frequently Asked Questions (FAQs)
What should I do immediately after a motorcycle accident in Colorado?
Call 911, move to a safe location if you can do so safely, seek medical attention, report the accident, exchange information with the other driver, and document the scene when your condition allows.
Should I see a doctor after a motorcycle accident if I feel okay?
Yes. Some motorcycle accident injuries may not be immediately apparent. A medical evaluation can identify potential injuries and create documentation of your condition after the crash.
Do I need a motorcycle accident lawyer after a crash?
Not every accident requires legal representation. However, consulting a motorcycle accident lawyer may be helpful if you suffered significant injuries, the other driver disputes fault, the insurance company challenges your claim, or you have substantial medical expenses and other losses.
Can I recover compensation if I was partially responsible for the motorcycle accident?
Possibly. Colorado’s comparative negligence law can reduce a person’s recovery according to their percentage of fault. However, recovery can be barred when the person’s negligence is as great as or greater than the negligence of the party from whom recovery is sought. The specific application depends on the facts of the case.
How long do I have to file a motorcycle accident claim in Colorado?
The applicable deadline depends on the type of claim and the circumstances of the accident. Colorado law contains specific statutes of limitations for personal injury and motor vehicle-related claims, so it is important to speak with a Colorado attorney about the deadline that applies to your case rather than relying on a general timeframe. The Colorado General Assembly maintains the state’s current statutes.
