Determining Fault and Liability
in a Motorcycle Accident
When determining fault and liability for a motorcycle accident in Colorado the following factors may be considered:
Lane Splitting Laws in Colorado
Lane splitting can be described as a traffic maneuver whereby a motorcyclist drives between two rows of motor vehicles moving in the same direction. The Colorado Department of Transportation explicitly prohibits lane splitting. Likewise, the CDOT bans overtaking or passing a motor vehicle in the same lane as the vehicle. Motorcyclists are required to pass using a separate lane. If the accident occurred due to lane splitting, the motorcyclist may face civil liability for damages.
Comparative Fault Model
The state of Colorado uses a comparative fault model to determine the available compensation one is able to recover. Under this law, you will only receive compensation if the other party’s liability is determined to be 50 percent or greater. Conversely, you will forfeit any right to receive compensation for your injuries or damages if your liability for the accident was 50 percent or greater.
No Helmet Law in Colorado
In Colorado, motorcyclists aged 18 years and above are not required to wear helmets. However, if motorcyclists, including passengers and operators, are below 18 years, wearing DOT-approved helmets becomes compulsory for them.
How a Personal Injury Attorney Can Help
Being involved in a motorcycle accident or losing a family member can result in devastating, long-lasting consequences. You should consult with a Colorado personal injury attorney to protect your rights and help you pursue fair financial compensation.
Our team at Downs, McDonough, Cowan & Foley have dedicated their careers to protecting the rights of motorcycle accident victims. As experienced personal injury attorneys, we will:
- Review your case and conduct a detailed investigation.
- Gather all necessary evidence and obtain all required documentation.
- Establish fault and liability
- Determine and estimate case-value
- Handle all communication and negotiations with the insurance company
- File a personal injury or wrongful death lawsuit, if necessary.
Our attorneys will fight diligently on your side. We will help you pursue fair financial compensation for your damages, injuries, pain and suffering, or loss.