Motorcycle accidents can lead to life-altering injuries and pain. At The Ferrell Law Firm, we have negotiated settlements on behalf of many motorcyclists who were hurt while going out for a ride. We understand the unique challenges you face, including more serious injuries and bias against you from insurance adjusters. Contact our office to speak with a motorcycle accident lawyer in Colorado. Below, we look at the most important information regarding settlements. We are happy to explain more about the process in a free consultation.
Common Motorcycle Injuries
Motorcyclists can suffer some brutal injuries in a collision. Unlike motorists in an SUV or car, motorcyclists lack physical protection. Instead they suffer a direct, painful impact when they crash into a car and are tossed from their bikes.
Some of the most serious injuries include:
- Back injuries
- Herniated disc
- Spinal column injuries
- Fractures
- Shoulder injuries
- Road rash
- Traumatic brain injuries
- Paralysis
- Friction burns
- Disfigurement
Although some injuries might heal quickly, others will leave our clients with lingering disabilities. A moderate concussion, for example, can result in disability more than 5 years after the accident. The severity of injuries is one factor that goes into calculating motorcycle accident settlement amounts.
What is the Average Motorcycle Accident Settlement in Colorado?
Reliable statistics are hard to come by. Each accident depends on its own facts, so someone with more serious injuries will receive more in compensation than someone whose injuries heal within a week.
Here is a rough estimate of how much you might receive in a crash:
- Minor injuries. Heal within weeks and leave no ongoing disabilities or permanent scarring. $15,000-$40,000.
- Moderate injuries. Require months away from work, rehabilitation, and rest. Pain is much more considerable, so the range is probably $40,000-$60,000.
- Serious injuries. These injuries will require lengthy time away from work to rehab. Someone with these injuries could have permanent scarring, which can leave them with emotional distress. The range is probably $60,000-$120,000.
- Catastrophic injuries. These injuries leave someone with lifelong disabilities. Some examples include amputation, permanent brain injury, or spinal cord damage. These injuries can be worth more than $100,000 and into the millions.
Of course, you might not receive as much. The defendant might not have the resources to pay $1 million for someone who is permanently disabled below the waist.
How Much is Your Claim Worth?
The average motorcycle accident settlement amounts do not really tell you anything about how much you might receive. When we negotiate settlements, we always point to the specific facts of your case.
Some of the most important factors include:
- Severity of your injuries. More serious injuries tend to cost more money. You need more expensive medical care, and serious injuries keep motorcyclists out of work as they recover. Also, serious injuries warrant more compensation for pain and suffering.
- Disability. Are you still disabled after reaching maximum medical improvement? At that point, additional medical care will not improve your condition. If so, you can have ongoing medical needs and loss of earning capacity.
- Helmet use. Wearing a helmet is a simple way to reduce the severity of your injuries. If you fail to wear one, then a defendant can claim you did not mitigate your damages, so you deserve less.
- Comparative negligence. A motorcyclist’s own negligence can reduce their compensation. Under our negligence law, a personal injury victims’ compensation is reduced by their share of fault. (Colorado Revised Statutes § 13-21-111.)
- The defendant’s resources. Some defendants have larger insurance policies than others, while some drivers are completely uninsured. The defendant’s resources can limit the amount of compensation you receive.
Consult an experienced motorcycle accident lawyer in Colorado to discuss your accident.
How Colorado Motorcycle Laws impact your Case
Colorado has many laws designed to make riding a motorcycle safe, for you and the rest of the public on the road. A violation of one of these laws could undermine your ability to seek compensation.
- Helmet use. C.R.S. § 42-4-1502 requires that riders and passengers under age 18 wear a helmet approved by the Department of Transportation.
- Eye protection. All riders, regardless of age, must have adequate eye protection.
- Appropriate endorsement. Colorado requires that you have proper endorsement before you can legally ride a motorcycle.
- Motorcycle requirements. Colorado has detailed rules for motorcycles, including at least one headlamp and one tail lamp, one rear reflector, brakes, and mirrors. You should ensure your motorcycle meets the law.
- Lane splitting. It is illegal to lane split in Colorado. You cannot pass another vehicle while in the same lane. However, lane filtering (riding between stopped vehicles) became legal in Colorado in 2024.
If you engaged in illegal activity, or if your motorcycle does not comply with the code, then you could be partially to blame for an accident. That could possibly result in less compensation.
Under C.R.S. § 13-21-111, an injured victim cannot receive any compensation if their share of fault is “as great as” the defendant’s share. That means you cannot be 50% to blame, or you will receive nothing.
Any lesser share of fault (49% or less) will reduce compensation proportionally. Suppose your settlement is worth $100,000 but you were 30% at fault. You would receive $70,000 at most after factoring in your share of fault.
Why Motorcycle Accident Cases Are Challenging
Anyone injured by another motorist’s negligence has a clear right to demand compensation or even file a lawsuit. However, motorcyclists face unique hurdles to being treated fairly.
One problem is insurance adjuster bias. Some adjusters believe motorcyclists are naturally dangerous drivers. They will believe most motorists who claim you cut them off, were lane splitting, or weaving in and out of traffic. The adjuster might discount your own version of events.
You need an experienced lawyer to help. We can bolster our version of what happened with objective evidence, such as security camera footage from a nearby business or a third-party witness.
Speak with a Motorcycle Accident Lawyer in Colorado
The Ferrell Law Firm has negotiated settlements for our clients hurt in all types of motor vehicle wrecks. Call us today to schedule your free consultation at 720-687-2795.