Showing posts with label denver personal injury lawyer. Show all posts
Showing posts with label denver personal injury lawyer. Show all posts

Friday, August 27, 2010

Personal Injury Lawyer Referrals


The likelihood that you have a friend who has gone through a significant personal injury case is low. So if you do get injured in a car accident or motorcycle accident, you may not know where to turn. Personal referrals are often the best. However even with personal referrals you still need to weigh your options and choose the lawyer you work with best, not just the one someone recommended. If you do know a lawyer or someone who had the misfortune to be involved in a Denver motorcycle crash, then ask that person for advice first.

If you do not really know where to go for a lawyer be cautious. All lawyers are looking to get their name out there with some sort of advertising, whether it be internet marketing, yellow pages, TV ads, or state Bar directories. You must understand that not all of these sources have quality Denver personal injury lawyers. In fact some injury lawyers are downright predatory. One style of lawyer that is considered predatory and not sanctioned by the Bar are ambulance chasers.

Ambulance chasers are injury lawyers that are just looking to use looser civil law to sue anytime anyone gets a serious injury. They often work as an unspoken scam between the plaintiff and lawyer. The plaintiff is basically indirectly told that if they get injured by say, slipping on someone's property that can afford to pay, the lawyer has a good chance of getting a settlement and a check for the both of them.

Physically going to the accident or the hospital to solicit business is against Bar regulations everywhere in Colorado and the rest of the United States. The Colorado Bar does a good job of distinguishing between trustworthy Denver injury attorneys and ambulance chasers.

If you do know a lawyer you trust, they usually have a network of referrals just like doctors and specialists. Every lawyer knows an injury attorney because large injuries can be lucrative. Companies often have insurance which pays settlements before such cases go to court. When selecting a lawyer it is important that they match your wishes in personality, service and goals. Do you want the lawyer to be aggressive as possible? Do you want them to walk you through the process like a coach? Do you just need a settlement as quickly as possible? Have a list of your wants and needs and talk to the accident attorney about them before you decide on who to hire.

Wednesday, June 16, 2010

Insurance Adjusters in Motorcycle Accident Claims




In any injury claim - whether it be negligence, car accident or workplace related - dealing with the insurance company is the most critical step you have to take before going to court. All injury cases are serious, but the high speeds at which motorcyclists ride often cause crashes and injuries that cannot be paid for without insurance help.

It is the insurance company's job to make money and therefore they are loath to pay most claims. They are required by law to pay for any of their insuree's accidents if they were deemed negligent in a Denver motorcycle crash. The expenses that must be paid are: all medical expenses, lost work and income, physical rehabilitation or permanent disabilities, property damage, and the social and emotional losses from the accident.

The last two - social and emotional effects are not as easy to add up as simple property damage and medical bills. So insurance companies use a kind of formula where they multiply the normal damages by a factor to get the number that includes pain and emotional trauma. The usual range is around 1.5x to 5x the normal damages depending on the type of injury. So one of the most important jobs for a Denver injury lawyer is to get that multiplier up as high as possible.

The insurance adjuster takes the formula - general expenses times a multiplier plus lost income to get a starting number. This is the number your Denver motorcycle attorney must show is as much the other person's fault as possible. The process is not over because this number is often negotiated. Then the number is reduced by comparative liability to whatever amount the negligent person was liable for.

Negligence for another's Motorcycle Accident


In most injury or accident cases, the key to the case is proving negligence. If you can show that you did not behave in a risky or negligent way, you have a good chance of winning. There are some situations where car and motorcycle accident liability can be assigned to someone who was not even in the car at the time.

The most common situation where someone who is not at the scene of a Denver motorcycle accident is still sued is when one of their employees was involved in the accident. Case law has ruled that employers have a duty to not let their employees drive if they know them to be in a dangerous state.

The employee must be on the clock or performing a job duty. Denver motorcycle lawyers have successfully argued that a drunk employee allowed to drive home was also the responsibility of his employer. In these situations of vicarious liability, one party is liable for the conduct of the other. So a motorcycle delivery company is liable for their deliveryman.

Some state laws also hold vehicle owners liable for the actions of anyone in their car. Let's say you let your friend drive your car and he crosses state lines, gets into an accident and needs to hire a Denver accident lawyer. In some states, as soon as you give someone permission to drive your car you become another party to any accident claims. Stolen cars are different of course.

Well, experience has taught us that children driving is an accident waiting to happen - and that accident can easily result in a lawsuit against the parents. Allowing a minor or anyone else that they know is incompetent they are eligible for suit under negligent entrustment.

In states where minors can get driver's licenses, the parents my be responsible for any negligent driving when they sign the waiver granting the license. Other incompetent drivers in negligent entrustment are drunk, sick, or you know for some reason they would be reckless. A personal injury lawyer is the first person you should talk to if you have any problems from reckless motorcycle driving.



Tuesday, April 27, 2010

Legality of Lane Splitting


Lane splitting is when motorcyclists weave through traffic in between the marked lanes. Lane splitting is not recognized as legal in most areas, but it is not expressly illegal either. If a traffic accident occurs while a bike is lane splitting, the liability is determined by the Colorado laws regulating lane splitting, the opinion of the officer or judge, and the actions of the car driver and motorcyclist in the accident. Usually the motorcyclist will be liable in a Colorado accident. Some states like California expressly allow lane splitting in a safe and prudent manner.

Because of the proximity of cars during lane splitting, and the fact that most drivers are not watching for weaving motorcycles, lane splitting is the perfect storm for Colorado motorcycle injuries. If there was a motorcycle accident during lane splitting, the blame will usually be placed on the motorcyclist if a Denver personal injury attorney can prove the biker was behaving negligently. If the rider was the cause, they are out of luck in settling a Colorado personal injury claim. There are a few ways your Denver motorcycle accident lawyer can attempt to prove you were not negligent. If you were not speeding and instead riding carefully, are an experienced rider, have completed all safety and licensing courses, and the other driver was behaving more recklessly.

Lane splitting is dangerous and it has a good chance of ending you up in a Colorado traffic court, but if you are going to lane change follow these tips to try and stay safe.

Be alert and aware of the cars around you.
Ride with visible clothing and the headlights on.
Wait until the lanes of cars are moving at the same speed to reduce the chance of a sudden lane change.
Watch the car's blind spot.
Honk if cars get too close.
Pay attention to signs that a driver may be about to change lanes.
Do not zoom between cars, and limit lane splitting to under 30mph driving.

Evidence of your safe driving will make it easier for your Colorado car injury lawyer to eliminate any wrongdoing in the mind of the judge.

Road Debris




Road hazards are especially dangerous for motorcycles. Someything that has little effect on a car can send a motorcycle careening out of control. Debris, wet pavement, even a rabbit can cause a motorcycle crash. Understanding what is a motorcycle hazard takes training and experience. Take precautions to avoid a Denver motorcycle crash, as the cost of injuries and possibly hiring a Colorado personal injury lawyer is not something you want to deal with. If you are injured by a road hazard, whether or not you can make a Colorado motorcycle personal injury claim is determined by negligence law.

Some of the most common hazards for motorcycles can be surprising. Things like leaves may not effect a car but can send a motorcycle rider spinning out of control. A simple rough road can cause a crash even with experienced bikers. A motorcycle accident that causes an injury in Denver can cost a lot in injuries and legal fees.

Gravel is tricky because it can cause a motorcycle to lose traction when cornering. Winding roads often have gravel, which becomes a Colorado bike injury magnet because bikers like to travel these windy roads. Cornering accidents can usually be prevented by simply slowing down through turns.

Edge breaks cause problems for motorcyclists. An edge break is when two lanes of traffic have different heights. This can cause a classic Denver motorcycle injury to an unaware cyclist.

Expansion joints connect sections of road. Like edge breaks, the uneven surface can lead to a motorcycle crash, especially at freeway speeds. Bridge joints can also be so wide that the short wheelbase motorcycle has trouble navigating.

The varied types of road hazards cause varied problnems when defining liability in a Colorado injury lawsuit. The main factor to keep in mind for success of a bike injury lawsuit is if someone should have eliminated the hazard. If someone was careless and had a duty to remove an obstacle(ie negligent), you may have a Colorado personal injury case. Public entities that maintain roadways may have behaves negligently if they knew about the hazard and did nothing. A simple warning sign might be enough to defend the entity in a Denver injury court.

Some more common hazards that cause motorcycle crashes in Denver and Colorado are:

Slick Surfaces like leaves, tracks, painted surfaces and oil,
Standing water and hydroplaning,
Snow and Ice, and
Loose debris
You can avoid a lawsuit and winding up in a Colorado bike injury court by recognizing these hazards.

Private individuals or businesses would be liable for things like a tree falling out of a landscape truck. Motorcyclist behavior is always important to consider though. If the cyclist was weaving in and out of traffic or speeding, it will be harder for a Denver motorcycle injury lawyer to reach a settlement.

Monday, April 26, 2010

When A Biker Needs a Lawyer


As a biker in Colorado, you are used to dealing with everything yourself. But when you get in trouble or injured, you might need a little help from an attorney. The intricacies of personal injury law in Colorado can cause problems for even the headiest biker. The biker code means nothing when you are injured and need a good Denver accident lawyer.

Especially if you are injured in Denver, you may need a lawyer to handle complex legal rules or because the severity of your injuries require compensation far from the norm. Occasionally insurance companies will refuse to settle big claims in good faith. Major accidents in Colorado require some sort of lawyer help. Some Denver personal injury attorneys specialize in motorcycle injuries.

If your motorcycle accident resulted in injuries that effect your ability to work or permanently effect your appearance. Determining how much an injury is actually worth in Colorado is of course much more tricky. An experienced personal injury attorney will at least be able to give you a ballpark figure on what you can expect to receive for a motorcycle injury.

Generally, the severity of a motorcycle or any auto injury is determined by the severity of injury based on medical bills, the length of time it takes to recover, and how those injures effect your life. The range of compensation increases as the possible compensation for a bike injury in Denver increases. When at the upper end of the range, it is often worth it to have an expert personal injury lawyer.

The emergency room you end up in may also cause problems that require an injury lawyer. If you have any questions on the treatments you receive you should call a Colorado accident lawyer experienced in malpractice.

Finding a good Colorado personal injury lawyer can be hard. Personal injury lawyers charge in different ways. They may charge a straightforward fee, a percent of the award or some sort of combination.