6 Reasons Injured Motorcycle Passengers Need Their Own Lawyer in Colorado Springs
Motorcycle accidents cause devastating injuries for riders and their passengers. If you were a passenger injured in a motorcycle crash in Colorado Springs, you may feeling overwhelmed due to medical bills, lost wages, and other damages resulting from the crash.
As a passenger, you cannot assume that motorcycle rider’s lawyer will protect your interests. That’s why injured passengers need to have their own legal representation.
Timothy Bussey is an experienced Colorado Springs motorcycle accident attorney. At The Bussey Law Firm, P.C., we’ve spent decades representing injured clients in Colorado Springs.
1. Conflict of Interest: Your Priorities May Not Align With the Driver’s
Even if the motorcycle driver is your friend, spouse, or relative, sharing an attorney with them after an accident creates a direct conflict of interest.
Why? Because fault is often shared in motorcycle crashes, and the motorcycle rider may be partially responsible for what happened. An attorney cannot ethically or legally advocate for both a driver and a passenger if their interests diverge. If the motorcycle operator is even partially at fault, your right to compensation could be compromised.
A personal injury lawyer for motorcycle passengers works solely for you, investigating the accident, identifying all at-fault parties, and protecting your rights to fair compensation without compromise.
2. Your Injury Claim Might Be Against the Motorcycle Driver
This is an emotionally difficult topic, but it’s an essential fact for motorcycle passengers to understand: If the motorcycle operator’s negligence contributed to the crash, you may need to bring a claim against them to recover the compensation you deserve.
These cases might involve motorcycle rider negligence such as:
- Speeding
- Improper lane changes
- Failure to yield
- Impaired or distracted driving
- Poor judgment under hazardous weather or road conditions
Filing a motorcycle accident passenger claim doesn’t mean you’re attacking the driver personally; it means you are accessing their insurance policy to cover your injuries. That’s what insurance is for.
Your attorney can handle this process sensitively and professionally while keeping your needs front and center.
3. Comparative Negligence May Apply
Colorado follows a modified comparative negligence rule. That means any party involved in the accident who is found to be more than 49% at fault cannot recover damages. At fault parties who are eligible to receive compensation will have their total compensation reduced based on their level of fault.
For example, if the motorcycle rider was injured in an accident, and they were found to be 30% at fault, their compensation would be reduced by 30%. If the rider was awarded $100,000, they would receive $70,000 in total compensation.
Modified comparative negligence laws makes it especially important for passengers to retain independent legal counsel. In a case where the motorcycle rider and someone operating another vehicle both contributed to the crash, insurers will fight hard to shift blame. A skilled Colorado Springs motorcycle accident attorney can defend your interests and protect you from being unfairly penalized under Colorado’s fault laws.
4. Insurance Coverage May Not Be Shared Equally
Many motorcycle insurance policies are written with the driver in mind, and that can create complications for passengers.
Here’s where it gets tricky:
- Policy limits may be quickly exhausted, especially if the driver and passenger are both injured.
- Passenger claims may be excluded under certain motorcycle policies unless specific coverage was purchased.
- Multiple insurers may be involved if another vehicle was also at fault.
Trying to navigate this landscape without your own attorney can cost thousands of dollars or more. You could be totally denied your right to seek compensation if you don’t have your own lawyer.
A motorcycle passenger injury lawyer in Colorado Springs will carefully analyze available coverage, determine who is legally responsible, and guide you through the legal process.
5. You Have Your Own Legal Rights to Defend
Under Colorado law, you have the same rights as any other injured party in a crash. Depending on the circumstances, you may be entitled to:
- Medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Emotional trauma
- Future care costs
Whether the at-fault party is the motorcycle driver, another driver on the road, or another party such as a municipality responsible for road safety, you have every right to pursue a motorcycle accident claim. An experienced personal injury lawyer for motorcycle passengers will see to it that every potential source of liability is investigated thoroughly.
6. Independent Legal Counsel Strengthens Your Case
Motorcycle crashes are among the most complicated types of personal injury cases due to the high rate of catastrophic injuries, multiple at-fault parties, and challenging insurance dynamics.
Having your own attorney strengthens your position in several ways:
- Independent investigation: Your lawyer will gather evidence, speak with witnesses, and review accident reports with your specific interests in mind.
- Clear communication: Your legal team will handle all interactions with insurance adjusters, so you won’t say anything that could be used against.
- Accurate valuation: An experienced Colorado Springs motorcycle accident attorney can accurately calculate the value of your claim based on your injuries, expenses, and future needs.
- Prepared for trial: If negotiations fail, your lawyer can take your case to trial and advocate before a jury.
At The Bussey Law Firm, P.C., we thoroughly prepare every case for litigation, because that’s the best way to get real results.
What If the At-Fault Party Is Operating Another Vehicle?
If a car or truck hit the motorcycle you were riding on, your claim may be directed toward that driver’s insurance company. But that doesn’t eliminate the need for your own lawyer. You still nee your own attorney because:
- The other party’s insurer may try to argue that the motorcycle operator was also partially at fault, and reduce your compensation accordingly.
- Multiple passengers may be injured, meaning limited insurance coverage must be divided.
- You may still need to file a claim against the motorcycle driver if both were responsible.
These scenarios often involve complex liability disputes and multi-party negotiations. Retaining an attorney who understands the nuances of motorcycle accident passenger claims is essential.
Speak With an Experienced Colorado Springs Motorcycle Passenger Attorney
As a passenger injured in a motorcycle crash, you are in a vulnerable position, and you need to find someone who will stand up for your rights. Timothy R. Bussey understands the unique
Timothy R. Bussey has been recognized by Super Lawyers in Colorado for over consecutive 14 years based on peer reviews and independent research. He has also received the Martindale-Hubbell Gold Client Champion Award for client satisfaction.
Call (719) 475-2555 today for a free consultation.
