For over 20 years, personal injury attorney Peter Anderson has worked on behalf of people all over Colorado. His firm is solely focused on road crashes, including car, truck, cycling and pedestrian accidents. And he has a special affinity for helping riders in motorcycle accidents, as he is a fellow “motohead”. In fact, he has toured the globe on the back of a BMW and Harley-Davidson, while riding single-track off-road dirtbike trails from Arkansas to Montana. The law office sponsors four racing circuits across the Rockies including the Rocky Mountain Enduro Circuit (RMEC), Colorado Off-Road Championship Series (CORCS), Rocky Mountain Riders Association (RMRA) and Wyoming Off-Road Riders Association (WORRA).
Having real-life experience on two wheels helps pinpoint the unique challenges and specificities that arise in motorcycle crash cases: accident causes, injuries sustained, liability questions, safety mechanics and more. Peter shares some facts and perspectives about motorcycling that all riders (and those that share the road – cars, trucks, SUVs) should keep in mind:
Fact #1: Motorcyclists are more vulnerable on the road.
Many inexperienced personal injury attorneys treat motorcycle accident clients and car accident clients the same. But the comparison is ill-advised: motorcycles are not only smaller than other motor vehicles, but they lack the protection that comes from a metal encasement, air bags, protective bumpers, etc. Motorcyclists are simply more vulnerable on the road; caution must always take precedence. We support the efforts of the “Look twice, save a life” foundation for just that purpose – alerting drivers to share the road responsibly with a keen lookout for motorcyclists.
Fact #2: The leading cause of motorcycle accidents is motorists failing to see the rider.
A few glaring statistics pointing to the importance of “Look twice, save a life”.
- 60% of motorcycle accidents are the fault of the other motorist, according to a study conducted at the University of South Florida. This confirms findings published in a well-known study called the Hurt Report, which found that in crashes involving two vehicles, the non-motorcycle vehicle violated the right-of-way in two-thirds of cases.
- In approximately half of all motorcycle vs. vehicle accidents, the motorist failed to see the motorcycle in their view, due to glare, obstruction by other vehicles, etc.
- Almost 70% of motorcycle crashes occur at intersections because drivers do not see the motorcycle.
- Since motorcycles are smaller, other motorists often misjudge how fast a motorcyclist is traveling and turn into their path of travel causing an accident. This can also happen while on the highway when changing lanes or simply coming to a stop in traffic.
- The left-hand turn is the most common cause of motorcycle and car accidents. This happens when the car fails to observe the right-of-way law and collides into oncoming traffic
- Motorist tailgating increases the risk of multiple vehicle collisions and motorcyclist ejections especially when sudden stops or abrupt lane changes are involved.
Fact #3: Motorcycle injuries can be catastrophic.
According to the NHTSA, in 2019, motorcycle crashes in the U.S. claimed the lives of 5,014 riders and injured another 84,000. Not only were motorcyclists 29 times more likely to die in a crash than drivers and passengers of other types of vehicles, but they were four times more likely to be injured.
As a motorcycle accident lawyer in Boulder, Peter has seen far too many motorcycle collisions resulting in severe injuries, including spinal cord and brain traumas, and even wrongful death. And the non-fatal injury outcomes involve more expensive medical treatment, higher likelihood of physical impairments, extensive rehabilitation and physical therapy, significant lost wages due to attending doctor appointments, severe pain and suffering and loss of livelihood.
Fact #4: Protective gear can mitigate damages in a motorcycle accident.
Certain safety measures may reduce the likelihood of injury while riding. Here are a few tips recommended our motorcycle accident lawyer recommends:
Consider wearing a helmet. Riders age 18 and over are not required to wear helmets in Colorado. However, the Colorado Department of Transportation points to sobering statistics for those who do not: In 2006, 65% of fatally injured motorcycle riders were not wearing a helmet in states without all-rider helmet laws, compared with only 13% in states with all-rider helmet laws. (NHTSA, 2007)
As a motorcycle accident attorney in Boulder, Peter has seen enough tragedies to know the importance of wearing a helmet. Helmets may not prevent all injuries, but they often prevent worst-case scenarios. Consider a yellow, red or white helmet which simply increases visibility on the road. Use full face helmets, which offer the best protection; if built-in face shields are unavailable, riders should wear protective goggles in their place.
And speaking of goggles… In Colorado, some form of eye protection is legally required for all riders-drivers and passengers. The best eye protection comes from a visor on a helmet. Goggles or eyeglasses with lenses made from safety glass or plastic are also acceptable. A windshield is not considered adequate eye protection.
Wear appropriate riding gear. Because motorcycles are smaller, they can often be harder to see by other drivers; for this reason, riders should always wear bright, “high-vis” colors. Leathered motorcycle gear will help protect you from road rash in the event of a crash. However, textile suits with built in protective armor may offer the highest amount of safety protection. Consider something like Draggin’ Jeans or Aerostitch for your kit.
Consider wearing motorcycle boots, which protect not just your skin in the event of a motorcycle crash but also against exhaust pipe/engine block heat (which can be intense, particularly in the summer). Slip-free motorcycle boots that cover the ankles would be best.
Fact #5: Defensive driving may help.
Keep extra space between you and other vehicles. While you may take less space to stop and maneuver, other vehicles may need more buffer than you realize. Always leave plenty of following distance between you and vehicles in front of you, and be extremely careful around big rigs and semi trucks, which need greater stopping distance than passenger vehicles.
Look out for distracted drivers on the road (i.e. the car, SUV or truck swerving back and forth or changing speed of travel, etc.) while the driver is texting or on a call. Far too often a distracted driver isn’t paying attention; the issue is worsened by the fact that many drivers aren’t even looking for motorcycles on the road (according to the Association for Psychological Science). Have a heightened awareness of your surroundings, especially since you are the vulnerable driver on the road.
Increase visibility when riding at night. Drivers should always be on the lookout for motorcyclists; anything we riders can do to make ourselves more visible will only help. Wear reflective gear and make sure headlights are on, cleaned and angled properly.
Injured in a Boulder motorcycle accident?
As a Boulder local motorcycle attorney, Peter Anderson understands the unique challenges of local terrain, mountain passes, fantastic switchbacks and quickly changing weather conditions of Colorado. And he also knows the “climate” of local laws, current cases, juror pools and inherent biases unfortunately lobbied against motorcyclists – even though the motorcyclist is rarely at fault. Any and every protection a motorcyclist takes on the road will reflect on the crash, the case and the courtroom.
Consider working with a dedicated motorcycle accident lawyer who can help navigate all aspects of your accident claim: from bike/scene/bad driver’s vehicle inspection/assessment to identifying the at-fault drivers, insurance companies and insurance policies to collecting medical records to providing sound legal advice. We seek to fully understand your injuries, medical bills, lost wages, future treatment requirements, physical impairments and livelihood constraints. When we are fully apprised of case details, we do battle with big insurance to cover the extent of your crash-related losses. Reach out to our friendly legal staff today for a free consultation to discuss your potential motorcycle accident claims.