Colorado Rider News

Colorado Powersports

 

 

Legal

Motorcycle Safety BEGINS with ME? What Does That Mean in TODAYS Terms?

By

For several years, the tagline Watch for Motorcycles or Look Twice Save a Life really hasn’t had the punch that we riders would hope for. The biker community continues to be injured in epidemic numbers. In 2021, the State of Florida had over 5k accidents and over 500 fatalities. Colorado and Nevada during a pandemic saw a 33% increase in motorcycle accidents and fatalities. This is no longer a local issue, but a national problem that requires motorcycle riders to take a different approach, which is to BE READY and INFORMED.

Today we will talk about 3 topics

  • Trauma kits versus First Aid Kits
  • Accident Scene Managment Safety classes
  • Motorcycle Insurance and why the cheap becomes expensive.

Trauma Kits versus First Aid Kits

At first glance, it might be easy to confuse a trauma kit with a first aid kit. Both are bags full of medical supplies. And they may even carry some of the same equipment. So to understand the difference, you must look at the underlying focus of each type of medical kit.

First off, a first aid kit is designed to treat basic, superficial wounds that people suffer every day. They help with injuries such as small cuts, scrapes, and stings that don’t require a hospital or a doctor. These are the type of injuries most often treated with a first aid kit. Most first aid kits include bandages, burn cream, antiseptic, and over-the-counter medications

On the other hand, a trauma kit is designed to treat severe, life-threatening injuries long enough to treat the injured until paramedics or EMTs can arrive on the scene.

We’re talking about life-threatening injuries from situations such as car or motorcycle accidents. Tragic events when getting someone stabilized and transported to an emergency room is of the utmost importance. In such situations, most over-the-counter first aid kits are not nearly enough, and a trauma kit is best.

Now, it’s important to keep in mind that the primary focus of a trauma kit is to save lives. This means they often forgo items that might alleviate a victim’s temporary discomfort and pain. Why? Because these items are considered secondary to keeping them alive.

It’s a bag full of life-saving tools designed to keep someone’s vital functions working.

Trauma kits on your bike can be vital to stabilizing an injured rider until medical assistance can arrive. Trauma kits can be purchased for a reasonable amount given the care they can provide to render aid. If you are interested in getting a trauma kit, there are some motorcycle organizations that can help you get the trauma kit you need.

If you are interested in making the PLEDGE today to have this life-saving item on your bike, BikerDown Foundation offers riders a fully loaded trauma kit that will fit easily on your motorcycle – click here. You can also contact RoadGuardians (ASM) also offers a fanny pack trauma kit – click here

Accident Scene Management Classes

ASM has trained over 40,000 motorcycle riders thru their nationwide instructor and class hosts

For 10 years, BikerDown Foundation with the help of RiderJustice, Full Throttle Law, and other sponsors has sponsored Accident Scene Management Basic (ASM) and Advanced classes to give motorcycle riders basic training. ASM has trained nearly 40,000 motorcycle riders through the expertise of its instructors. ASM is the largest motorcycle trauma training organization in the world and classes can be done in-person or online.

Rider Justice ASM Basic class shows riders how to properly roll over a victim so that they can prepare to remove them from the road.
M. Busch got her Trauma kit at the Full Throttle Law ASM Basic Class

The basic 100 series class teaches you what to do in the first 5-30 minutes after a crash until professional help arrives. Some of the topics you will learn are helmet removal (many believe you don’t do that, but what if the rider isn’t breathing and needs CPR?), securing the scene, rescue breathing, moving the injured rider, controlling bleeding, and much much more.

Class attendees completing their ASM Basic Class in Las Vegas

Good Samaritan Law

Legal concerns can come up at the scene of an accident. Questions on legal issues come up in our basic and advanced classes, and there is a part of our instruction that deals with this. Many students ask me, “If I help someone at the scene of an accident, will I get sued successfully?”  Fortunately, in most states, there are statutes that legally shield you from liability. In Colorado, we have Revised Statute  13-21-108. This is the Colorado Good Samaritan Law.  In Nevada, there is NRS 41.500. The statutes in both states say that you are shielded from legal liability when rendering aid at the scene of an emergency or accident. There are some things you have to remember for this to apply. First, the person you are helping is not a person you are required to treat, and you are not there being compensated as part of your job. For example, Paramedics responding to the scene are not covered as it is their duty to respond and treat them. Volunteers on a rescue squad are protected from liability even though they have to react as they volunteer. 

Second, if you act in good faith and do not do something completely negligent, you are protected under the Good Samaritan Law. There is a scene in a funny movie where a woman performs a minor surgical procedure on someone she believes is choking. She has never been trained to do this and only saw the procedure performed on a television show. This woman would not be shielded from liability. For the record, we do not teach minor surgical procedures in Accident Scene Management, not even the advanced class.

Motorcycle Insurance and what that really means after an Accident

Call one of our motorcycle attorneys TODAY and get your FREE Insurance Reviews

Insurance coverages/Reviews – Bike insurance, 2nd to safety gear, motorcycle insurance is the most essential item you can have for your bike.  It outranks 85.00 Harley-Davidson shirts, cool chrome accessories, jackets, and rain gear….it outranks everything.  Without good bike insurance and add ons such as under-insured or uninsured motorists, the injured riders will be surprised how un-insured they are and what the current bike insurance covers.  RiderJustice.com, Full Throttle Law, Upstate Biker Lawyer, and Two-Wheel Attorneys has always offered any biker a FREE insurance review to discuss what your existing insurance covers.  In Colorado at the Colorado Motorcycle Expo, be sure to stop by the Rider Justice booth in February and get their suggested levels of insurance to keep you covered in the event of an accident.

At the scene of a motorcycle crash:

  • Do not move your bike from where it landed after the impact.
  • Take pictures of the entire scene, including your bike, the car, the intersection and debris.
  • Get contact information from any witnesses.
  • Take videos of witnesses explaining what they saw.
  • Take a picture of the other driver’s insurance card.
  • Make sure a police officer comes to the scene and files a report. (Never, ever, ever exchange insurance information with the other driver and leave the scene. You need that police report.)

Motorcycle Awareness begins with US, the motorcycle rider.

So in the event of an accident, having these 3 things in your arsenal will not only protect you and help you recover, but also help you help others. We must take control of our ride, in the event of an accident that trauma kit, ASM Basic class that you took, and the right kind of insurance, can actually help you SAVE LIVES of a friend, family member or complete stranger on a ride.

Rider Justice

By

If you want to see first-hand the difference between a law firm that says they represent injured motorcycle riders and a motorcycle law firm, then call RiderJustice.com. For over 20 years, Scott O’Sullivan and his team at RiderJustice.com have been fighting for motorcycle riders. They offer

  • Free Traffic Ticket Support
  • Free Insurance Review
  • Legislative/Policy Advocacy
  • Community Events
  • Philandthropy

Broadway Customs: Bringing the Build Community Back Together

By Leave a Comment

Scott O'Sullivan - Founder of Rider Justice
Scott O’Sullivan

By Scott O’Sullivan, Founder, Rider Justice

What do you do when you’ve got a motorcycle dream – a big, roaring, airbrushed, custom, community-building dream – and you don’t know the first thing about making it a reality?

According to Cody Kiebler, you take the first step. Then the next step. Then “take advantage of everything that comes your way.”

Cody and his business partner, Kevin Bolser, are the owners of Broadway Customs, a tiptoe-tail, full-service motorcycle shop. Walking in Broadway Customs (which they encourage EVERYONE to do, not just motorcycle geeks), you’d never know that they’ve got biology and aerospace degrees between the two of them. How did these two ever open a motorcycle shop?

Actually, it starts with a motorcycle crash.

Kevin, an American military veteran, got hit on his Harley, and it was totaled. When he got a check from his insurance company to rebuild it, he called his good friend Cody. The two of them had always dreamed of owning a motorcycle shop but didn’t know how to start. Now, thanks to Kevin’s insurance check, they had enough money to build a motorcycle. That seemed like a good place to start.

They built their first bike: a hardtail, bobber-style Sportster. They worked out of Cody’s garage. Then a buddy came by and asked them to turn his dirt bike into a café racer. They said, “Yeah, we can do that!” And they did.

With two bikes under their belts, Kevin headed to Motorcycle Mechanic School at Universal Technical Institute, and he earned his Harley certifications. 

Cody was already working in the aerospace industry and was skilled at computer animated design (CAD). He was ready to put his design and manufacturing skills to work on motorcycles. Together, they opened their first, small commercial bike shop.

That’s when the Old Bike Barn selected the two of them as a builder in their Greasy Dozen Builder Collective. Not only did that experience expand their own skills and their reputation, but it helped them to articulate their mission: To bring the motorcycle build community back together.

“A big part of what the Old Bike Barn does is to share knowledge,” says Cody. “They got frustrated with the bike build culture of the 90s, when nobody shared their knowledge. With the Greasy Dozen, they bring 13 winners together, give them the prize money up front, and encourage them to work together as a community. We want to replicate that culture in our shop.”

As the men were establishing themselves as full service bike experts, they were on the lookout for more space. They discovered an old building at 4398 S. Broadway, which had been a motorcycle shop since the 1980s, and it felt like serendipity.

“The price was right, the timing was right, the location was right,” says Cody, who says that the traffic on Broadway has expanded their business exponentially. Broadway Customs was officially born.

Dream realized, right? Wrong. Cody and Kevin just keep expanding their dream and taking the next step, then the next step to make it a reality. 

For example, they invested in a carbon fiber 3D printer, which enables them to print custom parts for custom jobs, and they have also created their own retail shop with custom products. Because the parts are so much lighter than typical motorcycle parts, they anticipate this work will revolutionize the racing industry. 

But it also helps them serve their individual clients better.  “We had a customer come in and he needed a lever bracket,” says Cody. “We brought the bike in, designed the part, printed it and had it on his bike that day!” 

Next up: they want to purchase another 3D printer that prints in aluminum, titanium and steel. But that item will have to wait while the guys install their new DynoJet 250IX, which will enable the shop to performance-tune any bike, trike, or powersports equipment with wheels. The Dyno also allows the shop to expand their diagnostic capabilities with digital accuracy. 

Throughout all of this expansion, Cody and Kevin have also sought ways to put their mission into practice: they seek to constantly build community as they build bikes.

“The motorcycle build community doesn’t have a reputation for sharing,” explains Cody. “These guys have a lot of pride but when they refuse to share their knowledge, it pigeonholes them into a very small avenue of work.”

He continues, “For us, the motorcycle community is vast. We want to share our techniques with everyone. We want our shop to be a comfortable place for everyone, no matter their skillset or experience.”

Broadway Customs hosts bike nights every other Thursday, where the shop’s employees teach important, fun maintenance and customization skills. Cody also rides with members of his church, the Red Rocks Church, hoping to meet as many riders as he can.  “We want the build community to be open to everyone.”

Today, Cody says that Broadway Customs can do just about anything a person could dream of doing to their bike… or just provide regular maintenance. From cracked frames, to ground-up new builds, to next-level airbrush design, to oil changes, Broadway Customs does it all.

Cody says they are now dreaming about building a bike that could break a land-speed record at Bonneville Salt Flats.  “I’ve got a Honda that we want to work on,” says Cody. “In the Honda’s class, not a lot of records have been set at Bonneville, so we’d like to build it and break a record at Bonneville.”

It’s all about taking the next step.

Rider Justice – AD

By Leave a Comment

Are you a motorcycle rider who has been injured? RiderJustice.com has been helping injured riders for over 20 years and the majority of our practice is motorcycle accident-related. We understand your injuries and what you are going thru. We offer all riders FREE Insurance Reviews to make sure you have the right coverage in the event of an accident. Rider Justice is devoted to the biker communities events and causes that are important to you. Give RiderJustice a call today at 303-865-3934

Insurance Companies are Victim-Blaming

By Leave a Comment

Photo: @SillyHeart by @JackelFox
Scott O'Sullivan - The O'Sullivan Law Firm, motorcycle accident attorneys
Scott O’Sullivan, Founder, Rider Justice

I like to think that I’m rarely surprised by insurance company tactics to avoid paying victims of accidents, but there’s a new twist that is seriously pissing me off. Allow me to tell you about it and then what you can do to protect yourself. As you know all too well, motorcycle riders are often blamed for crashes, so you need to proactively take some steps to protect yourself from these insurance tricks.

Classic example

You’re riding along, minding your own business, going the speed limit and doing all the good things you should be doing. When, from out of nowhere, a car turns left in front of you. You hit the brakes as hard as you can but it’s no use. You plow into the car, go airborne and… well, you’ve likely had friends face this exact tragedy. Most often, the rider is hospitalized with severe injuries, facing years of medical bills, not to mention lost wages, and other hardships.

So, imagine that the other driver’s insurance company swings in, does its own analysis of the accident and blames the victim for part of the crash. This is literally happening. I’ve had insurance companies contact me because I represent motorcycle crash victims and the company says, “Your client was 35% at-fault for the accident so we are reducing the amount we will pay.”

Insurance companies will lie after accidents

Now, because I’m an attorney, I say, “Aw, hell no!” I know the law and I know how to get my clients every dime that they are owed. Nobody is taking 35% away from my clients.

But picture yourself as the victim of the accident, or the victim’s family members. If you get that call from the insurance company and they say, “We were going to pay you $100,000 but our analysis shows that you were 35% responsible, so we’re only going to pay you $65,000.”

Often, victims and families just say “OK” because they are desperate for cash. The bills are racking up and their source of income has collapsed. They cave under pressure.

So here is my first piece of advice: Get a personal injury attorney! Here are several (but not all) of the reasons you need an attorney:

  • Once you hire a personal injury attorney, you don’t have to talk to the insurance company any more. This is a huge stress-reduction.
  • An experienced motorcycle attorney will see right through these tricks and fight for your rights. They can get you more than what the insurance company is saying they will pay you.
  • A personal injury attorney can often find even more money than you think you can get. There are so many “pots” to look into after an accident – insurance resources that are available to car and motorcycle crash victims – but most victims are completely unaware of them.
  • An experienced personal injury attorney has connections that can help you get the medical care you need and also postpone your medical bill due dates.
  • Personal injury attorneys can even help to reduce the amounts you owe on medical bills.

So, clearly, it is in your best interest to hire a motorcycle accident attorney if you’ve been in a crash.

But there are some other things that you should do at the scene of the accident, if you are physically able, to protect yourself from insurance tricks. If you are riding with a friend who has been hit, be a good friend and do the following. You could likely save your injured buddy from some very bad insurance tactics.

At the scene of a motorcycle crash:

  • Do not move your bike from where it landed after the impact.
  • Take pictures of the entire scene, including your bike, the car, the intersection and debris.
  • Get contact information from any witnesses.
  • Take videos of witnesses explaining what they saw.
  • Take a picture of the other driver’s insurance card.
  • Make sure a police officer comes to the scene and files a report. (Never, ever, ever exchange insurance information with the other driver and leave the scene. You need that police report.)

Riding season is upon us. As I look out my 6th Avenue office window, the blossoms are popping and I can hear motorcycle engines revving as they pass by. I’m thrilled to hear my friends are out, hitting the open roads! Enjoy yourself, and please call me if you or a friend ends up the victim in a motorcycle accident. I won’t put up with any insurance nonsense.

May is Motorcycle Awareness Month – Safety begins with the rider

By Leave a Comment

Laurie Montoya is President & Founder of BikerDown Foundation and Editor and Publisher of 2 motorcycle publications Motorcycle Rider News & Colorado Rider News

By Laurie Montoya, President and Founder of BikerDown Colorado

The Phrase Everyday should be Motorcycle Awareness Day is a statement that signifies the epidemic of motorcycle riders across this country that are injured daily. Everyone knows of a rider who has gone down, been injured or sadly has passed from a motorcycle accident.

Motorcyclists weigh the risk versus the reward for the freedom of the ride and most would say that if they had their choice they would GO doing what they loved. What happens thought when they are injured and their families are left to pick up the pieces of recovery, how does the family survive when you are looking at 6-8 months of recovery and multiple surgeries? What do they do when the driver of the car that hit them has an irresponsible driver with no insurance or at the very least the state minimum required to be on the road.

The answer is actually very simple – Motorcycle Awareness STARTS WITH ME! – Freedom of the ride in no longer free my friends, it requires riders to have the safety gear to keep them safer on the road than ever before, and it requires them to no longer get on the bike without the adequate insurance so in the event of an accident or fatality, the motorcycle law firm of their choice will be able to get them a recovery settlement that they need to survive. THAT IS THE TRUTH, and THE TRUTH DOESN’T CHANGE no matter what your ride, how you ride or what group or club you are in!

The National Organization BikerDown Foundation and your local chapter of BikerDown Colorado is mounting a daily campaign “I AM A BIKER” during Motorcycle Awareness Month in the hopes that it will go viral and show drivers/cagers that there are faces behind those helmets, that we are mothers/fathers, husband/wives and that we are more than just a motorcyclist.

We want to give also give our readers and followers tools and tips on how you can make your ride safer on the road, or in the event of an accident have the insurance coverages that you need.

Today, we will start that campaign with a motorcycle insurance checklist provided by Rider Justice.com that is vital to your recovery in the event of an accident. We hope that all riders will take the PLEDGE TODAY, to call their insurance carrier and ask these very basic questions

  1. In the event I am hit by an un-insured driver, what kind of coverage do i have? Do i have un-insured motorist? Did i waive it when i got the policy?
  2. In the event I am hit by a driver with limited insurance, what kind of coverage do I have?
  3. If i have a passenger on the back of my bike and we are hit, is the passenger covered?
  4. Are my medical bills covered in the event of an accident? How much is it to add Med-Pay?
  5. I have car and bike insurance – are my policies stackable?
  • Underinsured Motorist (UIM) – Purchase a minimum of $250,000
  • Medical Payments (MedPay) – Get the maximum offered by your insurance company, usually between $5,000 and $25,000
  • Umbrella Policy – If you own your home, you need an underinsured motorists’ umbrella policy for $1 million
  • Liability – Purchase a minimum of $250,000
  • Collision –
  • Comprehensive
  • Accessories Coverage – This protects all of the customized accessories on your bike. Be sure to get replacement value coverage
Rider Justice Motorcycle Lawyers

In Colorado or anywhere in the country, if you need an insurance review of what you actually have on your policy and a suggestion of what you should upgrade to, i would suggest that you call Rider Justice and speak to Scott O’Sullivan.

4 Ways to Know if Your Motorcycle Accident Attorney is an Ambulance Chaser

By Leave a Comment

Personal injury attorneys have a bad rap. That is no surprise to anyone. The slur “ambulance chaser” is applied to the entire profession because, well, it was earned. There was a time when personal injury attorneys showed up at disaster sites of all kinds and handed out their business cards, hunting for injured clients. I’ve never actually heard of an attorney chasing an ambulance, but I still think the profession has earned the term.

In my estimation, too many people pursue this field of law for pure financial gain. Luckily, there are some of us who pursue it as a calling, our vocation. But how can you tell the difference?

I have written extensively about the legal shops that I call “personal injury mills.” These are the personal injury firms that chew clients up and spit them out, usually with settlements well below what they could have (should have) received. The problem can be especially bad for motorcycle crash victims who often sustain significant injuries, are facing police bias just because they were on a motorcycle, are dealing with hospital bills and big medical decisions, and don’t have time to “babysit” motorcycle attorneys who aren’t doing their job properly.

So, I am going to share the top 4 ways to know if a motorcycle accident lawyer is an ambulance chaser. I’ll share the list and then I’ll take a deeper dive into each of the reasons I give.

Your personal injury attorney might be an ambulance chaser if he/she…

  1. Only speaks to you once and hands your case off to a paralegal, never or rarely speaking with you again.
  2. Charges you fees for anything at all before your case settles.
  3. Talks about settling before understanding your injuries completely. (Or tells you to stop medical treatment so that he/she can settle!)
  4. Tells you what your case is worth before considering all the sources of compensation available to you.

Now, let me break these down so that you understand why they are red flags.

1. Only speaks to you once and hands your case off to a paralegal, never or rarely speaking with you again.

Biker annoyed at phone call

Most ambulance chasers are playing a wicked numbers game. They need a very high number of motorcycle crash cases to pay for their marketing, so they churn clients in the door and lead them to settlement as quickly as possible. In their haste, these attorneys will generally do a very good dog-and-pony show prior to a prospect signing up – meeting with them, returning calls, etc. – but as soon as the client (read: injured victim of a motorcycle crash who probably needs some significant legal help) signs on the dotted line, their case is taken over by a paralegal.

While paralegals are fantastic supports to attorneys, they are not attorneys. If an attorney is not 100% in charge of your case, then you will not receive the representation you need. If only paralegals return your calls, it’s a good sign that the attorney has no idea who you are.

2. Charges you fees for anything at all before your case settles.

This image has an empty alt attribute; its file name is MoneyEnvelope.jpg

The entire personal injury field works on a contingency basis, which means we do not get paid unless you get paid. We must incur all of the costs to research your case, hire the experts to study the scene of the motorcycle accident, work with hospitals and doctors to reduce your medical bills, and (this is perhaps the most important) be willing to absorb all those charges for as long as your treatment takes. If a motorcycle crash victim is seriously injured, that could be years. 

I have heard of attorneys charging their clients for everything from expert witness testimonies to copier paper while they are still working on the case.

If your lawyer is trying to charge you for anything at all prior to your case’s completion, you are probably dealing with an ambulance chaser.

3. Talks about settling before understanding your injuries completely. (Or tells you to stop medical treatment so that he/she can settle!)

Many personal injury attorneys would rather “take the bird in hand” than wait for the two in the bush. By this, I mean that they would rather settle your case for less and do it quickly than wait (perhaps years) for a potentially higher settlement. 

However, motorcycle crash victims often need a lot of time to recover. In Colorado, a case cannot be closed until a victim ceases treatment, thereby putting an end to medical bills. Ambulance chasers would rather convince their clients that they are “fine” than take time to make sure that their recovery is truly headed in the right direction.

Ambulance chasers need the cash now, and they will get it from your case at your expense by encouraging you to quit medical treatment and settle early.

4. Tells you what your case is worth before considering all the sources of compensation available to you.

This image has an empty alt attribute; its file name is LegalProcess.jpg

One of the most time-intensive (and rewarding!) aspects of being a motorcycle accident attorney is in taking a deep dive into the motorcycle victim’s insurance, the at-fault driver’s insurance, the many other “pots” that may be available for compensation, and putting together a complete picture for each client of what their case may be worth. This takes time. And it also takes a level of passion that you will only find in an attorney who does this work as a vocation.

I have worked with clients who have been told by other attorneys (before they even signed up, let alone researched the accident) that they can only get $25,000 from the at-fault driver’s insurance company. Often, my deeper research reveals additional details, like perhaps the driver was in his mom’s car and her insurance is available, too. Or maybe the at-fault driver was in a rental, opening up another “pot” for compensation. You need an attorney who is willing to take the time (and who has the time) to investigate every aspect of your crash.

If you have any questions about your motorcycle crash, don’t hesitate to contact me today! You can call or text me at 303-388-5304.

Scott O’Sullivan is the founder of Rider Justice and the O’Sullivan Law Firm.

4 Ways to Know if Your Motorcycle Accident Attorney is an Ambulance Chaser

By Leave a Comment

Scott O'Sullivan - The O'Sullivan Law Firm, motorcycle accident attorneys
Scott O’Sullivan, founder of Rider Justice

Personal injury attorneys have a bad rap. That is no surprise to anyone. The slur “ambulance chaser” is applied to the entire profession because, well, it was earned. There was a time when personal injury attorneys showed up at disaster sites of all kinds and handed out their business cards, hunting for injured clients. I’ve never actually heard of an attorney chasing an ambulance, but I still think the profession has earned the term.

In my estimation, too many people pursue this field of law for pure financial gain. Luckily, there are some of us who pursue it as a calling, our vocation. But how can you tell the difference?

I have written extensively about the legal shops that I call “personal injury mills.” These are the personal injury firms that chew clients up and spit them out, usually with settlements well below what they could have (should have) received. The problem can be especially bad for motorcycle crash victims who often sustain significant injuries, are facing police bias just because they were on a motorcycle, are dealing with hospital bills and big medical decisions, and don’t have time to “babysit” motorcycle attorneys who aren’t doing their job properly.

So, I am going to share the top 4 ways to know if a motorcycle accident lawyer is an ambulance chaser. I’ll share the list and then I’ll take a deeper dive into each of the reasons I give.

Your personal injury attorney might be an ambulance chaser if he/she…

  1. Only speaks to you once and hands your case off to a paralegal, never or rarely speaking with you again.
  2. Charges you fees for anything at all before your case settles.
  3. Talks about settling before understanding your injuries completely. (Or tells you to stop medical treatment so that he/she can settle!)
  4. Tells you what your case is worth before considering all the sources of compensation available to you.

Now, let me break these down so that you understand why they are red flags.

1. Only speaks to you once and hands your case off to a paralegal, never or rarely speaking with you again.

Biker annoyed at phone call

Most ambulance chasers are playing a wicked numbers game. They need a very high number of motorcycle crash cases to pay for their marketing, so they churn clients in the door and lead them to settlement as quickly as possible. In their haste, these attorneys will generally do a very good dog-and-pony show prior to a prospect signing up – meeting with them, returning calls, etc. – but as soon as the client (read: injured victim of a motorcycle crash who probably needs some significant legal help) signs on the dotted line, their case is taken over by a paralegal.

While paralegals are fantastic supports to attorneys, they are not attorneys. If an attorney is not 100% in charge of your case, then you will not receive the representation you need. If only paralegals return your calls, it’s a good sign that the attorney has no idea who you are.

2. Charges you fees for anything at all before your case settles.

The entire personal injury field works on a contingency basis, which means we do not get paid unless you get paid. We must incur all of the costs to research your case, hire the experts to study the scene of the motorcycle accident, work with hospitals and doctors to reduce your medical bills, and (this is perhaps the most important) be willing to absorb all those charges for as long as your treatment takes. If a motorcycle crash victim is seriously injured, that could be years. 

I have heard of attorneys charging their clients for everything from expert witness testimonies to copier paper while they are still working on the case.

If your lawyer is trying to charge you for anything at all prior to your case’s completion, you are probably dealing with an ambulance chaser.

3. Talks about settling before understanding your injuries completely. (Or tells you to stop medical treatment so that he/she can settle!)

Many personal injury attorneys would rather “take the bird in hand” than wait for the two in the bush. By this, I mean that they would rather settle your case for less and do it quickly than wait (perhaps years) for a potentially higher settlement. 

However, motorcycle crash victims often need a lot of time to recover. In Colorado, a case cannot be closed until a victim ceases treatment, thereby putting an end to medical bills. Ambulance chasers would rather convince their clients that they are “fine” than take time to make sure that their recovery is truly headed in the right direction.

Ambulance chasers need the cash now, and they will get it from your case at your expense by encouraging you to quit medical treatment and settle early.

4. Tells you what your case is worth before considering all the sources of compensation available to you.

One of the most time-intensive (and rewarding!) aspects of being a motorcycle accident attorney is in taking a deep dive into the motorcycle victim’s insurance, the at-fault driver’s insurance, the many other “pots” that may be available for compensation, and putting together a complete picture for each client of what their case may be worth. This takes time. And it also takes a level of passion that you will only find in an attorney who does this work as a vocation.

I have worked with clients who have been told by other attorneys (before they even signed up, let alone researched the accident) that they can only get $25,000 from the at-fault driver’s insurance company. Often, my deeper research reveals additional details, like perhaps the driver was in his mom’s car and her insurance is available, too. Or maybe the at-fault driver was in a rental, opening up another “pot” for compensation. You need an attorney who is willing to take the time (and who has the time) to investigate every aspect of your crash.

If you have any questions about your motorcycle crash, don’t hesitate to contact me today! You can call or text me at 303-388-5304.

Scott O’Sullivan is the founder of Rider Justice and the O’Sullivan Law Firm.

Why Motorcycle Accidents are Different from Auto Accidents

By Leave a Comment

As my Rider Justice friends know, I’m not just a huge advocate for Colorado motorcycle rights and safety, I’m also a motorcycle and car accident attorney. I’ve been a Denver personal injury attorney for more than 20 years. It is my vocation – my calling in life – because I can’t stand when a victim’s rights are violated by negligent drivers and insurance companies.

Scott O'Sullivan - The O'Sullivan Law Firm, motorcycle accident attorneys
Scott O’Sullivan, Founder of Rider Justice

But I digress.

Accident Reconstruction

Recently, I worked with a company called Knott Laboratory, which performs accident reconstruction investigations. As Ricky L. Nguyen said to me, Knott Lab provides forensic reports on every type of machine you can imagine.

“If it’s got moving parts, we get it,” said Ricky, who added that they also perform fire event investigations. You can check out their demo reel here. Caution: even though the images are computer-generated, it can be pretty alarming to see the types of accidents they investigate. (One word: woodchipper.)

As he and I were talking, I started sharing stories of some of my past cases, explaining why some of them were so upsetting or surprising. While there may be common types of accidents (such as left-hand turns in front of oncoming traffic), I do often find myself so concerned for victims that I ask, “Why?!” Sometimes, we never get the answer to that question. But Ricky can answer “how,” which can help me get the proper compensation for victims from insurance companies.

How Motorcycle Crashes are Different

Ricky and I began discussing the differences between motorcycle crashes and auto crashes, and he said, “motorcycles do funny things in accidents.” (I’m sure that he meant “strange” when he said “funny.”)

I have seen a lot of images from motorcycle crashes in the Denver metro area and I can tell you that they are definitely different from car accident scenes. Sadly, they are usually much more tragic.

Of course, motorcycles are smaller than cars, so they don’t stand much chance in a collision with a vehicle that outweighs them by many factors. However, Ricky, who is an engineer, said that there are some other issues that make motorcycles behave strangely in crash situations.

Ricky explained that, “Motorcycles are smaller and they act erratically in accidents. They aren’t like cars, which tend to be like smooth boxes. Motorcycles have parts sticking out that catch on the road and cause them to do funny things, curve around other objects, land funny. Also, the weight difference between motorcycles and cars is significant. Motorcycles change trajectory more easily.”

I have hired accident reconstruction engineers in the past to help me prove that the other driver is at fault, causing my client’s injuries. In some cases, I observe the reconstruction process like a great episode of CSI. It takes a ton of investigative work to discern the cause of an accident.

Ricky said that the engineers at Knott Lab gather police reports, witness statements, visit the accident site for remaining evidence such as skid marks, talk to the district attorneys that may be involved, collect photos that may have been taken at the accident, and assemble pretty much anything else that they can get their hands on.

They also use high-tech to assess the vehicles’ damage as well as the scene of the accident.

“We do a laser scan of the vehicles so that we can recreate the vehicle visually and do a 3D image,” said Ricky. “We also do a scan of the accident site so that we can assess slope, geometry, heights of nearby obstacles, etc.”

Based on that information, the engineers can often create a written report that explains what happened and who was at fault. But for more complex cases, Ricky said they create the computer simulations like what you see in their demo video.

Advice for Bikers

I asked Ricky if he had any advice for motorcycle riders who are in accidents, things that they can do to help prove their innocence. Gratifyingly, he said something that I say all the time: take pictures!

“Everybody has smart phones today; take pictures!” he said. “As many as possible! Also, try not to touch or move the vehicle. Typically, police officers want you to move the vehicle, but take pictures first. And take pictures of the damage on the road, your motorcycle, the other driver’s car, everything. The more we can see of the accident scene, the more it helps.”

Finally, as someone who fights for motorcyclist rights, I want you to know that, just because the police give YOU the ticket after an accident (because they normally assume it was the biker’s fault), don’t assume that you don’t have a good case. I have won cases for motorcyclists even after the cop gave them the ticket. I can find witnesses and even hire a company like Knott Lab to prove your innocence. I’d love to help you.