Negligence is a critical component of a personal injury lawsuit. In order for the plaintiff to receive compensation for damages, the plaintiff and his or her attorney must establish negligence on the part of the defendant. Therefore, a basic understanding of the concept of negligence is important to anyone who has sustained a personal injury as a result of an auto accident, pedestrian accident, workplace accident, slip-and-fall accident, medical malpractice, or other accident.

In a personal injury lawsuit, a person or business can be held liable for injuries sustained by the plaintiff under the legal concept of negligence. Negligence is any "conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm." The law requires that people and businesses conduct themselves in a manner that conforms to a reasonable standard of conduct. When this standard of care is violated, the law requires that the person or business compensate a person who is injured as a result.

There are four components to negligence:

1. There was a duty of care owed to the defendant.
   
2. There was a breach of that duty.
3. The breach of this duty of care was the cause of the defendant's accident.
4. The defendant suffered damages as the result of his or her accident.
   

Additionally, some professions and institutions, such as doctors and hospitals, are legally required to uphold a standard of care accepted by their practice or industry. If they fail to uphold this standard of care they may be liable for malpractice, which is based on the concept of negligence.

Who is at Fault?
In order for negligence to be established, the defendant and his or her attorney must establish each of the four elements. Negligence cases often revolve around whether or not there was a breach of duty, whether or not the breach was the cause of the defendant's injuries, and to what extent the defendant suffered damages. Therefore, if you suffer a personal injury it's very important that you preserve and keep track of any documents relevant to your case, including medical bills and records, documents from insurance companies, any document you receive from the plaintiff, police reports, records of lost pay and other expenses. Your Colorado personal injury attorney can use these documents to prove the damages component of your case and maximize your compensation.

In many personal injury cases, fault does not solely lie with one defendant. For instance, if you are injured as the result of a motorcycle accident, the truck driver who struck your motorcycle may be held partially liable, and the trucking company that employs the driver and the manufacturer of the flammable material that spilled out of the truck and burned you may also be partially liable. It's very important that you and your attorney identify all possible defendants in your case to maximize your compensation. Also: you may be partially at fault under the concept of contributory negligence if you failed to wear a helmet or failed to obey traffic rules. Contributory negligence means that any compensation from the defendant(s) can be limited to the extent that you are found partially responsible for your own injuries.

Should I Hire a Colorado Personal Injury Attorney?
Because a negligence case can involve multiple and complex issues, a number of different defendants, and insurance companies with a strong interest in fighting your case and virtually unlimited resources at their disposal, if you've suffered an injury as the result of someone else's carelessness you should contact an experienced Colorado attorney specializing in personal injury today. An attorney can wade through the complex issues involved, can help identify all possible defendants, can fight the insurance companies who want to pin the blame on you, and can get you the compensation that you deserve.

Labels: Colorado personal injury attorney, contributory negligence, duty of care, motorcycle accident, negligence

Statistics show that motorcyclists are about 26 times more likely to die in auto injury accident, and 5 times more likely to be seriously injured. Motorcycles lack crashworthiness and substantial barriers for occupant protection, and are much lighter and much less stable than a typical automobile. Due to the much greater potential for death or serious injury associated with a motorcycle accident, motorcycle riders must be more protective of their own safety and more aware of their legal rights and options than other motorists.

How are Motorcycle Accidents Different?
In addition to the much greater potential for serious injury and death, motorcycle accidents present special problems and considerations not typically associated with normal car accidents. Some of the unique problems faced by motorcycles on the road include:

• Visual Recognition Problems. Motorcycles are more difficult to see than other vehicles, especially at intersections, where most visual recognition accidents occur.
• Road Hazards. Road hazards that are small and unimportant to other vehicles, such as potholes, oil slicks, debris, uneven pavement, and railroad tracks can be major hazards for motorcyclists.
• "Wobble" Accidents. The front end of a motorcycle may become unstable and shake or "wobble," especially at high speeds, which can lead to an accident. This happens when the front and back tires aren't properly aligned. If this happens the manufacturer of the motorcycle may be liable. Contact an attorney experienced in motorcycle accidents and personal injury.
• Riding Skill Problems. Driving a motorcycle requires more coordination and skill than driving a car. Some accidents can be caused in part by the rider's lack of basic riding skills or failure to understand his or her own limitations

Colorado Motorcycle Helmet Laws
In Colorado, helmets are required by law for all motorcycle drivers and passengers under the age of 17. However, failure to wear a helmet can significantly reduce the amount that a motorcycle accident victim can recover in damages based the motorcyclist's contributory negligence, if it can be shown that the absence of a helmet contributed to the victim's injuries.

A helmet is by far the most important piece of equipment that a motorcyclist can wear. A helmetless rider is several times as likely to suffer a brain injury or die from trauma sustained to the head as a result of a motorcycle accident than riders who do wear helmets.

Defective Motorcycle Design or Manufacture
Although several factors can contribute to a motorcycle accident, a defect in a motorcycle's design or manufacture should be considered as a potential cause of an accident, especially one where only the motorcycle rider is involved. In some cases, the manufacturer may be held liable and pay damages for a defect in the design or construction of the motorcycle. An experienced attorney can help sift through these issues and determine whether or not a manufacturer could be liable.

Should I Hire a Colorado Motorcycle Attorney?
If you or a loved one have been injured in a motorcycle accident, the most important step in protecting your legal rights is to contact an experienced and skilled attorney. Issues with your potential claim, including compliance with traffic laws, motor vehicle regulations, medical treatment issues, and liability determinations, all require the expertise of an attorney who is experienced in the area of motorcycle accident liability and personal injury. If you or a loved one has been injured in a motorcycle accident in Colorado, contact a Colorado attorney experienced in personal injury and motorcycle accidents today to protect your rights and get you the compensation that you deserve.

Labels: Colorado helmet law, Colorado personal injury attorney, contributory negligence, defective motorcycle, motorcycle accident