By Jacob Galperin|Reading Time: 3 minutesTable of Contents When will Colorado motorcyclists be allowed to use lane filters? Exploring the nuances between lane filtering and lane splitting Key findings from the UC Berkeley study include Legal Guidance and Safety Advocacy in Colorado At Galperin & Associates, our legal team continually tracks legislative changes that may affect the strategies our Colorado clients use to seek compensation for personal injury or wrongful death claims. One significant legislative update that affects all motorists is the new motorcycle lane filter law, which goes into effect on August 7, 2024. This follows Governor Jared Polis’ approval of a three-year pilot project for this traffic maneuver, outlined in the recently ratified bill, SB24-0749. When will Colorado motorcyclists be allowed to use lane filters? As of the specified date, Colorado motorcyclists will have the legal right to lane filter under these circumstances: The adjacent motor vehicle must be stopped. The roadway must have lanes that are wide enough to safely pass. The motorcyclist must maintain a speed of no more than 15 mph while filtering. Overall traffic conditions should support the safe operation of the motorcycle during the maneuver. In addition, the new legislation states that motorcyclists are prohibited from filtering: On the right shoulder of the highway. On the right side of the far right lane on non-limited access roads. Against the flow of traffic in any lane. During the trial period, the Colorado Department of Transportation is charged with collecting and analyzing safety data to evaluate the effectiveness of this policy. The provision is set to expire on September 1, 2027, unless further legislative action is taken. Exploring the nuances between lane filtering and lane splitting: Safety Perspectives Lane filtering is defined as a motorcycle maneuver in which the rider navigates between lanes of stopped vehicles. While comprehensive studies of lane filtering are limited due to restrictions on vehicle speeds, it is generally considered to be safer than lane splitting. Lane splitting involves a motorcyclist moving between lanes of moving traffic. This practice has been studied extensively by the Safe Transportation Research and Education Center at UC Berkeley. Key findings from the UC Berkeley study include Lane splitting can be considered relatively safe if the surrounding traffic is traveling at or below 50 mph and the motorcyclist does not exceed the traffic speed by more than 15 mph. A speed differential of more than 15 mph above the surrounding traffic significantly increases the risk of accident and injury. Lane splitting is reported as a factor in approximately 17% of motorcycle crashes. Lane splitting has been shown to reduce the incidence of rear-end collisions. When this practice is introduced, both motorists and motorcyclists may require an adjustment period, which could result in an initial increase in accidents due to drivers changing lanes without looking for motorcycles. Legal Guidance and Safety Advocacy in Colorado All Colorado drivers should familiarize themselves with these changes in order to contribute to safer roadways. If you or a loved one has suffered a motorcycle accident due to someone else’s negligence, our experienced Denver motorcycle accident attorneys at Galperin & Associates are ready to help. Contact us at (720) 501-3451 for a free consultation, or visit us online to learn more about how we can help you navigate your legal rights and remedies after an accident.
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By Jacob Galperin|Reading Time: 3 minutesTable of Contents Beware of Insurance Tactics That Compromise Car Accident Claims Common Insurance Company Tactics Partner with Skilled Auto Accident Attorneys At Galperin & Associates, we work with clients throughout Colorado who have suffered injuries due to the negligence of other drivers. Often, those injured in car accidents can easily identify the fault of the other driver. Examples include blatant traffic violations such as speeding, running red lights, or cases where the driver was arrested for impairment at the scene of the accident. Such clear-cut cases typically lead victims to expect that the negligent party’s insurance will adequately compensate them for their losses. They may think, “The other driver clearly broke the traffic laws by speeding or driving under the influence, so logically their insurer should cover my damages”. While this reasoning seems straightforward, the practical reality can be quite different. Insurance companies can use a number of well-established strategies to reduce payouts or deny claims altogether. Beware of Insurance Tactics That Compromise Car Accident Claims in Colorado It’s important to recognise the different approaches that insurance companies can take to undermine car accident claims in Colorado. Although not all insurers engage in these practices, it is important to be prepared for such challenges when pursuing a claim on your own. Common Insurance Company Tactics Disputing liability insurers may try to pin some or all of the blame on you, suggesting that you were partly or wholly responsible for the accident. Questioning Medical Treatment Insurance companies often question the necessity and extent of your medical treatment, claiming that it was unnecessary or unrelated to the accident. They may also suggest that the injuries were pre-existing and not the result of the accident. To counter your claims, insurers might bring in their medical experts to challenge your doctor’s assessments, downplaying the severity of your injuries. They might also seek access to your medical records in an attempt to find pre-existing conditions or injuries. It’s imperative not to release your medical records without consulting a proficient car accident lawyer in Denver, as this could jeopardize your case. Surveillance Tactics Some insurers go as far as hiring investigators to surveil claimants, looking for any activity that might undermine the legitimacy of their claims. It’s wise to be mindful of your activities and social media posts, as these can be misconstrued and used against you. Recorded Statements Exercise caution when providing recorded statements to insurance adjusters. They could use your own words to deny or diminish the value of your claim. Ideally, avoid any communication with the at-fault party’s insurer until you’ve spoken with a Denver personal injury attorney to understand your rights and protect your interests from the outset. Delaying Claims Processing Insurers might intentionally slow down the claims process, hoping you’ll settle for less due to frustration or financial pressures. Lowballing Settlement Offers It’s common for adjusters to present initial offers that are well below the true value of your claim, hoping you’ll accept out of urgency or financial necessity. Be wary of quick settlement offers that do not account for the full extent of your injuries and potential future medical costs. Accepting such an offer prematurely can close your claim, leaving any subsequent expenses for you to cover out of pocket. Partner with Skilled Auto Accident Attorneys Experiencing a vehicle collision in Colorado can be overwhelming. For clarity on your situation and to explore your legal options for recovering damages, contact the experienced personal injury lawyers at Galperin & Associates in Denver. Call us at (720) 501-3451 or visit our website to arrange a no-cost, confidential consultation.
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By Jacob Galperin|Reading Time: 7 minutesTable of Contents Key Factors Affecting Car Accident Passenger Compensation How Much Can a Car Accident Passenger Recover? Navigating Legal Options for Car Accident Passengers Comprehensive Compensation for Car Accident Passengers Common Injuries Suffered by Car Accident Passengers Dealing with Insurance Adjusters as a Car Accident Passenger Contact a Car Accident Attorney Today Car accidents can have a significant impact on passengers, both physically and financially. Injured passengers have the right to seek compensation by taking legal action against those at fault. A common question from these victims is about the potential compensation they may receive. Typically, the amount of compensation a passenger can receive from a car accident depends largely on the specific details of the accident. It can be challenging for passengers to navigate the claims process on their own after being involved in a car accident. Our experienced team of car accident lawyers are ready to assist the injured person in assessing their case, determining its validity and filing a claim for compensation. In the following sections, we will discuss the various factors that influence the compensation a passenger may be entitled to after a car accident. Key Factors Affecting Car Accident Passenger Compensation Several factors influence the compensation a passenger can claim after a car accident. These elements are crucial in shaping the outcome of the settlement process. Extent of Injuries The severity of the injuries a passenger suffers is a central determinant of the compensation. Costs incurred immediately after the accident, such as emergency room charges, surgical procedures, and medications, are significant. Additionally, long-term repercussions like ongoing medical treatments and rehabilitation play a vital role in the compensation equation. Moreover, compensation is not limited to tangible costs; it also covers non-economic damages such as pain and suffering, which encompass both physical discomfort and emotional distress suffered due to the accident. Quality of Documentation The robustness of a claim heavily depends on the documentation quality and the evidence provided to substantiate losses. Detailed records of medical treatments, expenses, and the injury’s progression are essential. A well-documented case strengthens the passenger’s position, facilitating a stronger argument for the claimed compensation. Fault Determination Identifying the at-fault party is essential to pursue compensation. Various scenarios could arise: A driver of another vehicle may be entirely at fault. Fault might be shared among multiple drivers. The driver of the vehicle in which the passenger was traveling might bear some responsibility. The passenger might possess no-fault insurance, covering some losses. If the at-fault driver was working at the time, their employer might also bear some responsibility. Government entities might be implicated for unsafe road conditions. Companies could be liable due to negligent maintenance or defective vehicles. Fault determination is complex, but our team of personal injury attorneys will navigate these complexities to identify all liable parties, hold them accountable, and maximize the compensation. Insurance Policy Limits The insurance coverage limits of the at-fault driver also affect the compensation amount. If the coverage is inadequate to fully address the passenger’s damages, it could restrict the settlement amount. Exploring other avenues, such as the passenger’s underinsured motorist coverage, is critical in these instances. How Much Can a Car Accident Passenger Recover? Passengers involved in car accidents hold equivalent legal rights to recovery as drivers, and their ability to claim damages is not diminished by their passenger status. Importantly, there is no upper limit to the damages a passenger can pursue. The potential settlement amounts for car accident claims vary based on case specifics, such as injury severity and incurred medical costs. Here are some typical compensation ranges: Minor soft tissue injuries might see settlements ranging from $1,000 to $10,000. More severe injuries requiring surgical intervention could lead to compensation between $50,000 and $100,000. Cases involving permanent disabilities or significant trauma might secure settlements from $500,000 to over $1 million. Claims related to wrongful death frequently exceed $1 million. Although no fixed compensation amount exists, engaging a seasoned personal injury lawyer can significantly enhance the likelihood of receiving a fair settlement. Navigating Legal Options for Car Accident Passengers Passengers involved in car accidents have several legal avenues available to safeguard their rights. Our attorneys provide tailored advice based on the unique circumstances of each case, outlining the different legal options available after a car crash. Filing a Personal Injury Claim A key legal avenue for passengers is to file a personal injury claim against the liable party to recover damages for injuries and losses incurred. The crucial steps in this process include: Comprehensive documentation of all aspects related to the accident, including injuries, medical treatments, and related costs. Hiring a personal injury lawyer to guide and represent the injured party. Negotiating with the at-fault party’s insurance provider to reach a fair settlement. If negotiations stall, preparing to take legal action to continue pursuing the claim in court. Advantages of Legal Representation While passengers can technically pursue compensation on their own, having legal representation offers significant benefits: Attorneys bring expertise in personal injury law and related regulations. They evaluate the strength of the claim and provide insights on the likelihood of success. Lawyers handle negotiations with insurance companies to achieve a just settlement. In cases that proceed to court, attorneys provide indispensable legal representation. Statute of Limitations It’s critical to be aware that there are time limits within which you must file a lawsuit after an accident. Missing these deadlines can lead to losing the right to claim compensation. An experienced attorney will ensure compliance with these timelines, thereby enhancing the chances of securing a fair recovery. During this period, legal options will be explored thoroughly to assert your rights and seek justice. Comprehensive Compensation for Car Accident Passengers In nearly every scenario, passengers in a car accident bear no liability but often face substantial financial losses due to the incident. The types of compensation a passenger may be entitled to claim include: Medical Expenses: Regardless of whether a car accident victim possesses medical insurance, there are typically out-of-pocket costs to cover. These might include...
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