Motorcycle Accidents: Statute Of Limitations

Understanding The Statute Of Limitations For Motorcycle Accidents In Colorado

In the majority of personal injury claims, Colorado will only grant you two years in which to file your claim. However, you get three years for accidents involving motor vehicles. These time limits typically begin on the date that the accident occurred, but there may be exceptions.

Why The Statute Of Limitations Matters For Your Motorcycle Accident Claim

Sometimes, people don’t understand why the statute of limitations exists at all. It’s an important tool for both civil and criminal cases because it ensures that the issues brought forward are done so in a timely manner, and when evidence is still plentiful. 

When it comes to motorcycle accidents, filing as soon as possible means that you will likely still have access to eyewitnesses and evidence that points to what happened during the collision. 

The Impact Of Missing The Statute Of Limitations Deadline

Missing the statute of limitations means not being able to file a claim. Even if the other party was 100% responsible for the losses you suffered, you won’t be able to receive compensation to cover medical bills, lost wages, property damage, or any other losses you may have sustained. 

What Can Affect The Statute Of Limitations In Your Motorcycle Accident Case?

There are some factors that can impact the amount of time you have. If the other party is government personnel, for example, you only have 182 days to file a notice rather than three years. This is because you must let the government know that you will be suing. 

Another factor that can impact your claim is if the other party leaves the state. If you’re filing a lawsuit, you must be able to serve them with the paperwork, and it would be impossible to do if they’re in another state. If they leave or go into hiding, the statute of limitations halts, and begins only when they return or otherwise become available. 

Exceptions To The Statute Of Limitations For Motorcycle Accident Claims

Minors and those who are disabled at the time of the accident can benefit from exceptions to the statute of limitations. The timeline can be extended until you are no longer a minor, or until the disability is over. You would typically have three years from that date. 

Although rarer when dealing with motorcycle accidents, the discovery rule also applies. If you discover weeks or months after the accident that the crash resulted in an injury that wasn’t immediately apparent, the timeline could start at the moment that you realized you were hurt.  

How To Protect Your Right To Compensation After A Motorcycle Accident

One of the most important things you can do after being in a bike accident is to hire an experienced Colorado motorcycle accident attorney. You will likely be dealing with significant injuries, and may not have the mental or emotional bandwidth to begin a legal claim. By getting an attorney to help you, the process can start while you’re still healing. 

Your lawyer will know what evidence can make a difference for your claim, and can immediately get in contact with expert witnesses, like accident reconstructionists. They can also streamline the process so that there are no delays. 

Additionally, lawyers have knowledge of exactly when each step of the filing process must be completed. They can ensure that you don’t miss any deadlines. 

Why You Should Contact Bachus & Schanker Today

At Bachus & Schanker, you’re not just another case. Our attorneys have personal experience with serious losses, and understand that the legal system can be cold and harsh. To make this difficult process more manageable, we provide the compassionate support our clients need. 

One of the ways we do this is by working with a group of Victims’ Advocates that we’ve formed for the purpose of helping clients to receive the exact level of assistance they need. While they help you address the aftermath of catastrophic injuries, we begin our investigations into the accident.

We never rely solely on law enforcement for evidence, or for a clear idea of what happened. Our team has dedicated people who will procure all public records. These can include:

• 911 calls
• Police reports
• Police body cam footage
• Traffic camera footage

In some instances, there may be grounds to file not only a civil case, but a criminal one, too, particularly if the other party fled the scene, or if they were intoxicated. When that happens, our team of Victims’ Advocates can help guide you through further legal action. Every step of the way, you will receive the support you need from Bachus & Schanker. 

Acting Quickly: Why Timely Legal Action Is Crucial After A Motorcycle Accident

Three years can seem like a long time. However, you might be surprised by how quickly time can pass if you’re dealing with serious injuries that require extensive medical care. Without even noticing it, you could miss your chance to file a claim and recover your losses. 

By filing a claim immediately after the motorcycle accident occurs, you’re protecting your rights. You’re also giving yourself a better chance to receive fair compensation since the evidence will be fresh, and witnesses’ memories will be more reliable. 

Get The Help You Need: Contact Bachus & Schanker For Your Motorcycle Accident Case

After a motorcycle accident, hiring an experienced and dedicated personal injury lawyer can help you establish who was responsible for the crash, and hold them liable. Although filing a claim might seem simple, it’s a complicated legal action that requires an understanding of how Colorado laws work. 

At Bachus & Schanker, we’ve helped over 10,000 people through some of the most difficult moments in their lives. We fight to get every case settled as quickly as possible, but we have significant trial experience, too, so we will do what’s best in your situation. You don’t have to navigate the aftermath of a motorcycle accident on your own.

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