Being involved in a motorcycle accident can be a frightening and confusing experience. Colorado has specific laws on how to handle the situation after an accident, and following the right steps can help you avoid legal issues and protect your rights. Here’s what you need to do if you are involved in a motorcycle accident in Colorado.
1. Stay calm and seek medical attention
The first thing you should do after a motorcycle accident is ensure that you and anyone else involved are safe. If you or someone else has been injured, call emergency services right away. Even if the injuries seem minor, it’s important to have a medical professional assess your condition. Some injuries, like concussions, may not show immediate symptoms.
2. Report the accident to the police
According to Colorado law (CRS 42-4-1606), you are required to report the accident to the police if it resulted in property damage, injuries, or the death of someone. In motorcycle accidents, even if you believe the damages are minor, it is prudent to call the authorities so they can document the scene.
If the police do not arrive at the scene of the accident, you will need to file a report online through the Colorado Department of Revenue’s website. This report requires details such as the date, time, and location of the accident, and whether the damages exceed $1,000 or if it occurred on private or public property.
If a police officer arrives at the scene and takes an official report, you will not need to file one on your own. However, if the police are not present, you have up to 60 days to report the accident to the Colorado Department of Revenue.
3. Exchange information with the parties involved
According to Colorado law, you must provide your name, address, and the registration number of your motorcycle to the other drivers involved. Additionally, if requested, you must show your driver’s license. Make sure to also collect the other drivers’ information and any witnesses’ details. These details will be crucial if you decide to file a claim for damages or injuries.
4. Document the motorcycle accident scene
Taking photos of the accident scene can be critical for supporting any future claims. Capture images of the damage to your motorcycle, any injuries you’ve sustained, road conditions, and any other relevant factors. If there are witnesses, take note of their statements and contact information.
5. Consult with a specialized accident lawyer
While it is not mandatory, it is highly advisable to speak with an attorney who specializes in motorcycle accidents before submitting any reports or speaking with insurance companies. An experienced attorney can help you avoid providing information that could be used against you and ensure that your rights are protected.
6. Consequences of failing to report an accident
If you fail to report an accident when required by law, you could face penalties under CRS 42-4-1606. This includes between 10 and 90 days in jail or fines ranging from $150 to $300. Additionally, traffic misdemeanor offenses cannot be removed from your record in Colorado, meaning convictions remain on your permanent record.
Conclusion
A motorcycle accident in Colorado can have legal consequences if you do not take the appropriate steps. Seeking medical attention, reporting the accident to the police, and consulting with an attorney are essential steps to protect your rights. Also, always follow local laws to avoid penalties that could complicate the situation further.
If you’ve been in a motorcycle accident in Colorado, don’t hesitate to act quickly and ensure you’re following state laws to avoid long-term problems.