If you have been injured in a motorcycle accident in Colorado and you file a lawsuit to recover monetary compensation for your damages and injuries, your motorcycle accident attorney will need to establish that you were not more than fifty per cent at fault for the accident. Colorado follows a fifty per cent “modified comparative negligence” standard. If your actions were more than fifty per cent of the cause of the accident, then under Colorado law you will be barred from recovering any damages. A “SMIDSY” maneuver can make a big difference on this front.
SMIDSY is an acronym for “Sorry, Mate, I Didn’t See You.” Suppose, for example, that a car pulls out of a side street and you run into that car. The driver of the car will inevitably claim that he did not see you and that you made no effort to alert the driver of your presence, thus attempting to shift a major part of the blame for the accident to you. When you are riding straight down a road and toward the driver who is pulling out into that road, the driver’s depth perception will be confused by your single, unwavering headlamp. He might see the headlamp but he will not be able to determine how fast you are approaching him. His claim that “he did not see you” will have some validation if you took rode straight at him.
Now consider the same situation with a defensive “SMIDSY” mindset. As you ride down that road, you scan ahead of you and observe the driver edging his car forward into the road. You assess the lane immediately around you and determine that you are safe, and then you wobble your front wheel back and forth slightly. The driver will then see your headlamp moving from side to side, which gives him a better idea of where you are and of how fast you are approaching him. If he pulls in front of you regardless of your attempt to alert him but then makes a “Sorry Mate I Didn’t See You” claim, you rebut that claim by stating that you made a SMIDSY maneuver right before he pulled in front of you. Your simple action of moving your front wheel back and forth a couple of times can make all the difference when your attorney is establishing relative liability for the accident.
Please contact us if you would like more information on the SMIDSY maneuver and other defensive riding practices, or if you have any questions about recovering damages when you are in a motorcycle accident in Colorado. We will provide a complimentary review of your case.