You’re cruising down Highway 24 on your Harley, enjoying one of those perfect Colorado mornings when suddenly a car pulls out right in front of you. The next thing you know, you’re sliding across the asphalt, your bike’s totaled, and you’re facing weeks of medical bills and recovery time.
Here’s where things get complicated: the other driver was clearly at fault for pulling out without looking, but the insurance adjuster is now claiming you were speeding and not wearing proper protective gear. They’re saying you’re partially to blame for your own injuries.
Welcome to Colorado’s modified comparative negligence law – a legal rule that can really make or break your motorcycle accident case.
What Exactly Is Modified Comparative Negligence?
Let me break this down in plain English. Modified comparative negligence is basically Colorado’s way of saying, “Hey, sometimes accidents happen because more than one person screwed up, and we need to figure out who’s responsible for what.”
Think of it like this: imagine you and your buddy are making dinner together, and you both do something that leads to burning down the kitchen. Your buddy left the stove on (that’s 70% of the problem), but you also threw a dish towel too close to the burner (that’s 30% of the problem). Modified comparative negligence works the same way – it divides up the blame based on what each person did wrong.
In Colorado, this system has a specific twist that makes it “modified” rather than “pure” comparative negligence. If you’re found to be 50% or more at fault for the accident, you can’t recover any damages at all. But if you’re less than 50% at fault, you can still get compensation – just reduced by your percentage of fault.
So going back to our kitchen fire example: if the total damage was $10,000 and you were 30% at fault, you’d be responsible for $3,000 of the damage instead of the full amount.
How This Plays Out in Real Motorcycle Accidents
Motorcycle cases are particularly tricky under this system because, let’s be honest, there’s still a lot of bias against motorcyclists. I’ve seen cases where riders who were clearly victims of someone else’s negligence suddenly find themselves fighting claims that they were “asking for trouble” just by being on a bike.
Here’s a scenario : A motorcyclist was hit by a driver who ran a red light. Pretty cut-and-dried case, right? Not so fast. The insurance company argued that the motorcyclist was wearing dark clothing at dusk and didn’t have reflective gear, making him partially responsible for not being visible enough.
Under Colorado’s modified comparative negligence rule, even if this argument held some water, the motorcyclist could still recover damages as long as his fault was determined to be less than 50%. If the jury decided he was 20% at fault for his visibility choices and 80% was on the red-light runner, he’d still get 80% of his damages covered.
But here’s the kicker – if somehow the insurance company convinced a jury that the motorcyclist was 50% or more at fault (maybe by arguing he was also speeding or not paying attention), he’d walk away with nothing. Zero. Nada.
The 50% Rule: Your Make-or-Break Threshold
This 50% threshold is absolutely critical in Colorado motorcycle cases. It’s not like some other states where you can be 90% at fault and still recover 10% of your damages. Colorado draws a hard line in the sand.
I can’t stress this enough: the difference between being 49% at fault and 51% at fault is literally the difference between getting substantial compensation and getting nothing at all. This is why having experienced legal representation matters so much in motorcycle cases.
The insurance companies know this rule inside and out, and they’ll do everything they can to push your fault percentage over that 50% mark. They’ll scrutinize everything – your speed, your lane position, your gear, your experience level, even the route you chose to take that day.
Common Ways Motorcyclists Get Blamed (And How to Fight Back)
The Speed Trap
“The motorcyclist was speeding” is probably the most common defense I see in these cases. Even if you were going 5 mph over the speed limit, insurance adjusters will try to blow this up into a major contributing factor.
Here’s the thing though – just because you were speeding doesn’t automatically make you equally at fault. If someone runs a red light and hits you, their failure to yield right-of-way is typically going to be weighted much more heavily than your minor speed violation.
The key is documenting everything. Police reports, witness statements, traffic camera footage, even your bike’s computer data if it’s available. Don’t let them paint a picture of reckless riding when the reality was much different.
The Visibility Argument
“We didn’t see the motorcycle” is another classic. Insurance companies love to flip this around and suggest that if you weren’t seen, you must not have been riding defensively enough or making yourself visible enough.
This one really gets under my skin because it puts the burden on motorcyclists to compensate for other drivers’ failure to look properly. Yes, wearing bright colors and reflective gear is smart. But a driver’s failure to check their blind spot or look twice at intersections isn’t your fault just because you weren’t lit up like a Christmas tree.
The Experience Factor
New riders often face additional scrutiny. Insurance adjusters will dig into your riding history and try to argue that inexperience contributed to the accident. While there might be some validity to this in certain situations, it’s often overblown.
The key question isn’t whether you’re an experienced rider – it’s whether your actions in that specific situation were reasonable under the circumstances.
Lane Positioning and Following Distance
These are more technical aspects that insurance companies love to nitpick. They’ll bring in accident reconstruction experts to argue that you were riding in the wrong part of the lane or following too closely.
While proper lane positioning and following distance are important safety practices, these factors need to be evaluated in context. What was the traffic situation? What were the road conditions? Was there a legitimate reason for your positioning?
How Fault Percentages Actually Get Determined
You might be wondering who actually decides these fault percentages. It’s not just some arbitrary number an insurance adjuster pulls out of thin air (though sometimes it feels that way).
The Insurance Company’s Initial Assessment
First, the insurance companies will do their own investigation and assign fault percentages. This is where having your own documentation becomes critical. Don’t just accept their version of events – they’re not exactly neutral parties in this process.
Insurance adjusters are trained to minimize payouts, and in comparative negligence states like Colorado, shifting even a small percentage of fault onto you can save them thousands of dollars.
The Role of Police Reports
Police reports carry significant weight in these determinations, but they’re not the final word. I’ve seen cases where the responding officer didn’t have all the facts or made assumptions that weren’t accurate.
If you disagree with the police report, you can usually request to have it amended if you have evidence that contradicts the officer’s findings. This needs to be done quickly though – most departments have time limits on when amendments can be made.
When It Goes to Court
If your case goes to trial, the jury will ultimately decide fault percentages. This is where having skilled legal representation really matters. Your attorney needs to present a compelling narrative that minimizes your fault while highlighting the other party’s negligence.
Juries can be unpredictable, especially in motorcycle cases where bias might come into play. Some jurors might have preconceived notions about motorcyclists being risk-takers or “asking for trouble.” A good attorney knows how to address these biases head-on.
Real-World Examples of How This Plays Out
Let me share a few scenarios to illustrate how this all works in practice:
Case Study 1: The Left-Turn Collision
A motorcyclist was traveling straight through an intersection when a car made a left turn directly into his path. The car driver claimed he didn’t see the motorcycle and that the sun was in his eyes.
Initially, this seemed like a clear-cut case of the car driver’s fault. But the insurance company argued that the motorcyclist was traveling 10 mph over the speed limit and could have avoided the collision if he’d been going slower.
After investigation and negotiation, fault was apportioned at 85% to the car driver and 15% to the motorcyclist. Since the motorcyclist was under the 50% threshold, he recovered 85% of his damages, which totaled about $180,000 in medical bills and lost wages.
Case Study 2: The Rear-End That Wasn’t So Simple
A motorcycle was rear-ended while stopped at a traffic light. Seems pretty straightforward, right? The insurance company tried to argue that the motorcyclist was partially at fault because he was stopped in the center of the lane instead of positioning himself to have an escape route.
This case highlights how insurance companies will grasp at straws to assign fault to motorcyclists. Fortunately, Colorado law doesn’t require motorcyclists to position themselves defensively at all times – you have the right to use the full lane just like any other vehicle.
The case settled with 100% fault assigned to the rear-ending driver.
Case Study 3: The Intersection Incident
This one was more complicated. A motorcyclist was making a right turn at an intersection when a car running a red light struck him. However, the motorcyclist had made a “rolling stop” at the stop sign instead of coming to a complete stop.
The insurance company argued that if the motorcyclist had made a proper stop, he would have seen the red-light runner coming and could have avoided the collision.
This case ended up going to trial, and the jury assigned 30% fault to the motorcyclist and 70% to the car driver. The motorcyclist recovered 70% of his damages.
What You Can Do to Protect Yourself
Before You Ride
The best defense against comparative negligence claims starts before you even get on your bike. Here are some practical steps:
Gear Up Properly: I know it’s tempting to just throw on a helmet and go, especially on hot days. But proper protective gear isn’t just about safety – it’s also about protecting yourself legally. If you’re in an accident while wearing shorts and flip-flops, you can bet the insurance company will use that against you.
Know the Rules: Make sure you’re up to date on Colorado’s motorcycle laws. This includes things like lane-splitting rules (which Colorado recently legalized under specific conditions), helmet requirements, and licensing requirements.
Maintain Your Bike: Keep up with regular maintenance and document it. If mechanical failure contributes to an accident, you want to be able to show you were taking proper care of your bike.
At the Scene of an Accident
What you do immediately after an accident can have huge implications for your case:
Document Everything: Take photos of everything – the vehicles, the road conditions, traffic signs, skid marks, your injuries, your gear. Don’t rely on the police to capture every detail.
Get Witness Information: Independent witnesses can be a huge help in fighting comparative negligence claims. Get their contact information and ask them to describe what they saw.
Be Careful What You Say: Don’t admit fault or speculate about what happened. Stick to the facts of what you observed. Saying something like “I’m sorry” might seem polite, but it can be twisted into an admission of guilt later.
Seek Medical Attention: Even if you feel okay, get checked out. Adrenaline can mask injuries, and having immediate medical documentation helps your case.
Working with Insurance Companies
Here’s where things get tricky. You’re required to cooperate with your own insurance company, but you need to be very careful about what you say to the other party’s insurer.
Don’t Give Recorded Statements: The other party’s insurance company will often call within hours of the accident asking for a recorded statement. You’re not required to give one, and I strongly recommend against it. These statements are often used to lock you into a version of events before you’ve had time to fully process what happened.
Don’t Accept Quick Settlement Offers: Insurance companies sometimes make lowball settlement offers very quickly, hoping you’ll accept before you understand the full extent of your injuries or damages. Don’t be pressured into accepting anything without having it reviewed by an attorney.
For more detailed guidance on dealing with insurance companies, you might want to check out our FAQ about whether you should give a recorded statement to an insurance company.
The Financial Impact of Fault Percentages
Let’s talk numbers for a minute, because understanding the financial implications can help you see why fighting these fault determinations is so important.
Say you’re in an accident that results in $100,000 in total damages (medical bills, lost wages, bike replacement, pain and suffering, etc.). Here’s how different fault percentages would affect your recovery:
- 0% fault: You recover $100,000
- 10% fault: You recover $90,000
- 25% fault: You recover $75,000
- 40% fault: You recover $60,000
- 49% fault: You recover $51,000
- 50% fault: You recover $0
- 51% fault: You recover $0
See how dramatic that cliff is at 50%? This is why insurance companies fight so hard to push motorcyclists over that threshold.
Special Considerations for Motorcycle Cases
Motorcycles present unique challenges under comparative negligence law that you need to be aware of:
The Vulnerability Factor
Some insurance adjusters will actually try to use a motorcycle’s inherent vulnerability against riders. They’ll argue that by choosing to ride a motorcycle instead of driving a car, you “assumed the risk” of more serious injuries.
This argument is generally not accepted by Colorado courts, but it’s something you might encounter. You have the same right to use public roads on a motorcycle as anyone else has in a car.
Weather and Road Conditions
Colorado’s weather can change quickly, and road conditions that might be manageable in a car can be treacherous on a motorcycle. If you’re in an accident during adverse conditions, expect the insurance company to scrutinize your decision to ride that day.
While riding in bad weather isn’t automatically negligent, you do need to adjust your riding to match conditions. If you were riding the same way in a snowstorm as you would on a clear day, that might contribute to fault determination.
Group Riding Dynamics
If you’re riding in a group when an accident occurs, the dynamics can get complicated. Insurance companies might try to argue that group riding inherently increases risk or that peer pressure led to more aggressive riding.
Document the group’s riding practices and make sure witnesses can speak to whether the group was riding responsibly.
When You Need Professional Help
Look, I get it – nobody wants to deal with lawyers if they don’t have to. Legal fees, complicated procedures, months or years of back-and-forth – it’s not exactly fun. But in motorcycle accident cases involving comparative negligence, trying to handle things yourself can be a costly mistake.
Here are some signs you definitely need professional legal help:
The Insurance Company Is Claiming You’re 50% or More at Fault: This is a red flag situation. If they’re trying to push you over that 50% threshold, you need someone who knows how to fight these determinations.
Your Injuries Are Serious: The more severe your injuries, the more money is at stake, and the harder insurance companies will fight to minimize their payout.
There Are Disputes About What Happened: If there are conflicting accounts of the accident, you need someone who knows how to gather and present evidence effectively.
The Other Party Doesn’t Have Insurance or Enough Insurance: This complicates things significantly and often involves dealing with your own insurance company under your uninsured/underinsured motorist coverage.
At McCormick & Murphy P.C., we’ve been handling these types of cases since 1995. We understand how Colorado’s comparative negligence law works and how to fight back against unfair fault determinations. Located at 929 W Colorado Ave in Colorado Springs, we’ve seen just about every variation of motorcycle accident case you can imagine.
What I appreciate about working with experienced attorneys is that they handle cases on a contingent fee basis – meaning you don’t pay attorney fees unless they recover money for you. When you’re dealing with medical bills and lost wages from an accident, this arrangement removes the financial stress of pursuing your case.
The Role of Expert Witnesses
In complex motorcycle accident cases, expert witnesses can make or break your case. These might include:
Accident Reconstruction Experts: These folks can analyze the physical evidence and create detailed recreations of how the accident occurred. They can often debunk insurance company claims about speed, braking distance, or impact angles.
Motorcycle Safety Experts: These experts can testify about proper riding techniques, whether your actions were reasonable under the circumstances, and whether the other party’s claims about motorcycle operation make sense.
Medical Experts: Particularly important for explaining how your injuries occurred and whether they’re consistent with the accident as described.
Economic Experts: For calculating lost earning capacity and future damages, especially important in cases involving permanent injuries.
The key is knowing when you need these experts and how to use their testimony effectively. This is another area where experienced legal representation makes a huge difference.
Understanding Damages in Comparative Negligence Cases
When we talk about damages in motorcycle accident cases, we’re not just talking about your medical bills and bike repairs. Colorado law allows recovery for a wide range of damages, including:
Economic Damages
These are the out-of-pocket costs and financial losses:
- Medical expenses (past and future)
- Lost wages
- Lost earning capacity
- Property damage (your bike, gear, etc.)
- Rehabilitation costs
Non-Economic Damages
These are harder to quantify but equally real:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or scarring
- Loss of consortium (impact on your relationship with your spouse)
The tricky thing about comparative negligence is that it reduces ALL of these damages by your fault percentage. So if you had $50,000 in medical bills and $100,000 in pain and suffering damages, and you’re found 20% at fault, you’d lose 20% of both categories.
Recent Changes in Colorado Law
Colorado’s motorcycle laws have evolved in recent years, and these changes can impact comparative negligence determinations:
Lane Filtering
As of 2022, Colorado allows lane filtering under specific conditions. This means motorcycles can move between stopped or slow-moving traffic in certain situations. However, if you’re in an accident while lane filtering, expect the insurance company to scrutinize whether you were following the specific requirements of the law.
Helmet Laws
Colorado doesn’t require adult motorcyclists to wear helmets, but if you’re in an accident without one, the insurance company will likely argue it contributed to your injuries. While not wearing a helmet can’t increase your fault for causing the accident, it might affect damages if it made your injuries worse than they would have been otherwise.
The Psychology of Jury Decisions
If your case goes to trial, understanding how juries think about motorcycle accidents can be important. Unfortunately, there’s still some bias against motorcyclists in our society.
Some jurors might think:
- Motorcycles are inherently dangerous
- Motorcyclists are risk-takers or adrenaline junkies
- If you choose to ride, you’re “asking for trouble”
A skilled attorney knows how to address these biases during jury selection and throughout the trial. They’ll work to educate jurors about motorcycling and help them see you as a responsible person who happened to be riding a motorcycle, not as a stereotype.
Dealing with Your Own Insurance Company
Here’s something that surprises a lot of people: your own insurance company doesn’t always have your back. If you’re making a claim under your own uninsured/underinsured motorist coverage, your insurance company essentially steps into the shoes of the at-fault party.
This means they might use the same comparative negligence arguments against you that the other party’s insurance would use. It’s a weird situation where the company you’ve been paying premiums to for years suddenly becomes adversarial.
If you find yourself in this situation, you might want to read more about how to file a complaint against an insurance company in Colorado or learn about challenging an insurance company’s decision in bad faith cases.
The Importance of Timing
Colorado has specific time limits (called statutes of limitations) for filing personal injury lawsuits. For most motorcycle accident cases, you have three years from the date of the accident to file suit.
But don’t wait until the last minute. Evidence disappears, witnesses’ memories fade, and your case gets harder to prove as time goes on. The sooner you start building your case, the better position you’ll be in to fight comparative negligence claims.
Moving Forward After an Accident
Dealing with a motorcycle accident is tough enough without having to fight unfair fault determinations. The physical injuries, emotional trauma, and financial stress can be overwhelming.
But here’s what I want you to remember: just because someone claims you’re partially at fault doesn’t make it true. Insurance companies have a financial incentive to minimize their payouts, and they’ll use every tool at their disposal to do so.
You have rights under Colorado law, and you don’t have to accept an unfair fault determination. With proper legal representation and a thorough investigation of your case, you can fight back against these claims and get the compensation you deserve.
The key is acting quickly and getting the right help. Don’t let insurance adjusters pressure you into accepting fault or settling for less than your case is worth. Take the time to understand your rights and explore your options.
Remember, comparative negligence isn’t about finding someone to blame – it’s about fairly allocating responsibility based on what actually happened. When insurance companies try to unfairly shift blame onto motorcyclists, they’re not just hurting individual riders – they’re undermining the entire system of accountability that keeps our roads safer for everyone.
If you’ve been in a motorcycle accident in Colorado and you’re facing comparative negligence claims, don’t go it alone. The stakes are too high, and the system is too complex to handle without experienced help. Reach out to someone who understands both the legal and practical aspects of these cases.
At McCormick & Murphy P.C., we’ve spent decades helping Colorado motorcyclists fight unfair fault determinations and get the compensation they deserve. We understand the unique challenges motorcyclists face, and we’re not intimidated by insurance companies who try to shift blame unfairly.
Your case matters, your rights matter, and you deserve to have someone in your corner who will fight for you. Don’t let comparative negligence become a weapon used against you – make it work the way it’s supposed to work, fairly and based on the actual facts of your case.
The road to recovery after a motorcycle accident is never easy, but understanding your rights under Colorado’s modified comparative negligence law is an important first step. Stay informed, stay protected, and don’t be afraid to stand up for yourself when insurance companies try to treat you unfairly.
After all, you’ve got enough to worry about without having to fight an uphill battle against unfair fault determinations. Focus on your recovery and let experienced professionals handle the legal complexities. That’s what we’re here for.
