You were riding legally. Following the rules of the road. Staying in your lane. And someone in a car still hit you.
Now you’re hurt. Your bike is totaled. And the insurance company is already asking questions that sound like they’re building a case against you.
That assumption – that the rider must have been doing something wrong – is real. It’s unfair. And it’s exactly why you need a lawyer who knows how to fight it.
At McCormick & Murphy, P.C., we represent motorcycle accident victims across Boulder and throughout Colorado. We know the bias you’re up against. We know how to prove what actually happened. And we know what your case is worth.
Motorcycle accident cases aren’t just car accidents with two wheels. The physics are different. The injuries are different. And the way insurance companies treat you is completely different.
When two cars collide, the question is usually which driver made the mistake. When a car hits a motorcycle, the question too often becomes: what was the rider doing wrong?
Riders face bias at every stage. From the officer writing the report to the claims adjuster reviewing your file to the defense attorney arguing your case in court. The assumption is that motorcycles are inherently dangerous and riders are inherently reckless.
None of that is backed by data. What the data actually shows is that the majority of motorcycle accidents involving another vehicle are caused by the driver of that vehicle – not the rider.
The most common cause? Failure to yield. A driver turns left in front of an oncoming motorcycle. Or pulls out from a side street. Or changes lanes without looking.
They didn’t see you. Or they saw you and misjudged your speed. Or they looked right at you and decided they had time.
They were wrong. And you paid the price.
Boulder’s roads present specific challenges for riders. Scenic routes that wind through the foothills. Heavy traffic on Broadway and 28th Street. Tourists unfamiliar with local roads. Cyclists, pedestrians, and congestion throughout downtown.
We see the same patterns again and again:
In almost every one of these scenarios, the rider was doing nothing wrong. You were visible. You were riding defensively. You were following the law.
The other driver just didn’t look. Or didn’t care. Or didn’t think a motorcycle counted as real traffic.
Riders don’t have a steel cage around them. No airbags. No crumple zones. When you go down, your body absorbs the impact.
Even a so-called “minor” motorcycle accident can leave you with serious injuries:
These aren’t injuries you recover from in a few weeks. You’re looking at months of treatment. Surgery. Physical therapy. Time off work. Bills that don’t stop coming.
And while you’re trying to heal, the insurance company is trying to pay you as little as possible.
Insurance adjusters have one job: protect the company’s money. That means finding a way to deny your claim or reduce what they pay you.
When you’re a motorcyclist, they have a ready-made excuse: you were on a bike, so you must have been doing something risky.
They’ll look for anything they can use against you. Were you wearing a helmet? What about protective gear? How fast were you going? Were you lane-splitting? Doing a wheelie? Showing off?
They’ll argue you were driving aggressively just because you were on a motorcycle. They’ll say you were hard to see. They’ll claim their driver couldn’t have avoided you.
None of this has to be true. They just need to create enough doubt to justify a lowball offer.
That’s where an experienced motorcycle accident lawyer makes the difference. We know their playbook. We know how to counter it. And we know how to prove what really happened.
Winning your case means proving the other driver caused the accident. That takes evidence. Real, documented proof that shows exactly what happened and who was at fault.
We start by collecting everything:
We also bring in experts when needed. An accident reconstructionist can analyze skid marks, impact damage, and road conditions to show exactly how the crash happened. A biomechanical engineer can explain how your injuries match the forces involved in the collision. A vocational expert can calculate the earning capacity you’ve lost.
Evidence doesn’t lie. And when the evidence is on your side, the insurance company’s bias becomes irrelevant.
Colorado does not require adult riders to wear helmets. If you’re 18 or older, you can legally ride without one.
But insurance companies will still try to use it against you.
They’ll argue that your injuries wouldn’t have been as severe if you’d been wearing a helmet. That you assumed the risk by riding without one. That you were negligent and contributed to your own harm.
Here’s what the law actually says: helmet use can be considered in a personal injury case, but only if your head or brain injuries would have been prevented or reduced by wearing one. If your injuries are to your legs, pelvis, ribs, or internal organs, a helmet wouldn’t have made any difference.
Even if you do have a head injury and weren’t wearing a helmet, that doesn’t automatically bar you from recovering compensation. Colorado follows a modified comparative negligence rule. As long as you’re less than 50% at fault for the accident, you can still recover damages. Your compensation may be reduced by your percentage of fault, but you’re not shut out entirely.
The key question is still: who caused the accident? If the other driver ran a red light or turned left in front of you, your choice not to wear a helmet didn’t cause the crash. Their negligence did.
Every case is different. The value depends on your specific injuries, how they affect your life, and how strong the evidence is against the other driver.
But compensation in a motorcycle accident case can include:
Insurance companies will try to minimize every one of these categories. They’ll say your treatment was excessive. That you didn’t need surgery. That you should be back at work by now. That your pain isn’t that bad.
We don’t let them get away with it. We document everything. We work with your doctors to show the full extent of your injuries and the treatment you need. And we fight for every dollar you’re owed.
In Colorado, you generally have three years from the date of the accident to file a personal injury lawsuit. Miss that deadline and you lose your right to sue.
Three years sounds like plenty of time. But cases take longer to build than most people realize. Evidence disappears. Witnesses move or forget details. Medical records get archived.
The sooner you involve a lawyer, the stronger your case will be. We can start gathering evidence while it’s still fresh. Lock in witness statements. Preserve surveillance footage before it’s deleted. Document your injuries and treatment from day one.
Waiting until year two or year three leaves you scrambling. And it gives the insurance company more time to build their defense against you.
You have the legal right to represent yourself. You can file a claim. Negotiate with the insurance company. Even go to court if you need to.
But you’re not on equal footing. The insurance company has a team of adjusters, investigators, and attorneys whose job is to protect their money. They do this every day. They know every tactic. Every loophole. Every way to twist your words or use your own statements against you.
You’re recovering from injuries. Dealing with medical appointments. Trying to figure out how to pay your bills. You don’t have the time, the training, or the resources to go up against a billion-dollar corporation.
An experienced motorcycle accident lawyer levels the playing field. We know how insurance companies operate because we’ve been fighting them for years. We know what your case is actually worth – not what they want you to think it’s worth. And we know when to push back and when to take them to court.
You don’t pay us anything unless we win. That’s how confident we are that we can get you results.
The decisions you make in the hours and days after your accident can affect your claim. Here’s what you need to do:
Get medical attention immediately. Even if you don’t think you’re seriously hurt. Adrenaline masks pain. Some injuries don’t show symptoms right away. See a doctor. Get checked out. And follow their treatment plan.
Call the police. You need an official accident report. Don’t leave the scene without one, even if the other driver says you can work it out privately.
Document everything. Take photos of the scene, the vehicles, your injuries, road conditions, skid marks, debris – everything. Get the other driver’s information. Talk to witnesses and get their contact details.
Don’t give a recorded statement to the insurance company. They’ll call you within hours. They’ll sound friendly. They’ll say they just need to hear your side of the story. Don’t do it. Anything you say can be used to devalue or deny your claim.
Don’t post about the accident on social media. The insurance company will look. If you post a photo of yourself smiling or doing any kind of activity, they’ll argue you’re not really hurt.
Don’t accept a settlement offer without talking to a lawyer first. The first offer is almost always too low. Once you accept it, you can’t come back for more – even if your injuries turn out to be worse than you thought.
Call a lawyer. The sooner we’re involved, the better we can protect your rights.
We don’t take every case that walks through the door. We take cases we believe in. Cases where the client was wronged and deserves to be made whole.
When you work with us, here’s what happens:
We listen. You tell us what happened. We ask questions. We learn about your injuries, your treatment, and how this accident has affected your life.
We investigate. We gather every piece of evidence. Police reports. Medical records. Witness statements. Photos. Video. Anything that helps prove your case.
We build your claim. We calculate the full value of your damages – not just what you’ve spent so far, but what you’ll need in the future. We don’t leave money on the table.
We negotiate. We present your claim to the insurance company with the evidence to back it up. We push for a fair settlement. We don’t accept lowball offers.
We go to trial if we have to. Most cases settle. But if the insurance company won’t make a reasonable offer, we’re ready to take your case to court. We’ve done it before. We’ll do it again.
You don’t pay us anything upfront. No retainer. No hourly fees. We only get paid if we win your case. That means we have every incentive to get you the maximum compensation possible.
Our office is in Denver, but we represent motorcycle accident victims throughout the Boulder area and across Colorado. We handle cases in Boulder, Longmont, Lafayette, Louisville, Superior, Erie, Broomfield, Westminster, Arvada, Wheat Ridge, Lakewood, Golden, and beyond.
If you were hit anywhere along the Front Range – from Fort Collins to Castle Rock – we can help.
You have the same right to the road as anyone else. The same right to expect other drivers to follow the law. The same right to compensation when someone else’s negligence injures you.
The fact that you were on a motorcycle doesn’t change that. It doesn’t make you reckless. It doesn’t mean you assumed the risk. And it doesn’t give insurance companies permission to lowball you or blame you for an accident you didn’t cause.
If you’ve been hurt in a motorcycle accident in Boulder, you deserve a lawyer who understands what you’re up against and knows how to fight back.
Call McCormick & Murphy, P.C. at 888-668-1182. We’ll review your case, answer your questions, and tell you honestly whether we can help.
You rode legally. You deserve to be compensated fairly.
Yes. Colorado does not require adult riders to wear helmets, so riding without one is not illegal. If you have a head or brain injury, the insurance company may argue that a helmet would have reduced your injuries, and that could affect the amount you recover under Colorado’s comparative negligence rules. But if your injuries are to other parts of your body – your legs, ribs, pelvis, or internal organs – helmet use is irrelevant. Even if helmet use is a factor, you can still recover compensation as long as you are less than 50% at fault for the accident itself. The key question remains who caused the crash, not what protective gear you were wearing.
Proof comes from evidence. We start with the police report, photos of the scene and vehicle damage, and witness statements. We look for surveillance footage from nearby businesses or traffic cameras. If the other driver was distracted, we can subpoena cell phone records. If the facts are disputed, we bring in accident reconstruction experts who analyze skid marks, impact angles, and road conditions to show exactly how the crash happened. Physical evidence and expert testimony are far more powerful than what either driver says after the fact. The more documentation we have, the harder it is for the insurance company to shift blame onto you.
That’s a common tactic, and it’s based on bias, not evidence. Insurance companies know that juries and adjusters sometimes assume motorcyclists take risks, so they try to use that assumption against you. We counter it by showing what actually happened. If you were obeying the speed limit, staying in your lane, and riding defensively, the evidence will prove it. We use traffic camera footage, witness statements, and accident reconstruction to show you were doing nothing wrong. We don’t let them get away with vague accusations. We make them prove their claims, and when they can’t, their argument falls apart.
In Colorado, the statute of limitations for personal injury claims is generally three years from the date of the accident. If you don’t file a lawsuit within that time, you lose your right to sue. While three years may seem like a long time, building a strong case takes months. Evidence disappears. Witnesses forget details. The sooner you involve a lawyer, the better we can preserve the facts and build your claim. Waiting until the deadline is close puts you at a serious disadvantage.
You can recover compensation for all damages caused by the accident. That includes medical expenses – emergency care, surgery, hospital stays, rehab, prescriptions, and future treatment. You can recover lost income for time you’ve missed from work and future lost earning capacity if your injuries prevent you from returning to your job. You’re entitled to compensation for property damage to your motorcycle and gear. You can also recover for pain and suffering, permanent disability or disfigurement, and loss of enjoyment of life if your injuries prevent you from doing activities you used to enjoy. The goal is to make you whole – to cover every financial and personal loss the accident caused.
No. The first offer is almost always too low. Insurance companies hope you’ll take it before you understand the full extent of your injuries or talk to a lawyer. Once you accept a settlement, you can’t come back for more money – even if you discover later that your injuries are worse than you thought or that you need additional surgery. Before you accept anything, talk to a lawyer. We’ll review the offer, calculate what your case is actually worth, and tell you whether it’s fair. Most of the time, we can negotiate a significantly higher settlement. Don’t leave money on the table because you were pressured into a quick decision.
First, get medical attention even if you think you’re okay. Some injuries don’t show symptoms right away. Call the police and make sure an official accident report is filed. Document everything – take photos of the scene, the vehicles, your injuries, and road conditions. Get contact information from witnesses. Do not give a recorded statement to the insurance company without talking to a lawyer first. Anything you say can be used against you. Don’t post about the accident on social media. And don’t accept a settlement offer before speaking with an attorney. The decisions you make in the first few hours and days can have a major impact on your ability to recover fair compensation.
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Disclaimer: The information on this website is for information purposes only. This website should not be taken as legal advice. Prior results do not guarantee a similar outcome. This information should not be taken as the formation of a lawyer or attorney client relationship.
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