Boulder County · Rider fault and comparative negligence
Boulder Motorcycle Rider Fault Lawyers
Boulder motorcycle rider fault lawyers for riders hurt in Boulder. Free consultation. No fee unless we recover for you.
When Insurers Try to Blame the Rider
McCormick & Murphy are Boulder motorcycle rider fault lawyers for riders blamed for speed, lane position, or not being seen. We file in Boulder County Justice Center.
After a motorcycle crash in Boulder, the insurance company will often look for a reason to blame the rider first. We hear the same arguments again and again: the rider was speeding, riding in the wrong part of the lane, or not visible to the other driver. These are claims that have to be checked against the actual facts of the crash, not assumptions the adjuster makes because a motorcycle was involved.
Under Colorado law, C.R.S. § 13‑21‑111, a rider's recovery is reduced by their own share of fault, and recovery is barred if the rider's negligence is equal to or greater than the fault of the driver being held responsible. That means how fault gets divided matters directly to what a claim is worth. We push back on inflated fault arguments and work to establish an accurate picture of what happened on the road.
The crash report is a starting point, not the final word. We've seen reports that rely on assumptions about motorcycles rather than a full review of the scene, the vehicles, and the people who saw it happen. Our job is to build the case around what the evidence actually shows.
Building the Real Picture of Fault
Physical evidence at the crash scene often tells a different story than the initial report. Skid marks, vehicle damage patterns, debris fields, and the final resting positions of the bike and other vehicle can show speed, lane position, and point of impact more reliably than an officer's on-scene notes. We also look for traffic camera footage, dash cam video from nearby vehicles, and business surveillance footage along corridors like Arapahoe Avenue, Broadway, or U.S. Highway 36, where cameras are common.
Witness statements matter too, especially independent witnesses with no connection to either driver. We track down and interview people who saw the crash unfold, not just those listed in the police report. Combined with the physical evidence, this helps us counter a fault argument that's based on generalizations about motorcyclists rather than what actually happened at that intersection or stretch of road.
- Photos of your bike, gear, and the crash scene from multiple angles
- Contact information for any witnesses at the scene
- Names of any businesses nearby that may have surveillance cameras
- Your riding gear, including helmet and jacket, without repairs or cleaning
- Any dash cam or helmet cam footage you or others may have captured
Boulder County Crashes and Local Investigation
Boulder has a mix of riding conditions that come up often in fault disputes: busy corridors like Arapahoe Avenue and Broadway, the higher-speed stretch of U.S. Highway 36 connecting to Louisville and Lafayette, and areas where visibility and lane position are frequently contested. Each of these settings creates different fact patterns, and we tailor our investigation to the specific road and traffic conditions where the crash occurred.
When a case proceeds through the court system, it's typically handled at the Boulder County Justice Center. Medical records from treatment at facilities like Boulder Community Health Foothills Hospital can also help establish the nature and timing of injuries, which ties directly into disputes over how the crash happened and who was at fault.
What May Be Affected by a Fault Dispute
- Medical expenses tied to the crash
- Lost income from time away from work
- Repair or replacement costs for the motorcycle and gear
- Compensation for pain and physical limitations
- Future medical or rehabilitation needs
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Boulder — and read client testimonials.
After I was hit by a drunk driver with no insurance, my own insurer refused UM benefits. McCormick & Murphy sued for uninsured motorist benefits and bad faith. A jury awarded me over $900,000.
C. O., Denver · UM / bad-faith verdict
Prior results do not guarantee a similar outcome. Every case depends on its facts, coverage, venue, and evidence.
Boulder Motorcycle Rider Fault Lawyers FAQ
Do I need Boulder motorcycle rider fault lawyers after a crash?
Call Boulder motorcycle rider fault lawyers when you were hurt, fault is disputed, or an insurer delays, denies, or offers less than the medical bills. The nearest office is in Denver, CO.
What happens if the insurance company says I was partly at fault?
Under Colorado's comparative negligence law, your recovery can be reduced by your share of fault, but you're not automatically barred from recovering unless your fault is equal to or greater than the other driver's. We investigate the actual evidence rather than accepting the insurer's initial assessment. A fault percentage isn't final until it's backed by real proof.
Does the police report decide who was at fault?
No. The police report is one piece of evidence, but it doesn't control the outcome of an injury claim. Officers sometimes make assumptions about motorcycles that aren't supported by the physical evidence. We look at skid marks, vehicle damage, video, and witness accounts to build a more complete picture.
Can lane position really be used against a rider?
Insurers sometimes argue a rider's lane position contributed to a crash, even when that position was reasonable or required by traffic conditions. We examine the road layout and circumstances at the time of the crash to determine whether that argument holds up. Context matters, and we don't let it go unchallenged.
What if there's video footage of my Boulder crash?
Video from traffic cameras, nearby businesses, or dash cams can be some of the strongest evidence in a fault dispute. We move quickly to identify and request footage from locations along roads like Arapahoe Avenue or U.S. Highway 36 before it gets overwritten or deleted. This footage can directly contradict an insurer's fault narrative.
How do I know if I still have a valid claim if I was partly at fault?
It depends on how fault compares between you and the other driver, which is why a real investigation matters before assuming your claim is weak. Many riders are told they were at fault when the evidence doesn't support that conclusion. A free consultation lets us review the specifics of your crash and give you a straight answer.
Discuss a Boulder motorcycle crash
Free consultation. No attorney fee unless we recover for you.