City and County of Denver · Rider fault and comparative negligence
Denver Motorcycle Rider Fault Lawyers
Denver motorcycle rider fault lawyers for riders hurt in Denver. Free consultation. No fee unless we recover for you.
When Insurers Blame the Rider
McCormick & Murphy are Denver motorcycle rider fault lawyers for riders blamed for speed, lane position, or not being seen. We file in Denver District Court.
After a motorcycle crash in Denver, the first move by an insurance adjuster is often to point at the rider. Speed, lane position, and visibility are the usual targets. These are claims to be tested, not facts to accept at face value.
Colorado law does not automatically bar a rider from recovering just because fault is shared. Under C.R.S. § 13‑21‑111, a rider's recovery is reduced by their own share of negligence, and recovery is barred only when the rider's negligence is as great as or greater than the negligence of the party they are pursuing. That distinction matters, because insurers frequently overstate the rider's share to push the claim toward denial.
We look at how the fault argument is being built and whether it holds up against the actual facts of the crash. A claim that the rider was speeding or hard to see is not the end of the analysis. It is the start of ours.
Testing the Fault Argument
The police report from a Denver crash is a starting point, not a verdict. Officers arrive after the fact and often rely on statements from drivers who did not see the motorcycle clearly or who have their own reasons to shift blame. We treat the report as one piece of evidence among several, not the final word on what happened.
Physical evidence, traffic camera or dash cam video, skid marks, vehicle damage patterns, and independent witness accounts can all contradict an insurer's version of events. In a dense corridor like Capitol Hill, Five Points, Cherry Creek, Highland, or RiNo, there are often more potential witnesses and camera angles than an initial report reflects. We work to track those down before they disappear.
- Photos of the crash scene, lane markings, and vehicle positions
- Contact information for any witnesses at the scene
- Names of businesses nearby that may have exterior camera footage
- Your own account of speed, lane position, and visibility before the crash
- Any correspondence from the insurer alleging you were at fault
Handling Fault Disputes in Denver
Motorcycle crashes tied to fault disputes in Denver are typically handled through Denver District Court, and treatment records from providers like Denver Health Medical Center often become part of the evidence record when injuries and the mechanics of the crash are in question.
We work from our Denver, CO office and are familiar with how comparative fault arguments tend to play out on the city's mixed corridors of traffic and pedestrian activity, from Five Points to Cherry Creek. That familiarity helps us anticipate the arguments insurers raise before they raise them.
What's at Stake in a Shared-Fault Claim
- Medical treatment and follow-up care costs
- Lost income during recovery
- Property damage to the motorcycle and gear
- Pain and disruption to daily life
- Future costs tied to lasting injury
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Denver — 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.
Denver Motorcycle Rider Fault Lawyers FAQ
Do I need Denver motorcycle rider fault lawyers after a crash?
Call Denver motorcycle rider fault lawyers when you were hurt, fault is disputed, or an insurer delays, denies, or offers less than the medical bills. The Denver office is in Denver, CO.
Does being partly at fault mean I can't recover anything?
Not necessarily. Under Colorado's comparative negligence rule, your recovery is reduced by your share of fault, but you can still recover unless your share is equal to or greater than the other party's. Each case depends on the specific facts.
Can the police report decide how much I was at fault?
No. The police report is one piece of evidence, but it does not control the outcome of a claim. Other evidence, including video, physical evidence, and witness statements, can support a different version of events.
What if the insurer says I was speeding?
That claim needs to be tested against the actual evidence, not accepted automatically. We look at crash reconstruction indicators, road conditions, and witness accounts to see whether the speeding argument actually holds up.
Why do insurers focus on lane position?
Lane position arguments are a common way for insurers to suggest the rider contributed to the crash. These arguments often ignore how traffic, road design, or the other driver's actions actually unfolded.
How do you challenge a fault-shifting argument in Denver?
We gather scene evidence, look for nearby camera footage, and track down witnesses to build a factual picture that may contradict the insurer's version. We also review any filings connected to Denver District Court proceedings when applicable.
Discuss a Denver motorcycle crash
Free consultation. No attorney fee unless we recover for you.