You know the look. The one the insurance adjuster gives you when they find out you were on a motorcycle. The shift in their voice when they start asking about your speed, your lane position, what you were wearing. Suddenly it’s not about the driver who didn’t see you — it’s about whether you somehow caused them not to see you.
This is the reality every rider faces after a crash. The assumption is already there. You ride, so you must have been doing something wrong. You ride, so you knew the risks. You ride, so maybe you’re not entitled to the same compensation as someone in a car.
That assumption is wrong. And it’s our job to prove it.
McCormick & Murphy, P.C. represents motorcyclists in Highlands Ranch and throughout Colorado who have been injured by drivers who failed to see them, misjudged their speed, turned left across their path, or simply didn’t look. We know how motorcycle accident cases are different from car accident cases. We know how insurance companies handle them. And we know how to fight back when they try to shift blame onto you because of what you were riding.
Motorcycle accidents result in more severe injuries than passenger vehicle crashes. The numbers bear this out. Riders are 28 times more likely to die in a crash than people in cars. When you have no steel frame around you, no airbags, no crumple zones, physics is not on your side.
This should mean higher settlements. It should mean insurance companies taking these claims more seriously. Instead, what happens is the opposite.
Adjusters see the severity of your injuries and immediately look for reasons to deny or reduce the claim. They dig into your riding history. They question whether you were speeding, even when the crash happened at an intersection. They ask about helmet use, protective gear, lane splitting — anything that might let them argue you contributed to your own injuries.
In Colorado, you can still recover damages even if you were partially at fault. The law uses a modified comparative negligence rule. As long as you are less than 50% responsible for the accident, you can still collect. But your compensation is reduced by your percentage of fault. If you’re awarded $100,000 and found 20% at fault, you receive $80,000.
Insurance companies know this. So they push hard to assign you as much fault as possible. They know that most riders don’t have legal representation. They know that most people will accept a lowball offer just to be done with the process.
We represent riders because someone needs to push back.
Most motorcycle crashes are caused by drivers in passenger vehicles who simply did not see the rider. This is not an excuse. It is negligence.
When you operate a vehicle, you have a duty to look for all other road users. That includes motorcycles. The fact that motorcycles are smaller or less common does not absolve a driver of their responsibility to check blind spots, signal lane changes, and yield the right of way.
Los escenarios más comunes que observamos:
In every one of these situations, the insurance company will try to shift blame to the rider. They will say you were going too fast. They will say you should have anticipated the driver’s mistake. They will say a more experienced rider would have avoided the crash.
None of that changes who had the right of way. None of that changes who violated traffic laws. And none of that erases the other driver’s duty to see you.
Colorado does not require adults to wear helmets. If you are 18 or older, you can legally ride without one.
This does not mean the insurance company won’t use it against you.
Even though helmet use is not required, adjusters will argue that your injuries would have been less severe if you had been wearing one. They will bring in medical experts to testify that your head injury was caused by your choice not to wear a helmet, not by the driver’s choice to turn left in front of you.
Here is what matters: whether or not you were wearing a helmet did not cause the accident. It may have affected the severity of certain injuries, but it did not make the other driver hit you. Causation matters in personal injury law. The defendant is responsible for the harm their negligence caused.
If you were not wearing a helmet and suffered a head injury, that does not automatically bar you from recovering damages. It may affect the amount you recover, but it does not eliminate your case. We have successfully represented riders who were not helmeted at the time of the crash. The analysis is more complex, but your claim is not dead on arrival.
If you were wearing a helmet and still suffered a traumatic brain injury, that tells you everything you need to know about the force of the impact. The insurance company cannot argue you contributed to your injuries by failing to wear protective gear. Your case is stronger — but they will still fight it.
Riders do not have the protection that occupants of passenger vehicles do. When a crash happens, your body absorbs the impact. The injuries reflect that.
We see:
These are not minor injuries. They are not injuries you recover from in a few weeks. Many riders face permanent disability. Many cannot return to the work they did before. Many cannot ride again.
The insurance company will try to minimize this. They will point to your medical bills and say the treatment was excessive. They will send you to their own doctors who will say you are exaggerating your pain. They will offer you a settlement that might cover your current bills but leaves you with nothing for the future care you will need.
We work with medical experts who understand motorcycle injuries. We document every aspect of your treatment. We calculate the full cost of your injury — not just what you have spent, but what you will need for the rest of your life. And we fight for a settlement that reflects that reality.
Insurance adjusters treat “I didn’t see them” as a valid defense. It is not.
Failure to see another vehicle is negligence. It means the driver did not look carefully enough. It means they violated their duty to operate their vehicle safely. It does not excuse the collision.
Proving fault in a motorcycle accident case requires evidence. We gather:
We also look at the other driver’s history. Have they been in previous accidents? Do they have traffic violations? A pattern of unsafe driving strengthens your case.
The insurance company will do their own investigation. They will look for any reason to blame you. That is why you need someone on your side doing the same work they are — but with your interests in mind, not theirs.
Colorado law allows you to recover both economic and non-economic damages in a personal injury case. Economic damages are the financial losses you can calculate. Non-economic damages are the harm that does not come with a receipt.
Los daños económicos incluyen:
Los daños no económicos incluyen:
Insurance companies focus on economic damages because they are easier to dispute. They will say your treatment was unnecessary. They will say you should have returned to work sooner. They will offer you a number that covers your medical bills and maybe a few weeks of lost wages, and they will tell you that is fair.
It is not fair. Your case is worth more than your medical bills. Your injuries have affected every part of your life. You are entitled to compensation for all of it.
In Colorado, the statute of limitations for personal injury claims is two years from the date of the accident. If you do not file a lawsuit within that time, you lose your right to recover damages.
Two years sounds like a long time. It is not.
You will spend weeks or months recovering from your injuries. You will be focused on medical treatment, not legal paperwork. By the time you feel well enough to think about a claim, a year may have passed. Then you start looking for a lawyer. Then the lawyer needs time to investigate, gather evidence, and negotiate with the insurance company. The deadline approaches faster than you expect.
There are also exceptions that can shorten the deadline. If your accident involved a government vehicle or a road defect caused by a municipal entity, you may have as little as 180 days to file a notice of claim. Miss that deadline and your case is over before it starts.
Do not wait. The sooner you contact a lawyer, the stronger your case will be. Evidence disappears. Witnesses forget details. Security footage gets deleted. The insurance company starts building their defense the day after your accident. You should be building yours, too.
Motorcycle accident cases are more complex than standard car accident cases. The injuries are more severe. The liability disputes are more aggressive. The damages are higher. All of this means the insurance company has more reason to fight.
In a typical car accident case with minor injuries, the insurance company may settle quickly. They know their insured was at fault. They know the medical bills are reasonable. They make an offer, you accept, and the case is closed.
Motorcycle cases do not work that way. The insurance company will argue about fault. They will question your injuries. They will bring in experts to dispute your doctor’s treatment plan. They will delay, lowball, and stall, hoping you will give up or accept less than your case is worth.
Settlement takes time because we are not willing to accept an offer that does not fully compensate you. We negotiate. We push back. We prepare your case as if it is going to trial, because that is the only way to get the insurance company to take your claim seriously.
Some cases settle in a few months. Others take a year or more. The timeline depends on the severity of your injuries, the strength of the evidence, and the insurance company’s willingness to negotiate in good faith. We will not rush your case just to close it. We will take the time needed to get the result you deserve.
The decisions you make in the hours and days after a crash will affect your case. Insurance companies are already working against you. Do not make their job easier.
First, get medical attention. Even if you think you are fine, get checked. Adrenaline masks pain. Some injuries do not show symptoms for hours or days. A delay in treatment gives the insurance company an argument that your injuries are not serious or were caused by something other than the accident.
Second, document everything. Take photos of the scene, the vehicles, your injuries, your damaged gear. Get the other driver’s insurance information. Get contact information for any witnesses. If the police respond, get the report number.
Third, do not give a recorded statement to the other driver’s insurance company. They will call you within a day or two. They will sound friendly. They will say they just need your side of the story. What they are really doing is looking for statements they can use against you later. You are not required to talk to them. Politely decline and tell them to contact your lawyer.
Fourth, do not accept a quick settlement offer. The insurance company will try to close your case before you know the full extent of your injuries. They will offer you a few thousand dollars and ask you to sign a release. Once you sign, you cannot come back for more money — even if you discover later that your injuries are worse than you thought.
Finally, call a lawyer. You do not have to figure this out on your own. You do not have to negotiate with adjusters who are trained to minimize your claim. You have rights. We can help you enforce them.
We have seen what happens when riders try to handle these cases on their own. The insurance company talks them into a settlement that covers a fraction of their medical bills. They are left with debt, lost income, and no way to recover what they are owed. By the time they realize they needed a lawyer, it is too late.
We do not take every case. We take cases we believe in. We take cases where the rider was wronged and the insurance company is trying to get away with it. We take cases where the injuries are serious and the stakes are high.
We know how to investigate motorcycle accidents. We know how to counter the bias against riders. We know how to build a case that forces the insurance company to take you seriously.
Puede contactar con McCormick & Murphy, PC en 888-668-1182. Our office is located at 1547 N Gaylord St UNIT 303, Denver, CO 80206. We represent riders in Highlands Ranch, Littleton, Centennial, Lone Tree, Parker, Castle Rock, and throughout the Denver metro area.
Consultations are free. You do not pay unless we recover compensation for you. If the insurance company is already making you feel like the accident was your fault, call us. That is exactly why we are here.
Get to safety if you can move, then call 911. Even if you feel fine, accept medical evaluation at the scene or go to the emergency room — some injuries do not show symptoms immediately, and a gap in treatment gives the insurance company ammunition to argue your injuries are not serious. Document everything: take photos of the scene, the vehicles, your bike, and any visible injuries. Get the other driver’s insurance information and contact details for witnesses. Do not apologize or admit fault to anyone. If the insurance company calls, do not give a recorded statement. Tell them to contact your lawyer. The decisions you make in the first hours after a crash will shape your case, so protect yourself from the start.
Yes. Colorado does not require adults over 18 to wear helmets, so riding without one is not illegal and does not automatically bar you from recovering damages. The insurance company will try to use it against you by arguing that your injuries would have been less severe if you had worn a helmet, and they may succeed in reducing your compensation for certain head or brain injuries. But not wearing a helmet did not cause the accident — the other driver’s negligence did. You can still recover damages; the analysis is more complicated, but your claim is not dead. We have represented riders who were not helmeted and successfully recovered compensation. The key is proving what the other driver did wrong, not what you were or were not wearing.
Failure to see you is not a defense — it is evidence of negligence. Every driver has a duty to look for all road users, including motorcycles. We prove fault with evidence: the police report and any citations issued, witness statements from people who saw the crash, traffic camera or dashcam footage, accident reconstruction analysis that shows the physics of the collision, and cell phone records if we suspect the driver was distracted. We also examine the driver’s history for prior accidents or violations. The insurance company will do their own investigation to blame you, which is why you need someone doing the same work on your side. “I didn’t see them” is an admission that the driver was not paying attention. We use it against them.
You can recover economic damages — medical bills, future medical care, lost wages, lost earning capacity if you cannot return to your old job, and property damage to your motorcycle and gear. You can also recover non-economic damages: pain and suffering, emotional distress, PTSD, loss of enjoyment of life, disfigurement and scarring, and loss of consortium if your injuries affected your relationship with your spouse. The insurance company will try to focus only on your medical bills, but your case is worth more than that. Your injuries have affected every part of your life, and Colorado law allows you to recover for all of it. We calculate the full value of your claim, not just what the insurance company wants to pay.
Two years from the date of the accident in most cases. That is the statute of limitations for personal injury claims in Colorado. If you miss that deadline, you lose your right to recover damages. Two years sounds like a long time, but it passes quickly when you are focused on medical treatment and recovery. If your accident involved a government vehicle or a road hazard caused by a city or county, you may have as little as 180 days to file a notice of claim. Do not wait. Evidence disappears, witnesses forget details, and security footage gets deleted. The sooner you contact a lawyer, the stronger your case will be.
Yes, usually. Motorcycle cases involve more severe injuries, more aggressive liability disputes, and higher damages, which means the insurance company has more reason to fight. In a minor car accident, they may settle quickly because the stakes are low. In a motorcycle case, they will argue about fault, question your injuries, bring in their own medical experts, and delay the process hoping you will give up or accept less than you deserve. Settlement takes time because we are not willing to accept an offer that does not fully compensate you. Some cases settle in months, others take over a year. We prepare every case as if it is going to trial, because that is the only way to get the insurance company to negotiate in good faith.
That is exactly what they do, and it is exactly why you need a lawyer. Insurance companies assume riders are at fault. They dig into your speed, your lane position, your gear, anything that lets them shift blame onto you. In Colorado, you can still recover damages even if you were partially at fault, as long as you are less than 50% responsible. But your compensation is reduced by your percentage of fault, so the insurance company fights hard to assign you as much blame as possible. We push back. We gather the evidence that proves what the other driver did wrong. We counter their bias with facts. Riders face this in every case. It is not fair, but it is reality. Our job is to make sure it does not cost you the compensation you are owed.
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Colorado Springs, Colorado
80905
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