You were riding. Someone pulled out in front of you, changed lanes without looking, or turned left across your path. Now you’re injured, your bike is totaled, and the insurance adjuster is already asking whether you were speeding or if you had time to brake. They’re looking for a reason to blame you because you were on a motorcycle.
This happens in nearly every motorcycle accident case. The assumption that the rider must have been doing something wrong. The questions about whether you were “showing off” or “weaving through traffic.” The claims adjuster who opens with “motorcycles are just dangerous” before they’ve even looked at the police report.
Bias against motorcycle riders is real. It affects how accidents are investigated, how fault is assigned, and how much compensation insurance companies are willing to offer. But that bias doesn’t change the law. If another driver caused your crash, you have the same right to compensation as anyone else on the road.
McCormick & Murphy, P.C. handles motorcycle accident cases throughout Loveland and Northern Colorado. We know how these cases are different from car accident claims. We know what insurance companies will say. And we know how to fight back.
Llamar 888-668-1182 to talk with a motorcycle accident lawyer who understands what you’re up against.
When two cars collide, insurance companies focus on damage to the vehicles and who had the right of way. When a motorcycle is involved, they focus on the rider. What you were wearing. How fast you were going. Whether you had enough experience. Whether motorcycles should even be on the road in the first place.
The legal standards are the same. But the fight to get fair compensation is harder because you have to overcome assumptions that have nothing to do with what actually happened.
Motorcycle accident cases also involve injuries that are more severe than typical car accident injuries. You don’t have a steel frame around you. You don’t have airbags. A crash that would result in a fender bender for a car can put a rider in the hospital with fractures, road rash, or traumatic brain injury.
Insurance companies know this. They know your medical bills will be higher. They know your recovery will take longer. And they know that if they can shift even a small percentage of fault onto you, they can reduce what they have to pay by tens of thousands of dollars.
Most motorcycle accidents are caused by drivers in cars and trucks who simply didn’t see the rider or didn’t give them the space they deserved. These are the scenarios we see most often:
In almost every one of these situations, the other driver will say they didn’t see you. That’s not a defense. Drivers have a legal duty to look for all vehicles on the road, including motorcycles. If they didn’t see you, they weren’t looking carefully enough.
After a motorcycle accident, the other driver’s insurance company will look for any reason to say you were partially or fully at fault. They will scrutinize every detail. They will ask leading questions. They will mischaracterize what you said in your statement.
Colorado uses a modified comparative negligence rule. That means if you are found to be more than 50% at fault for the accident, you cannot recover any compensation. If you are found to be 30% at fault, your compensation is reduced by 30%. Insurance companies use this rule as leverage to lowball settlements.
They will argue you were going too fast even if you were under the speed limit. They will say you should have been able to avoid the collision even if the other driver turned directly in front of you with no warning. They will point to any minor traffic violation—a lane change without signaling two miles before the crash—and use it to argue shared fault.
This is where having a lawyer who handles motorcycle cases makes a difference. We know what arguments insurance companies will make because we’ve heard them all before. We know how to counter them with accident reconstruction, witness statements, traffic camera footage, and physics.
Colorado does not require riders over 18 to wear a helmet. But insurance companies will still ask whether you were wearing one. And if you weren’t, they will try to use that against you.
Here’s what the law actually says: whether you were wearing a helmet is only relevant if your injuries were to your head. If you suffered a broken leg, fractured ribs, or road rash, the absence of a helmet has nothing to do with those injuries. An insurance company cannot reduce your compensation for a leg injury by arguing you should have been wearing a helmet.
Even in cases involving head injuries, the question is not whether you were wearing a helmet. The question is whether the helmet would have prevented the specific injury you suffered. That requires medical expert testimony and accident reconstruction, not assumptions.
If you were not wearing a helmet and you suffered a head injury, it does not mean you have no case. It means the insurance company will fight harder. We’re prepared for that fight.
Motorcycle riders face injury risks that drivers of enclosed vehicles do not. When a car hits a motorcycle, the rider absorbs the impact. The injuries reflect that reality.
Common injuries in motorcycle accidents include:
These injuries come with long recovery times, multiple surgeries, and medical bills that can reach into the hundreds of thousands of dollars. They also come with lost wages, loss of future earning capacity, and permanent changes to your quality of life.
Insurance companies know all of this. That’s why they work so hard to minimize your claim or deny it altogether.
The decisions you make in the hours and days after a motorcycle crash can affect your ability to recover compensation. Here’s what you should do:
Busque atención médica de inmediato. Even if you think your injuries are minor, get checked out. Adrenaline can mask pain, and some injuries don’t show symptoms right away. A gap between the accident and your first medical visit gives the insurance company an argument that your injuries weren’t serious or weren’t caused by the crash.
Llame a la policía. You need an official accident report. The report documents what happened, who was involved, and whether any citations were issued. Insurance companies give weight to police reports, and you want that report to be accurate.
Documenta la escena si puedes. Take photos of your bike, the other vehicle, the road conditions, and any visible injuries. Get contact information from witnesses. If you’re too injured to do this yourself, ask someone else to do it.
No proporcione ninguna declaración grabada a la compañía de seguros del otro conductor. They will call you within a day or two and ask you to describe what happened. They will sound friendly. They are not your friend. Anything you say will be used to reduce or deny your claim. You are not legally required to give them a statement. Refer them to your lawyer.
Do not accept a quick settlement offer. Insurance companies often make low settlement offers within the first few weeks after an accident, before you know the full extent of your injuries or how long your recovery will take. Once you accept a settlement, you cannot come back later for more money, even if your injuries turn out to be worse than you thought.
Talk to a motorcycle accident lawyer before you talk to any insurance company. You need someone on your side who knows what your case is worth and what the insurance company is going to try to do.
Colorado law gives you three years from the date of the accident to file a personal injury lawsuit. That might sound like a long time. It’s not.
Evidence disappears. Witnesses forget details or move away. Surveillance footage gets deleted. The longer you wait, the harder it becomes to build a strong case.
Insurance companies also interpret delay as a sign that your injuries weren’t serious or that you don’t have a strong claim. The sooner you start the process, the stronger your position.
Three years is a deadline, not a suggestion. If you miss it, you lose your right to sue, no matter how strong your case is.
Every motorcycle accident case is different, but compensation typically includes:
Insurance companies will try to minimize every one of these categories. They’ll say your medical treatment was excessive. They’ll argue you could have returned to work sooner. They’ll offer a few hundred dollars for a totaled bike worth thousands.
We push back with documentation, expert testimony, and a willingness to take your case to trial if the insurance company won’t make a fair offer.
Not all personal injury lawyers handle motorcycle accidents the same way they handle car accidents. The bias is different. The injuries are different. The defenses are different.
A lawyer who doesn’t regularly handle motorcycle cases might not know how to counter the argument that you should have been able to swerve or brake in time. They might not understand the physics of how a motorcycle handles compared to a car. They might not know what questions to ask an accident reconstruction expert.
These details matter. They’re the difference between an insurance company taking your claim seriously and treating it as a nuisance they can settle for pennies on the dollar.
McCormick & Murphy, P.C. has handled motorcycle accident cases throughout Loveland, Fort Collins, Greeley, and Northern Colorado. We know the roads. We know the local courts. And we know what it takes to win these cases.
We represent motorcycle accident victims in Loveland and throughout Northern Colorado, including Fort Collins, Greeley, Longmont, Boulder, Brighton, Estes Park, and the surrounding areas. If your crash happened on I-25, Highway 34, Highway 287, or any road in Larimer, Weld, or Boulder County, we can help.
Your first consultation is free. We don’t charge upfront fees, and we don’t get paid unless you get a settlement or verdict. You risk nothing by calling.
Visita McCormick y Murphy, PC o llamar 888-668-1182 to talk with a motorcycle accident lawyer who will fight for the compensation you deserve.
Yes. Colorado does not require riders over 18 to wear a helmet, and not wearing one does not automatically bar you from recovering compensation. The insurance company may try to argue that your injuries would have been less severe with a helmet, but that argument only applies to head injuries, not injuries to other parts of your body. Even in head injury cases, the question is whether a helmet would have prevented your specific injury, which requires medical expert analysis. Not wearing a helmet does not mean you were at fault for the accident or that you have no case.
Call 911 and get medical help even if you feel okay. Adrenaline can mask serious injuries. Stay at the scene and cooperate with police. Take photos of your bike, the other vehicle, road conditions, and visible injuries if you’re able. Get names and contact information from witnesses. Do not apologize or admit fault to anyone. Do not give a recorded statement to the other driver’s insurance company. Contact a motorcycle accident lawyer before speaking with any insurance adjuster. Early legal guidance protects your rights and prevents you from saying something that could be used against you later.
Colorado’s statute of limitations gives you three years from the date of the accident to file a personal injury lawsuit. While three years may seem like plenty of time, evidence fades quickly. Witnesses move or forget details, surveillance footage gets deleted, and physical evidence disappears. Insurance companies also view delays as a sign of weakness. The sooner you begin the claims process, the stronger your case will be. If you miss the three-year deadline, you lose your right to sue regardless of how strong your case is.
“I didn’t see you” is not a legal defense. Colorado law requires all drivers to maintain a proper lookout for other vehicles, including motorcycles. If a driver failed to see you, it means they were not paying adequate attention or did not look carefully enough before turning, changing lanes, or pulling out. This is negligence, and the driver can be held liable for the accident and your injuries. We use accident reconstruction, witness testimony, and traffic laws to prove that the other driver’s failure to see you was a failure to exercise reasonable care.
Motorcycle accident cases face greater bias from insurance companies, who often assume the rider was at fault or behaving recklessly. The injuries in motorcycle crashes are typically more severe because riders lack the protection of a metal frame and airbags. Insurance adjusters scrutinize every detail of the rider’s actions and will look for any excuse to reduce the claim. Motorcycle cases also require a deeper understanding of motorcycle handling, physics, and rider behavior. These differences mean that experience with motorcycle-specific cases is critical to overcoming the bias and securing full compensation.
Yes, as long as you are less than 50% at fault. Colorado follows a modified comparative negligence rule, meaning you can recover compensation even if you share some blame for the accident, but your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, you can recover 80% of your total damages. However, if you are found to be 50% or more at fault, you cannot recover anything. Insurance companies exploit this rule by inflating your share of fault to reduce what they have to pay. An experienced motorcycle accident lawyer will challenge their claims and fight to minimize any fault assigned to you.
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