You’re out cruising down Highway 24 through the beautiful Colorado Rockies, wind in your hair, sitting behind your friend on their motorcycle. It’s one of those perfect Colorado days – until suddenly, it’s not. A distracted driver runs a red light, and your world turns upside down in an instant.
If you’ve been in a motorcycle accident as a passenger, you’re probably dealing with a whirlwind of emotions, pain, and confusion. Who’s going to pay for your medical bills? What are your rights? Can you sue your friend who was driving? These are tough questions, and honestly, the answers aren’t always straightforward.
Here’s the thing – as a motorcycle passenger in Colorado, you actually have more rights than you might think. But the insurance companies? They’re not exactly going to roll out the red carpet and explain everything to you. And that’s where we can help. We’ve seen too many passengers get shortchanged because they didn’t know what they were entitled to.
Understanding Your Rights as a Motorcycle Passenger in Colorado
You’re Not Just Along for the Ride – You Have Real Legal Rights
Let’s get one thing straight from the start: being a passenger doesn’t make you a second-class citizen when it comes to accident claims. You have the same right to compensation for your injuries as anyone else involved in the crash. The only difference? You weren’t controlling the vehicle, which actually works in your favor most of the time.
In Colorado, passengers are what we call “innocent parties.” You weren’t making decisions about speed, lane changes, or following distance. You were just trusting someone else to get you safely to your destination. When that trust gets broken by an accident, the law recognizes that you deserve to be made whole again.
The Helmet Law Situation – What You Need to Know
Colorado doesn’t require adult motorcycle passengers to wear helmets (for those 18 and older), but here’s our honest take: wear one anyway. Not just for safety (though that’s obviously huge), but because insurance companies love to point fingers. If you weren’t wearing a helmet and suffered a head injury, they’ll try to argue that your damages should be reduced because you were “comparatively negligent.”
It’s frustrating, but it’s reality. We’ve seen cases where passengers who weren’t wearing helmets had their settlements reduced by 10-20%, even when the accident wasn’t their fault at all. Don’t give the insurance companies any ammunition to use against you. Our attorneys know how to counter these arguments effectively.
Multiple Insurance Policies Can Work in Your Favor
Here’s something most people don’t realize: as a motorcycle passenger, you might have access to several different insurance policies. This isn’t just good news – it’s potentially great news for your recovery.
You could have claims against:
- The other driver’s liability insurance.
- The motorcycle driver’s liability insurance (yes, even if they’re your friend).
- Tu propio Cobertura para conductores sin seguro o con seguro insuficiente (UM/UIM) on your auto policy (even if you weren’t in a car).
- Your own medical payments (MedPay) coverage.
- Your health insurance as a backup.
Think of it like having multiple safety nets. If one policy doesn’t cover everything, the others might pick up the slack.
Who’s Actually Responsible for Your Injuries?
When Another Driver Caused the Accident
Most of the time, if another driver caused the crash, they’re going to be primarily responsible for your injuries. This is pretty straightforward – their insurance should cover your medical bills, lost wages, pain and suffering, and other damages.
But here’s where it gets tricky: what if that other driver doesn’t have enough insurance? Colorado only requires drivers to carry $25,000 in bodily injury coverage per person. If you’ve got serious injuries from a motorcycle accident, that’s probably not going to cut it. A single ambulance ride and emergency room visit can eat up a huge chunk of that.
This is where having good uninsured/underinsured motorist coverage becomes a lifesaver. If the at-fault driver’s insurance is insufficient, you might be able to tap into the motorcycle driver’s UM/UIM coverage, or your own.
When Your Friend (The Motorcycle Driver) Was at Fault
This is the awkward conversation nobody wants to have. What happens if the person driving the motorcycle – maybe your friend, spouse, or family member – was actually at fault for the accident?
We get it. The last thing you want to do is sue someone you care about. But here’s the reality: their insurance is there for exactly this situation. You’re not really suing your friend – you’re making a claim against their insurance policy that they’ve been paying for.
Your friend’s insurance company might try to make you feel guilty about this, but don’t fall for it. That’s literally what insurance is for. Your friend won’t be paying out of pocket (assuming they have adequate coverage), and you deserve to have your medical bills paid and your injuries compensated. Our attorneys can handle these sensitive situations with professionalism and care.
Comparative Fault in Colorado
Colorado follows what’s called “negligencia comparativa modificada” rules. This means that if you somehow contributed to the accident, your compensation can be reduced by your percentage of fault. But here’s the thing – as a passenger, it’s pretty hard to be at fault for a motorcycle accident.
The main ways a passenger might share fault:
- Distracting the driver at a critical moment.
- Grabbing the handlebars or interfering with the driver’s control.
- Being intoxicated and encouraging reckless driving.
Even in these situations, your fault percentage would typically be pretty low. We’ve rarely seen a passenger assigned more than 10-15% fault, even in the worst-case scenarios, and we work to minimize any fault attributed to you.
Types of Compensation Available to Motorcycle Passengers
Medical Expenses – Past, Present, and Future
Your medical bills are usually the biggest and most obvious part of your claim. This includes everything from the ambulance ride to the hospital, emergency room treatment, surgery, physical therapy, medications, and any future medical care you’ll need.
Here’s what a lot of people don’t think about: future medical expenses. If you’ve got a serious injury that’s going to require ongoing treatment, surgery down the road, or permanent limitations, those future costs need to be part of your settlement. Insurance companies hate paying for future medical expenses because they’re harder to calculate, but they’re often the most important part of your claim.
Don’t just think about the big stuff either. Those prescription pain medications, the special cushions for your motorcycle gear, physical therapy co-pays – it all adds up, and it all counts towards your compensation.
Lost Wages and Loss of Earning Capacity
If you missed work because of your injuries, you’re entitled to compensation for those lost wages. But what if your injuries are severe enough that you can’t do your job the same way anymore? That’s where “loss of earning capacity” comes in.
Let’s say you’re a construction worker who suffered a back injury in the motorcycle accident. Even if you can eventually return to work, you might not be able to lift heavy materials anymore. The difference between what you could have earned and what you can earn now is compensable.
This gets complicated fast, which is why you often need vocational experts and economists to help calculate these damages. The insurance company will have their own experts saying your earning capacity wasn’t affected much. You need someone in your corner who knows how to fight these battles.
Pain and Suffering – The Hardest Part to Calculate
Pain and suffering compensation is for the physical pain, emotional distress, and loss of enjoyment of life that comes with your injuries. This isn’t just about the immediate pain after the accident – it’s about how your injuries have changed your life.
Can’t play softball with your weekend league anymore because of your shoulder injury? That matters. Having anxiety about riding motorcycles or even being a passenger in cars? That’s compensable. Chronic pain that keeps you up at night? Absolutely part of your claim.
The tricky thing about pain and suffering is that there’s no exact formula for calculating it. Some insurance companies use multipliers (they’ll multiply your medical expenses by 2-5 times), but that’s not always accurate. Severe injuries that don’t require expensive treatment might still cause significant pain and suffering. With Colorado’s new non-economic damage caps, which can reach up to $1,500,000 for severe injuries as of January 1, 2025, there’s greater potential for recovery for these intangible losses.
Property Damage – Don’t Forget Your Stuff
You might have had personal property damaged in the accident – your helmet, jacket, phone, or other belongings. These should be covered too. It’s not a huge part of most claims, but every dollar counts, and you shouldn’t have to pay to replace things that were damaged because of someone else’s negligence.
The Insurance Maze – What You’re Really Dealing With
Primary Coverage Sources
Understanding which insurance policies apply to your situation can feel like trying to solve a puzzle with half the pieces missing. Let us break down the most common scenarios:
Other Driver’s Liability Insurance: If another driver caused the accident, their liability coverage should be your primary source of compensation. In Colorado, the minimum requirements are $25,000 per person for bodily injury, but many drivers carry higher limits.
Motorcycle Driver’s Insurance: Even if the motorcycle driver is your friend or family member, their insurance might come into play. If they were at fault, their liability coverage applies. If they weren’t at fault but the other driver doesn’t have enough insurance, their uninsured/underinsured motorist coverage might help.
Tu propio seguro: Don’t overlook your own auto insurance policy. Even though you weren’t driving, your Cobertura para conductores sin seguro o con seguro insuficiente (UM/UIM) and medical payments coverage might apply. Some policies even extend to motorcycle accidents, even if you don’t own a motorcycle.
Cómo tratar con los ajustadores de seguros
Here’s something we want you to remember: insurance adjusters are not your friends. They might sound sympathetic and helpful on the phone, but their job is to save their company money, not to make sure you’re fully compensated. Our firm’s founders’ Experiencia previa representando a compañías de seguros gives us unique insight into their strategies.
Common tactics adjusters use with motorcycle passengers:
- Trying to get you to give a recorded statement before you’ve talked to a lawyer.
- Pushing for a quick settlement before you know the full extent of your injuries.
- Suggesting that you were partially at fault for “choosing to ride on a motorcycle” (the “assumption of risk” argument).
- Downplaying your injuries or suggesting they’re not related to the accident.
Don’t feel pressured to make quick decisions. Most serious injuries from motorcycle accidents take weeks or months to fully manifest. That back pain might seem minor now, but it could develop into a chronic condition that affects you for years.
When Insurance Companies Point Fingers at Each Other
Sometimes you’ll find yourself caught in the middle of a fight between insurance companies. The other driver’s insurance says the motorcycle driver was at fault. The motorcycle driver’s insurance says the other driver was at fault. Meanwhile, you’re stuck with medical bills and no one wants to pay.
This is where having an experienced attorney becomes really valuable. We know how to deal with these inter-company disputes and can often get things moving when insurance companies are playing hot potato with your claim.
Special Considerations for Motorcycle Passengers
The “Assumption of Risk” Argument
Insurance companies love to argue that motorcycle passengers “assumed the risk” of injury by choosing to ride on a motorcycle. This is basically their way of saying, “You knew motorcycles were dangerous, so it’s partially your fault that you got hurt.”
Don’t buy into this argument. Yes, motorcycles are more dangerous than cars, but that doesn’t mean you gave up your right to compensation if someone else’s negligence caused your accident. You have the right to expect that other drivers will follow traffic laws and drive safely. We will fight this argument on your behalf.
Helmet Use and Comparative Fault
We mentioned this earlier, but it’s worth repeating: not wearing a helmet can be used against you in Colorado, even though it’s not required by law for adults. If you suffered a head injury and weren’t wearing a helmet, the insurance company will almost certainly argue that your damages should be reduced.
The counterargument is that many head injuries in motorcycle accidents are so severe that a helmet wouldn’t have prevented them. But it’s an uphill battle, and one that our experienced attorneys are prepared to argue.
Injuries Specific to Motorcycle Passengers
Motorcycle passengers often suffer different types of injuries than drivers. Passengers typically have less control during the accident and might be thrown from the bike in a different way. Common passenger injuries include:
- Rasguños y abrasiones en la carretera: Often more severe on the passenger’s left side due to impact dynamics.
- Leg and ankle injuries: From being pinned under the motorcycle or contact with the road.
- Lesiones de espalda y cuello: From the sudden impact and being thrown.
- Trauma psicológico: Many passengers develop anxiety about riding or even being in vehicles (e.g., PTSD, cynophobia).
These injury patterns matter because they affect how your case is valued and what kind of medical treatment you’ll need.
Relationship Dynamics with the Driver
One of the most challenging aspects of passenger claims is when the driver is someone close to you. We’ve handled cases where spouses, parents, children, and best friends were involved. The emotional dynamics can be complicated.
Here are some things to keep in mind:
- Making an insurance claim doesn’t mean you’re “suing” your loved one personally.
- Their insurance premiums might go up, but that’s the cost of having an accident, not the cost of you making a claim.
- If you don’t pursue fair compensation, you might end up resenting them later when you’re stuck with medical bills.
- They probably want you to be fairly compensated too, even if it’s awkward. Our firm handles these cases with sensitivity and professionalism.
Common Challenges Motorcycle Passengers Face
Delayed Injury Recognition
Motorcycle accidents are traumatic, and your body’s natural response is to flood your system with adrenaline. This can mask injuries for hours or even days after the accident. We’ve seen passengers walk away from accidents thinking they were fine, only to wake up the next morning barely able to move.
This creates problems with insurance companies, who love to argue that injuries that weren’t immediately apparent weren’t caused by the accident. That’s why it’s so important to get medical attention right away, even if you feel okay.
Brechas en el tratamiento médico
Life gets in the way sometimes. You might feel better for a few weeks and skip some physical therapy appointments. Or maybe you can’t afford the co-pays for ongoing treatment. Insurance companies will pounce on these gaps and argue that you must not have been that injured if you weren’t consistently seeking treatment.
If you’re having trouble affording medical treatment, talk to your attorney about options. Sometimes we can work with medical providers to defer payment until your case settles. Don’t just skip treatment because you can’t afford it right now.
Presión para llegar a un acuerdo rápido
Insurance companies often approach motorcycle passengers with quick settlement offers, especially if the passenger wasn’t wearing proper protective gear or if there are questions about the severity of injuries. These offers are usually way below what the claim is actually worth.
We had a case recently where an insurance company offered a passenger $5,000 to settle her claim three days after the accident. She was still in the hospital at the time. We ended up settling that case for $85,000 six months later, after we knew the full extent of her injuries.
Sesgo contra los motociclistas
Let’s be honest – there’s still a bias against motorcyclists in our society. Some people view motorcycle riders (and by extension, passengers) as reckless thrill-seekers who brought their injuries on themselves. This bias can show up in insurance adjusters, and potentially in juries if your case goes to trial.
Overcoming this bias requires presenting you as a real person with a real life that’s been disrupted by the accident. It’s not about the motorcycle – it’s about the fact that someone else’s negligence hurt you.
Steps to Take After a Motorcycle Passenger Accident
Acciones inmediatas en el lugar del incidente
If you’re physically able, there are several things you should try to do at the accident scene:
- Obtenga atención médica: Even if you feel okay, let the paramedics check you out. The adrenaline might be hiding injuries, and having medical documentation from the scene helps your case later.
- No admitas la culpa: You might feel compelled to apologize or say something like “I’m sorry this happened,” but insurance companies can twist these statements later. Stick to the facts about what you remember.
- Deducir la información: If you can, get the other driver’s insurance information, license plate number, and contact info. Take pictures of the vehicles, the accident scene, and your injuries if they’re visible.
- Hablar con los testigos: Get contact information from anyone who saw the accident. Witness testimony can be incredibly valuable, especially in cases where the drivers have different stories about what happened.
La documentación médica lo es todo
Your medical records will be the foundation of your claim. Here’s what you need to know about building a strong medical record:
- Be Honest with Your Doctors: Tell them about all your pain and symptoms, even if they seem minor. If something doesn’t make it into your medical records, the insurance company will argue it doesn’t exist.
- Siga las recomendaciones del tratamiento: If your doctor refers you to physical therapy or a specialist, go. If you can’t afford it, talk to your attorney about options before you skip treatment.
- Don’t Minimize Your Symptoms: Be honest with your healthcare providers about your pain and limitations. If something doesn’t make it into your medical records, the insurance company will argue it doesn’t exist.
- Manténgase al tanto de todo: Save all your medical bills, pharmacy receipts, and documentation of missed work. You’ll need all of this to prove your damages.
Tratar con compañías de seguros
Here’s our advice for dealing with insurance companies after a motorcycle passenger accident:
- No dé declaraciones grabadas: The adjuster will ask for a recorded statement, saying it’s just to “get your side of the story.” Don’t do it without talking to an attorney first. These statements are designed to get you to say something that can be used against you later.
- Don’t Sign Medical Authorizations: Insurance companies will ask you to sign broad medical authorizations that give them access to all your medical records, including records from before the accident. This is a fishing expedition to find pre-existing conditions they can blame for your injuries.
- Documentar todo: Keep records of every conversation with insurance adjusters, including the date, time, and what was discussed. If they make promises, get them in writing.
- No aceptes la primera oferta: The first settlement offer is almost never fair. It’s usually based on minimal information and is designed to see if you’ll take a low amount to make the claim go away quickly.
Cuando necesitas ayuda legal
Signs You Should Talk to an Attorney
Not every motorcycle passenger accident requires an attorney, but many do. Here are some signs that you should at least consult with a lawyer:
- Lesiones graves: If you’ve been hospitalized, had surgery, or have injuries that will require ongoing treatment (like Lesión cerebral traumática o spinal cord damage), you need legal help. The insurance company will have teams of lawyers and experts working to minimize your claim.
- Responsabilidad en disputa: If there’s any question about who caused the accident, or if the insurance company is trying to blame you or the motorcycle driver, you need someone who knows how to investigate accidents and build a strong liability case.
- Varias compañías de seguros: When there are several insurance policies involved, things get complicated fast. An experienced attorney can help you maximize your recovery from all available sources.
- Ofertas de acuerdo bajas: If the insurance company’s settlement offer seems too low, or if they’re not responding to your claim at all, it’s time to get legal help.
- You’re Overwhelmed: Dealing with insurance companies while you’re trying to recover from injuries is stressful. Sometimes it’s worth hiring an attorney just to have someone handle the legal stuff while you focus on getting better.
What to Look for in a Motorcycle Accident Attorney
Not all personal injury attorneys are the same. When you’re looking for someone to handle your motorcycle passenger claim, here’s what to look for:
- Experience with Motorcycle Cases: Motorcycle accidents are different from car accidents. The injuries are often more severe, the bias against motorcyclists is real, and the legal issues can be more complex. You want someone who’s handled these cases before.
- Experiencia de prueba: Most cases settle, but insurance companies pay more to attorneys they know will take a case to trial if necessary. Ask potential attorneys about their trial experience and recent verdicts.
- Recursos: Serious motorcycle accident cases often require accident reconstruction experts, medical experts, and economists to calculate damages. Make sure your attorney has the resources to properly prepare your case, and that they advance those costs.
- Comunicación: You should feel comfortable with your attorney and confident that they’ll keep you informed about your case. If they don’t return your calls during the consultation process, they probably won’t return them after you hire them either.
The Legal Process – What to Expect
Here’s a realistic timeline of what happens in most motorcycle passenger cases when you work with us:
- Initial Investigation (1-3 months): Your attorney will gather police reports, medical records, insurance information, and other evidence. This is also when we’re usually dealing with immediate medical treatment and getting you the care you need.
- Medical Treatment and Recovery (3-18 months): Most attorneys won’t push for settlement until you’ve reached “maximum medical improvement” – the point where your condition has stabilized and we know the full extent of your injuries and future needs.
- Negotiations (1-6 months): Once we know the full scope of your damages, we’ll present a demand to the insurance company and negotiate a settlement. Most cases settle during this phase.
- Litigation (6-24 months): If we can’t reach a fair settlement, we’ll file a lawsuit. This doesn’t mean your case will go to trial – most cases still settle even after a lawsuit is filed. But litigation gives us tools to force the insurance company to take your claim seriously.
En McCormick y Murphy, PC, we’ve been handling motorcycle accident cases in Colorado Springs and throughout Colorado since 1995. We understand the unique challenges that motorcycle passengers face, and we know how to fight for fair compensation. You can find us at our Colorado Springs office on 929 W Colorado AveY siempre estaremos encantados de discutir su caso.
Understanding Colorado’s Specific Laws
Estatuto de limitaciones
En Colorado, generalmente tienes tres años from the date of the accident to file a lawsuit for personal injury. This might seem like a long time, but it goes by faster than you think, especially when you’re dealing with medical treatment and recovery.
There are some exceptions to this rule:
- If the injured person is a minor, the statute of limitations doesn’t start running until they turn 18.
- If the injury wasn’t discovered right away (rare in motorcycle accidents), the clock might start when the injury was discovered.
- If you’re making a claim against a government entity (e.g., for poor road maintenance), you might have as little as 180 días to file a notice of claim.
Don’t wait until the last minute to consult with an attorney. Evidence disappears, witnesses forget what they saw, and it becomes harder to build a strong case as time goes on.
Colorado’s Comparative Fault System
Colorado follows a “modified comparative fault” system. This means that if you’re partially at fault for the accident, your compensation will be reduced by your percentage of fault. But if you’re more than 50% at fault, you can’t recover anything.
For motorcycle passengers, this usually isn’t a major concern because passengers rarely bear significant fault for accidents. But it can come up in situations like:
- Distracting the driver.
- Not wearing a helmet (for head injuries), though we can argue its impact.
- Being intoxicated and encouraging risky behavior.
Even in these situations, passenger fault is usually pretty minimal.
Insurance Requirements in Colorado
Colorado requiere que todos los conductores tengan una cobertura de seguro mínima:
- $25,000 por persona por lesiones corporales
- $50,000 por accidente por lesiones corporales
- $15,000 por daños a la propiedad
- Uninsured/underinsured motorist (UM/UIM) coverage in the same amounts (unless you reject it in writing)
These minimums are pretty low, especially for serious motorcycle accident injuries. That’s why UM/UIM coverage is so important – it protects you when the at-fault driver doesn’t have enough insurance.
Ejemplos del mundo real y estudios de caso
Case Study: The Intersection Accident
Sarah was riding as a passenger on her boyfriend’s motorcycle when another driver ran a red light and T-boned them in the intersection. Sarah suffered a broken leg, road rash, and a concussion. The other driver had minimum insurance limits ($25,000), which wasn’t nearly enough to cover Sarah’s medical bills and other damages.
Initially, Sarah was reluctant to make a claim against her boyfriend’s insurance because she didn’t want to affect their relationship or his insurance rates. But her medical bills were already over $40,000, and she was going to miss six weeks of work.
We were able to recover the full $25,000 from the other driver’s insurance, plus an additional $100,000 from her boyfriend’s uninsured/underinsured motorist coverage. The boyfriend’s rates did go up slightly, but their relationship survived, and Sarah was able to pay her medical bills and compensate for her lost wages and pain and suffering.
Case Study: The Highway Accident
Mike was a passenger on his friend’s motorcycle traveling on I-25 when the driver of a pickup truck changed lanes without looking and sideswiped them. Both Mike and the driver were thrown from the motorcycle. Mike suffered severe road rash, a broken collarbone, and injuries to his back.
The pickup truck driver’s insurance company tried to argue that the motorcycle driver was speeding and that Mike should have been wearing more protective gear. They offered Mike $15,000 to settle his claim.
After investigating the accident, we found that the pickup truck driver had been texting at the time of the accident. We also brought in a medical expert who testified that Mike’s injuries would have occurred regardless of what protective gear he was wearing, given the severity of the impact.
The case eventually settled for $175,000, which covered Mike’s medical expenses, lost wages, and compensation for the permanent scarring and chronic back pain he’ll deal with for the rest of his life.
Case Study: The Single-Vehicle Accident
This one’s a bit different. Lisa was riding as a passenger when her husband hit a pothole that had been reported to the city but not repaired. The motorcycle went down, and Lisa suffered a broken wrist and shoulder injuries.
Since there was no other driver involved, Lisa’s only options were to make a claim against her husband’s insurance or potentially sue the city for not maintaining the road properly. This was obviously a difficult situation emotionally.
We were able to work with the husband’s insurance company to get Lisa’s medical bills paid and provide some compensation for her injuries. We also pursued a claim against the city, which eventually contributed to the settlement. The total recovery was $45,000, and importantly, the husband’s insurance rates weren’t significantly affected because the accident was due to a road defect rather than his negligence.
Maximizar su compensación
Don’t Overlook Future Damages
One of the biggest mistakes we see motorcycle passengers make is settling their cases before they understand the full impact of their injuries. Some injuries seem minor at first but develop into chronic problems over time.
- Gastos médicos futuros: If you’re going to need ongoing physical therapy, future surgeries, or long-term pain management, these costs need to be part of your settlement. Don’t just think about what you need now – think about what you might need in five or ten years.
- Salarios futuros perdidos: If your injuries affect your ability to work, you might be entitled to compensation for future lost earnings. This is especially important for younger people who have decades of working years ahead of them.
- Planes de atención de por vida: For severe injuries, we sometimes work with life care planners who calculate the total cost of your future medical and personal care needs. These plans can add hundreds of thousands of dollars to serious injury cases.
La importancia de un tratamiento médico constante
Insurance companies love to see gaps in medical treatment because they can argue that you weren’t really injured or that you’re not trying to get better. Here are some tips for maintaining consistent treatment:
- Siga los consejos de su médico: If your doctor refers you to physical therapy or a specialist, go. If you can’t afford it, talk to your attorney about options before you skip treatment.
- Don’t Minimize Your Symptoms: Be honest with your healthcare providers about your pain and limitations. If something doesn’t make it into your medical records, the insurance company will argue it doesn’t exist.
- Keep a Pain Journal: Document your daily pain levels, activities you can’t do, and how your injuries affect your life. This can be valuable evidence of your pain and suffering.
Construyendo un caso sólido de dolor y sufrimiento
Pain and suffering damages are often the largest part of a motorcycle passenger’s claim, but they’re also the hardest to prove. Here’s how to build a strong case:
- Document How Your Life Has Changed: Keep track of activities you can no longer do, hobbies you’ve had to give up, and ways your relationships have been affected by your injuries.
- Get Testimony from Family and Friends: The people closest to you can testify about how your personality and capabilities have changed since the accident.
- Considere la posibilidad de recibir asesoramiento: Many accident victims benefit from counseling to deal with trauma, anxiety, or depression related to their injuries. This treatment is compensable and also creates documentation of the psychological impact of the accident.
Trabajando con McCormick & Murphy, PC
Our Approach to Motorcycle Passenger Cases
En McCormick y Murphy, PC, we understand that motorcycle passenger cases require a different approach than typical car accident cases. We know that passengers face unique challenges, from bias against motorcyclists to complex insurance coverage issues.
Nuestro enfoque incluye:
- Investigación exhaustiva: We don’t just rely on police reports. We investigate the accident scene, interview witnesses, and work with accident reconstruction experts when necessary.
- Comprehensive Medical Review: We work with medical experts who understand motorcycle accident injuries and can explain to insurance companies and juries why your injuries are serious and permanent.
- Aggressive Negotiation: We know what these cases are worth, and we’re not afraid to push back when insurance companies make lowball offers.
- Preparación para el juicio: While most cases settle, we prepare every case as if it’s going to trial. Insurance companies pay more to attorneys they know will fight for their clients.
You can learn more about our experience and approach by checking out our About Us page, where you can see reviews from past clients and get a better sense of how we handle cases.
¿Qué nos hace diferentes?
We’ve been handling personal injury cases in Colorado for over 25 years (since 1995), and we’ve seen how the law and insurance industry have evolved. Here’s what makes our approach different:
- We Don’t Take Cases We Can’t Win: We’re selective about the cases we take because we want to provide the best possible service to our clients. If we don’t think we can secure significant compensation for your injuries, we’ll be honest with you upfront and explain why.
- Founders’ Insurance Background: Our founders, Kirk McCormick and Jay Murphy, bring unique insights from their Experiencia previa representando a compañías de seguros. This means we understand the defense’s strategies and know how to counter them effectively.
- Direct Attorney Access: You will work directly with your experienced attorney, not passed off to paralegals or case managers. We intentionally limit our caseload to provide personalized attention.
- Comprehensive Resources: We have the financial and professional resources to invest in your case, hiring top experts and employing cutting-edge technology to build a strong claim.
- Statewide Reach, Local Focus: Con oficinas en Colorado Springs, Pueblo y Denver, we serve clients across the Front Range, combining big-firm resources with local insight into courts and communities.
Understanding Colorado’s Specific Laws
Estatuto de limitaciones
En Colorado, generalmente tienes tres años from the date of the accident to file a lawsuit for personal injury. This might seem like a long time, but it goes by faster than you think, especially when you’re dealing with medical treatment and recovery.
There are some exceptions to this rule:
- If the injured person is a minor, the statute of limitations doesn’t start running until they turn 18.
- If the injury wasn’t discovered right away (rare in motorcycle accidents), the clock might start when the injury was discovered.
- If you’re making a claim against a government entity (e.g., for poor road maintenance), you might have as little as 180 días to file a notice of claim.
Don’t wait until the last minute to consult with an attorney. Evidence disappears, witnesses forget what they saw, and it becomes harder to build a strong case as time goes on.
Colorado’s Comparative Fault System
Colorado follows a “modified comparative fault” system. This means that if you’re partially at fault for the accident, your compensation will be reduced by your percentage of fault. But if you’re more than 50% at fault, you can’t recover anything.
For motorcycle passengers, this usually isn’t a major concern because passengers rarely bear significant fault for accidents. But it can come up in situations like:
- Distracting the driver.
- Not wearing a helmet (for head injuries), though we can argue its impact on the specific injury.
- Being intoxicated and encouraging risky behavior.
Even in these situations, passenger fault is usually pretty minimal.
Insurance Requirements in Colorado
Colorado requiere que todos los conductores tengan una cobertura de seguro mínima:
- $25,000 por persona por lesiones corporales
- $50,000 por accidente por lesiones corporales
- $15,000 por daños a la propiedad
- Uninsured/underinsured motorist (UM/UIM) coverage in the same amounts (unless you reject it in writing)
These minimums are pretty low, especially for serious motorcycle accident injuries. That’s why UM/UIM coverage is so important – it protects you when the at-fault driver doesn’t have enough insurance.
Case Examples
Case Study: The Intersection Accident
Sarah was riding as a passenger on her boyfriend’s motorcycle when another driver ran a red light and T-boned them in the intersection. Sarah suffered a broken leg, road rash, and a concussion. The other driver had minimum insurance limits ($25,000), which wasn’t nearly enough to cover Sarah’s medical bills and other damages.
Initially, Sarah was reluctant to make a claim against her boyfriend’s insurance because she didn’t want to affect their relationship or his insurance rates. But her medical bills were already over $40,000, and she was going to miss six weeks of work.
Fictious Example: We were able to recover the full $25,000 from the other driver’s insurance, plus an additional $100,000 from her boyfriend’s uninsured/underinsured motorist coverage. The boyfriend’s rates did go up slightly, but their relationship survived, and Sarah was able to pay her medical bills and compensate for her lost wages and pain and suffering.
Case Study: The Highway Accident
Mike was a passenger on his friend’s motorcycle traveling on I-25 when the driver of a pickup truck changed lanes without looking and sideswiped them. Both Mike and the driver were thrown from the motorcycle. Mike suffered severe road rash, a broken collarbone, and injuries to his back.
The pickup truck driver’s insurance company tried to argue that the motorcycle driver was speeding and that Mike should have been wearing more protective gear. They offered Mike $15,000 to settle his claim.
After investigating the accident, we found that the pickup truck driver had been texting at the time of the accident. We also brought in a medical expert who testified that Mike’s injuries would have occurred regardless of what protective gear he was wearing, given the severity of the impact.
Fictious Example: The case eventually settled for $175,000, which covered Mike’s medical expenses, lost wages, and compensation for the permanent scarring and chronic back pain he’ll deal with for the rest of his life.
Case Study: The Single-Vehicle Accident
This one’s a bit different. Lisa was riding as a passenger when her husband hit a pothole that had been reported to the city but not repaired. The motorcycle went down, and Lisa suffered a broken wrist and shoulder injuries.
Since there was no other driver involved, Lisa’s only options were to make a claim against her husband’s insurance or potentially sue the city for not maintaining the road properly. This was obviously a difficult situation emotionally.
Fictious Example: We were able to work with the husband’s insurance company to get Lisa’s medical bills paid and provide some compensation for her injuries. We also pursued a claim against the city, which eventually contributed to the settlement. The total recovery was $45,000, and importantly, the husband’s insurance rates weren’t significantly affected because the accident was due to a road defect rather than his negligence.
Maximizar su compensación
Don’t Overlook Future Damages
One of the biggest mistakes we see motorcycle passengers make is settling their cases before they understand the full impact of their injuries. Some injuries seem minor at first but develop into chronic problems over time.
- Gastos médicos futuros: If you’re going to need ongoing physical therapy, future surgeries, or long-term pain management, these costs need to be part of your settlement. Don’t just think about what you need now – think about what you might need in five or ten years.
- Salarios futuros perdidos: If your injuries affect your ability to work, you might be entitled to compensation for future lost earnings. This is especially important for younger people who have decades of working years ahead of them.
- Planes de atención de por vida: For severe injuries, we sometimes work with life care planners who calculate the total cost of your future medical and personal care needs. These plans can add hundreds of thousands of dollars to serious injury cases.
La importancia de un tratamiento médico constante
Insurance companies love to see gaps in medical treatment because they can argue that you weren’t really injured or that you’re not trying to get better. Here are some tips for maintaining consistent treatment:
- Siga los consejos de su médico: If your doctor refers you to physical therapy or a specialist, go. If you can’t afford it, talk to your attorney about options before you skip treatment.
- Don’t Minimize Your Symptoms: Be honest with your healthcare providers about your pain and limitations. If something doesn’t make it into your medical records, the insurance company will argue it doesn’t exist.
- Keep a Pain Journal: Document your daily pain levels, activities you can’t do, and how your injuries affect your life. This can be valuable evidence of your pain and suffering.
Construyendo un caso sólido de dolor y sufrimiento
Pain and suffering damages are often the largest part of a motorcycle passenger’s claim, but they’re also the hardest to prove. Here’s how to build a strong case:
- Document How Your Life Has Changed: Keep track of activities you can no longer do, hobbies you’ve had to give up, and ways your relationships have been affected by your injuries.
- Get Testimony from Family and Friends: The people closest to you can testify about how your personality and capabilities have changed since the accident.
- Considere la posibilidad de recibir asesoramiento: Many accident victims benefit from counseling to deal with trauma, anxiety, or depression related to their injuries. This treatment is compensable and also creates documentation of the psychological impact of the accident.
Trabajando con McCormick & Murphy, PC
Our Approach to Motorcycle Passenger Cases
En McCormick y Murphy, PC, we understand that motorcycle passenger cases require a different approach than typical car accident cases. We know that passengers face unique challenges, from bias against motorcyclists to complex insurance coverage issues.
Nuestro enfoque incluye:
- Investigación exhaustiva: We don’t just rely on police reports. We investigate the accident scene, interview witnesses, and work with accident reconstruction experts when necessary.
- Comprehensive Medical Review: We work with medical experts who understand motorcycle accident injuries and can explain to insurance companies and juries why your injuries are serious and permanent.
- Aggressive Negotiation: We know what these cases are worth, and we’re not afraid to push back when insurance companies make lowball offers.
- Preparación para el juicio: While most cases settle, we prepare every case as if it’s going to trial. Insurance companies pay more to attorneys they know will fight for their clients.
You can learn more about our experience and approach by checking out our About Us page or reviewing our client testimonials.
¿Qué nos hace diferentes?
We’ve been handling personal injury cases in Colorado for over 25 years (since 1995), and we’ve seen how the law and insurance industry have evolved. Here’s what makes our approach different:
- We Don’t Take Cases We Can’t Win: We’re selective about the cases we take because we want to provide the best possible service to our clients. If we don’t think we can secure significant compensation for your injuries, we’ll be honest with you upfront and explain why.
- Founders’ Insurance Background: Our founders, Kirk McCormick and Jay Murphy, bring unique insights from their Experiencia previa representando a compañías de seguros. This means we understand the defense’s strategies and know how to counter them effectively.
- Direct Attorney Access: You will work directly with your experienced attorney, not passed off to paralegals or case managers. We intentionally limit our caseload to provide personalized attention and direct communication.
- Comprehensive Resources: We have the financial and professional resources to invest in your case, hiring top experts and employing cutting-edge technology to build a strong claim.
- Statewide Reach, Local Focus: Con oficinas en Colorado Springs, Pueblo y Denver, we serve clients across the Front Range, combining big-firm resources with local insight into courts and communities.
Tus próximos pasos: asegura tu futuro hoy
If you’ve been seriously injured as a motorcycle passenger in Colorado, understanding your rights and having the right legal team is paramount. The stakes are high, and the insurance companies have vast resources. You need someone in your corner who can level the playing field and fight for the compensation you truly deserve.
Don’t let the complexity of legal battles or dealing with insurance companies intimidate you. With McCormick y Murphy, PCA tu lado tienes profesionales experimentados que se encargan de cada detalle. Contáctenos hoy para una consulta gratuita y sin compromiso. There’s no risk in talking to us about your case, and we don’t charge attorney fees unless we recover money for you. Let us show you how our experience can significantly impact the outcome of your motorcycle passenger claim.
