El Paso County · Rider fault and comparative negligence
Fort Carson Motorcycle Rider Fault Lawyers
Fort Carson motorcycle rider fault lawyers for riders hurt in Fort Carson. Free consultation. No fee unless we recover for you.
When the Insurer Blames the Rider
McCormick & Murphy are Fort Carson motorcycle rider fault lawyers for riders blamed for speed, lane position, or not being seen. We file in El Paso County Combined Courts.
After a motorcycle crash near Fort Carson, the other driver's insurer often reaches for the same script: the rider was speeding, riding in the wrong part of the lane, or hard to see. These are claims to investigate, not facts to accept. We have heard the same arguments applied to different riders in different crashes, and they do not hold up once the actual evidence is examined.
Colorado law addresses shared fault directly. Under C.R.S. § 13‑21‑111, a rider's recovery is reduced by their own percentage of negligence, and recovery is barred only when the rider's negligence is equal to or greater than the negligence of the driver they are pursuing. That means partial fault does not end a claim. It changes the math, and getting the math right requires a real investigation, not the insurer's first offer.
We do not guess at a fault percentage before we have looked at the evidence. Every crash near Fort Carson has its own facts, and we build the case around what actually happened on that road, at that time, with those vehicles.
Building the Real Fault Picture
The police report is a starting point, not the final word. Officers write reports quickly, often without seeing the crash themselves, and their conclusions about fault can be wrong or incomplete. We look past the report to the physical evidence: skid marks, vehicle damage patterns, debris fields, and the roadway itself.
Video from nearby businesses, traffic cameras, or dash cams can show what really happened at intersections along Nelson Boulevard or on stretches of U.S. Highway 85. Independent witnesses who saw the crash unfold, rather than just its aftermath, often tell a different story than the insurer's version. We gather this evidence early, before it disappears.
- Photos of both vehicles and the full crash scene
- Contact information for anyone who witnessed the crash
- Any available video from businesses or traffic cameras nearby
- Your own account of speed, lane position, and visibility before the crash
- Medical records showing where you were treated, including Evans Army Community Hospital or UCHealth Memorial Hospital Central
Fort Carson and Surrounding Roads
Riders near Fort Carson travel a mix of base access roads, Nelson Boulevard, and connections to U.S. Highway 85 that carry heavy commuter and military traffic. Crashes here often happen at intersections or merge points where a driver claims they never saw the motorcycle, an argument we test against the actual sightlines and traffic conditions.
Claims from Fort Carson crashes are typically handled in El Paso County Combined Courts, and we work with riders from Fountain, Security-Widefield, and Colorado Springs who face the same insurer tactics. Our office at 929 W Colorado Ave in Colorado Springs is a short drive from Fort Carson for riders who want to meet in person.
What a Fault Dispute Can Affect
- Medical treatment and ongoing care costs
- Lost income during recovery
- Property damage to the motorcycle and gear
- Pain and physical limitations from the crash
- Future medical needs tied to lasting injuries
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Fort Carson — and read client testimonials.
A passenger suffered traumatic brain, neck, and back injuries in a Colorado Springs intersection collision. After the carrier refused a fair number, a jury awarded $295,000 including interest and costs.
El Paso County jury verdict
Prior results do not guarantee a similar outcome. Every case depends on its facts, coverage, venue, and evidence.
Fort Carson Motorcycle Rider Fault Lawyers FAQ
Do I need Fort Carson motorcycle rider fault lawyers after a crash?
Call Fort Carson 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 at 929 W Colorado Ave, Colorado Springs, CO 80905.
Can I still recover if the insurer says I was speeding?
Being accused of speeding does not automatically bar your claim. Colorado's comparative negligence law allows recovery reduced by your share of fault, unless your fault is equal to or greater than the other driver's. We investigate the actual speed and conditions rather than accepting the insurer's claim.
What if the police report blames me for the crash?
A police report is evidence, but it is not the final determination of fault. Officers sometimes reach conclusions without full information, and physical evidence or witness accounts can tell a different story. We review the report alongside independent evidence before accepting its conclusions.
Does lane position alone prove I caused the crash?
No. Lane position is one factor among many, and Colorado traffic law allows motorcyclists reasonable use of a lane. Insurers sometimes point to lane position to shift blame, but that argument has to be weighed against the full picture of how the crash happened.
How does shared fault affect what I can recover?
Under Colorado's comparative negligence rule, your recovery is reduced by your percentage of fault. If your fault is found equal to or greater than the other driver's, recovery is barred. We refer riders to our comparative-negligence guide for more on how this rule works and evaluate each case on its own facts.
What should I do if I think I was partly at fault?
Do not assume your claim is over. Document what you remember, gather any available witness or video evidence, and let us investigate before accepting the insurer's version of fault. Many riders who believe they share some blame still have a valid claim worth pursuing.
Discuss a Fort Carson motorcycle crash
Free consultation. No attorney fee unless we recover for you.