El Paso County · Rider fault and comparative negligence
Fountain Motorcycle Rider Fault Lawyers
Fountain motorcycle rider fault lawyers for riders hurt in Fountain. Free consultation. No fee unless we recover for you.
When Insurers Blame the Rider
McCormick & Murphy are Fountain 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 in Fountain, the insurance company for the other driver often looks for a reason to blame the rider. Speed, lane position, and visibility are the arguments we see most. These are claims that need to be investigated, not facts that are automatically true just because an insurer says so.
Colorado law, under C.R.S. § 13‑21‑111, allows a rider's recovery to be reduced by their own share of fault. If a rider's negligence is found to be equal to or greater than the fault of the driver they are pursuing a claim against, recovery can be barred entirely. That makes it critical to push back early against unsupported fault arguments and to build a record that reflects what actually happened.
We look closely at how the crash occurred on roads like Mesa Ridge Parkway, Fountain Mesa Road, and U.S. Highway 85, where speed and sightlines are frequently raised as issues. Our job is to make sure the insurer's version of events is tested against the real evidence, not accepted at face value.
Building the Record Beyond the Crash Report
A police crash report is a starting point, not the final word on fault. Officers arrive after the crash happens and often rely on statements, skid marks, and assumptions about motorcycle behavior that don't hold up under scrutiny. We look at the physical evidence at the scene, damage patterns, and roadway conditions along corridors like Fountain Mesa Road and U.S. Highway 85 to see whether the report's conclusions actually match what happened.
Video from nearby businesses, dashcams, and witness accounts can tell a different story than the initial report. In areas near Colorado Springs and Security-Widefield where traffic moves between local roads and highway access points, we work to track down footage and witnesses before it disappears, and we compare that evidence against medical records tied to treatment at facilities like UCHealth Memorial Hospital Central.
- Get contact information for any witnesses at the scene
- Photograph your motorcycle, gear, and the roadway before anything is moved or repaired
- Avoid agreeing with an insurance adjuster's description of how the crash happened
- Keep copies of all medical records related to your treatment
- Talk to an attorney before giving a recorded statement
Fountain Roads and Fault Disputes
Fountain sits along a stretch of the region where riders travel between local streets and U.S. Highway 85, often navigating speed changes and merging traffic. Insurers reviewing crashes in this area sometimes point to speed or lane position on these roads as a reason to shift blame onto the rider, especially where sightlines are limited near intersections with Mesa Ridge Parkway and Fountain Mesa Road.
Claims arising from crashes here may be handled through El Paso County Combined Courts, and our office at 929 W Colorado Ave in Colorado Springs is positioned to work claims from Fountain, Security-Widefield, and the surrounding area. We understand how local traffic patterns and road design factor into the fault arguments insurers raise in this part of El Paso County.
What May Be Recoverable
- Medical expenses related to treatment and ongoing care
- Lost income from time away from work
- Property damage to the motorcycle and gear
- Pain and suffering
- Loss of enjoyment of activities you engaged in before the crash
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Fountain — 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.
Fountain Motorcycle Rider Fault Lawyers FAQ
Do I need Fountain motorcycle rider fault lawyers after a crash?
Call Fountain 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.
What if the insurance company says I was speeding?
A speeding claim by an insurer is an allegation, not proof. We look at physical evidence, witness accounts, and any available video to determine whether that claim holds up. Insurers sometimes raise speed as a default argument without solid support.
Can I still recover damages if I was partly at fault?
Colorado law allows recovery to be reduced by your share of fault, but it does not automatically bar your claim. Recovery is only barred if your fault is found to be equal to or greater than the other driver's fault. Our comparative-negligence guide explains how this shared-fault rule works in more detail.
Does the police report decide who was at fault?
No. The crash report is one piece of evidence, but it is not the final determination of fault. Physical evidence, witness statements, and video can all contradict what's written in the report.
What if there were no witnesses to the crash?
Even without witnesses, physical evidence like skid marks, vehicle damage, and roadway conditions can help reconstruct what happened. We also look for nearby video sources that may have captured the crash.
How does lane position affect a fault argument?
Insurers sometimes argue that a rider's lane position contributed to a crash, particularly on roads with merging traffic or limited visibility. We examine the roadway layout and any available evidence to determine whether that argument is supported by the facts.
Discuss a Fountain motorcycle crash
Free consultation. No attorney fee unless we recover for you.