El Paso County · Rider fault and comparative negligence
Monument Motorcycle Rider Fault Lawyers
Monument motorcycle rider fault lawyers for riders hurt in Monument. Free consultation. No fee unless we recover for you.
When the Insurer Says You Caused the Crash
McCormick & Murphy are Monument 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 Monument, the driver's insurer will look for a reason to blame the rider. Speed, lane position, and visibility are the usual arguments. We treat those as claims to investigate, not facts to accept.
Colorado law, C.R.S. § 13‑21‑111, allows recovery to be reduced by the rider's share of fault, and it bars recovery when the rider's negligence is as great as or greater than the fault of the person the claim is against. That means how fault gets divided has a direct effect on what you recover. We want the full picture of what happened on the road before any percentage gets assigned.
We push back on assumptions built into a crash report or an early insurance adjuster call. A rider's position in a lane, choice of speed, or use of lights and signals often has a reasonable explanation that the other side has no interest in hearing.
Building the Record Before the Insurer Writes the Story
The initial police report from a Monument crash is a starting point, not the final word on fault. Officers write reports quickly, often based on limited information at the scene, and they do not always capture sightlines, road conditions, or traffic timing along corridors like I-25, Colorado Highway 105, or Second Street. We look at skid marks, debris fields, vehicle damage patterns, and roadway geometry to test whether the report's conclusions hold up.
Witness statements, dash-cam or traffic-camera footage, and photos from the scene can all contradict a driver's version of events. Medical records from providers such as UCHealth Memorial Hospital North in Colorado Springs can also help establish the mechanics of the collision and support the rider's account of what happened.
- Contact information for anyone who saw the crash
- Photos of your bike, gear, and the roadway before anything is moved or repaired
- Any dash-cam, helmet-cam, or nearby business surveillance footage
- Your own notes on speed, lane position, and visibility written while memory is fresh
- Copies of the police report and any statements you gave
Monument Roads and the El Paso County Court System
Monument crashes often happen along I-25, Colorado Highway 105, or Second Street, and near Palmer Lake or the Colorado Springs corridor. Traffic patterns, sightlines, and merge points on these roads matter when an insurer tries to pin fault on the rider. We look closely at where and how a crash happened, not just the report's summary.
If a claim moves toward litigation, it is typically handled through El Paso County Combined Courts. Our office is at 929 W Colorado Ave, Colorado Springs, CO 80905, and we work with riders throughout the Monument area to build a fault case that holds up under Colorado's comparative negligence rule.
What's at Stake When Fault Is Disputed
- Medical treatment and ongoing care costs
- Lost income during recovery
- Damage to the motorcycle and gear
- Pain, physical limitation, and disruption to daily life
- Future costs tied to lasting injury
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Monument — 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.
Monument Motorcycle Rider Fault Lawyers FAQ
Do I need Monument motorcycle rider fault lawyers after a crash?
Call Monument 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.
Does a police report deciding I was at fault end my claim?
No. A police report is one piece of evidence, not a final ruling on fault. Physical evidence, witness accounts, and video can all show a different version of events than what an officer wrote down at the scene.
What if I was partly at fault for the crash?
Colorado allows recovery to be reduced by your share of fault under the state's comparative negligence law. Recovery is barred only if your fault is equal to or greater than the other party's. We can walk you through how this rule may apply to your specific facts.
Why does the insurer keep bringing up my speed or lane position?
Insurers look for any argument that shifts blame toward the rider because it reduces what they have to pay. Raising speed or lane position is a common tactic, not necessarily an accurate account of what happened.
Can visibility arguments really hold up?
Sometimes drivers claim they never saw the motorcycle, but that claim needs to be tested against the road conditions, lighting, and sightlines at the actual crash location. We examine those details rather than accepting the driver's account at face value.
What should I do if I think the insurer is unfairly blaming me?
Preserve any evidence you have, avoid giving detailed statements to the other driver's insurer, and get an experienced review of the crash facts. A free consultation with our office can help you understand where things stand before you say anything that could be used against you.
Discuss a Monument motorcycle crash
Free consultation. No attorney fee unless we recover for you.