You know how drivers react when they see a motorcycle. They tense up. They overcompensate. Or worse — they don’t see you at all until it’s too late.
Now you’re off your bike. Maybe in pain. Maybe facing surgery, lost wages, a totaled motorcycle, and an insurance adjuster who wants to know if you were speeding, lane splitting, or wearing the right gear. The driver who pulled out in front of you gets to walk away. You’re the one answering questions.
That’s the bias. And it’s real.
At McCormick & Murphy, P.C., we represent riders in Aurora and across the Denver metro. We’ve handled enough motorcycle accident cases to know exactly what you’re up against — and how to fight it.
Call us at 888-668-1182 or visit our website to talk about your case. No charge for the conversation.
When two cars collide, investigators look at speed, road conditions, right of way. When a car hits a motorcycle, they look at the rider first.
Did you have your headlight on? Were you in the driver’s blind spot? Were you accelerating too quickly? The questions shift from what the driver did wrong to what you might have done to cause it.
We see it in police reports. We see it in insurance claim files. We see it in how adjusters talk to our clients in the first few days after a crash.
Motorcycle accident cases require a lawyer who understands the engineering — sight lines, motorcycle dynamics, how long it takes a bike to stop versus a sedan. Someone who can push back when the other side tries to blame you for being on two wheels instead of four.
Most motorcycle crashes involve a driver in a car or truck who made a choice that put you at risk. Here’s what we see most often:
In every one of these scenarios, someone made a mistake. That mistake is not your fault just because you were riding a motorcycle.
You don’t have a steel cage around you. You don’t have airbags. When a motorcycle goes down, your body absorbs the impact.
The injuries we see in motorcycle cases are severe:
These injuries mean months of recovery. Physical therapy. Multiple surgeries. Time off work you can’t afford to lose. Medical bills that start piling up before you’re even out of the hospital.
Insurance companies know this. They also know that the longer you wait without money, the more pressure you feel to settle cheap and move on.
We don’t let that happen.
If you’ve been hit, your first priority is medical care. Get checked out. Don’t refuse transport if paramedics recommend it. Adrenaline masks pain. Injuries that don’t hurt in the first hour can be life-threatening.
Once you’re stable, here’s what helps your case:
Call the police. You need a report. Even if the other driver admits fault at the scene, that can change once their insurance company gets involved. A police report creates a record.
Document everything. If you’re able, take photos. The vehicles. The road. Skid marks. Your injuries. Your damaged gear. Get contact information from witnesses. All of it matters.
Don’t give a statement to the other driver’s insurance. They will call. They will sound helpful. They are not on your side. Anything you say will be used to reduce what they pay. Refer them to your lawyer.
Keep records. Medical bills, repair estimates, pay stubs showing lost income, receipts for medication or medical equipment. We need documentation to prove what this crash cost you.
Call a lawyer before you sign anything. Insurance companies move fast after motorcycle accidents. They want a recorded statement. They want a settlement release. They want you to accept a check before you know the full extent of your injuries. Once you sign, you can’t go back for more money later — even if your injuries turn out to be worse than anyone thought.
Colorado does not require adult riders to wear helmets. If you’re 18 or older, it’s your choice.
That doesn’t stop insurance companies from asking.
They’ll want to know if you were wearing a helmet. If you weren’t, they’ll argue that your injuries would have been less severe if you had been. They’ll try to reduce your compensation based on that argument.
Here’s the reality: Colorado law allows you to ride without a helmet. Your choice not to wear one does not make you responsible for a driver’s negligence. If someone ran a red light and hit you, that’s on them — not on your headgear.
We’ve handled claims where riders were not wearing helmets. We’ve recovered full compensation. The key is showing that the other driver caused the crash and that your injuries are a direct result of their actions.
If you were wearing a helmet and still sustained a traumatic brain injury, that tells you how violent the impact was. We use that in your favor.
Lane splitting — riding between lanes of stopped or slow-moving traffic — is illegal in Colorado. So is lane filtering, which is passing cars stopped at a red light.
If you were splitting lanes when the crash happened, the insurance company will use that against you. They’ll argue you were breaking the law and contributed to your own injuries.
That doesn’t mean you lose your case.
Colorado follows a modified comparative negligence rule. If you’re found partially at fault, your compensation is reduced by your percentage of fault — but only if your fault is less than the other party’s. If you’re 50% or more at fault, you can’t recover anything.
So if you were lane splitting and a driver opened their door without looking, we argue the facts. How much space was there? Did the driver check their mirror? Did they signal? Was the door opened into a live traffic lane? We fight to show that the driver’s negligence outweighs any traffic violation on your part.
Every case is different. What matters is what actually happened — not assumptions about how riders behave.
After a crash, the driver who hit you will almost always say the same thing: “I didn’t see them.”
That’s not a defense. That’s negligence.
Drivers have a legal duty to look for all vehicles before they turn, merge, or change lanes. That includes motorcycles. If they didn’t see you, it’s because they didn’t look carefully enough.
We prove that with evidence:
“I didn’t see you” might explain how the crash happened. It doesn’t excuse the driver from responsibility.
A personal injury claim is about making you whole — putting you back, as much as money can, to where you were before the crash.
That includes:
Medical expenses. Hospital bills, surgery, physical therapy, prescription drugs, medical equipment, future treatment. If your injuries require ongoing care, we calculate what that will cost over your lifetime.
Lost income. Wages you’ve already missed and income you’ll lose in the future if your injuries prevent you from returning to your job or working at the same capacity.
Property damage. Repair or replacement of your motorcycle and gear. Custom parts, aftermarket equipment — all of it counts.
Pain and suffering. The physical pain, emotional trauma, and reduced quality of life you’ve experienced because of this crash. This is not a luxury claim. It’s compensation for real harm.
Disfigurement and disability. If your injuries are permanent — scars, lost limbs, chronic pain, mobility loss — you’re entitled to compensation that reflects the long-term impact on your life.
We don’t guess at these numbers. We work with medical experts, vocational specialists, and economists to document every dollar you’ve lost and every dollar you’ll need.
The insurance adjuster is not your friend. They work for a company that makes money by paying you less than your claim is worth.
They’ll offer you a settlement within days of the crash. It will sound like a lot of money. It won’t be enough.
Early settlement offers almost never account for future medical care, long-term disability, or the full cost of your lost income. Once you accept, you can’t come back for more — even if your doctor later tells you that you’ll never ride again, never return to your trade, or need another surgery.
We deal with the insurance company so you don’t have to. We know their tactics. We know what your case is actually worth. And we don’t settle for less than what you need.
Colorado’s statute of limitations gives you three years from the date of the accident to file a personal injury lawsuit. If you’re filing a claim against a government entity — like the city of Aurora for a road defect — you have much less time. In some cases, just 180 days to file a notice of claim.
Three years sounds like a long time. It isn’t.
Evidence disappears. Witnesses forget. Surveillance footage gets deleted. Medical records become harder to obtain. The longer you wait, the harder it is to build a strong case.
More important: if you wait too long and the deadline passes, you lose your right to compensation entirely. It doesn’t matter how strong your case is or how badly you were hurt. Miss the deadline, and the court will dismiss your claim.
Start now. Even if you’re still in treatment. Even if you don’t know the full extent of your injuries. We can begin working on your case while you focus on recovery.
Kirk McCormick and Jay Murphy have spent years representing injured people in Aurora, Denver, and across Colorado. We know how personal injury cases work. We know how insurance companies operate. And we know what it takes to win.
We serve clients in Aurora, Wheat Ridge, Lakewood, Arvada, Westminster, Thornton, Northglenn, Commerce City, Englewood, Littleton, Centennial, Greenwood Village, Lone Tree, Parker, Highlands Ranch, Castle Rock, Broomfield, Brighton, Longmont, Boulder, Louisville, Lafayette, Superior, Erie, Golden, Morrison, Evergreen, Conifer, Bailey, Pine, Idaho Springs, Georgetown, Estes Park, Fort Collins, Loveland, and Greeley.
You don’t pay us unless we recover money for you. No upfront fees. No hourly bills. We get paid when you do.
Our office is located at 1547 N Gaylord St UNIT 303, Denver, CO 80206. Call us at 888-668-1182 or visit mccormickmurphy.com/denver-personal-injury-attorneys to schedule a consultation.
Being on a motorcycle doesn’t make you reckless. It doesn’t make you invisible. And it doesn’t make you less entitled to compensation when someone else’s negligence puts you in the hospital.
You have the same rights as any other driver on the road. If those rights were violated, we’ll fight to hold the responsible party accountable.
Call McCormick & Murphy, P.C. at 888-668-1182. Let’s talk about what happened and what comes next.
Bias against motorcyclists is real. Insurance companies and even law enforcement sometimes assume the rider was at fault simply because motorcycles are smaller, faster, or less common on the road. We push back on that assumption with evidence — witness statements, accident reconstruction, traffic camera footage, and expert analysis. If the other driver caused the crash, we prove it. Your choice to ride a motorcycle does not make you responsible for someone else’s negligence.
First, get medical attention. Even if you feel okay, adrenaline can mask serious injuries. Call the police and make sure a report is filed. If you’re able, take photos of the scene, your bike, your injuries, and any damage to the other vehicle. Get contact information from witnesses. Do not give a recorded statement to the other driver’s insurance company. Contact a lawyer before you sign anything or agree to a settlement. Early decisions can have lasting consequences.
Colorado does not require riders 18 and older to wear helmets. If you were not wearing a helmet, the insurance company may try to argue that your injuries would have been less severe if you had been. That argument doesn’t change the fact that the other driver caused the crash. We focus on proving their negligence and showing that your injuries are a direct result of their actions. Riding without a helmet is legal in Colorado, and it does not bar you from recovering compensation.
You have three years from the date of the accident to file a personal injury lawsuit in Colorado. If your claim involves a government entity — such as the city of Aurora for a dangerous road condition — the deadline is much shorter, sometimes as little as 180 days. Waiting too long means you lose your right to compensation entirely. Start your claim as soon as possible so we have time to gather evidence, interview witnesses, and build a strong case.
“I didn’t see you” is not a legal defense. Drivers have a duty to look for all vehicles, including motorcycles, before they turn, merge, or change lanes. If they didn’t see you, it’s because they failed to look carefully enough. We prove negligence by analyzing sight lines, reviewing traffic patterns, obtaining witness statements, and reconstructing the accident. Failing to see a motorcycle that was there is negligence, and the driver is responsible for the harm that negligence caused.
You can recover compensation for medical expenses, including hospital bills, surgery, physical therapy, medications, and future treatment. You can recover lost wages and future lost income if your injuries prevent you from working. You can recover the cost of repairing or replacing your motorcycle and gear. You can also recover damages for pain and suffering, permanent disability, disfigurement, and reduced quality of life. We calculate the full cost of your injuries — both now and in the future — to make sure your settlement reflects what you’ve actually lost.
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Disclaimer: The information on this website is for information purposes only. This website should not be taken as legal advice. Prior results do not guarantee a similar outcome. This information should not be taken as the formation of a lawyer or attorney client relationship.
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