You already know what people think. That the motorcycle is always at fault. That riders are reckless. That if you were on two wheels instead of four, whatever happened to you was somehow inevitable.
That bias is real. It exists in police reports, insurance adjusters’ minds, and sometimes even in jury boxes. But it does not change the law. If another driver failed to yield, changed lanes without looking, or turned left in front of you, you have a right to compensation. The vehicle you were riding does not forfeit that right.
The lawyers at McCormick & Murphy, P.C. represent motorcycle riders across Broomfield, Boulder, Westminster, Thornton, Arvada, and surrounding communities. We understand how motorcycle accident cases are treated differently, and we know how to push back when insurance companies or opposing counsel try to shift blame onto you simply because you were on a bike.
A motorcycle accident is not just a smaller version of a car crash. The physics are different. The injuries are different. The investigation is different. And the assumptions people make about fault are absolutely different.
When two cars collide, investigators usually look at speed, lane position, and traffic signals. When a motorcycle is involved, the first questions are often: Was the rider wearing a helmet? Was the bike too loud? Was the rider lane-splitting or weaving?
Those questions are asked before anyone asks whether the driver in the SUV was texting, failed to check their blind spot, or turned left across oncoming traffic without yielding.
This bias shows up in police reports that use language like “the motorcycle struck the vehicle” instead of “the vehicle turned into the path of the motorcycle.” It shows up in insurance adjusters who lowball settlement offers because they assume a jury will side with the driver. And it shows up in delayed medical payments because the insurance company is “still investigating” whether the rider contributed to the crash.
Fighting that bias requires evidence, preparation, and a lawyer who knows what questions to ask and what experts to call.
Most motorcycle accidents in Broomfield and across Colorado are caused by drivers, not riders. The most frequent scenarios we see include:
In each of these cases, the liability should be clear. But clarity does not stop insurance companies from trying to argue that the rider was going too fast, should have anticipated the hazard, or “came out of nowhere.”
When a car gets hit, the car absorbs most of the impact. When a motorcycle gets hit, the rider absorbs it. That is why motorcycle accidents result in catastrophic injuries at rates far higher than other vehicle collisions, even at lower speeds.
The most common injuries we see in motorcycle accident cases include:
These injuries often require multiple surgeries, months of physical therapy, and permanent lifestyle changes. Some riders never return to work. Some never ride again. The financial and emotional toll is not something that can be covered by a quick settlement check offered three weeks after the crash.
Insurance companies know this. They also know that if they delay long enough, a rider facing mounting medical bills and lost income might accept less than the case is worth just to get some relief. That is why having a lawyer early in the process matters.
Colorado does not require adult motorcycle riders to wear helmets. Riders over 18 can legally choose whether to wear one.
That does not stop insurance companies and defense lawyers from bringing it up. If you were not wearing a helmet and you suffered a head injury, the other side will argue that your injuries would have been less severe if you had worn one, and therefore your compensation should be reduced.
This argument has limits. First, not wearing a helmet does not make you at fault for the accident. If another driver caused the crash, they are still liable. Second, many head injuries occur even with helmets, and many motorcycle accident injuries have nothing to do with the head. Third, Colorado follows a modified comparative negligence rule, which means that even if the jury finds that not wearing a helmet contributed to your injuries, you can still recover damages as long as you are not more than 50 percent at fault.
Will it complicate your case? Yes. Does it mean you have no case? Absolutely not.
The lawyers at McCormick & Murphy, P.C. handle these arguments regularly. We work with medical experts who can testify about the true cause of your injuries, and we challenge the defense’s assumptions with facts, not speculation.
The minutes and hours after a motorcycle accident can shape the outcome of your case. If you are physically able, take these steps:
If you were seriously injured and could not do any of these things at the scene, that is okay. A lawyer can often reconstruct what happened using police reports, witness statements, and accident reconstruction experts.
Colorado law gives you three years from the date of the accident to file a personal injury lawsuit. That might sound like a long time, but evidence disappears quickly. Witnesses move. Surveillance footage gets deleted. Skid marks fade.
More importantly, the insurance company is already working on its defense the day after the accident. Adjusters are taking statements, reviewing the police report, and looking for ways to minimize their payout. Waiting to talk to a lawyer only gives them more time to build their case while yours sits still.
There are also situations where the deadline is shorter. If your accident involved a government vehicle or a road hazard caused by a city or county, you may have as little as 180 days to file a notice of claim. Miss that deadline and you lose your right to sue, no matter how strong your case is.
If another party caused your motorcycle accident, Colorado law allows you to recover compensation for both economic and non-economic damages. Economic damages include:
Non-economic damages include:
If the at-fault driver was driving under the influence, fled the scene, or acted with extreme recklessness, you may also be entitled to punitive damages, which are designed to punish the defendant and deter similar conduct in the future.
The total value of your case depends on the severity of your injuries, the strength of the evidence, and how well your lawyer can present your story to the insurance company or a jury.
Insurance companies move fast when they think they can close a case cheaply. You might get a call within days of the accident, before you have even seen all your medical bills, offering a lump sum to settle everything.
That offer is almost always too low. It does not account for future medical treatment, long-term disability, or the full extent of your non-economic damages. Once you accept it and sign the release, you cannot come back later and ask for more, even if your condition worsens.
Before you accept any settlement offer, talk to a lawyer. A motorcycle accident attorney can review the offer, calculate what your case is actually worth, and negotiate for a fair settlement. If the insurance company refuses to budge, your lawyer can file a lawsuit and take the case to trial.
The lawyers at McCormick & Murphy, P.C. represent injured riders across Broomfield, Denver, Boulder, Longmont, Fort Collins, and throughout Colorado. We know how these cases are won, and we know where they fall apart.
From the first consultation, we focus on building a case that speaks to what actually happened, not what the insurance company wants people to believe. That means working with accident reconstruction experts, reviewing traffic camera footage, interviewing witnesses, and gathering medical evidence that shows the full impact of your injuries.
We also handle all communication with the insurance company. You do not have to give statements, return phone calls, or argue over medical records. We take that burden off you so you can focus on recovery.
If a fair settlement is not offered, we file a lawsuit and take the case to trial. Not every firm is willing to do that. Many will push clients to settle early because trials require time, preparation, and expense. We do not operate that way. If a trial is what it takes to get you the compensation you deserve, that is what we do.
McCormick & Murphy, P.C. serves clients in Broomfield, Westminster, Thornton, Arvada, Lakewood, Wheat Ridge, Golden, Boulder, Longmont, Louisville, Lafayette, Superior, Erie, Brighton, Commerce City, Northglenn, Aurora, Englewood, Littleton, Centennial, Greenwood Village, Lone Tree, Parker, Highlands Ranch, Castle Rock, Morrison, Evergreen, Conifer, Bailey, Pine, Idaho Springs, Georgetown, Estes Park, Fort Collins, Loveland, and Greeley.
Our office is located at 1547 N Gaylord St UNIT 303, Denver, CO 80206. If you cannot travel due to your injuries, we can meet you at your home or hospital room.
If you were injured in a motorcycle accident in Broomfield or anywhere else in Colorado, call McCormick & Murphy, P.C. at 888-668-1182. The consultation is free. We will review the facts of your case, explain your options, and tell you what we think your case is worth. If we take your case, we work on a contingency fee basis, which means you do not pay unless we win.
You have rights. You have options. And you do not have to accept the blame for an accident that someone else caused.
Call the police to get an official report, even if the accident seems minor. Take photos of the scene, your motorcycle, the other vehicle, road conditions, and any visible injuries. Get contact information from witnesses. Seek medical attention right away, even if you feel fine, because some injuries do not show symptoms immediately. Do not give a recorded statement to the other driver’s insurance company, and do not sign anything without talking to a lawyer first. Document all expenses related to the accident, including medical bills, repair costs, and lost wages.
Yes. Colorado does not require adult riders to wear helmets, and not wearing one does not make you at fault for the accident. If another driver caused the crash, they are still liable. The insurance company may argue that your injuries would have been less severe with a helmet, but that argument has limits. Many injuries occur regardless of helmet use, and many motorcycle accident injuries do not involve the head. Under Colorado’s comparative negligence rule, you can still recover compensation as long as you are not more than 50 percent at fault. A lawyer can challenge the defense’s assumptions and work with medical experts to show the true cause of your injuries.
You have three years from the date of the accident to file a personal injury lawsuit in Colorado. However, waiting can hurt your case because evidence disappears, witnesses move, and memories fade. If your accident involved a government vehicle or a road hazard caused by a city or county, you may have as little as 180 days to file a notice of claim. Missing that deadline means you lose your right to sue. It is important to talk to a lawyer as soon as possible after the accident so your case can be investigated while the evidence is still fresh.
“I didn’t see you” is not a legal defense. Drivers have a duty to check their mirrors, look over their shoulders, and make sure the road is clear before changing lanes, turning, or merging. Motorcycles are smaller and easier to miss, but that does not excuse a driver’s failure to look. If the other driver failed to see you, that failure is the cause of the accident, not your fault for being on a motorcycle. A lawyer can use accident reconstruction, witness testimony, and traffic laws to show that the driver was negligent and should be held responsible.
Motorcycle accident cases face more bias. Insurance companies and juries often assume the rider was at fault or acting recklessly, even when the evidence shows otherwise. The injuries are also more severe because riders have no protective shell around them, which means higher medical bills, longer recovery times, and more permanent disabilities. Police reports and witness statements often use language that shifts blame onto the rider. Proving fault in a motorcycle accident case requires a lawyer who understands these challenges and knows how to present evidence in a way that counters the bias and focuses on what actually caused the crash.
You can recover compensation for medical expenses, including emergency treatment, surgery, hospital stays, physical therapy, and future medical care. You can also recover lost wages, loss of future earning capacity if you cannot return to your previous job, property damage to your motorcycle and gear, and out-of-pocket expenses such as transportation to medical appointments and home modifications. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, scarring, and loss of companionship. If the at-fault driver was intoxicated, fled the scene, or acted with extreme recklessness, you may also be entitled to punitive damages.
Yes. The first offer from an insurance company is almost always too low. It does not account for future medical treatment, long-term disability, or the full extent of your pain and suffering. Insurance companies want to close cases quickly and cheaply, and they know that many injured riders are facing mounting bills and lost income. Once you accept a settlement and sign the release, you cannot come back later and ask for more, even if your condition worsens. A lawyer can review the offer, calculate what your case is actually worth, and negotiate for a fair settlement. If the insurance company refuses, your lawyer can file a lawsuit and take the case to trial.
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