You were hit. Maybe it was a driver who didn’t see you. Maybe they cut you off, turned left in front of you, or drifted into your lane. Now you’re dealing with broken bones, road rash, or worse—and the insurance company is already suggesting you were going too fast, not paying attention, or somehow asked for this because you were on a bike.
That assumption is wrong. It’s also predictable.
Motorcycle riders face a level of scrutiny that drivers in cars never deal with. Insurance adjusters, defense attorneys, and even juries often start from a place of bias. If you were on two wheels, you must have been reckless. You must have been weaving. You must have been speeding.
We’ve handled enough motorcycle accident cases in Fort Collins and across Colorado to know the pattern. The bias is real. So is your right to compensation. At McCormick & Murphy, P.C., we don’t sugarcoat what you’re up against. We prepare for it, and we fight through it.
A motorcycle accident claim is not just a car accident case on two wheels. The injuries are worse. The insurance companies are more aggressive. And the defense is almost always the same: blame the rider.
Motorcycle riders don’t have airbags. They don’t have crumple zones or seat belts. When a car strikes a bike, the rider absorbs the full force of the collision. That means more severe injuries—traumatic brain injuries, spinal cord damage, fractures, road rash, crush injuries, amputations. Recovery takes longer. Medical bills pile up faster. And the long-term impact on your ability to work and live your life can be devastating.
On top of that, the legal landscape is different. Colorado law treats motorcycle accidents like any other vehicle collision when it comes to fault and damages. But in practice, insurance companies and defense lawyers work harder to shift blame onto the rider. They’ll scrutinize every detail: what you were wearing, where you were positioned in the lane, your speed, your riding history, whether you had a helmet on.
That’s why you need a lawyer who knows how to counter those tactics before they take root.
Most motorcycle accidents happen because drivers in cars fail to see riders or misjudge their speed and distance. These crashes are preventable. They happen because someone wasn’t paying attention or didn’t check twice.
Left-turn collisions are among the most common and most dangerous. A driver waits to turn left at an intersection, sees a motorcycle approaching, and thinks they have time. They don’t. The rider has the right of way, but the car turns anyway. The bike has nowhere to go.
Lane change accidents happen when a driver merges or changes lanes without checking their blind spot. Motorcycles occupy less space on the road, which makes them easier to miss. But that doesn’t make the driver any less responsible for the collision.
Rear-end crashes occur when a driver is following too closely or not paying attention. Motorcycles can stop faster than cars in many situations, but a distracted driver won’t react in time. The result is often catastrophic for the rider.
Road hazards that might be a minor inconvenience for a car—potholes, gravel, uneven pavement, debris—can send a motorcycle out of control. If a city or county failed to maintain the road properly, they may share liability for your injuries.
Dooring accidents happen in urban areas when someone in a parked car opens their door into the path of an oncoming motorcycle. The rider has no time to react. The person opening the door is responsible, but insurance companies will often try to argue the rider should have anticipated it.
In every one of these scenarios, the initial response from the insurance company will be to find a reason to blame you. That’s not an accident. It’s a strategy.
If you’ve been riding for any length of time, you already know this. Drivers don’t see you. They pull out in front of you. They assume you’re going faster than you are. They think you’re reckless just for being on a bike.
That bias doesn’t disappear when you file a personal injury claim. In fact, it gets worse.
Insurance adjusters will look for any excuse to reduce or deny your claim. They’ll say you were lane-splitting, even if you weren’t. They’ll claim you were speeding, even if the police report says otherwise. They’ll argue you should have done more to avoid the accident, even when the other driver violated your right of way.
Defense lawyers use the same playbook. They’ll present you as a risk-taker. They’ll introduce evidence about other riders who were involved in accidents and try to paint all motorcyclists with the same brush. If your case goes to trial, they’ll try to select jurors who are predisposed to distrust riders.
We know all of this because we’ve seen it in case after case. And we know how to counter it. That starts with building a record that doesn’t leave room for interpretation. Witness statements. Accident reconstruction. Photos of the scene, your bike, your injuries. Medical records that document every fracture, every surgery, every week of physical therapy. Traffic camera footage. Cell phone records that show the other driver was texting. Maintenance records that prove the road was in disrepair.
When the evidence is clear, bias has less room to operate.
Colorado does not require adults over the age of 18 to wear a helmet while riding a motorcycle. If you were not wearing a helmet at the time of the accident, the insurance company will try to use that against you.
They’ll argue that your injuries would have been less severe if you’d been wearing a helmet, and therefore you share some responsibility for the extent of your damages. This argument comes up even in cases where the helmet would not have prevented the injury—like a broken leg or a crushed pelvis.
Colorado follows a modified comparative negligence rule. That means if you are found to be partially at fault for your injuries, your compensation can be reduced by your percentage of fault. If you are found to be 50% or more at fault, you recover nothing.
Whether the lack of a helmet affects your claim depends on the type of injury and the evidence in your case. If you suffered a traumatic brain injury, the defense will absolutely argue that a helmet would have made a difference. If your injuries were to other parts of your body, that argument is weaker. But you can expect them to make it anyway.
The key is to establish that the other driver caused the accident. If the collision itself was entirely their fault—if they ran a red light, turned left in front of you, or rear-ended you at a stoplight—then whether you wore a helmet is irrelevant to who caused the crash. It may come into play when calculating damages, but it doesn’t change liability.
This is another reason why having a lawyer who understands motorcycle accident cases matters. We know how to frame the argument and limit the impact of helmet law defenses before they derail your claim.
Colorado’s statute of limitations for personal injury claims is three years from the date of the accident. That might sound like a long time. It isn’t.
The first few months after a serious motorcycle accident are consumed by medical treatment, surgery, rehabilitation. You’re focused on healing, not on paperwork. But the insurance company is already building its case. They’re taking statements from the other driver. They’re reviewing the police report. They’re preparing to minimize your claim.
The longer you wait to involve a lawyer, the harder it becomes to gather evidence. Witnesses forget details. Photos disappear. Surveillance footage gets erased. The scene of the accident changes.
There are also situations where the statute of limitations is shorter. If the accident involved a government vehicle or a poorly maintained road owned 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 compensation entirely.
You don’t need to have all the answers before you call us. You just need to make the call. We can start protecting your rights while you focus on recovery.
The compensation you can recover depends on the extent of your injuries, the impact on your life, and the strength of the evidence proving the other driver was at fault.
Medical expenses are the most straightforward category of damages. That includes everything you’ve already paid—emergency room visits, surgery, hospital stays, medications, medical equipment—and everything you will need in the future. Motorcycle accident injuries often require multiple surgeries, long-term physical therapy, and ongoing pain management. Those future costs are part of your claim.
Lost wages cover the income you’ve missed while you were unable to work. If your injuries prevent you from returning to your previous job, or if you can’t work at all, you can recover compensation for lost earning capacity. That calculation looks at your age, your skills, your work history, and what you would have earned over the course of your career.
Property damage includes the cost of repairing or replacing your motorcycle, as well as any gear that was damaged in the crash—helmet, jacket, boots, gloves.
Pain and suffering accounts for the physical pain, emotional trauma, and reduction in quality of life that comes with a serious injury. This isn’t about putting a dollar value on suffering. It’s about recognizing that your life has been altered in ways that can’t be fixed with a check.
In cases involving extreme recklessness—drunk driving, road rage, hit and run—you may also be entitled to punitive damages. These are meant to punish the defendant and deter similar conduct in the future.
Insurance companies will try to settle your claim for as little as possible, as quickly as possible. They’ll offer you a check before you know the full extent of your injuries. Once you accept that settlement, you can’t come back for more. That’s why it’s critical to have a lawyer review any offer before you sign anything.
Proving fault in a motorcycle accident case means showing that the other driver did something they shouldn’t have done, or failed to do something they should have done, and that their action or inaction caused the crash.
The police report is often the starting point. If the officer cited the other driver for a traffic violation—running a red light, failing to yield, following too closely—that’s strong evidence. But a police report alone isn’t always enough, especially if there are conflicting accounts of what happened.
Witness statements can be critical. Someone who saw the accident from a neutral vantage point can confirm that the other driver turned left in front of you, or drifted into your lane, or was looking at their phone. We track down witnesses and get their statements before memories fade.
Accident reconstruction experts can analyze the physical evidence—skid marks, debris patterns, damage to the vehicles—and recreate what happened. They can calculate speeds, determine points of impact, and explain the mechanics of the crash in a way that leaves no doubt about who caused it.
Traffic camera footage, dash cam video, and surveillance footage from nearby businesses can provide objective evidence that contradicts the other driver’s version of events. We know where to look and how to secure that footage before it’s deleted.
Cell phone records can show whether the other driver was texting, calling, or using an app at the time of the collision. In Colorado, texting while driving is illegal. If the driver was on their phone when they hit you, that’s powerful evidence of negligence.
Your own testimony matters, too. What you saw, what you did to try to avoid the crash, and what the other driver said at the scene can all be part of the record. But your testimony alone won’t be enough if the other side is determined to blame you. That’s why we build cases with layers of evidence that support each other and leave no room for doubt.
Colorado’s comparative negligence rule allows the insurance company to argue that you share some of the blame for the accident. If they can convince a jury that you were partially at fault, your compensation will be reduced by your percentage of fault.
For example, if your total damages are $200,000 and the jury finds you 20% at fault, you would recover $160,000. If you are found to be 50% or more at fault, you recover nothing.
Insurance companies use this rule to their advantage. They’ll claim you were speeding, even if you weren’t. They’ll say you were in the driver’s blind spot, even if you were exactly where you were supposed to be. They’ll argue you should have anticipated the other driver’s mistake, even when that driver violated a traffic law.
The way to fight comparative negligence arguments is to make it clear who actually caused the crash. If the other driver ran a stop sign, no amount of defensive driving on your part could have prevented the collision. If they turned left across your lane while you had a green light, you had the right of way. If they rear-ended you while you were stopped at a red light, your speed is irrelevant.
The earlier you involve a lawyer, the harder it is for the insurance company to build a comparative negligence defense. We lock down the evidence, document the scene, and establish the facts before the other side has a chance to rewrite the story.
We represent clients across Fort Collins, Loveland, Greeley, Estes Park, and northern Colorado. We’ve handled cases involving every type of motorcycle accident—left turns, lane changes, rear-end collisions, dooring, road hazards.
We know the roads in this area. We know the intersections where accidents happen. We know the local insurance adjusters and defense attorneys, and we know the tactics they use to minimize claims.
More importantly, we know what it takes to prove fault when the other side is determined to blame the rider. That starts with thorough investigation and ends with evidence that speaks for itself. We bring in accident reconstruction experts when needed. We track down witnesses. We secure video footage. We obtain medical records that document the full extent of your injuries.
We also handle every personal injury claim on a contingency fee basis. That means you don’t pay anything unless we recover compensation for you. No upfront costs. No hourly fees. No surprise bills. If we don’t win, you don’t owe us.
The insurance company has lawyers working for them from the moment the accident happens. You should, too.
The decisions you make in the hours and days after a motorcycle accident can affect the outcome of your claim. Some steps are obvious. Others are easy to overlook when you’re in pain and dealing with the aftermath of a crash.
Get medical attention immediately, even if you think your injuries are minor. Adrenaline masks pain. Some injuries—internal bleeding, concussions, soft tissue damage—don’t show symptoms right away. If you delay treatment, the insurance company will argue your injuries weren’t serious or weren’t caused by the accident.
Call the police and make sure an accident report is filed. That report creates an official record of what happened. If the officer cites the other driver for a traffic violation, that citation becomes evidence in your case.
Take photos of the scene, the vehicles, and your injuries if you’re able. Document the position of the vehicles, any skid marks, traffic signs, road conditions, and anything else that might explain how the crash happened.
Get contact information for witnesses. Anyone who saw the accident can provide a statement that supports your version of events. Don’t assume the police will get every witness’s information. Do it yourself if you can, or ask someone at the scene to help.
Do not give a statement to the other driver’s insurance company. They will call you within hours or days of the accident. They’ll sound sympathetic. They’ll ask how you’re feeling. They’ll ask what happened. Every word you say will be used to minimize your claim. Politely decline to give a recorded statement and refer them to your attorney.
Do not accept a settlement offer without talking to a lawyer. The insurance company will try to settle your claim quickly, before you know the full extent of your injuries. Once you accept, you give up your right to come back for more. That early settlement rarely covers what you actually need.
Do not post about the accident on social media. Insurance companies and defense lawyers scour Facebook, Instagram, and other platforms looking for anything they can use against you. A photo of you smiling at a family gathering doesn’t mean you’re not in pain. But they’ll use it to argue your injuries aren’t as serious as you claim.
You were on a motorcycle, so people assume things. They assume you were going too fast. They assume you were taking risks. They assume you were somehow asking for trouble.
None of that changes the fact that another driver made a mistake and you got hurt because of it.
Your right to compensation doesn’t depend on whether the insurance adjuster thinks motorcycles are dangerous. It doesn’t depend on whether the defense attorney personally likes riders. It depends on the facts of the case and the evidence that shows the other driver was at fault.
We don’t get sidetracked by bias. We focus on building a case that speaks for itself. If you were hit because someone failed to yield, we prove it. If you were cut off in traffic, we document it. If the road was poorly maintained and that contributed to your crash, we hold the responsible party accountable.
You deserve a lawyer who knows how motorcycle accident cases are fought and won. Not someone who treats your case like just another fender bender.
If you’ve been injured in a motorcycle accident in Fort Collins or anywhere in northern Colorado, call us at 888-668-1182. We’ll answer your questions, explain your options, and help you understand what your case is worth.
You can also visit us online at mccormickmurphy.com to learn more about how we handle personal injury claims.
The consultation is free. The advice is real. And the only way the insurance company wins is if you don’t know what you’re entitled to.
Get medical attention first, even if your injuries seem minor. Adrenaline can mask serious damage, and delayed treatment gives the insurance company a reason to question your claim. Call the police and make sure a report is filed. Take photos of the scene, the vehicles, your injuries, and anything else that documents what happened. Get contact information from witnesses. Do not give a statement to the other driver’s insurance company. Do not post about the accident on social media. Contact a lawyer before you accept any settlement offer or sign anything.
Insurance companies and defense attorneys often start from a place of bias against motorcycle riders. They’ll look for any reason to shift blame—claiming you were speeding, not paying attention, or taking risks. That bias is predictable, but it doesn’t change the facts. If the other driver violated a traffic law, failed to yield, or wasn’t paying attention, they caused the accident. The key is building a strong case with evidence that leaves no room for interpretation. That’s what we do. We counter the bias before it takes root.
Colorado does not require adults over 18 to wear a helmet. If you weren’t wearing one, the insurance company will try to argue that your injuries would have been less severe if you had been, and that you share fault for the extent of your damages. Whether that argument holds up depends on the type of injury and the strength of the evidence. A helmet wouldn’t have prevented a broken leg or a crushed pelvis. If you suffered a head injury, the defense will make that argument more aggressively. But the lack of a helmet doesn’t change who caused the crash. If the other driver was at fault, that’s what matters most.
You have three years from the date of the accident to file a personal injury claim in Colorado. That deadline is shorter if the crash involved a government vehicle or a road that was poorly maintained by a city or county—in those cases, you may have as little as 180 days to file a notice of claim. Waiting too long makes it harder to gather evidence. Witnesses forget details, photos disappear, and surveillance footage gets erased. The insurance company starts building its defense immediately. You should, too.
You can recover compensation for medical expenses—both past and future—including surgery, hospital stays, rehabilitation, medications, and medical equipment. You can recover lost wages for the time you missed from work, and lost earning capacity if your injuries prevent you from returning to your job. Property damage includes the cost of repairing or replacing your motorcycle and gear. You can also recover damages for pain and suffering, which accounts for the physical pain, emotional trauma, and reduction in quality of life caused by your injuries. In cases involving extreme recklessness, punitive damages may also be available.
Proving fault means showing that the other driver did something negligent or reckless that caused the crash. The police report is a starting point, especially if the other driver was cited for a traffic violation. Witness statements provide independent confirmation of what happened. Accident reconstruction experts can analyze the physical evidence and explain the mechanics of the crash. Traffic camera footage, dash cam video, and surveillance footage offer objective proof. Cell phone records can show whether the other driver was texting at the time of the collision. We gather all of that evidence and build a case that leaves no doubt about who caused the accident.
Colorado follows a modified comparative negligence rule. If you’re found partially at fault, your compensation is reduced by your percentage of fault. If you’re found 50% or more at fault, you recover nothing. Insurance companies use this rule to minimize payouts. They’ll claim you were speeding, in a blind spot, or should have anticipated the other driver’s mistake. The way to fight that argument is to establish the facts clearly. If the other driver ran a stop sign, turned left in front of you, or rear-ended you at a red light, no amount of defensive riding on your part could have prevented the crash. Strong evidence makes it harder for the insurance company to shift blame.
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