You already know what people think. The car driver’s insurance adjuster will say you were going too fast. That you came out of nowhere. That riders are reckless. They’ll find a way to blame you for the accident even when the driver turned left across your lane without looking or merged into you like you weren’t there.
That bias is real. So is your right to compensation when a driver’s negligence puts you in the hospital.
McCormick & Murphy, P.C. represents motorcycle riders in Longmont and across Colorado who were injured because someone else made a mistake. We know how these cases work. We know what adjusters say to riders. And we know how to prove what actually happened.
When a car hits another car, nobody asks if the driver had the right to be on the road. When a car hits a motorcycle, suddenly everything about the rider is up for debate.
Were you wearing the right gear? Were you in the driver’s blind spot? Should you have anticipated that the driver wouldn’t see you? Insurance companies treat motorcycle accidents like the rider needs to prove they deserved to survive.
The law doesn’t work that way. Motorcycles have the same rights as any other vehicle. Drivers have the same duty to look, to signal, to check their mirrors, to yield. When they don’t, and you get hurt, they’re liable.
But proving it takes more work. Motorcycle accident cases require accident reconstruction. We need to show where you were in the lane, what the sightlines were, whether the driver even braked. We often bring in engineers who can demonstrate that the driver had every opportunity to see you if they had been paying attention.
We also deal with injuries that car accident lawyers rarely see. Road rash that requires skin grafts. Fractures that need hardware. Traumatic brain injuries even when you were wearing a helmet. These aren’t soft tissue claims. The medical evidence alone can be extensive.
Most motorcycle accidents happen because a driver violated your right of way. The specifics matter when we’re building your case.
Left-turn accidents are the most common. A car turns left at an intersection or into a driveway and crosses directly into your path. The driver will say they didn’t see you. What they mean is they didn’t look. Drivers scan for cars. They don’t process motorcycles the same way. That’s not a defense. That’s negligence.
Lane change collisions happen when a driver merges into your lane without checking their blind spot. Yes, motorcycles can be in blind spots. That’s why drivers are supposed to turn their heads and look before they change lanes. When they don’t, and they side-swipe you or run you off the road, that’s on them.
Rear-end accidents are devastating on a bike. You have no protection. A driver texting at a red light or following too close on Highway 119 can cause catastrophic injuries when they hit you from behind.
Road hazards cause accidents that wouldn’t touch a car. Gravel in a turn. A pothole. An uneven seam where they patched the road. When a government entity fails to maintain the road or a construction company leaves debris, you may have a claim against them in addition to any driver involved.
Colorado does not require adult riders to wear a helmet. You have the legal right to ride without one.
If you weren’t wearing a helmet and you suffered a head injury, the insurance company will absolutely argue that you caused your own injuries. They’ll hire experts who will testify that a helmet would have prevented or reduced the injury.
Here’s what matters: helmet use cannot be introduced as evidence of fault for the accident itself. Whether you wore a helmet has nothing to do with whether the driver turned left in front of you.
It can affect damages. If a jury believes a helmet would have prevented a specific injury, they can reduce the compensation for that injury. But you can still recover for every other injury. The fractures. The road rash. The motorcycle damage. Lost wages. Pain and suffering from non-head injuries.
More importantly, helmet testimony cuts both ways. If you were wearing a helmet and you still suffered a brain injury, that proves how violent the impact was. It shows the crash was severe enough to cause injury even with protection.
We work with medical experts who can testify about what injuries were caused by the collision and what a helmet could or couldn’t have prevented. The insurance company doesn’t get to blame you for their driver’s negligence just because you exercised your legal right not to wear a helmet.
If you can, get the driver’s information. Insurance, license plate, phone number. Take photos of both vehicles, the road, any skid marks or debris. If there are witnesses, get their names and numbers before they leave.
Call the police. You want a report. Even if the driver is apologetic at the scene, their story may change once they talk to their insurance company. The report documents what happened while it’s fresh.
Get medical attention. Even if you think you’re okay. Adrenaline masks pain. Injuries that don’t hurt at the scene can be serious. A gap between the accident and treatment gives the insurance company room to argue your injuries came from something else.
Do not talk to the other driver’s insurance company. They will call you. They’ll sound friendly. They’ll ask you to describe what happened, how you’re feeling, whether you were wearing a helmet. Everything you say will be used to deny or reduce your claim. Tell them to contact your lawyer. Then call us.
Do not sign anything or accept any settlement offer without talking to a lawyer first. Insurance companies make fast, low offers hoping you’ll take the money before you know what your case is worth. Once you accept, you’re done. You can’t come back later when your medical bills are higher than you thought or when you realize you can’t work.
You don’t have a steel cage around you. When a car hits you, your body takes the impact. The injuries reflect that.
Road rash is tissue damage from sliding across pavement. Severe road rash requires surgery, skin grafts, wound care for months. It scars. It’s painful. Insurance adjusters treat it like it’s cosmetic. It’s not. It’s a serious injury with serious treatment and serious consequences.
Fractures are common. Arms and legs break when you go down. Collarbones. Ribs. Pelvic fractures that require surgery and leave you immobile for weeks. These aren’t six-week injuries. Recovery takes months. You may need hardware that stays in your body permanently.
Spinal injuries can leave you paralyzed. Even incomplete spinal injuries can cause permanent weakness, numbness, chronic pain. These cases involve lifetime medical care, modifications to your home, loss of earning capacity. The damages can be substantial.
Traumatic brain injuries are catastrophic. Even a concussion can cause symptoms that last months or never fully resolve. Memory problems. Difficulty concentrating. Mood changes. Severe TBIs can leave you unable to work, unable to care for yourself, needing supervision for life.
Insurance companies fight these claims hard because the damages are high. They’ll argue you’re exaggerating. That the imaging doesn’t show injury. That you were fine before the accident and whatever’s wrong with you now must be something else. You need medical experts who can connect your injuries to the crash and testify about your prognosis and needs.
The driver’s insurance company will investigate every angle to shift blame to you. They’ll say you were speeding. That you were in the driver’s blind spot. That you should have braked sooner or swerved. They’ll use the fact that you were on a motorcycle to suggest you were driving aggressively.
We prove fault with evidence. The police report matters, but it’s not the end of the investigation. We get the 911 calls. We track down witnesses. We subpoena the driver’s phone records if we believe they were texting. We examine the physical evidence: the damage to both vehicles, the location of the debris field, the skid marks.
We hire accident reconstruction experts when we need them. They can analyze the angles, the speeds, the sightlines. They can testify that the driver had a clear view and enough time to react if they’d been paying attention. They can show the jury exactly how the crash happened and why it was the driver’s fault.
If the driver violated a traffic law, that helps. Running a red light, failing to signal, improper lane change—violations create a presumption of negligence. The driver has to explain why breaking the law didn’t cause the accident. That’s a hard argument to make.
Your claim includes every loss the accident caused. Medical bills you’ve already paid. Future medical treatment. Lost income from time you couldn’t work. Lost earning capacity if your injuries prevent you from doing your job long-term.
It includes your motorcycle. Repair costs or fair market value if it was totaled. Custom parts and upgrades that the insurance company’s valuation won’t account for unless we fight for them.
It includes pain and suffering. Physical pain. The experience of going through surgeries and rehab. The loss of activities you can’t do anymore. Scarring and disfigurement. The psychological impact of a traumatic crash.
If your spouse’s life was affected—if they had to care for you, if your injuries changed your relationship—they may have a loss of consortium claim.
In rare cases where the driver’s conduct was willful and wanton, punitive damages may be available. Drunk driving. Road rage. Hit and run. Punitive damages are meant to punish and deter, not just compensate.
The insurance company’s first offer will be low. They’ll offer medical bills and maybe a little for pain and suffering. They won’t account for future treatment. They won’t fairly value your lost income. They certainly won’t offer what a jury might award.
We calculate what your case is actually worth based on the full extent of your injuries, your prognosis, and the strength of the liability evidence. Then we negotiate from that number. If the insurance company won’t make a fair offer, we file a lawsuit.
Colorado gives you three years from the date of the accident to file a personal injury lawsuit. That sounds like a lot of time. It’s not.
You can’t start a case until you know the full extent of your injuries. If you’re still treating, still in physical therapy, still having surgeries, we don’t know what your case is worth yet. We can’t settle before we know whether you’ll recover fully or face permanent limitations.
But waiting too long creates problems. Witnesses move. Memories fade. Evidence disappears. If there was video from a business or traffic camera, it may only be stored for a limited time. We need to preserve that evidence before it’s gone.
The insurance company is investigating from day one. You should have a lawyer doing the same.
If a government entity is potentially liable—a poorly maintained road, a malfunctioning traffic signal—the deadline is much shorter. You have 180 days to file a notice of claim. Miss that and your case is over before it starts.
Call us as soon as you’re able. We can start building your case while you focus on recovery.
We meet with you to hear what happened. We review the police report and your medical records. We investigate the accident. We consult with experts when needed. We handle the insurance companies so you don’t have to.
We don’t settle cheap. If the insurance company makes a fair offer that fully compensates you for your injuries and losses, we’ll recommend you take it. If they don’t, we file a lawsuit.
Kirk McCormick and Jay Murphy have tried cases in Longmont and throughout Colorado. Insurance companies know we’ll go to trial if that’s what it takes. That knowledge changes settlement negotiations.
We work on contingency. You don’t pay us anything unless we recover money for you. No upfront fees. No hourly billing. We get paid when you do, and only if we win.
You’re dealing with injuries. Medical appointments. Bills. Maybe you can’t work. You shouldn’t also have to fight with insurance companies and figure out legal deadlines and find expert witnesses. That’s what we’re here for.
We represent riders injured in accidents throughout Boulder County and the Front Range. Longmont, Boulder, Louisville, Lafayette, Superior, Erie. Highway 119, I-25, Diagonal Highway. Mountain roads where tourists don’t check their mirrors before drifting into your lane.
If you were injured in a motorcycle accident and someone else was at fault, call us. The consultation costs you nothing. We’ll tell you whether you have a case and what we think it’s worth.
You can reach McCormick & Murphy, P.C. at 888-668-1182. We’re at 1547 N Gaylord St, Unit 303, Denver. You can learn more at our website.
You have rights. The fact that you were on a motorcycle doesn’t change that. Let us fight for what you’re owed.
Insurance companies often try to shift fault to motorcycle riders, suggesting you were speeding, weaving, or somehow at fault simply because you were on a bike. This bias is real and we see it in almost every motorcycle case. But bias is not evidence. Colorado law gives motorcycles the same rights as any other vehicle, and drivers have the same duty to look, yield, and share the road. We prove fault with evidence—witness statements, accident reconstruction, physical evidence, traffic violations. If the driver was negligent, the fact that you were on a motorcycle is irrelevant to liability. We know the arguments insurance companies make and how to counter them with facts.
Colorado does not require adult riders to wear helmets, so you have the legal right to ride without one. Whether you wore a helmet cannot be used as evidence that you were at fault for the accident itself. However, if you suffered a head injury and were not wearing a helmet, the insurance company may argue that a helmet would have prevented or reduced that specific injury, which could affect the damages you recover for the head injury. It does not affect your ability to recover for other injuries like fractures, road rash, or emotional distress. If you were wearing a helmet and still suffered a head injury, that actually demonstrates the severity of the impact. We work with medical experts who can testify about what injuries were caused by the crash and what a helmet could or could not have prevented.
First, call 911 if anyone is injured and get medical attention even if you think you are okay—adrenaline can mask serious injuries. Call the police to create an official accident report. If you are able, collect the other driver’s insurance information, license plate, and contact details, and take photos of both vehicles, the accident scene, road conditions, and any visible injuries. Get the names and phone numbers of any witnesses before they leave. Do not give a statement to the other driver’s insurance company without talking to a lawyer first—anything you say will be used to reduce or deny your claim. Do not sign anything or accept any settlement offer until you have consulted with an attorney who can tell you what your case is actually worth.
Colorado’s statute of limitations gives you three years from the date of the accident to file a personal injury lawsuit. However, waiting too long can hurt your case because witnesses forget details, evidence disappears, and surveillance footage may be deleted. If a government entity is potentially at fault—such as for poor road maintenance or a malfunctioning signal—you have only 180 days to file a notice of claim against the government or you lose your right to sue. It is important to contact a lawyer as soon as possible after the accident so we can preserve evidence, interview witnesses, and begin building your case while you focus on recovery.
You can recover compensation for all economic and non-economic losses caused by the accident. Economic damages include medical bills (past and future), rehabilitation costs, lost wages from time you missed work, lost earning capacity if your injuries prevent you from returning to your job, and property damage including repairs or replacement value of your motorcycle and gear. Non-economic damages include physical pain and suffering, emotional distress, loss of enjoyment of life, scarring and disfigurement, and the psychological trauma of the crash. If your injuries affected your spouse or family, they may have a loss of consortium claim. In cases involving extreme negligence such as drunk driving, you may also be entitled to punitive damages designed to punish the wrongdoer.
Motorcycle accident cases face unique challenges because of bias against riders. Insurance adjusters often assume the motorcyclist was speeding or driving recklessly, which means we have to work harder to prove the driver was at fault. Motorcycle crashes also tend to result in more severe injuries—road rash, catastrophic fractures, spinal injuries, traumatic brain injuries—because riders lack the protection of a vehicle frame. These cases often require accident reconstruction experts and medical specialists to demonstrate how the crash happened and the full extent of the injuries. Additionally, motorcycle damage claims can be complex when custom parts and upgrades are not reflected in standard valuation tools. Fighting bias and proving the true value of your case requires a lawyer who understands the specific dynamics of motorcycle accidents.
Drivers frequently say they did not see the motorcycle, especially in left-turn and lane-change accidents. This is not a legal defense—it is an admission of negligence. Drivers have a legal duty to look for all vehicles, including motorcycles, before turning, merging, or changing lanes. Saying “I didn’t see you” means they failed in that duty. We prove this with evidence such as sightlines, traffic conditions, the location of your motorcycle in the lane, and whether the driver was distracted. Accident reconstruction experts can demonstrate that the driver had a clear view and enough time to see you if they had been paying attention. The law does not excuse drivers for failing to see what they should have seen.
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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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