You already know what the driver is going to say. They didn’t see you. They thought you came out of nowhere. They’re going to say you were going too fast, even if you weren’t. The investigating officer might look at the wreckage and assume you were at fault before they even talk to you. The insurance adjuster will lowball your first offer and act like they’re doing you a favor.
This is the reality of being a motorcyclist in a collision. The bias is real. The assumption that you must have done something wrong is built into every conversation that happens after the crash.
But bias doesn’t change the facts. And the facts are what matter in a motorcycle accident case. When someone fails to yield, changes lanes without looking, or opens a car door into traffic, they are liable—no matter what you were riding.
At McCormick & Murphy, P.C., we represent riders. We’ve heard every excuse, every deflection, every attempt to shift blame onto the person who got hurt. We know how these cases work, how insurance companies handle motorcycle claims differently, and how to fight back when someone tries to treat you like you deserved what happened.
If you were injured in a motorcycle accident in Parker, you don’t have to accept the insurance company’s version of events. Call 888-668-1182 and talk to someone who knows the difference between anti-rider bias and the actual law.
Insurance companies approach motorcycle accident claims with skepticism. That’s not an exaggeration—it’s company policy at most major insurers. They assume riders take unnecessary risks. They assume speed was a factor. They assume you could have avoided the collision if you were more careful.
None of that is evidence. But it still affects how your claim is handled.
Adjusters will look for any reason to reduce your settlement. They’ll argue that your injuries would have been less severe if you were in a car. They’ll suggest that lane splitting, even when legal, contributed to the crash. They’ll bring up helmet use, riding experience, and the type of bike you were on—anything to shift focus away from the driver who hit you.
That’s why these cases require a lawyer who knows how to counter that bias with evidence. Accident reconstruction. Witness testimony. Traffic camera footage. Medical records that document the full extent of your injuries, not the minimized version the insurance company wants to pay for.
Motorcycle accident cases are different because the other side treats them differently. You need representation that accounts for that from the start.
Most motorcycle accidents happen because a driver in a car or truck failed to see the rider. That’s the polite way of saying they didn’t look. The reality is that drivers don’t expect motorcycles, so they don’t register them even when they’re in plain sight.
Left-hand turns are one of the most dangerous scenarios. A driver waits to turn across traffic, sees a gap, and goes—without noticing the motorcycle already in the intersection. By the time they realize their mistake, it’s too late.
Lane changes cause just as many crashes. A driver merges without checking their blind spot. A motorcycle that was visible two seconds ago disappears from their mirror. The driver drifts over, and the rider has nowhere to go.
Then there are the road hazards that wouldn’t faze a car but can be catastrophic on two wheels. Gravel in a turn. A pothole. An uneven seam in the pavement. Oil slicks. Debris. These aren’t just inconveniences—they’re real dangers that Parker riders deal with every day, especially on roads that don’t get the maintenance they should.
Drivers also misjudge speed and distance when a motorcycle is involved. They pull out from side streets thinking they have time. They don’t. They brake suddenly, and the rider behind them can’t stop in time. They open car doors without looking. They make U-turns in the middle of traffic. They do things they would never do if they were watching for another car.
All of these scenarios come down to one thing: the other driver’s failure to operate their vehicle safely. That failure is what creates liability. And liability is what gives you the right to compensation.
Motorcycle accidents don’t leave room for minor injuries. When you’re hit, you’re going to hit the pavement, another vehicle, or something worse. There’s no airbag. No crumple zone. No seatbelt holding you in place.
Road rash can require skin grafts and leave permanent scarring. Broken bones often need surgery and months of physical therapy. Spinal cord injuries can mean paralysis. Traumatic brain injuries can change your ability to work, to think, to live independently.
Even injuries that sound less severe—like a broken wrist or collarbone—can take you out of work for weeks and leave you dealing with pain long after the bone heals.
Insurance companies know this. They know that motorcycle accident injuries tend to be serious. But they also know that jurors sometimes have sympathy limits when it comes to riders. So they’ll offer a settlement that sounds reasonable until you add up the actual cost of your medical bills, lost wages, and the impact this injury will have on the rest of your life.
That’s why it’s important to work with someone who knows how to value these cases correctly. Someone who won’t let the insurance company get away with a lowball offer just because they assume you’ll take it.
Colorado does not require adult riders to wear helmets. If you were in an accident without a helmet, that does not disqualify you from filing a claim. It does not mean you were negligent. It does not automatically reduce your settlement.
But the insurance company will try to make it mean all of those things.
They’ll argue that your head injury wouldn’t have happened if you’d been wearing a helmet. They’ll suggest that your decision not to wear one proves you’re reckless. They’ll use it as leverage to reduce what they’re willing to pay.
Here’s what the law actually says: helmet use can be considered when determining the extent of your injuries, but it does not establish fault for the accident. If the other driver ran a red light, failed to yield, or changed lanes into you, your choice not to wear a helmet does not excuse their conduct.
You still have a case. The question is how well you can defend against the arguments the insurance company will use to pay you less. That requires someone who has handled these cases before and knows exactly how to counter the helmet argument with medical evidence and expert testimony.
“I didn’t see you” is not a legal defense. It’s an admission of negligence. Every driver has a duty to watch for other vehicles, including motorcycles. If they didn’t see you, it’s because they weren’t paying attention.
But insurance companies will still try to use it as an excuse. They’ll say the rider was in a blind spot. They’ll say the bike blended into traffic. They’ll say the driver had no way of knowing you were there.
None of that changes the fact that the driver is responsible for checking before they turn, merge, or change lanes. Visibility is not an excuse for failure to yield. A blind spot is not a free pass to hit someone.
When we handle a motorcycle accident case, we go after the evidence that proves the driver should have seen you. Traffic camera footage. Dashcam video. Cell phone records that show they were distracted. Witness statements from people who watched the whole thing happen.
We also work with accident reconstruction experts who can show exactly where both vehicles were, what the driver’s sightlines were, and how much time they had to avoid the collision. Most of the time, the reconstruction proves what we already know: the driver wasn’t looking.
The “I didn’t see you” defense collapses when you put the facts in front of it. But you have to be willing to do that work. The insurance company won’t.
Colorado uses a modified comparative fault rule. That means you can still recover compensation even if you were partially at fault for the accident—as long as your share of the fault is less than 50 percent. If you’re found to be 30 percent at fault, your compensation is reduced by 30 percent. If you’re 50 percent or more at fault, you recover nothing.
This is where insurance companies focus their energy in motorcycle cases. They know they can’t always deny liability outright, so they try to inflate your share of the blame. They’ll say you were speeding. They’ll say you were weaving in and out of traffic. They’ll say you could have braked sooner.
Even if those things aren’t true, they’ll argue them. Because every percentage point they can pin on you is a percentage point they don’t have to pay.
Fighting comparative fault arguments requires building a complete picture of the accident. We use police reports, witness statements, traffic data, and expert analysis to show what actually happened—not the insurance company’s version of events.
If you were partially at fault, we’re not going to lie about it. But we’re also not going to let the insurance company assign you blame that doesn’t belong to you.
Colorado’s statute of limitations for personal injury claims is three years from the date of the accident. If you don’t file a lawsuit within that time, you lose the right to sue. There are very few exceptions.
Three years sounds like a long time. It’s not. Medical treatment takes months. Records take time to gather. Insurance negotiations can drag on. By the time you realize the insurance company isn’t offering a fair settlement, you may be closer to that deadline than you think.
Once the insurance company knows you’re running out of time, their offers get worse. They know you’re under pressure to settle. They’ll lowball you and wait.
That’s why it’s important to talk to a lawyer as soon as possible after the accident. Not because you have to file a lawsuit right away—most cases settle before that point—but because you need someone working on your case who understands how to preserve your rights and build leverage.
If you wait too long, evidence disappears. Witnesses move. Surveillance footage gets deleted. And your legal options shrink.
Compensation in a motorcycle accident case covers both economic and non-economic damages. Economic damages are the things you can calculate: medical bills, lost wages, future treatment costs, property damage, out-of-pocket expenses. Non-economic damages include pain and suffering, loss of quality of life, scarring, and emotional distress.
If your injury is permanent, you may also recover compensation for future lost earning capacity and the cost of ongoing care. If your ability to work has been affected, that calculation matters more than anything else.
Insurance companies focus on your current medical bills because those are easy to quantify. They don’t want to talk about what your life looks like five years from now, or ten, or twenty. They want to settle your case today for a number that doesn’t account for the long-term impact of your injuries.
That’s why it’s critical to have a lawyer who knows how to value a case correctly. Someone who works with medical experts, vocational experts, and economists who can document the full cost of what you’ve lost.
Settlements are final. Once you sign, you can’t go back and ask for more money when your medical bills pile up or when you realize you can’t do the job you used to do. You get one chance to get this right.
Not every personal injury lawyer understands motorcycle accident cases. They know car accidents. They know slip and falls. But they don’t know how to handle the specific challenges that come with representing riders.
They don’t know how to counter the anti-rider bias. They don’t know which experts to call when the insurance company blames you for the accident. They don’t know how to present a case in a way that makes a jury see you as a person, not a statistic.
At McCormick & Murphy, P.C., we handle motorcycle accident cases in Parker and across Colorado. We know how these cases work because we’ve litigated them. We know the arguments the insurance company will use because we’ve heard them all before. And we know how to fight back.
We represent people, not files. If you were hurt in a motorcycle accident and someone is trying to convince you that you don’t have a case—or that your case isn’t worth what you think it is—call us at 888-668-1182 and talk to someone who knows the difference between an excuse and the law.
Call 911 to report the accident and get medical help, even if you don’t think you’re seriously injured. Move to a safe location if you can. Take photos of the scene, the vehicles, your injuries, and any road hazards. Get the other driver’s insurance information and contact details for any witnesses. Do not apologize or admit fault. See a doctor as soon as possible—some injuries aren’t immediately obvious, and a medical record that starts the day of the accident is critical for your claim. Then call a lawyer before you talk to any insurance company, including your own.
Yes. Colorado does not require adult riders to wear helmets, and the absence of a helmet does not prevent you from filing a claim. The insurance company may argue that your injuries would have been less severe if you had worn a helmet, and they may try to reduce your compensation based on that argument. But helmet use does not establish fault for the accident. If the other driver caused the crash, you still have the right to pursue compensation. A lawyer can help you counter the insurance company’s arguments and protect the full value of your claim.
Colorado’s statute of limitations for personal injury claims is three years from the date of the accident. If you do not file a lawsuit within that time, you lose your right to sue. While most cases settle before going to trial, waiting too long to start the process can weaken your case as evidence disappears and witnesses become harder to locate. It’s important to talk to a lawyer soon after the accident so that your rights are protected and your claim is built on solid evidence.
“I didn’t see you” is not a legal defense. Every driver has a duty to watch for other vehicles, including motorcycles. If they didn’t see you, it’s because they failed to check their blind spot, look before turning, or pay attention to traffic. We use traffic camera footage, witness testimony, accident reconstruction, and cell phone records to show that the driver should have seen you and that their failure to do so caused the crash. The insurance company will try to use this excuse to reduce liability, but the evidence usually tells a different story.
Motorcycle accident cases face more bias from insurance companies, investigators, and sometimes juries. Insurers assume riders take unnecessary risks and often try to assign fault to the motorcyclist even when the other driver was clearly at fault. Injuries in motorcycle accidents also tend to be more severe because riders lack the protection of a vehicle’s frame, airbags, and seatbelts. These cases require a lawyer who knows how to counter anti-rider bias, fight comparative fault arguments, and accurately value claims that involve serious, long-term injuries.
Yes, as long as you were less than 50 percent at fault. Colorado uses a modified comparative fault rule, which means your compensation is reduced by your percentage of fault. If you are found to be 30 percent at fault, you recover 70 percent of the total damages. If you are 50 percent or more at fault, you recover nothing. Insurance companies will try to inflate your share of the blame to reduce what they have to pay. A lawyer can fight those arguments with evidence that shows what actually happened and prevents the insurer from assigning you fault that doesn’t belong to you.
You can recover both economic and non-economic damages. Economic damages include medical bills, future medical costs, lost wages, lost earning capacity, property damage, and out-of-pocket expenses. Non-economic damages include pain and suffering, emotional distress, loss of quality of life, scarring, and disfigurement. If your injury is permanent, you may also recover compensation for the long-term impact on your ability to work and live independently. The full value of your claim depends on the severity of your injuries, the strength of the evidence, and how well your lawyer can counter the insurance company’s attempts to minimize your damages.
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