You were following the rules. You were riding defensively. And someone still hit you.
Now you’re hurt, your bike is destroyed, and the insurance adjuster is already asking whether you were speeding, whether you were wearing proper gear, whether you should have been in that lane at all. They’re looking for a reason to blame you — because the moment they can pin even part of this accident on you, they pay less.
If you ride, you already know this. The assumption that the motorcycle is always at fault didn’t start with the insurance company. It started the moment you threw your leg over the seat. But knowing the bias exists doesn’t make it any less dangerous to your claim.
At McCormick & Murphy, P.C., we represent riders in Littleton and across the Denver metro area. We know how these cases work. We know how insurance companies treat motorcycle accident claims differently. And we know what it takes to prove what actually happened — not what someone assumes happened because you were on two wheels instead of four.
A motorcycle accident is not just a car accident on a smaller vehicle. The physics are different. The injuries are different. The way the case gets investigated is different. And the way the other side fights it is absolutely different.
When two cars collide, the assumption is usually neutral. Fault gets determined by the facts — who had the right of way, who was speeding, who violated a traffic law. But when a car hits a motorcycle, there’s an assumption baked in before anyone even looks at the evidence: the rider must have been driving recklessly. The rider must have been weaving. The rider must have been going too fast.
That bias shows up everywhere. It shows up in the police report when the officer asks you what you did wrong before asking what the other driver did. It shows up in the insurance adjuster’s voice when they ask whether you “came out of nowhere.” It shows up in the settlement offer that treats your totaled bike and your broken bones like a minor fender bender.
We take that bias head-on. We reconstruct what happened using traffic camera footage, witness statements, helmet camera video if you have it, and expert analysis of the crash dynamics. We prove that the other driver failed to yield, changed lanes without looking, turned left across your path, opened a door into traffic, or simply wasn’t paying attention. We make them defend their actions instead of making you defend your choice to ride.
Most motorcycle accidents happen because a driver in a car or truck didn’t see the rider. Not because the rider was invisible. Because the driver wasn’t looking.
The most common scenarios we see include left-turn collisions where a driver turns in front of an oncoming motorcycle, claiming they never saw it. Lane-change accidents where a car merges into a motorcycle in the next lane. Rear-end collisions at stoplights or in traffic. And right-hook crashes where a car passes a motorcycle and then immediately turns right, cutting across the rider’s path.
Road hazards cause crashes too — gravel in a curve, an unmarked pothole, a slick patch of oil, uneven pavement at a construction zone. Riders have to react to conditions that wouldn’t even register for someone in a car. When a hazard causes a crash, liability can fall on the city, the county, or the contractor responsible for maintaining that stretch of road.
We also handle cases involving defective motorcycle parts, tire blowouts, and brake failures. If a mechanical failure caused or contributed to your crash, the manufacturer may be liable.
Motorcycles don’t have airbags. They don’t have crumple zones. They don’t have seatbelts. When you get hit, your body absorbs the impact.
The injuries we see in motorcycle cases are severe. Road rash that requires skin grafts. Broken bones that need surgery and months of physical therapy. Traumatic brain injuries even when a helmet was worn. Spinal cord damage. Internal injuries. Amputations.
These injuries don’t heal in six weeks. They change your life. They affect your ability to work, to ride again, to do the things you did before. The compensation you’re entitled to has to reflect that reality — not the number the insurance company pulled out of the air based on what they think a motorcyclist’s claim is worth.
We work with medical experts who understand motorcycle injuries. We document every surgery, every therapy session, every day you couldn’t work, every modification you had to make to your home or your vehicle. We calculate what your injury will cost you over your lifetime, not just what it cost in the first month.
Colorado does not require riders over 18 to wear a helmet. That’s the law. But insurance companies will still try to use your decision not to wear one against you.
Here’s what matters: if you were hit by a negligent driver, you have a claim. Period. Whether you were wearing a helmet affects only one narrow question — whether your head injury would have been less severe if you had been wearing one. It does not affect liability. It does not mean the crash was your fault. It does not give the other driver a free pass.
If you weren’t wearing a helmet and you suffered a head injury, the insurance company may argue that some portion of your damages should be reduced. That’s a fight we know how to have. We bring in experts who testify about what a helmet can and cannot prevent. Many serious head injuries happen even with a helmet. And many motorcycle crashes result in injuries that have nothing to do with your head.
If you were wearing a helmet, we make sure that fact is front and center in your claim. You did everything right. The other driver is the one who caused this crash.
If you’re able to, get out of the roadway. Call 911. Even if you feel okay, let the paramedics check you out. Adrenaline masks pain. Injuries that don’t hurt at the scene can be serious.
If you can, take photos. The damage to your bike. The damage to the other vehicle. The road conditions. Skid marks. Your gear. Your injuries. Everything. Insurance adjusters will claim things looked different than they did. Photos are evidence they can’t argue with.
Get the other driver’s information — name, insurance company, policy number, license plate. Get contact information for any witnesses. If someone stopped to help or saw what happened, get their phone number.
Don’t apologize. Don’t say it was your fault. Don’t speculate about what you could have done differently. You’re shaken. You’re hurt. Anything you say will show up in the police report and the insurance file, and it will be used against you.
See a doctor as soon as possible, even if the paramedics cleared you at the scene. Some injuries don’t show symptoms right away. A gap between the crash and your first medical visit gives the insurance company room to argue that your injuries weren’t that serious or that something else caused them.
Don’t give a recorded statement to the other driver’s insurance company. They will call. They will sound friendly. They will say they just need to hear your side. What they’re doing is locking you into a version of events before you’ve had time to process what happened, before you know the extent of your injuries, and before you’ve talked to a lawyer. You are not required to give them a statement. Politely decline and call us.
Colorado gives you three years from the date of the accident to file a personal injury lawsuit. That sounds like a long time. It isn’t.
Evidence disappears. Witnesses forget. Surveillance footage gets deleted. The insurance company starts building its defense the day of the crash. If you wait months to talk to a lawyer, you’re starting behind.
The other reason time matters is that insurance companies know the deadline too. If you’re close to the three-year mark and you haven’t filed a lawsuit, they know you’re running out of leverage. Settlement offers get worse, not better.
There are exceptions to the three-year rule. If the crash involved a government vehicle or a city-owned road hazard, you may have as little as 180 days to file a notice of claim. If you don’t meet that deadline, you lose your right to sue. These deadlines are strict. Courts don’t make exceptions because you didn’t know.
A motorcycle accident claim can recover compensation for every way the crash has affected your life. That includes your medical bills — emergency room, surgery, hospital stays, physical therapy, prescriptions, medical equipment, and future treatment you’ll need.
It includes your lost income if you missed work while recovering, and your lost earning capacity if your injuries prevent you from doing your job the way you did before. If you’re a tradesman and you can’t lift anymore, that’s a loss. If you’re a delivery rider and you can’t ride anymore, that’s a loss. Compensation has to account for the income you won’t earn over the rest of your career.
It includes property damage — the cost to repair or replace your motorcycle and your gear.
And it includes your pain and suffering. The physical pain you’ve endured and will continue to endure. The emotional trauma of the crash. The loss of enjoyment of life if you can’t do the things that mattered to you. The scars. The permanent limitations.
If the other driver was drunk, high, or driving recklessly, you may be entitled to punitive damages on top of your compensatory damages. Punitive damages are meant to punish the defendant and deter others from similar conduct. Colorado caps punitive damages in most cases, but they can still add substantial value to your claim.
The most common thing we hear from the other driver is “I didn’t see the motorcycle.” They say it to the police. They say it to their insurance company. They’ll say it in court if the case goes to trial.
Here’s the problem with that defense: not seeing you doesn’t mean they’re not at fault. It usually means they weren’t looking.
Drivers have a 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 glanced instead of looking, because they were distracted, because they were in a hurry, or because they only looked for cars and not for anything smaller.
Motorcycles are smaller than cars, but they’re not invisible. They have headlights. They’re required to ride in a lane, not between lanes. They follow the same traffic laws. A driver who says “I didn’t see you” is admitting they failed to keep a proper lookout.
We prove that they should have seen you. We use the facts of the crash — your position in the lane, the lighting conditions, the weather, the speed you were traveling, how long you were in their line of sight before impact. We show that a driver exercising reasonable care would have seen you and would have yielded.
Not every personal injury lawyer understands motorcycles. They treat a motorcycle crash like a car crash with different vehicles. They don’t push back when the insurance company tries to blame the rider. They accept a low settlement because they don’t know what the case is actually worth.
Motorcycle cases require lawyers who know how bikes handle, how riders think, and how crashes happen. Who know that a rider in the left tire track of the lane isn’t “swerving” — they’re positioning themselves to be seen and to avoid road debris. Who know that engine braking is a thing and that a bike doesn’t always leave skid marks even when the rider was trying to stop. Who know what gear costs, what bikes are worth, and what it takes to rebuild after a crash.
We’ve handled motorcycle accident cases throughout Littleton, Englewood, Highlands Ranch, Centennial, and across the Denver metro area. We know the roads. We know the local courts. And we know how to fight for riders.
McCormick & Murphy, P.C. represents clients throughout the Denver metro area, including Littleton, Wheat Ridge, Lakewood, Arvada, Westminster, Thornton, Northglenn, Commerce City, Aurora, Englewood, 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.
If your crash happened in or around Littleton, we can meet you close to home. If you’re recovering from injuries and travel is difficult, we’ll come to you.
You have the same right to the road as anyone else. You have the same right to compensation when someone else’s negligence injures you. The fact that you were on a motorcycle instead of in a car doesn’t change that.
The insurance company will try to make it seem like it does. They’ll imply that riders assume the risk. That crashes are just part of riding. That you knew what you were getting into.
That’s not the law. The law says that if another driver caused the crash, they’re liable for your damages. All of them.
If you’ve been hurt in a motorcycle accident in Littleton, call McCormick & Murphy, P.C. at 888-668-1182. We’ll review your case, explain your options, and fight to get you the compensation you’re owed. No bias. No excuses. Just the facts and the law.
No. Fault in a motorcycle accident is determined by the same legal standards that apply to any traffic collision — who violated a traffic law, who had the right of way, and who acted negligently. However, bias against riders is real, and insurance companies often start with the assumption that the motorcyclist was at fault. That’s why it’s critical to work with a lawyer who knows how to investigate motorcycle crashes, gather evidence that proves what actually happened, and push back against unfair assumptions. You are not automatically at fault simply because you were riding a motorcycle.
Colorado does not require riders over the age of 18 to wear a helmet. If you were not wearing a helmet, it does not affect who was at fault for the accident. However, if you suffered a head injury, the insurance company may argue that your injuries would have been less severe if you had been wearing one, and they may try to reduce your compensation accordingly. Whether that argument succeeds depends on the nature of your injury and expert testimony about what a helmet could have prevented. Many head injuries occur even with a helmet, and many motorcycle crashes result in injuries unrelated to head trauma.
If you’re able, move out of traffic to a safe location and call 911. Accept medical evaluation from paramedics even if you think you’re okay — adrenaline can mask serious injuries. Take photos of the crash scene, all vehicles involved, your injuries, your gear, and any road conditions that contributed to the crash. Collect contact and insurance information from the other driver and contact information from any witnesses. Do not admit fault, apologize, or give a recorded statement to the other driver’s insurance company. Seek medical attention as soon as possible even if you were cleared at the scene. Then call a motorcycle accident lawyer before you talk to any insurance adjuster.
Colorado’s statute of limitations gives you three years from the date of the accident to file a personal injury lawsuit. However, if your case involves a government entity — such as a crash caused by a road hazard on a city street or a collision with a government vehicle — you may have as little as 180 days to file a notice of claim. These deadlines are strict, and missing them means losing your right to compensation. Even though three years may sound like plenty of time, evidence disappears, witnesses’ memories fade, and insurance companies use delay against you. It’s best to talk to a lawyer as soon as possible after your crash.
You can recover compensation for all medical expenses related to your injuries, including emergency care, surgery, hospitalization, physical therapy, prescription medications, medical equipment, and future treatment. You can recover lost wages for time you missed from work and lost earning capacity if your injuries prevent you from returning to your job or limit your ability to earn income in the future. You can recover the cost to repair or replace your motorcycle and gear. And you can recover damages for pain and suffering, emotional distress, scarring, permanent disability, and loss of enjoyment of life. In cases involving egregious conduct such as drunk driving, you may also be entitled to punitive damages.
Motorcycle accident cases face unique challenges that car accident cases typically don’t. There is often an assumption — by police, insurance adjusters, and even juries — that the motorcyclist was driving recklessly or was somehow at fault. Injuries in motorcycle crashes tend to be more severe because riders lack the protection of a vehicle frame, airbags, and seatbelts. Insurance companies fight motorcycle claims harder and offer lower settlements. The crash reconstruction is more complex because motorcycle dynamics are different from cars. Proving your case requires a lawyer who understands these differences and knows how to counter bias, document the true severity of motorcycle injuries, and demonstrate exactly how the crash happened.
Saying “I didn’t see you” is not a legal defense. Drivers have a duty to keep a proper lookout for all vehicles on the road, including motorcycles, before turning, changing lanes, or merging. If a driver failed to see you, it usually means they weren’t looking carefully enough, were distracted, or only checked for larger vehicles. Motorcycles are smaller than cars, but they are not invisible — they have headlights, they occupy a full lane, and they follow the same traffic laws. We prove that a reasonably careful driver would have seen you by analyzing your position, the lighting and weather conditions, how long you were visible before impact, and the other driver’s actions leading up to the crash.
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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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