El Paso County · Rider fault and comparative negligence
Old Colorado City Motorcycle Rider Fault Lawyers
Old Colorado City motorcycle rider fault lawyers for riders hurt in Old Colorado City. Free consultation. No fee unless we recover for you.
When the Insurer Says the Rider Was at Fault
McCormick & Murphy are Old Colorado City motorcycle rider fault lawyers for riders blamed for speed, lane position, or not being seen. We file in El Paso County Combined Courts.
After almost any motorcycle crash, the insurance company looks for a reason to blame the rider. On the streets around Old Colorado City, that usually means claims about speed on Colorado Avenue, lane position near U.S. Highway 24, or an argument that the rider wasn't visible to other drivers. These are arguments the adjuster is trained to raise, not established facts.
Colorado law allows fault to be shared between a rider and a driver. Under C.R.S. § 13‑21‑111, any recovery is reduced by the rider's own percentage of negligence, and recovery is barred if the rider's negligence is equal to or greater than the negligence of the person they're seeking recovery from. That means how fault gets allocated has a direct effect on what a rider can recover, which is exactly why insurers push hard on this point early.
We treat every fault argument the insurer raises as something to investigate, not something to accept. A claim of speeding or poor lane position has to be tested against the actual evidence from the scene, not just repeated because it appears in a report or an adjuster's notes.
Testing the Insurer's Fault Story With Real Evidence
The police crash report is a starting point, not the final word on fault. Officers responding to a crash near 21st Street or 25th Street often write down what a driver told them without fully accounting for how motorcycles move through traffic, brake, or become visible at intersections. Physical evidence, skid marks, debris fields, and vehicle damage patterns can tell a different story than the narrative in the report.
Video from nearby businesses, dash cams, and witness accounts from people who were on Colorado Avenue or near Manitou Springs at the time can also contradict a driver's version of events. We look for this evidence before it disappears, because it's often the difference between an insurer's fault argument standing unchallenged and being disproven with facts.
- Photograph the bike, the road surface, and skid marks before anything is moved
- Get contact information for anyone who saw the crash happen
- Ask nearby businesses whether their cameras cover the crash location
- Avoid agreeing to any fault percentage before an investigation is done
- Keep records of your route, speed, and gear at the time of the crash
Fault Disputes Near Old Colorado City
Old Colorado City sits along a stretch of roadway where local traffic on Colorado Avenue mixes with faster through-traffic near U.S. Highway 24. That mix creates exactly the kind of scene where insurers try to shift blame onto a motorcyclist for supposedly not being seen or moving too fast for conditions. Riders passing through on their way toward 21st Street, 25th Street, or Manitou Springs are frequently the ones facing these arguments after a crash.
Claims arising from crashes here are handled through the El Paso County Combined Courts, and injured riders are often treated at UCHealth Memorial Hospital Central. We work from our office at 929 W Colorado Ave to gather evidence quickly, before witness memories fade and video gets overwritten.
What's at Stake When Fault Is Disputed
- Medical expenses tied to the crash
- Lost income from time away from work
- Property damage to the motorcycle and gear
- Pain and suffering from the injuries sustained
- Reduced recovery if shared fault is found to apply
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Old Colorado City — and read client testimonials.
A passenger suffered traumatic brain, neck, and back injuries in a Colorado Springs intersection collision. After the carrier refused a fair number, a jury awarded $295,000 including interest and costs.
El Paso County jury verdict
Prior results do not guarantee a similar outcome. Every case depends on its facts, coverage, venue, and evidence.
Old Colorado City Motorcycle Rider Fault Lawyers FAQ
Do I need Old Colorado City motorcycle rider fault lawyers after a crash?
Call Old Colorado City motorcycle rider fault lawyers when you were hurt, fault is disputed, or an insurer delays, denies, or offers less than the medical bills. The nearest office is at 929 W Colorado Ave, Colorado Springs, CO 80905.
What happens if the insurer says I was speeding?
That claim has to be backed by real evidence, not just an adjuster's assumption. We look at skid marks, witness statements, and any available video to see whether the speed claim actually holds up. A speeding allegation alone doesn't decide the outcome of your claim.
Can I still recover if I was partly at fault?
Under Colorado's comparative negligence law, you can still recover as long as your share of fault isn't equal to or greater than the other party's. Your recovery gets reduced by your percentage of fault, so the exact split matters. Our comparative-negligence guide explains how this rule works in more detail.
Does the police report decide who was at fault?
No. The report is one piece of evidence, but it isn't the final determination of fault. Officers don't always have full visibility into how a crash happened, especially involving a motorcycle, and physical evidence can tell a different story.
What if the insurer claims I wasn't visible to the other driver?
Visibility arguments are common but need to be checked against the actual road conditions, lighting, and positioning at the time of the crash. Witness accounts and video can either support or contradict that claim. We don't let an unverified visibility argument go unchallenged.
How do I protect myself against a fault argument right after a crash?
Document the scene as thoroughly as you can, including the road, your bike, and any visible skid marks or debris. Get names and contact information for witnesses before they leave. Avoid agreeing to any fault percentage with an adjuster before you've spoken with an attorney.
Discuss a Old Colorado City motorcycle crash
Free consultation. No attorney fee unless we recover for you.