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You were riding legally. Following traffic laws. Wearing your gear. And someone still hit you.
Now you’re dealing with injuries, medical bills, and an insurance adjuster who keeps hinting that maybe you were going too fast. Maybe you weren’t visible enough. Maybe this is just what happens when you ride a motorcycle.
The bias is real. So is your right to compensation.
At McCormick & Murphy, we represent motorcyclists in Colorado Springs who have been injured because another driver failed to pay attention, misjudged distance, or simply didn’t look twice. We know how these cases work. We know what adjusters say to minimize your claim. And we know how to push back.
Call 719-389-0400 to speak with a motorcycle accident lawyer who rides and understands what you’re up against.
When a car hits another car, nobody asks if the driver should have been driving. But when a car hits a motorcycle, suddenly everyone wants to know if you were lane splitting, riding aggressively, or wearing the right gear.
The assumption is often that the rider did something wrong. That assumption shows up in police reports, witness statements, and insurance company evaluations. It’s not fair. But it’s the reality we fight against in every motorcycle crash case.
Motorcycle accident cases also differ because of the severity of injuries. Without the protective shell of a vehicle, riders absorb the full force of the impact. Road rash, broken bones, traumatic brain injuries, spinal cord damage—these aren’t minor injuries. They require aggressive legal representation that matches the seriousness of what happened to you.
The physics matter too. Motorcycles are smaller and lighter. They stop differently. They accelerate differently. A driver who misjudges your speed or fails to see you isn’t making an understandable mistake—they’re being negligent. Our job is to prove that.
Most motorcycle crashes happen because a driver in a car, truck, or SUV failed to do something basic. They didn’t check their blind spot. They didn’t yield at an intersection. They changed lanes without signaling. They turned left across your path.
Failure to yield is one of the most common causes. A driver sees you coming but misjudges your speed or doesn’t think you’re close enough to matter. By the time they realize they were wrong, it’s too late.
Left-turn collisions are especially deadly. A driver waits at an intersection, sees you approaching, and decides they have time to turn. They don’t. You end up hitting the side of their vehicle or getting thrown from your bike trying to avoid the crash.
Blind spot accidents happen when a driver merges or changes lanes without looking. Motorcycles occupy less space on the road, which means we’re easier to miss if a driver isn’t paying full attention. That’s not your fault. That’s their failure to operate their vehicle safely.
Lane changes without signaling put riders at risk every day. You’re riding in your lane, maintaining speed, following the rules. A car drifts over. No warning. No signal. Suddenly you’re swerving, braking, or down on the pavement.
Road hazards matter more to motorcyclists. Gravel in a turn. Potholes. Uneven pavement. Oil slicks. What a car drives over without noticing can send a motorcycle into a slide. If a government entity failed to maintain the road or a construction company left debris, that can be part of your claim.
Colorado does not require adult riders to wear helmets. If you were riding without one and got hit, 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, so they shouldn’t have to pay for all of your medical bills.
That argument doesn’t hold up the way they want it to. Colorado law is clear: your decision not to wear a helmet does not make you at fault for the accident. It does not mean you were riding recklessly. And it does not automatically reduce your compensation.
The key question is whether the helmet would have prevented the specific injuries you sustained. If you suffered a broken leg, crushed pelvis, or road rash, a helmet wouldn’t have made a difference. If you sustained a head injury, the defense may try to argue comparative fault. Even then, you can still recover compensation.
We’ve handled claims where riders weren’t wearing helmets. We know how to challenge the arguments insurance companies make. Your decision about protective gear is a separate issue from the other driver’s decision to hit you.
Motorcycle accidents cause injuries that car accidents don’t. Road rash isn’t just a scrape. It’s layers of skin torn away, embedded debris, nerve damage, and a recovery that involves wound care, skin grafts, and permanent scarring.
Broken bones from a motorcycle crash are often compound fractures—bone through skin—requiring surgery, rods, plates, and months of physical therapy. A broken femur. Shattered pelvis. Crushed ankle. These aren’t injuries you recover from in six weeks.
Traumatic brain injuries happen even with a helmet. The force of impact, the sudden stop, the collision with the pavement—all of it can cause bleeding, swelling, or bruising in the brain. Symptoms don’t always show up immediately. Confusion, memory loss, headaches, mood changes—these can appear days later.
Spinal cord injuries can mean permanent paralysis. Loss of sensation. Loss of motor function. A life that looks completely different than it did before someone failed to check their mirrors.
Internal injuries are common because there’s no crumple zone. Your body absorbs the impact. Ruptured spleen. Lacerated liver. Internal bleeding that doesn’t become obvious until you’re in shock.
These injuries require compensation that reflects the full scope of what happened. Medical bills are just the start. You need coverage for future treatment, lost wages, diminished earning capacity, pain and suffering, and the permanent changes to your quality of life.
Police officers sometimes write reports that assume the motorcyclist was speeding or riding aggressively. Witnesses say things like “the motorcycle came out of nowhere” because they weren’t looking for a bike. Insurance adjusters use phrases like “shared fault” when they mean “we don’t want to pay.”
Beating that bias requires evidence. We reconstruct the accident using skid marks, debris patterns, and damage to both vehicles. We obtain traffic camera footage, dashcam video, and surveillance recordings from nearby businesses. We hire accident reconstruction experts who can explain sight lines, reaction times, and stopping distances to an insurance company or jury.
We also challenge witness statements. “I didn’t see the motorcycle” is an admission of negligence, not a defense. Drivers have a duty to look. If they didn’t see you, that’s because they failed to check properly.
We review the police report line by line. If the officer made conclusions not supported by the physical evidence, we push back. If they cited you for a violation you didn’t commit, we fight it. The report is not the final word on what happened.
Colorado follows a modified comparative fault rule. That means you can recover compensation even if you were partially at fault for the accident—as long as you were not more than 50% responsible.
If you’re found 20% at fault, your compensation is reduced by 20%. If you’re found 51% at fault, you get nothing.
Insurance companies know this. That’s why they work so hard to shift blame onto the motorcyclist. If they can argue you were speeding, following too closely, or weaving between lanes, they reduce what they owe or eliminate their liability entirely.
We fight comparative fault arguments by focusing on what the other driver did wrong. They turned without looking. They changed lanes without signaling. They pulled out in front of you. Those actions caused the crash. Even if you were going five miles over the speed limit, that doesn’t give another driver the right to hit you.
Compensation in a motorcycle accident case includes your medical bills—past and future. Emergency room treatment, surgery, hospital stays, physical therapy, prescription medications, medical equipment, and any ongoing care you’ll need for the rest of your life.
Lost wages cover the time you missed from work while recovering. If you’re unable to return to your job because of your injuries, you can recover compensation for diminished earning capacity—the difference between what you used to make and what you’re able to earn now.
Pain and suffering accounts for the physical pain, emotional trauma, and loss of enjoyment of life you’ve experienced. The fear you felt during the crash. The frustration of a long recovery. The permanence of scars, disability, or chronic pain.
Property damage includes repairs to your motorcycle or the fair market value if it was totaled. It also includes damaged riding gear, helmets, and any personal property that was destroyed in the crash.
In cases involving catastrophic injury or death, the damages can include loss of consortium, loss of companionship, and the economic and emotional impact on your family.
Colorado law gives you three years from the date of the accident to file a personal injury lawsuit. Miss that deadline and you lose your right to recover compensation, no matter how strong your case is.
Three years might sound like a long time. It’s not. Evidence disappears. Witnesses move or forget details. Surveillance footage gets recorded over. Insurance companies delay, hoping you’ll run out of time.
The sooner you contact a lawyer, the sooner we can preserve evidence, identify witnesses, and begin building your case. Waiting until year two or year three puts you at a disadvantage.
If the accident involved a government vehicle or poorly maintained road, the timeline is even shorter. Claims against government entities in Colorado require notice within 180 days. That’s six months, not three years. Missing that notice requirement can kill your case before it starts.
Insurance adjusters are trained to minimize payouts. They’ll call you while you’re still in the hospital, acting friendly and concerned. They’ll ask for a recorded statement. They’ll offer a quick settlement that sounds reasonable until you realize it doesn’t cover half of your medical bills.
Everything you say to an adjuster can be used to reduce or deny your claim. If you admit you didn’t see the other car, they’ll argue you were inattentive. If you say you feel okay, they’ll claim your injuries aren’t serious. If you accept their first offer, you give up your right to come back later when you realize how much your injuries actually cost.
We deal with insurance companies so you don’t have to. We handle the calls, the paperwork, and the negotiations. We know what your claim is worth, and we don’t settle for less.
If the insurance company won’t offer fair compensation, we file a lawsuit. Most cases settle before trial, but the willingness to take a case to court changes the negotiation. Insurance companies pay attention when they know you have a lawyer who isn’t afraid to let a jury decide.
If you can, move to a safe location away from traffic. Call 911 even if you think your injuries are minor. Adrenaline masks pain. You might have injuries you don’t feel yet.
Let the paramedics evaluate you. If they recommend going to the hospital, go. Insurance companies use gaps in medical treatment to argue your injuries weren’t serious.
Get the other driver’s name, insurance information, license plate number, and contact details. Take photos of both vehicles, the road, traffic signs, skid marks, debris, and your injuries. If there are witnesses, get their names and phone numbers.
Do not apologize or admit fault. You don’t know yet what happened. Let the evidence speak.
Report the accident to your insurance company, but keep your statement brief. Tell them the accident happened, where it happened, and that you’re seeking medical treatment. You are not required to give a recorded statement to the other driver’s insurance company. Don’t.
Keep records of everything. Medical bills, prescriptions, pay stubs showing lost wages, repair estimates, and photos of your injuries as they heal. This documentation becomes evidence.
Contact McCormick & Murphy before you talk to the other driver’s insurance company. Call 719-389-0400. The consultation is free. Once we’re representing you, the insurance company has to deal with us, not you.
We represent injured motorcyclists in Colorado Springs, Briargate, Gleneagle, Falcon, Manitou Springs, Security-Widefield, Fort Carson, and throughout El Paso County. Whether you were hit on Powers Boulevard, Academy, I-25, or a county road, we know the area and we know how to build a case that works here.
Local knowledge matters. We know which intersections are dangerous. We know how road conditions change with weather and season. We know the local courts, the judges, and what it takes to win.
If you were injured in a motorcycle accident anywhere in the Colorado Springs area, you have rights. You deserve compensation. And you don’t have to fight for it alone.
Kirk McCormick and Jay Murphy have built their practice on taking cases other lawyers turn away and winning results that matter. They don’t handle every type of case that walks through the door. They focus on personal injury because that’s where they do their best work.
When you call McCormick & Murphy, you talk to a lawyer, not a paralegal or intake specialist. You get honest answers about your case, not a sales pitch. If we take your case, it’s because we believe in it.
We’re located at 929 W Colorado Ave in Colorado Springs, and we’re available when you need us. Call 719-389-0400 or visit mccormickmurphy.com to get started.
You didn’t ask to be here. But now that you are, you have choices. You can accept what the insurance company offers, or you can fight for what you’re owed. We can help.
Move to safety if possible and call 911. Get medical attention even if you feel fine—adrenaline can mask injuries. Take photos of the vehicles, road conditions, and your injuries. Collect contact and insurance information from the other driver and any witnesses. Do not admit fault or apologize. Report the accident to your insurance company but give only basic facts. Contact McCormick & Murphy at 719-389-0400 before giving a statement to the other driver’s insurance company.
Yes. Colorado does not require adult motorcyclists to wear helmets, and your choice not to wear one does not make you at fault for the accident. Insurance companies may try to argue that a helmet would have reduced your injuries, but that argument only applies to specific head injuries—not broken bones, road rash, or internal injuries. Even if comparative fault applies, you can still recover compensation as long as you were not more than 50% responsible for the crash.
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 or a poorly maintained road, you may have as little as 180 days to provide notice of your claim. Waiting too long puts your case at risk. Contact McCormick & Murphy as soon as possible so we can preserve evidence and protect your rights.
“I didn’t see the motorcycle” is an admission of negligence, not a defense. Drivers have a legal duty to look for all vehicles, including motorcycles, before turning, merging, or changing lanes. If they failed to see you, it’s because they weren’t paying proper attention. We use accident reconstruction, traffic camera footage, and witness testimony to prove the other driver’s failure to look caused your crash.
Motorcycle accident cases face built-in bias. Insurance companies, police officers, and even witnesses often assume the rider was at fault. The injuries are also more severe—road rash, broken bones, traumatic brain injuries, and spinal cord damage are common because riders lack the protection of a vehicle. We fight harder in motorcycle cases because we’re up against assumptions that don’t apply in car-versus-car crashes. The evidence has to be stronger, and the legal strategy has to account for that bias.
Yes, as long as you were not more than 50% responsible for the accident. Colorado follows a modified comparative fault rule. If you’re found 20% at fault, your compensation is reduced by 20%. If you’re 51% at fault or more, you recover nothing. Insurance companies routinely inflate your percentage of fault to reduce what they owe. We challenge those arguments by focusing on what the other driver did wrong and using evidence to prove their actions caused the crash.
You can recover compensation for medical bills, both past and future, including emergency care, surgery, hospitalization, physical therapy, and long-term treatment. You can also recover lost wages and diminished earning capacity if your injuries prevent you from returning to work. Pain and suffering, emotional trauma, and loss of quality of life are compensable. Property damage includes repairs or replacement of your motorcycle and gear. In catastrophic injury or wrongful death cases, damages may include loss of consortium and the impact on your family.
The aftermath of a motorcycle crash can be devastating, especially when facing severe injuries. If you or a loved one has been involved in a motorcycle accident in Colorado Springs, experienced legal representation is crucial. At McCormick & Murphy P.C., our dedicated motorcycle accident attorneys will guide you through the complex claims process and fight for maximum compensation under Colorado law. We understand the unique challenges motorcycle riders face on the road and in dealing with insurance companies. Contact us today for a free, no-obligation consultation at 719-389-0400.
Colorado Springs offers beautiful scenery and excellent riding conditions for motorcyclists. While motorcycles provide eco-friendly transportation that’s less expensive to operate and maintain than cars, they also come with significant risks.
Unfortunately, many drivers fail to properly look for motorcyclists or give them the same respect as other vehicles. Some motorists even intentionally engage in aggressive behavior toward riders. These dangerous actions often lead to serious accidents where motorcyclists suffer the most severe injuries due to their lack of protection.
The physical trauma from motorcycle accidents can be life-altering and financially devastating. Medical expenses, lost wages, pain and suffering, and long-term care needs create overwhelming burdens for victims and their families.
If you’ve been injured in a motorcycle collision in Colorado Springs, the experienced personal injury attorneys at McCormick & Murphy will advocate vigorously for your rights. With decades of combined experience handling motorcycle accident cases, we understand the unique legal and medical challenges these cases present. Contact our motorcycle injury firm today at 719-389-0400 for a comprehensive case evaluation.
Drivers often attempt to blame motorcyclists after a collision, but research shows most motorcycle accidents result from driver negligence. Understanding the common accident scenarios can help establish liability in your case.
The most prevalent types of motorcycle accidents in Colorado Springs include:
Doorings occur when occupants of parked vehicles suddenly open their door into the path of an approaching motorcyclist. The rider may collide with the door and be thrown from their bike, resulting in serious injuries including broken bones, road rash, concussions, or spinal injuries.
These accidents happen when drivers pass motorcyclists without providing sufficient space. The vehicle strikes the side of the motorcycle, potentially forcing the rider off the road or causing them to lose control, leading to serious injuries or fatalities.
Distracted or inattentive drivers may fail to notice motorcyclists stopped in traffic. Without adequate stopping distance, vehicles rear-end motorcycles, often ejecting the rider forward. These crashes frequently cause neck injuries, traumatic brain injuries, and spinal cord damage.
One of the most dangerous scenarios occurs when drivers make left turns at intersections without yielding right-of-way to oncoming motorcyclists. These T-bone collisions often result in catastrophic injuries or wrongful death due to the direct impact on the rider.
Excessive speed is a contributing factor in many motorcycle accidents. When drivers exceed speed limits, they have less time to react to motorcyclists and generate more force upon impact, significantly increasing injury severity and fatality risks.
Many Colorado Springs drivers look at smartphones or attempt to multitask while driving. Consequently, they fail to notice smaller motorcycles sharing the roadway, leading to preventable accidents and serious injuries.
Drivers operating vehicles under the influence of alcohol or drugs have impaired reaction times, judgment, and coordination. Their diminished awareness often leads to failure to see motorcyclists, resulting in devastating crashes.
Understanding these common accident scenarios helps riders stay vigilant and provides critical information for establishing liability in injury claims.
Motorcycle accidents differ significantly from typical auto collisions in several important ways.
The most critical difference is injury severity. Unlike car occupants protected by airbags, seatbelts, and the vehicle structure, motorcyclists have minimal protection beyond helmets and protective gear. This vulnerability results in more catastrophic injuries such as traumatic brain injuries, spinal cord damage, multiple fractures, severe road rash, and internal trauma.
Motorcycle accident victims also face unique challenges with bias. Many people, including potential jurors, insurance adjusters, and even law enforcement, may harbor preconceived notions that motorcyclists are inherently reckless riders. This prejudice can significantly impact liability determinations and compensation.
Additionally, motorcycle dynamics differ substantially from cars. Factors like lane positioning, stability issues, and different braking techniques create unique accident scenarios that require specialized knowledge to properly investigate and reconstruct.
These differences underscore the importance of working with Colorado Springs motorcycle accident attorneys who understand motorcycle-specific issues and can effectively counter bias while building a compelling case for maximum compensation.
A qualified Colorado Springs motorcycle accident attorney from our law firm will review your case and explain your legal options. Get a free case evaluation now.
The moments following a motorcycle accident are critical for protecting your health and legal rights. Here are essential steps to take:
Following these steps creates a solid foundation for a successful motorcycle accident claim, potentially increasing your compensation significantly.
While you must notify your insurance company about the accident to initiate a claim, you should exercise extreme caution when communicating with any insurance representatives, especially those representing the at-fault driver.
Insurance adjusters often request recorded statements about your injuries and the accident circumstances. However, these statements are frequently used to find inconsistencies, minimize injuries, or shift blame to reduce or deny compensation. Even innocent comments can be taken out of context or misinterpreted to devalue your claim.
Before providing any statement or accepting any settlement offer, consult with qualified motorcycle accident attorneys. The legal team at McCormick & Murphy understands insurance company tactics and can handle all communications on your behalf, ensuring your rights are protected. This approach prevents costly mistakes and allows you to focus on your recovery while maximizing your potential compensation.
Establishing fault is crucial in motorcycle accident cases. Even when you know exactly what happened and that you weren’t responsible, proving this legally requires specialized knowledge and evidence.
Our experienced Colorado Springs motorcycle accident attorneys employ multiple strategies to establish liability:
Colorado follows a modified comparative negligence framework for determining liability. If you’re found more than 50 percent responsible for the accident, you cannot recover compensation. Otherwise, your damages will be reduced proportionally to your assigned level of fault.
Insurance companies often attempt to shift blame to motorcyclists to reduce their financial liability. Our Colorado Springs motorcycle accident attorneys aggressively challenge these tactics, presenting compelling evidence that establishes the other party’s responsibility while protecting you from unfair blame.
Beyond the at-fault driver’s liability coverage, you may be entitled to additional insurance benefits through your own policies. These might include:
The experienced legal team at McCormick & Murphy will identify all potential insurance sources to maximize your financial recovery.
The value of your motorcycle accident claim depends on numerous factors specific to your case. Three categories of damages typically determine compensation amounts:
Economic damages include all quantifiable financial losses resulting from your accident:
These tangible losses can be calculated with documentation and expert testimony regarding future costs.
Non-economic damages compensate for intangible losses that significantly impact your quality of life:
While these damages don’t have standard dollar values, experienced attorneys use established methods to quantify them appropriately based on similar cases and the specific impact on your life.
In cases involving egregious negligence or intentional misconduct, courts may award exemplary damages. These additional damages punish particularly reckless behavior like drunk driving, extreme speeding, or road rage incidents, and deter others from similar actions. Colorado law places certain restrictions on punitive damage amounts, typically limiting them to no more than the compensatory damages awarded.
If you’ve been injured in a motorcycle accident caused by another party’s negligence, you may be entitled to substantial compensation for your losses. Recoverable damages typically include medical expenses, lost income, pain and suffering, emotional distress, physical impairment, disfigurement, and reduced quality of life.
Since 1995, McCormick & Murphy has successfully represented countless motorcycle accident victims throughout Colorado Springs. Our experienced legal team understands the unique challenges riders face both on the road and in the legal system.
Don’t face insurance companies alone. Call us today at 719-389-0400 or contact us through our online form to schedule your free consultation. We’ll evaluate your case, explain your legal options, and fight tirelessly for the compensation you deserve.
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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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