El Paso County · Rider fault and comparative negligence
Colorado Springs Motorcycle Rider Fault Lawyers
If an insurer is blaming you for a Colorado Springs motorcycle crash, call us. Free consultation, no fee unless we recover.
When Insurers Blame the Rider
After almost every motorcycle crash, the insurance company looks for a reason to blame the rider. They argue you were speeding, riding in the wrong part of the lane, or that you simply weren't visible to the other driver. These are arguments an adjuster raises to reduce what they pay, not facts that have already been proven.
Colorado law does allow a rider's own negligence to affect a claim. Under C.R.S. § 13‑21‑111, any recovery is reduced by the rider's share of fault, and recovery is barred entirely if the rider's negligence is equal to or greater than the fault of the driver being sued. That means how fault gets divided matters as much as who caused the crash.
We do not accept an insurer's version of events as the last word. We investigate the crash independently, gather evidence that supports what actually happened, and push back on fault arguments that are not supported by the facts. Our full breakdown of how Colorado's shared-fault rule works is available in our comparative-negligence guide.
Building the Real Picture of Fault
A police report is a starting point, not a verdict. Officers arrive after the crash, often without seeing what happened, and their conclusions about speed, lane position, or visibility can be incomplete or wrong. We treat the report as one piece of evidence to test against everything else available.
That means pulling traffic camera or nearby business video where it exists, talking to witnesses before their memory of the scene fades, and examining the bikes and vehicles involved for physical evidence of speed, braking, and point of impact. When the facts contradict the insurer's fault narrative, we make sure that evidence is documented and presented clearly.
- Photos of your bike, the other vehicle, and the full crash scene
- Contact information for anyone who saw the crash happen
- Any dashcam, helmet cam, or nearby business surveillance footage
- Your own account of speed, lane position, and visibility written down soon after
- Medical records from UCHealth Memorial Hospital Central or CommonSpirit Penrose Hospital documenting your injuries
Colorado Springs Roads Where Fault Fights Happen
We see rider-fault arguments come up often on Powers Boulevard, Academy Boulevard, Woodmen Road, and I-25, where higher speeds and heavy lane changes give insurers an easy excuse to point at the motorcyclist. Crashes near Old Colorado City, with tighter streets and more pedestrian and parking activity, bring different visibility arguments about whether a rider could be seen in time.
Wherever your crash happened, if it needs to go to court, cases from Colorado Springs are handled in El Paso County District Court. Our office is nearby at 929 W Colorado Ave, and we're familiar with how fault disputes play out in this area.
What's at Stake in a Shared-Fault Dispute
- Medical treatment costs tied to the crash
- Lost income while you recover
- Property damage to your motorcycle and gear
- Ongoing care needs for serious injuries
- Pain and disruption to your daily life
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Colorado Springs — 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.
Colorado Springs Rider fault and comparative negligence FAQ
Can I still recover money if the insurer says I was partly at fault?
Possibly, yes. Colorado law reduces your recovery by your percentage of fault, but you can still recover as long as your share of negligence is not equal to or greater than the other driver's. This is why the actual percentage assigned matters so much.
What if the crash report already blames me?
A crash report is not the final word on fault. We regularly find that video, physical evidence, or witness accounts tell a different story than what an officer wrote down after the fact.
Does lane position alone prove I was at fault?
No. Lane position is one factor an insurer may point to, but it has to be evaluated against the full circumstances of the crash, including what the other driver did. We look at the whole picture before accepting that argument.
How do you fight a claim that I was speeding?
We look for physical evidence, video, and witness statements that can confirm or contradict speed claims. Insurers often assert speed without solid proof, and that assertion can be challenged.
What does a free consultation involve?
We'll listen to what happened, review any evidence or records you have, and explain how Colorado's shared-fault rule may apply to your situation. There's no cost for this conversation, and no fee unless we recover for you.
Discuss a Colorado Springs motorcycle crash
Free consultation. No attorney fee unless we recover for you.