El Paso County · Rider fault and comparative negligence
Security-Widefield Motorcycle Rider Fault Lawyers
Security-Widefield motorcycle rider fault lawyers for riders hurt in Security-Widefield. Free consultation. No fee unless we recover for you.
When the Insurer Says the Rider Was at Fault
McCormick & Murphy are Security-Widefield motorcycle rider fault lawyers for riders blamed for speed, lane position, or not being seen. We file in El Paso County Combined Courts.
After a motorcycle crash in Security-Widefield, the insurance company often starts by looking for reasons to blame the rider. We hear the same arguments repeatedly: the rider was speeding, riding in the wrong part of the lane, or not visible enough to the driver who hit them. These are claims that need to be tested against the actual facts of the crash, not accepted because an adjuster wrote them in a file.
Colorado law addresses shared fault directly. Under C.R.S. § 13‑21‑111, if a rider is found partly at fault, their recovery is reduced by their percentage of negligence. If the rider's share of fault is equal to or greater than the fault of the driver they are pursuing a claim against, recovery is barred entirely. That makes the fault investigation central to whether a claim succeeds and how much it is worth.
This is why an insurer's early framing of the crash matters so much, and why it should not go unchallenged. A rider labeled as speeding or unseen on paper may have been riding lawfully and visibly. The full picture often looks different once it is properly investigated. For more on how shared fault is calculated, see our comparative-negligence guide.
Why the Police Report Isn't the Final Word
A responding officer's report reflects a short window at the scene, often based on limited statements and quick observations. It is not a legal finding of fault, and it does not account for everything that contributed to the crash. Skid marks, sightlines, roadway design, and vehicle damage often tell a more complete story than a narrative written in the minutes after impact.
We look at physical evidence from the crash location, along with any available video from nearby businesses or traffic cameras, and witness accounts that may not have made it into the initial report. Along corridors like U.S. Highway 85, Bradley Road, and Fontaine Boulevard, visibility, turning movements, and driver inattention frequently play a bigger role than an initial report suggests. That evidence can directly contradict an insurer's early theory of rider fault.
- Get medical care and keep records of every visit and treatment
- Photograph your motorcycle, gear, and the crash scene from multiple angles
- Get contact information for any witnesses at the scene
- Avoid giving a recorded statement to the insurer before speaking with us
- Preserve your riding gear and helmet without cleaning or repairing them
Security-Widefield Roads and Fault Disputes
Security-Widefield sits along a stretch of El Paso County where riders travel frequently through Fountain and along Widefield Boulevard, often crossing paths with drivers turning onto or off U.S. Highway 85. These intersections and merge points are common locations where insurers try to shift blame onto the rider for lane position or speed, especially when a driver failed to check for an oncoming motorcycle.
If your case moves into litigation, it would likely be filed in El Paso County Combined Courts, where comparative fault is a routine issue in motorcycle claims. Riders treated at UCHealth Memorial Hospital Central in Colorado Springs after a crash in this area should know that fault determinations are made through evidence, not assumptions written into a report.
What May Be Recoverable
- Medical expenses related to the crash
- Lost income from time away from work
- Damage to your motorcycle and gear
- Pain and suffering
- Reduced earning capacity if injuries are long-term
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Security-Widefield — 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.
Security-Widefield Motorcycle Rider Fault Lawyers FAQ
Do I need Security-Widefield motorcycle rider fault lawyers after a crash?
Call Security-Widefield 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 if the police report says I was speeding?
A police report is not the final determination of fault. We investigate independently, looking at physical evidence, witness statements, and available video to see whether the report's conclusions actually hold up.
Can I still recover damages if I was partly at fault?
Colorado law allows recovery even when a rider shares some fault, but the recovery is reduced by that percentage. If the rider's fault is equal to or greater than the other party's, recovery is barred entirely.
How do insurers try to blame motorcycle riders specifically?
Common arguments include claims that the rider was speeding, positioned improperly in the lane, or not visible enough to other drivers. These arguments are often based on assumptions about motorcycles rather than the specific facts of the crash.
What evidence helps counter a fault argument?
Physical evidence at the crash scene, video from nearby cameras, and witness statements can all contradict an insurer's early theory. The sooner this evidence is gathered, the better it holds up.
Do I need a lawyer if the insurer is blaming me for the crash?
When fault is disputed, having someone investigate independently and push back on the insurer's version matters. We offer a free consultation to review what happened and explain your options, with no fee unless we recover for you.
Discuss a Security-Widefield motorcycle crash
Free consultation. No attorney fee unless we recover for you.