Boulder County · Rider fault and comparative negligence
Superior Motorcycle Rider Fault Lawyers
Superior motorcycle rider fault lawyers for riders hurt in Superior. Free consultation. No fee unless we recover for you.
When Insurers Blame the Rider
McCormick & Murphy are Superior motorcycle rider fault lawyers for riders blamed for speed, lane position, or not being seen. We file in Boulder County Justice Center.
After a motorcycle crash on U.S. Highway 36, McCaslin Boulevard, or Marshall Road, insurers often move fast to pin the blame on the rider. They'll argue speed, poor lane position, or that the rider simply wasn't visible to the other driver. These are claims to test against the actual evidence, not conclusions to accept.
Colorado law, C.R.S. § 13‑21‑111, allows recovery to be reduced by the rider's share of fault, and it bars recovery entirely if the rider's negligence is equal to or greater than the negligence of the party being sued. That makes the fault fight central to what a rider can recover, which is exactly why insurers push hard on it early.
We look closely at how the insurer built its fault argument. Sometimes it holds up. Often it rests on assumptions about motorcycles generally, not on what actually happened on that stretch of road near Rock Creek Parkway or through Louisville.
Testing the Insurer's Fault Story
The initial crash report is a starting point, not the final word. Officers responding to a crash near McCaslin Boulevard or Marshall Road may not have seen the collision happen, and their fault conclusions can be built on incomplete information or on one driver's version of events.
Physical evidence, traffic camera or dash-cam footage, skid marks, vehicle damage patterns, and independent witness accounts can tell a different story. We gather and compare all of it against the insurer's narrative before accepting any fault percentage attached to a rider's claim.
- Photos of your bike, gear, and the crash scene from multiple angles
- Contact information for any witnesses who saw the crash unfold
- Any dash-cam, helmet-cam, or nearby business surveillance footage
- Your own account of speed, lane position, and visibility, written down early
- Medical records connecting your injuries to the crash mechanics
Fault Disputes Around Superior
Superior sits along a busy corridor where U.S. Highway 36 traffic, McCaslin Boulevard commuters, and local Louisville and Rock Creek Parkway drivers all converge. That mix creates plenty of opportunity for insurers to argue a rider was in the wrong place or moving too fast, especially at merge points and intersections near these roads.
If your case heads to litigation, it's typically handled through the Boulder County Justice Center. Riders treated at AdventHealth Avista in Louisville often have medical records that help establish the sequence and severity of the crash, which matters when fault is contested.
What's at Stake When Fault Is Contested
- Medical bills and future treatment costs
- Lost income from time away from work
- Pain and suffering
- Property damage to the motorcycle and gear
- Reduced compensation if partial fault is assigned
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Superior — and read client testimonials.
After I was hit by a drunk driver with no insurance, my own insurer refused UM benefits. McCormick & Murphy sued for uninsured motorist benefits and bad faith. A jury awarded me over $900,000.
C. O., Denver · UM / bad-faith verdict
Prior results do not guarantee a similar outcome. Every case depends on its facts, coverage, venue, and evidence.
Superior Motorcycle Rider Fault Lawyers FAQ
Do I need Superior motorcycle rider fault lawyers after a crash?
Call Superior 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 in Denver, CO.
Can I still recover if the insurer says I was speeding?
Possibly. Under Colorado's comparative negligence rule, your recovery is reduced by your share of fault, but you're not automatically barred unless your fault is equal to or greater than the other driver's. We investigate whether the speeding claim actually holds up before accepting it.
Does the crash report decide who was at fault?
No. The report is evidence, but it's not the final determination of fault. Physical evidence, video, and witness statements can and do contradict initial police conclusions.
What if the insurer says I wasn't visible to the other driver?
That's a factual claim we can test using lighting conditions, sightlines, vehicle positions, and any available footage from the area. Visibility arguments don't automatically shift fault to the rider.
How does shared fault affect what I can recover?
Colorado reduces your recovery by your percentage of fault, and bars recovery if your fault equals or exceeds the other party's. We have a separate guide on this shared-fault rule if you want more detail on how it works generally.
What should I do if I'm being blamed for a crash near McCaslin or Marshall Road?
Preserve any photos, witness contacts, or footage you have, and avoid agreeing to a fault percentage with the insurer before speaking with us. Come in for a free consultation so we can review the evidence before you accept any assumptions about your share of fault.
Discuss a Superior motorcycle crash
Free consultation. No attorney fee unless we recover for you.