Colorado Motorcycle Accident Lawyer
Colorado’s scenic roads and mountain highways make our state a motorcyclist’s paradise. From winding passes through the Rockies to cruising along Interstate 70, riding a motorcycle offers a sense of freedom unlike any other form of transportation. Unfortunately, that freedom comes with significant risks. When a motorcycle accident occurs, riders often suffer catastrophic injuries that forever change their lives.
If you’ve been injured in a motorcycle accident in Colorado, you’re facing challenges that go beyond your physical injuries. Motorcyclists frequently encounter prejudice from insurance companies, adjusters, and even juries who harbor unfair stereotypes about riders. You need an attorney who understands both the unique dynamics of motorcycle accidents and how to protect your rights against bias and discrimination.
At Eddington Law, our Colorado motorcycle accident attorneys have been fighting for injured riders for over 35 years. We understand the passion for riding, respect the motorcycle community, and know how to build strong cases that overcome prejudice and achieve maximum compensation.
Understanding Motorcycle Accidents in Colorado
Motorcycle accidents differ significantly from other motor vehicle collisions. The physics of motorcycle crashes, the severity of injuries, and the legal issues involved all present unique challenges that require specialized knowledge and experience.
Why Motorcycle Accidents Are So Dangerous
Motorcycles offer virtually no protection in a crash. Unlike occupants of cars and trucks who have airbags, seatbelts, crumple zones, and metal frames surrounding them, motorcyclists are exposed. Even with proper safety gear including helmets, jackets, and protective clothing, riders face enormous risks when vehicles weighing thousands of pounds collide with them.
The results are often catastrophic. According to the National Highway Traffic Safety Administration, motorcyclists are approximately 28 times more likely to die in a crash than occupants of passenger vehicles. In Colorado, where mountain roads, unpredictable weather, and high-elevation conditions add to the dangers, these risks are even more pronounced.
Common Causes of Colorado Motorcycle Accidents
Most motorcycle accidents in Colorado are caused by the negligence of other drivers. Common causes include:
Left-Turn Accidents: The most common type of motorcycle collision occurs when a vehicle turns left in front of an oncoming motorcycle. Drivers often fail to see the motorcycle or misjudge its speed and distance, turning directly into the rider’s path.
Lane Changes and Merging: Drivers frequently fail to check blind spots before changing lanes or merging, colliding with motorcycles traveling alongside them.
Following Too Closely: Tailgating motorcycles is extremely dangerous. If the rider needs to brake suddenly, the following vehicle may not have sufficient time or distance to stop.
Distracted Driving: Drivers texting, talking on phones, eating, or otherwise distracted are less likely to notice motorcycles and react appropriately.
Impaired Driving: Drunk or drugged drivers have reduced reaction times and impaired judgment, making them particularly dangerous to motorcyclists.
Speeding: Excessive speed reduces a driver’s ability to see and react to motorcycles, and increases the severity of crashes.
Failure to Yield Right-of-Way: Drivers often fail to yield to motorcycles at intersections, stop signs, and when entering roadways.
Road Hazards: Potholes, gravel, debris, uneven pavement, and other road hazards that are minor annoyances to cars can cause motorcyclists to lose control.
Dooring: Drivers or passengers opening car doors into the path of passing motorcycles can cause serious accidents.
Weather Conditions: Colorado’s weather can change rapidly. Rain, snow, ice, and wind affect motorcycles much more severely than enclosed vehicles.
Overcoming Motorcycle Prejudice in Colorado Injury Claims
One of the most frustrating aspects of motorcycle accident cases is the prejudice riders often face. Despite the fact that most motorcycle accidents are caused by other drivers, motorcyclists are frequently blamed for accidents that weren’t their fault.
Common Stereotypes About Motorcyclists
Insurance companies and defense attorneys often try to exploit unfair stereotypes about motorcyclists, suggesting they’re reckless, aggressive, speed excessively, or take unnecessary risks. These stereotypes are not only offensive but also unsupported by facts. Studies consistently show that in the majority of motorcycle accidents, the other driver violated the motorcyclist’s right-of-way.
How We Overcome Bias
At Eddington Law, we’ve developed effective strategies to overcome motorcycle prejudice:
Immediate Investigation: We quickly investigate to gather evidence proving the other driver’s fault, including police reports, witness statements, traffic camera footage, and accident reconstruction analysis.
Emphasizing Rider Safety: We document your safety practices, including proper licensing, safety course completion, appropriate gear, regular motorcycle maintenance, and defensive riding habits.
Educating Adjusters and Juries: We educate insurance adjusters and, when necessary, juries about motorcycle operation, visibility challenges drivers face in seeing motorcycles, and the physics of motorcycle crashes.
Humanizing Our Clients: We help adjusters and juries see you as a person—a professional, a parent, a community member—not a stereotype. We share your story and help others understand who you are beyond being a motorcycle rider.
Expert Testimony: We work with accident reconstruction experts who can definitively prove how the accident occurred and establish the other driver’s fault.
Addressing Helmet Use Head-On: Colorado doesn’t require helmets for riders 18 and older. If you weren’t wearing a helmet, insurance companies will try to use it against you. We proactively address this issue, educating adjusters and juries that helmet use relates only to head injuries, not to who caused the accident or liability for other injuries.
Common Injuries in Colorado Motorcycle Accidents
Due to the lack of protection, motorcycle accidents often result in severe, life-changing injuries. We’ve represented clients suffering from:
Traumatic Brain Injuries: Even with a helmet, the force of impact can cause concussions, brain bleeding, and permanent cognitive impairment.
Spinal Cord Injuries: Motorcycle crashes can damage the spinal cord, resulting in partial or complete paralysis.
Broken Bones and Fractures: Multiple fractures, particularly to legs, arms, ribs, and pelvis, are common. Some require multiple surgeries and may never heal completely.
Road Rash: Sliding across pavement tears away skin, sometimes down to muscle and bone. Severe road rash requires skin grafts and can leave permanent scarring and disfigurement.
Internal Injuries: Blunt force trauma can damage internal organs including the liver, spleen, kidneys, and lungs.
Amputations: In severe crashes, limbs may be severed at the scene or require later amputation due to irreparable damage.
Facial Injuries: Impact with vehicles, roadway, or objects can cause severe facial fractures, dental injuries, and disfigurement.
Psychological Trauma: Beyond physical injuries, accident victims often suffer PTSD, anxiety, depression, and fear of riding.
Burn Injuries: Motorcycles carry fuel, and crashes can result in fires causing serious burn injuries.
Wrongful Death: Tragically, many motorcycle accidents in Colorado prove fatal, leaving families devastated.
The severity of these injuries means that motorcycle accident victims often face months or years of medical treatment, multiple surgeries, extensive rehabilitation, permanent disabilities, and inability to return to work. Compensation must account for all of these losses.
Colorado Motorcycle Laws That Affect Your Claim
Understanding Colorado’s motorcycle laws is important to protecting your rights after an accident.
Helmet Law
Colorado requires helmets only for riders and passengers under 18 years old. Adults can choose whether to wear helmets. However, not wearing a helmet will not prevent you from recovering compensation for injuries unrelated to head trauma. Insurance companies will try to use lack of helmet use against you—we know how to address this issue and protect your rights.
Lane Splitting
Lane splitting (riding between lanes of traffic) is illegal in Colorado. If you were lane splitting at the time of your accident, it could affect your claim, though it doesn’t automatically bar recovery if the other driver was primarily at fault.
License Requirements
Colorado requires motorcycle operators to have a motorcycle endorsement on their driver’s license (Class M or M endorsement on regular license). Riding without proper licensing can affect your claim, though it doesn’t prevent recovery if the other driver was at fault.
Insurance Requirements
Colorado requires all vehicles, including motorcycles, to carry minimum liability insurance of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $15,000 for property damage. However, these minimums are woefully inadequate for serious motorcycle accident injuries. We help identify all available insurance coverage, including underinsured motorist coverage.
Comparative Negligence
Colorado follows a modified comparative negligence rule. You can recover compensation even if you were partially at fault, as long as your fault doesn’t exceed 50%. However, your recovery will be reduced by your percentage of fault. For example, if you’re found 20% at fault, your recovery is reduced by 20%.
This makes fighting allegations of fault critical in motorcycle cases, where insurance companies often try to shift blame to the rider.
Types of Compensation Available in Colorado Motorcycle Accident Cases
Motorcycle accident victims in Colorado can recover compensation for all losses caused by the accident. Given the severity of injuries common in these cases, compensation can be substantial.
Economic Damages
Medical Expenses: All reasonable and necessary medical treatment including emergency transport and care, hospitalization, surgery, medication, rehabilitation and physical therapy, assistive devices, future medical care, and home modifications.
Lost Wages: Income lost while recovering from injuries, including salary, bonuses, benefits, and self-employment income.
Lost Earning Capacity: If you can’t return to your previous career or work at full capacity, compensation for future lost income over your lifetime.
Property Damage: Repair or replacement of your motorcycle and gear, including custom parts and modifications.
Other Economic Losses: Out-of-pocket expenses like hiring household help, transportation to medical appointments, and costs for services you can no longer perform yourself.
Non-Economic Damages
Pain and Suffering: Compensation for physical pain, discomfort, and suffering from your injuries.
Emotional Distress: Mental anguish, anxiety, depression, PTSD, and psychological harm.
Loss of Enjoyment of Life: Inability to participate in activities, hobbies, and experiences you previously enjoyed—including riding.
Disfigurement and Scarring: Permanent physical changes, scarring, and disfigurement that affect your appearance and self-image.
Loss of Consortium: Compensation to your spouse for loss of companionship, affection, and intimacy.
Punitive Damages
In cases involving particularly egregious conduct—such as drunk driving or extreme recklessness—Colorado allows punitive damages designed to punish the defendant and deter similar behavior. These require clear and convincing evidence of willful and wanton conduct or malice.
Insurance Issues in Colorado Motorcycle Accident Cases
Insurance can be particularly challenging in motorcycle accident cases. Understanding the available coverage is critical to maximizing your recovery.
Liability Insurance
The at-fault driver’s liability insurance should cover your damages. However, Colorado’s minimum coverage requirements are often insufficient for serious motorcycle injuries. We pursue maximum recovery from all available liability policies.
Underinsured Motorist Coverage (UIM)
If the at-fault driver’s insurance is insufficient to cover your damages, your own underinsured motorist coverage can provide additional compensation. UIM coverage is essential for motorcyclists given the severity of typical injuries.
Uninsured Motorist Coverage (UM)
If the at-fault driver has no insurance or if you’re the victim of a hit-and-run accident, your uninsured motorist coverage can provide compensation.
Medical Payments Coverage (MedPay)
MedPay coverage on your motorcycle or auto policy can pay medical bills regardless of fault, providing immediate funds while your claim is pending.
Health Insurance
Your health insurance should cover immediate medical treatment. However, health insurers often seek reimbursement from any settlement or verdict through subrogation. We negotiate to reduce these liens and maximize your net recovery.
Common Challenges in Motorcycle Accident Cases
Motorcycle accident cases present unique challenges that require experienced legal representation to overcome.
Proving the Other Driver’s Fault
Insurance companies often claim the motorcyclist was speeding, driving recklessly, or was in the other driver’s blind spot. We conduct thorough investigations, obtain all available evidence, and work with accident reconstruction experts to definitively prove how the accident occurred.
Fighting Low Settlement Offers
Insurance companies routinely make inadequate initial settlement offers, hoping you’ll accept less than fair value. We know how to value serious injury cases and won’t accept lowball offers.
Dealing with Inadequate Insurance
Many at-fault drivers carry only minimum insurance, which is insufficient for serious injuries. We identify all available insurance coverage and pursue all liable parties to maximize recovery.
Addressing Pre-Existing Injuries
Insurance companies often claim your injuries existed before the accident. We work with medical experts to distinguish between pre-existing conditions and new injuries or aggravation of prior conditions caused by the accident.
Proving Future Damages
Serious injuries often require future medical care and result in permanent disability. We work with life care planners, vocational experts, and economists to document future losses and ensure your settlement accounts for lifetime needs.
Why Choose Eddington Law for Your Colorado Motorcycle Accident Case?
Motorcycle accident cases require attorneys who understand both the technical aspects of these crashes and the unique challenges riders face. Here’s why Colorado motorcyclists trust Eddington Law:
Over 35 Years of Experience
Since 1984, we’ve been representing injured motorcyclists throughout Colorado. We understand the dynamics of motorcycle accidents and have successfully handled hundreds of cases involving serious rider injuries.
Respect for the Riding Community
We respect motorcyclists and the riding community. We understand the passion for riding and fight against the prejudice riders too often face. We’re committed to protecting riders’ rights and ensuring you’re treated fairly.
Proven Track Record
We’ve recovered millions of dollars for injured motorcyclists throughout Colorado. Our results demonstrate our ability to build strong cases and achieve substantial compensation.
Immediate Investigation
We begin investigating immediately to preserve crucial evidence before it’s lost. This includes obtaining police reports, interviewing witnesses, photographing the scene and vehicles, downloading electronic data from vehicles, and working with accident reconstruction experts.
Access to Expert Witnesses
We work with leading accident reconstruction experts, medical specialists, vocational rehabilitation consultants, life care planners, and economists to build compelling cases that prove liability and fully document damages.
Experience Fighting Insurance Companies
We know the tactics insurance companies use to devalue motorcycle claims. We’re skilled negotiators who won’t be bullied by adjusters, and we’re fully prepared to take cases to trial when necessary.
Understanding of Serious Injuries
The injuries in motorcycle cases are often life-changing. We understand the medical treatment involved, work closely with your doctors, and ensure your settlement accounts for all current and future needs.
No Upfront Costs
We represent motorcycle accident victims on a contingency fee basis—you pay no attorney fees unless we recover compensation. We advance all case costs, so financial concerns never prevent you from pursuing justice.
Personalized Attention
You’ll work directly with experienced attorneys who genuinely care about your recovery. We take time to understand how your injuries have affected your life and fight for compensation that truly reflects your losses.
Statewide Service
With offices in Denver and Steamboat Springs, Eddington Law serves motorcycle accident victims throughout Colorado, from mountain highways to urban intersections.
What to Do After a Colorado Motorcycle Accident
The steps you take after a motorcycle accident can significantly impact your claim. Here’s what you should do:
Seek Medical Attention Immediately: Your health is the top priority. Even if you think you’re not seriously injured, get evaluated by a healthcare provider. Adrenaline can mask pain, and some injuries aren’t immediately apparent. Prompt medical treatment also creates important documentation.
Call Police: Always report the accident to law enforcement. An official police report provides crucial evidence for your claim.
Document the Scene: If you’re able, take photographs of the accident scene, all vehicles involved, road conditions, your injuries, your damaged motorcycle and gear, and anything that might have contributed to the accident.
Get Witness Information: Obtain names and contact information from anyone who witnessed the accident. Independent witnesses can provide crucial testimony.
Exchange Information: Get the other driver’s name, contact information, insurance information, and license plate number. Don’t discuss fault or apologize at the scene.
Preserve Evidence: Keep your damaged motorcycle, helmet, and riding gear. Don’t repair or discard anything before consulting an attorney. These items may be crucial evidence.
Keep Detailed Records: Maintain copies of all medical records, bills, prescriptions, and documentation of treatment. Document all expenses related to the accident.
Don’t Give Recorded Statements: Insurance adjusters may contact you quickly requesting recorded statements. Politely decline and refer them to your attorney. Anything you say can be used to diminish your claim.
Don’t Accept Quick Settlement Offers: Initial offers are almost always inadequate, especially in serious injury cases. The full extent of your injuries and future needs may not be apparent for weeks or months.
Contact an Experienced Motorcycle Accident Attorney: The sooner you consult with a lawyer, the better. Early involvement allows us to investigate while evidence is fresh, protect your rights from the beginning, and prevent you from making statements or accepting offers that could harm your claim.
Frequently Asked Questions About Colorado Motorcycle Accident Claims
Will not wearing a helmet hurt my case?
Not for injuries unrelated to your head. Colorado doesn’t require helmets for riders 18 and older. While insurance companies will try to use lack of helmet against you, it only relates to head injuries, not to who caused the accident or liability for other injuries.
What if I was partially at fault?
Under Colorado’s comparative negligence rule, you can still recover compensation if you were less than 50% at fault. However, your recovery will be reduced by your percentage of fault.
How long do I have to file a claim?
Colorado generally gives you two years from the accident date to file a lawsuit. However, acting quickly is important to preserve evidence and protect your rights.
What if the other driver had minimal insurance?
If the at-fault driver’s insurance is insufficient, your underinsured motorist coverage can provide additional compensation. We also identify all potentially liable parties to maximize recovery.
Should I use my health insurance for treatment?
Yes, get the medical care you need using whatever insurance is available. We can address insurance liens and reimbursement issues later.
How much is my case worth?
The value depends on many factors including the severity of injuries, medical expenses, lost income, degree of permanent disability, impact on your life, and degree of the other driver’s fault. We provide honest assessments based on our experience.
How long will my case take?
This varies depending on the complexity of injuries, insurance issues, and whether litigation is necessary. Some cases settle in months, while others take a year or more, especially if they go to trial.
Do I need to accept the insurance company’s offer?
No. Initial offers are often inadequate. We evaluate offers and advise whether they’re fair or whether we should continue negotiating or file a lawsuit.
Contact Our Colorado Motorcycle Accident Attorneys Today
Contact Eddington Law today:
- Call (702) 766-7580
- Visit our website at eddington.law
- Stop by our Denver or Steamboat Springs office
Don’t wait—evidence can disappear quickly, and Colorado’s statute of limitations is strict. Let our experienced Colorado motorcycle accident attorneys fight for your rights and the compensation you deserve.
Eddington Law – Protecting Colorado Motorcyclists Since 1984