When you’re involved in a motorcycle accident, your first concerns are often about physical recovery, medical bills, lost wages, and the stress of dealing with insurance companies. But there’s one critical question every rider eventually asks:
Who is liable in a motorcycle crash?
Understanding Colorado motorcycle accident laws is essential if you or someone you love has been injured in a crash. Determining who is at fault for the accident affects everything—your ability to file an injury claim, recover damages, and protect your legal rights.
This guide breaks down how fault is determined in Colorado, what comparative negligence means for your case, and how a Denver motorcycle accident lawyer can help you move forward after a wreck.
Colorado is an At-Fault State: What That Means for Motorcyclists
In Colorado, the law follows a fault-based or “tort” system when it comes to vehicle accidents. This means that the person responsible for causing the accident (or their insurance company) is financially liable for the resulting damages.
For Colorado motorcyclists, this is a double-edged sword:
- If you’re not at fault, you may be entitled to full compensation from the at-fault party’s insurer.
- If you are partially at fault, your compensation may be reduced under the doctrine of comparative negligence (more on that shortly).
Because motorcycles offer little physical protection, riders’ injuries tend to be more severe. Knowing how fault is assigned becomes even more critical when significant medical expenses and lost income are involved.
Common Causes of Motorcycle Accidents and Liability
Determining fault for the accident often begins with identifying its cause. Here are common scenarios and how liability is generally viewed in Colorado:
1. Left-Turn Accidents
Most common motorcycle crash scenario. A vehicle turns left in front of an oncoming motorcycle. Typically, the turning vehicle is at fault—unless the motorcyclist was speeding or ran a red light.
2. Distracted Driving
A leading cause of Colorado motorcycle accidents. If a driver was texting, eating, or adjusting the radio at the time of the crash, they may be deemed negligent and liable.
3. Lane Splitting (Illegal in Colorado)
If a motorcyclist is lane splitting and a crash occurs, they may be held partially or fully at fault. A ecent change in Colorado law allows lane splitting under certain conditions, but many riders assume they can lane split when in fact the law prohibits it in their circumstance. As a result, nowadays in Colorado a lot of riders are held liable for an accident when they thought they were doing nothing wrong.
4. Rear-End Collisions
If a vehicle strikes a motorcycle from behind, the driver is usually considered at fault. However, if the motorcycle made an unsafe stop, there may be shared liability.
5. Poor Road Conditions or Defects
In cases where a crash is caused by road hazards, such as potholes or unmarked construction zones, liability might fall on a government agency or road maintenance contractor. If it’s a privately owned road, the property owner might be liable.
How Comparative Negligence Works in Colorado Motorcycle Accidents
Colorado follows a modified comparative negligence rule. This legal principle plays a central role in determining how much compensation you can recover after a motorcycle accident — and whether you can recover anything at all.
Here’s how it works:
- If you are less than 50% at fault, you can still recover damages from the other party or their insurance company.
- However, your total compensation will be reduced in proportion to your percentage of fault. For instance, being found 20% at fault means you can only recover 80% of your total damages.
- If you are 50% or more at fault, you are barred from recovering any compensation under Colorado law.
Example: Let’s say your total damages — including medical bills, lost income, and pain and suffering — add up to $100,000. If a jury or insurance adjuster finds you 20% responsible for the crash (perhaps due to slightly speeding), your compensation would be reduced to $80,000. But if you’re found to be 50% or more at fault, you would receive nothing.
This makes comparative negligence one of the most critical elements of any motorcycle accident claim in Colorado. Insurance companies often try to assign a higher percentage of blame to the motorcyclist to minimize their payout or deny the claim entirely. That’s why having an experienced attorney to advocate for you and fight back against the unfair assignment of blame is so important.
At Fisher & Associates, we know how insurers operate. We push back with compelling evidence, expert testimony, and a thorough understanding of the law—because in Colorado motorcycle accident cases, every percentage point of fault matters.
How to Prove Liability in a Colorado Motorcycle Crash
Proving fault in a Colorado motorcycle crash isn’t always straightforward. Many times, the truth of what happened gets muddled by conflicting statements, incomplete police reports, or biased assumptions about riders. And unfortunately, insurance companies may try to shift blame to reduce or deny your injury claim.
This is where working with an experienced Denver motorcycle accident lawyer becomes essential. Your attorney can collect, analyze, and present the evidence needed to clearly show who caused the accident and why.
Here are key tools used to prove liability in a Colorado motorcycle accident:
- Accident scene photos and videos: These can show skid marks, vehicle positions, road conditions, and debris.
- Witness statements: Third-party observations often add credibility to your claim, especially if they support your version of events.
- Police accident reports: Officers’ observations and citations issued at the scene often carry heavy weight with insurers.
- Vehicle damage and skid marks: The extent and location of damage and other visible evidence found at the scene can help reconstruct how the crash occurred and who was at fault.
- Traffic camera or surveillance footage: This footage can provide objective evidence of speeding, running a red light, or illegal lane changes.
- Cell phone records: In distracted driving cases, these can prove the other driver was texting or using their phone at the time of the crash.
In more complex cases, your attorney may hire accident reconstruction experts to perform a professional analysis of the crash and the scene. They may also issue subpoenas for critical evidence the at-fault party refuses to provide, such as vehicle black box data or maintenance records.
This thorough approach can make the difference between a denied claim and a full financial recovery. At Fisher & Associates, we dig deep to make sure every detail of your story is told-and backed by facts.
Unique Challenges for Colorado Motorcyclists
Unlike other motorists, Colorado motorcyclists often face an uphill battle when it comes to pursuing compensation after a crash. Even when a rider is clearly the victim, insurance companies and defense attorneys may rely on damaging stereotypes or exploit nuances in state law to reduce payouts.
Here are just a few of the added challenges riders face:
- Stereotyping and Bias: Insurance companies may view motorcyclists as inherently reckless or aggressive. This bias can influence how adjusters assess liability and how jurors perceive the case.
- Severity of Injuries: Motorcycle crashes tend to result in more severe and life-altering injuries, such as traumatic brain injuries, spinal cord damage, or multiple fractures. While this increases the value of a claim, it also makes insurers more combative in trying to avoid large settlements.
- Helmet and Gear Use: Even though Colorado does not require riders 18 and over to wear helmets, insurance adjusters may try to argue that failing to wear one contributed to your injuries—an argument they use to reduce your compensation. The same applies to protective clothing and other protective gear.
- Limited Visibility on the Road: Riders are often not seen by drivers who are distracted, fatigued, or simply not paying attention. Yet despite this, motorcyclists are often blamed after the fact for failing to “ride defensively.”
- Complex Medical and Recovery Issues: With longer hospital stays and extensive rehab, riders are frequently left with massive medical bills and financial stress. Navigating these obstacles while battling an insurance company can be overwhelming unless you have an experienced motorcycle lawyer on your side.
At Fisher & Associates, we understand the challenges facing riders on a personal level. Our founder, Attorney Paul Fisher is a Motorcycle Safety Foundation (MSF) certified riding instructor in Colorado and the founder of Safe Ride Motorcycle Lawyers – our legal team built by riders, for riders. We know what it means to share the road, and we’re committed to standing up for injured riders when it matters most.
What to Do After a Motorcycle Accident in Colorado
The moments following a motorcycle crash can be chaotic and disorienting. But what you do in the minutes, hours, and days after the accident can have a major impact on your ability to file a successful injury claim.
Here are essential steps to take to protect your health and your legal rights:
- Call 911 Immediately: Whether injuries seem serious or minor, always call emergency services. This ensures you receive medical help and creates an official record of the accident.
- Seek Medical Attention: Even if you feel “okay,” adrenaline can mask symptoms of head trauma, internal bleeding, or fractures. Documenting injuries right away also strengthens your claim.
- Take Photos and Videos: If you can, photograph the scene, damage to your bike and the other vehicle, your injuries, skid marks, traffic signs, and anything that might have contributed to the crash.
- Gather Witness Information: Collect names and contact information from anyone who saw the crash. Statements from independent witnesses can be crucial to your case if fault is disputed.
- Avoid Admitting Fault: Be polite, but don’t apologize or say anything that could be interpreted as taking responsibility for the accident. Even a casual remark can be used against you later in the case.
- Report the Crash to Your Insurance: Notify your insurer as soon as possible, but avoid going into detail before speaking with your lawyer.
- Speak with an Attorney Before Talking to the Other Insurance Company: Never give a recorded statement or accept a settlement offer without legal advice. Insurance companies may try to get you to settle quickly for less than you deserve.
The sooner you connect with a Denver motorcycle accident lawyer, the better your chances of recovering the full amount of compensation you are entitled to. Our team at Fisher & Associates can guide you step-by-step through the legal process, help document every aspect of your claim, and take over the fight so you can focus on healing.
FAQs: Colorado Motorcycle Accident Liability
Who determines fault in a motorcycle accident?
Usually, fault is determined by the insurance companies involved, using police reports, witness statements, and other evidence. However, if your case goes to court, a judge or jury may ultimately decide assign fault if the parties are unable to resolve the issue prior to the start of the trial.
Can I still recover damages if I wasn’t wearing a helmet?
Yes. Colorado law does not require adult riders 18 and over to wear helmets. Not wearing a helmet may not prevent you from filing an injury claim, though it could potentially reduce compensation in a head injury case.
What if both drivers were at fault?
Colorado’s comparative negligence rule allows you to recover compensation if you are less than 50% at fault. Your payout will be reduced in proportion to your share of the blame.
Is lane splitting legal in Colorado?
Yes. Lane splitting is illegal in Colorado under certain conditions. A lot of riders make the mistake of assuming it’s always okay to lane split, when in fact it’s not. If you were lane splitting during the crash when you shouldn’t have been, it could be used against you to argue for shared or full liability.
How much does it cost to hire a motorcycle accident lawyer?
At Fisher & Associates, we offer a free consultation and work on a contingency fee basis. That means you don’t pay unless we win.
What is the statute of limitations for filing a motorcycle accident lawsuit in Colorado?
In Colorado, you generally have three years from the accident date to file a personal injury lawsuit but this time limit can vary depending on the type of case and the parties involved. This legal deadline is known as the statute of limitations, and missing it could mean permanently losing your right to recover damages—no matter how strong your case is. It is always recommended that you contact an attorney immediately after your accident to determine which deadlines might affect your case.
Talk to a Denver Motorcycle Accident Lawyer Today
If you or a loved one has been injured in a Colorado motorcycle accident, don’t face the legal system alone. The insurance company has a team of lawyers working to minimize your claim. You deserve a legal team that fights just as hard for your rights.
At Fisher & Associates, we bring:
- Deep knowledge of Colorado motorcycle accident laws
- Over a decade of experience advocating for riders and taking on insurance companies
- Personalized, compassionate legal care
We treat every case as if it may go to trial. We treat every client like they matter—because you do.
📞 Schedule your free consultation today. Let us carry the burden so you can focus on healing.
