Denver Motorcycle Accident Lawyer

What should you do after a motorcycle accident in Denver?

Get medical care first, then protect the evidence, then talk to a lawyer before you talk to the other driver’s insurer. Riders have little protection in a crash, and adjusters know it. These steps help your claim.

1. Call 911 if anyone is hurt. Colorado drivers must report a crash that injures or kills someone to the police right away. Ask for the report number.
2. See a doctor the same day if you can. Concussions, internal injuries and soft tissue damage often show up late.
3. Photograph the scene, the other vehicle, your bike and your injuries. Keep your helmet, jacket and gloves as they are.
4. Get names and numbers for the driver, their insurer and any witnesses.
5. Follow your treatment plan. Gaps in treatment give the insurer a reason to question how badly you were hurt.
6. Keep every bill, repair estimate and receipt.
7. Stay off social media about the crash. Insurers read it.
8. Be careful with adjusters. Give basic contact information only. Don’t give a recorded statement or take an early offer before you know the full extent of your injuries.

For more on the first hours, read what to check after a motorcycle crash.

What causes motorcycle crashes in Denver?

Most crashes come from another driver’s mistake. The causes we see most often are:

• Distracted driving. Drivers who are texting, using a map or looking away often miss a bike.
• Failure to yield. A driver pulls out, turns left across your path or merges into you. See how most motorcycle accidents are caused.
• Impaired driving. Alcohol and drugs slow reaction time and judgment.
• Speeding. More speed means less time to react and a harder hit.
• Unsafe lane changes. A driver moves over without checking mirrors or the blind spot. Crashes can also happen when a rider moves between lanes of traffic and a driver changes lanes suddenly.
• Road hazards. Potholes, loose gravel, uneven pavement and construction zones can take a bike down, and a road that wasn’t kept in safe shape can be someone else’s responsibility.

The roads are the ones every Denver rider knows: I-25, I-70, Colfax Avenue and Speer Boulevard.

What injuries do motorcycle crashes cause?

Riders are more likely to be seriously hurt than people in cars. Common injuries include:

• Traumatic brain injury (TBI), even when a helmet was worn
• Spinal cord injury, which can change how you move and feel
• Fractures and broken bones
• Road rash, skin torn away as you slide across the pavement, which can scar or get infected
• Internal injuries, which may not hurt at first
• Soft tissue injuries, like sprains, strains and tears
• Psychological trauma, including anxiety, flashbacks and fear of riding

Serious injuries can mean a long recovery. We usually wait until your doctors know the full picture before we settle, so you aren’t stuck paying for care later.

Who is liable in a Denver motorcycle accident?

The person whose carelessness caused the crash is liable, and sometimes more than one party is. That might be:

• A driver who turned, merged or pulled out without looking.
• A company that owns the vehicle, if the driver was on the job.
• A manufacturer, if a defect in the bike or a part caused the crash.
• A government agency, if a road defect was the cause. Claims against a government have a short notice deadline of 182 days (C.R.S. § 24-10-109).

We prove fault with the police report, witness statements, traffic and doorbell video, photos, the damage to both vehicles, medical records and, when needed, a crash reconstruction.

Why do insurance companies blame motorcycle riders?

Because blaming the rider lowers what the insurer has to pay. Adjusters may argue that you were speeding, riding recklessly or hard to see, even when the evidence says otherwise.

We push back by doing our own investigation: finding witnesses, pulling video, checking the driver’s phone use and challenging claims that have no support. We also handle every call from the insurer, so you aren’t pressured into a statement.

What if the driver says they didn’t see you?

“I didn’t see him” is not an excuse. Every driver has a duty to drive safely and to look for others on the road, including riders. Failing to notice a motorcycle usually points to distraction, a rushed turn or a skipped mirror check, which is negligence, not an accident nobody could avoid.

When a driver says this, we look at what they were doing instead: phone records, the angle of the turn, where the bike was and what the video shows.

Is a motorcycle case harder to prove?

It can be, because insurers often start by blaming the rider. Early fault calls sometimes lean against riders on assumptions, not facts. Fault can still be proved with:

• Crash reports and photos
• Witness testimony
• Video from traffic cameras, businesses, dash cams or doorbells
• A crash reconstruction, when the facts call for one

The sooner we collect them, the harder they are to dispute.

How can a lawyer help an injured rider?

We investigate, handle the insurers and prepare your case so you can focus on healing. That means:

• A full investigation of the crash and every party who may be responsible
• Handling calls from adjusters so you aren’t pressured into a statement or a quick, low offer
• Gathering your bills, records and proof of lost pay
• Negotiating for a fair settlement, and being ready to file a lawsuit if one isn’t offered

What Colorado rules matter in a motorcycle case?

Three rules come up most: the deadline, the fault rule and the helmet law.

• Deadline. You usually have 3 years from the date of the crash to file a lawsuit (C.R.S. § 13-80-101(1)(n)).
• Fault. You can still recover if you were less than 50% at fault. Your award is reduced by your share of the blame (C.R.S. § 13-21-111).
• Helmets. Riders and passengers under 18 must wear a helmet. Everyone must wear eye protection. Adults may legally ride without a helmet. (C.R.S. § 42-4-1502(4.5)) Wearing one can greatly reduce the risk of serious head injury, and whether you wore one can come up in a claim. We know how to answer it.

What can you recover after a motorcycle accident?

You can claim the money the crash cost you and the harm it did to your life. That includes:

• Medical bills, past and future.
• Lost pay, and lost earning power if you can’t go back to the same work.
• Your motorcycle, gear and other property.
• Pain and suffering, including emotional distress and the things you can no longer do.
• Permanent injury or scarring.

For injury cases filed on or after January 1, 2025, Colorado caps noneconomic damages (like pain and suffering) at $1.5 million per defendant. Damages for physical impairment or disfigurement are not limited by this cap. The cap adjusts for inflation starting in 2028. (C.R.S. § 13-21-102.5 (as amended by HB24-1472)) If the other driver’s insurance is too low, your own UM/UIM coverage may help (C.R.S. § 10-4-609).

What should you do about your motorcycle and gear after a crash?

Keep them as they are until your lawyer says otherwise. The bike itself is evidence. Skid marks on the tires, bent handlebars, a broken brake lever and scrapes on the frame can show how the crash happened and how hard you were hit.

• Don’t repair or sell the bike until it has been photographed and, if needed, inspected.
• Keep your helmet, jacket, gloves and boots. Damage to them shows the force of the impact and where you were hurt.
• Get repair estimates in writing, and keep the towing and storage bills.
• Ask the shop or tow yard to hold the bike if a mechanical defect may have played a part.

If you can’t go and get these things, tell us and we will help arrange it.

How much does a Denver motorcycle accident lawyer cost?

You pay no fee unless we win. We work on contingency, so our fee is a percentage of what we recover, explained in writing before you sign. The first consultation is free. Talk to us for a free case review.