How Is Fault Determined in Colorado Motorcycle Accidents?

Why Determining Fault Is Crucial in a Motorcycle Crash

Motorcycle accidents often result in life-changing injuries. Without the protective structure of a car, riders face a much higher risk of serious harm. In the weeks and months after a crash, medical expenses can pile up quickly. You may also be unable to work or care for your family. One of the first questions that must be answered in any motorcycle accident case is who was at fault. 

In Colorado, fault plays a major role in whether you can recover compensation for your injuries, and if so, how much. Fault is not always as clear as it seems. Insurance companies may blame the motorcyclist unfairly, especially if there are no witnesses or if the rider was unable to speak at the scene. That is why it is so important to understand how fault is determined and what evidence matters most.

How Colorado’s Comparative Fault Law Works

Colorado uses a rule called modified comparative fault. Under this system, more than one person can share responsibility for the same accident. Here is how it works:

• If you are found to be 50 percent or less at fault, you can still recover compensation. However, your total compensation will be reduced by your share of fault.
• If you are found to be 51 percent or more at fault, you are not eligible to recover damages.

For example, if your damages are valued at $100,000 and you are found to be 20 percent at fault, your award would be reduced to $80,000. If you were found 55 percent responsible, you would receive nothing. This makes it critical to build a strong case that shows the other party was primarily responsible for causing the crash.

Common Situations That Lead to Motorcycle Accidents

Motorcyclists often ride defensively, but they are still vulnerable to other drivers' mistakes. Many crashes happen because car or truck drivers fail to see or properly respond to motorcycles on the road. Common scenarios where the other driver may be at fault include:

• Making a left turn across the path of an oncoming motorcycle
• Changing lanes without checking blind spots
• Running red lights or stop signs
• Failing to yield the right of way at intersections
• Distracted driving, including texting or adjusting dashboard controls

Motorcyclists may also crash due to road hazards like loose gravel, potholes, or poor signage. In some cases, the government entity responsible for road maintenance or the manufacturer of a defective motorcycle part could share liability.

Evidence Used to Determine Fault

Establishing who was at fault in a motorcycle accident requires a careful review of evidence. Both your legal team and the insurance companies will look at all available documentation to build their case. Important types of evidence include:

• Police Reports: Officers typically respond to serious accidents and prepare official reports that include their observations, any citations issued, and statements from those involved.
• Witness Statements: Independent witnesses who saw the crash can provide key details that support or contradict the accounts of those involved.
• Surveillance or Traffic Camera Footage: Many intersections and businesses are equipped with cameras that can capture the events leading up to a crash.
• Photographs: Pictures of the crash scene, vehicle damage, skid marks, and injuries can help reconstruct what occurred.
• Medical Records: These documents establish the nature and timing of your injuries, which helps connect them directly to the accident.

In some cases, an accident reconstruction specialist may be brought in to analyze the scene, study vehicle damage, and offer expert opinions on how the collision occurred.

What If You Are Partially Blamed?

It is common for insurance companies to argue that the motorcyclist was at least partly responsible. They may claim that you were speeding, weaving through traffic, or riding without proper safety gear. Do not accept these accusations without a thorough review of the facts. Even if you were not wearing a helmet, that does not automatically make you responsible for the crash. 

Your right to compensation depends on whether your actions directly contributed to causing the accident, not just the severity of your injuries. An experienced attorney can challenge unfair claims and make sure that fault is assigned accurately based on the available evidence.

How Long Do You Have to File a Motorcycle Accident Claim?

Colorado law gives you three years from the date of a motorcycle accident to file a personal injury lawsuit. This is known as the statute of limitations. If you miss this deadline, the court will likely dismiss your case, no matter how strong your evidence is. However, it is best to begin the process much sooner. The longer you wait, the harder it becomes to collect witness statements, obtain surveillance footage, or preserve other critical evidence.

Call the Law Office of James P. Colgan for Your Denver Motorcycle Accident

Motorcycle accident cases can be complex. You may be dealing with serious injuries, medical bills, missed work, and emotional stress. Trying to prove fault while managing all of this can be overwhelming. A motorcycle accident attorney can help collect evidence, interview witnesses, consult experts, and handle communication with insurance companies. The goal is to protect your rights, strengthen your claim, and help you recover full and fair compensation.

If you were injured in a motorcycle accident in Colorado and have questions about fault, contact us. At the Law Office of James P. Colgan, we fight for injured motorcyclists across the Denver area and are ready to help you take the next step toward recovery.