How Fault is Determined in a Motorcycle Accident Case
Request Free ConsultationIf you sustained injuries in a motorcycle crash, the question about how to determine fault may weigh on your mind. The short answer: Lawyers typically determine fault by examining driver behavior, traffic laws, witness statements, and any available physical or technical evidence.
Colorado’s modified comparative negligence rules mean that if you are found less than 50% at fault, you may have a path to recover damages.
Because of the complexities of these cases and the biases riders often face, an experienced motorcycle accident lawyer can gather the facts, fight back against prejudices, and negotiate with insurance companies.
Fuicelli & Lee is here to handle the legal details.
Several of our attorneys are former prosecutors with extensive trial experience, and the firm handles challenging motorcycle accident claims in Denver and throughout Colorado. Below, we explore what to expect after a motorcycle accident, how to decide fault, and how Fuicelli & Lee approaches a case.
Colorado Motorcycle Traffic Laws and Rider Rights
Colorado has laws to keep everyone on the road safe, including motorcyclists. Riders have the same rights and obligations as other motorists and must follow the rules of the road. In many collisions, liability can hinge on whether another driver violated these rules.
A few notable Colorado laws relevant to motorcyclists:
- Lane Splitting: Colorado law does not allow lane splitting (riding between lanes of traffic). Motorcyclists may, however, ride two abreast in the same lane if both riders agree. And Colorado motorcycles can lane-filter—passing a completely stopped vehicle in an unoccupied portion of the same lane.
- Helmet Requirements: Riders and passengers 18 years of age or older are not legally required to wear helmets, though riders younger than 18 must wear DOT-approved helmets.
- Eye Protection: All riders must wear eye protection, such as goggles or a visor on their helmets, unless the motorcycle has a windscreen.
- Rights of Way: Motorcyclists have the same right to a lane as any other vehicle. Other drivers must respect that right and use caution when merging or changing lanes.
Those who drive cars or trucks around motorcyclists have legal responsibilities, too. Checking mirrors, avoiding distractions, and following traffic signals can help prevent collisions. Yet many motorcycle accidents occur because other drivers do not notice or respect motorcycles on the road.
Riders often feel invisible in traffic, even if they follow every regulation. This invisibility arises from a driver’s inattentiveness or a misunderstanding of a motorcycle’s speed or lane positioning.
When collisions happen, the law addresses who is at fault based on each driver’s behavior. For example, if an individual was texting, speeding, or ignoring traffic signs, these details could point to fault.
Bias Against Motorcycle Riders in Insurance Claims
Motorcycle riders face stereotypes that can color how insurance companies handle these claims. Adjusters might argue that a rider was driving recklessly or weaving in and out of traffic, even when the evidence does not support such claims.
Some insurance representatives still use language suggesting that riding a motorcycle is inherently risky.
This negative perception can create an uphill battle. Instead of treating the case like any other vehicle collision, insurers sometimes assume the rider contributed to the accident.
They might:
- Claim the rider broke the speed limit
- Suggest the rider split lanes
- Attribute the rider’s injuries to failure to wear a helmet
- Portray riding a motorcycle itself as reckless
A skilled legal approach helps counter these tactics. If a driver who failed to yield or merged without looking caused the accident, any attempt to blame the rider may not stand.
Fuicelli & Lee knows the biases that motorcyclists often face in injury cases. The firm addresses these prejudices by compiling strong evidence and telling the rider’s story.
A motorcycle accident attorney can also work to show the insurance company that they will compellingly present a case at trial if negotiations do not yield a fair settlement.
Steps for Determining Fault in a Motorcycle Accident Case
Examining Police Reports
Police officers who respond to a crash will document observations such as road conditions, vehicle positions, statements from parties involved, and any tickets issued at the scene. Although a police report itself does not automatically decide legal responsibility, insurance companies pay close attention to the officer’s findings.
Reviewing Witness Statements
Statements from bystanders, passengers, or other drivers can paint a picture of what happened in the moments before impact. Consistent witness accounts can help confirm that the at-fault driver swerved, failed to yield, or took another unsafe action.
Looking at Vehicle Damage and Road Conditions
Vehicle damage can indicate the angle of impact or the force of the collision. Skid marks, debris fields, and other roadway evidence can also shed light on how the accident happened. Accident reconstruction experts sometimes analyze these details to determine where fault lies.
Assessing Video or Photographic Evidence
Many intersections in Denver and surrounding areas have traffic cameras. Nearby businesses or private residences may also have security video that captured the collision. Cell phone videos or photos taken at the scene can show the positioning of vehicles. That evidence can support a claim.
Evaluating Driver Behavior
One crucial element in determining fault is whether a driver obeyed traffic laws. If a driver broke the speed limit, tailgated, or let a cell phone distract them, these facts may show that the driver acted negligently or recklessly.
In Colorado, ignoring traffic signals, failing to use turn signals, or following a motorcycle too closely could indicate fault if those actions led to the crash.
All these pieces fit together in a liability puzzle. Colorado law sets the framework for weighing each driver’s actions and determining whether the motorcyclist has a claim for damages.
Insurance Tactics and How a Willingness to Go to Trial Strengthens Negotiations
To minimize payouts, insurance companies may:
- Delay the Claim: Hoping the victim will accept a lower offer out of frustration.
- Offer Lowball Settlements: Offering a settlement well below what an injury actually costs to see if the motorcyclist will take the money quickly.
- Mischaracterize the Rider’s Actions: Painting the rider as reckless to deflect fault from the insured driver.
- Dispute Medical Treatments: Questioning whether certain medical procedures or ongoing therapies are warranted or related to the crash.
When attorneys have a track record of successfully arguing court cases, they often motivate the insurance company to resolve the matter fairly. Going to trial involves time and legal fees for the insurance company, and a jury may side with the injured rider once all the facts come to light.
Fuicelli & Lee thrives in trial work. Several of its attorneys are former prosecutors who have spent substantial time in the courtroom. This comfort level with litigation means the firm will not accept a quick, inadequate settlement. Instead, it takes steps to pursue complete compensation—an approach that often encourages insurance carriers to negotiate more sincerely.
Damages and Recoverable Losses After a Motorcycle Crash
When a rider is hurt because of someone else’s negligence, the law in Colorado provides a path for recovering losses.
These could include:
- Medical Bills: Covering hospital stays, surgeries, medication, doctor appointments, rehabilitation, and other healthcare expenses related to the crash.
- Lost Income: If injuries keep you from working for a period of time or reduce your earning capacity, the compensation might include these losses.
- Future Medical Care: Motorcycle accident injuries needing ongoing treatment or long-term care.
- Pain and Suffering: A financial award for the physical and emotional toll of the accident.
- Property Damage: Repair or replacement costs for a motorcycle or other personal property damaged in the accident.
Insurance companies frequently push back on pain and suffering or future medical care. Our legal team gathers medical evidence and consults healthcare professionals to connect the rider’s future care or diminished earning capacity to the crash.
Contingency Fees and Relieving Worry About Cost
One of the biggest concerns for someone hurt in a motorcycle accident is the cost of hiring a lawyer. Fuicelli & Lee handles personal injury cases on a contingency fee basis. That means our firm’s fees come from a percentage of the settlement or court award, and clients pay no attorney fees unless we recover compensation for them.
This structure allows injured motorcyclists to seek legal help without paying upfront. Contingency fees can take the stress out of worrying about hourly rates or retainers during a period of physical and financial uncertainty.
Statute of Limitations and Timelines
Colorado law sets a time limit to file a lawsuit after an injury. For general personal injury cases, the statute of limitations is two years. For motor vehicle accidents, it extends to three years from the crash date. Missing these deadlines can bar you from pursuing a claim at all.
In motorcycle accident cases, consult an attorney as soon as possible.
Contacting a lawyer promptly allows for:
- Timely preservation of evidence
- Locating and interviewing witnesses while memories are fresh
- Conducting a thorough crash investigation
- Coordinating medical records and assessments
Waiting until the last minute to file can limit options for a thorough case. Early legal intervention can meet all deadlines and maximize your chances for a successful claim.
Working With Fuicelli & Lee
Fuicelli & Lee welcomes direct calls, online inquiries, and virtual consultations. If you have questions about how to determine fault in your motorcycle crash, you can discuss your situation with us.
Virtual Case Management
Life after a motorcycle crash might involve doctors’ appointments, physical therapy, or limited mobility. The firm offers virtual options to make communication easier, so you can focus on healing rather than traveling.
Serving All of Colorado
Fuicelli & Lee represents clients throughout the state. Whether you live in a rural area or a busy urban center, virtual and phone-based services can help you stay connected with a dedicated attorney.
Referrals and Collaboration
Fuicelli & Lee receives about 80% of its cases through referrals. If you are a lawyer with a strong but difficult motorcycle accident claim, call to see how Fuicelli & Lee can collaborate. The firm can provide support, trial resources, and the level of litigation necessary to help the client pursue fair compensation.
Contact our Denver Office for a Free Consultation
Driver behavior, evidence at the scene, witness statements, and any applicable traffic laws under Colorado’s modified comparative negligence system usually determine fault in a Denver motorcycle accident case.
Insurance companies can bring biases about motorcyclists to the table, and they may try to push a quick settlement that does not reflect the extent of an injured rider’s losses.
Fuicelli & Lee works to counter these strategies. The firm can investigate, negotiate, and—if necessary—take the case to court. This approach often encourages insurers to address claims in a fair manner and can lead to a settlement that reflects a rider’s medical costs, lost income, pain and suffering, and more.
Because you pay no attorney fees without a recovery, you can pursue legal representation without worrying about costs upfront. Reach out soon after a crash to preserve evidence, witness accounts, and other crucial details.
Fuicelli & Lee is committed to seeking full, fair, and complete compensation for every client. With the right legal approach, motorcycle riders who suffered harm can have a chance to move forward.
If you or a loved one has questions, contact personal injury attorney at Fuicelli & Lee. You can reach our Denver office at 303-444-4444 or contact us online.