Were you injured in a motorcycle accident in Colorado? Colorado’s mountain passes, canyon roads, and long open highways make it a popular place to ride, but motorcyclists face serious risks every time they share the road. When a driver fails to see a rider, the results can be life-changing.
Motorcycle accident claims also come with their own challenges, including bias against riders. This guide covers Colorado’s motorcycle laws, how fault is decided, and the steps that protect your claim.
What are the most common causes of motorcycle accidents?
- Drivers making left turns in front of an oncoming motorcycle
- Drivers changing lanes without checking blind spots
- Rear-end collisions in stop-and-go traffic
- Distracted driving, especially phone use
- Gravel, potholes, and poorly maintained mountain roads
- Opening car doors into a rider’s path
What motorcycle laws should Colorado riders know?
- Helmets: Colorado requires riders and passengers under 18 to wear a helmet. Adults 18 and older are not required to wear one, although helmets greatly reduce the risk of serious head injury.
- Eye protection: Riders and passengers must generally wear eye protection such as goggles, glasses, or a face shield, unless the bike has a suitable windshield.
- Lane filtering: Since 2024, Colorado law allows motorcyclists to filter between stopped vehicles under limited conditions at low speeds. Lane splitting through moving traffic is still not allowed.
- Endorsement: Riders must have a motorcycle endorsement on their Colorado driver’s license.
Breaking one of these rules does not automatically end your claim, but insurers may use it to argue that you share some of the blame.
How does fault work in a Colorado motorcycle accident?
Colorado uses a modified comparative negligence rule. You can recover compensation as long as your share of fault is less than the other party’s. Your compensation is reduced by your percentage of fault, and if you are found 50 percent or more at fault, you cannot recover from the other driver.
Insurance adjusters sometimes assume riders were speeding or acting recklessly. Evidence such as photos, witness statements, helmet-camera footage, and accident reconstruction can be critical in pushing back on these assumptions.
How long do you have to file a motorcycle accident claim in Colorado?
Lawsuits for injuries from a motor vehicle accident, including motorcycle crashes, generally must be filed within three years of the accident under C.R.S. section 13-80-101. If a government vehicle or a dangerous public road was involved, a written notice of claim is generally due within 182 days. Wrongful death claims generally must be filed within two years.
What insurance covers a motorcycle accident?
Because Colorado is an at-fault state, the at-fault driver’s liability insurance is usually the first source of compensation. Colorado drivers must carry at least $25,000 per person and $50,000 per accident in bodily injury coverage, which is often not enough for serious motorcycle injuries. Your own policy may also help through:
- Uninsured/underinsured motorist (UM/UIM) coverage, if the driver had no insurance or too little
- Medical payments (MedPay) coverage, which helps pay medical bills regardless of fault
- Health insurance, which may cover treatment while the claim is pending
What should you do after a motorcycle crash?
- Call 911 and accept medical evaluation, even if you think you are fine.
- Report the crash to police and get the report number.
- Photograph your bike, the other vehicle, the road surface, and your gear.
- Keep your damaged helmet and riding gear. They can be important evidence.
- Collect witness names and phone numbers.
- Avoid posting about the accident on social media.
- Do not give a recorded statement to the other driver’s insurer without advice.
What compensation can injured riders recover?
Injured motorcyclists may recover medical expenses, rehabilitation, lost income, future lost earning capacity, motorcycle repair or replacement, damaged gear, and non-economic damages such as pain and suffering, subject to Colorado’s damage caps where they apply.
Should you speak with a motorcycle accident lawyer?
If you suffered serious injuries or the insurer is blaming you for the crash, speaking with a Colorado personal injury attorney who understands motorcycle cases can help. Most offer free consultations and work on a contingency fee basis.
This article provides general information about Colorado law and is not legal advice. Every case is different. Speak with a licensed Colorado attorney about your specific situation.