Why Motorcycle Crash Claims Are Different From Car Accident Cases
“There’s also a bit of a stigma that goes along with these cases where you see some of those younger guys flying around on the highway and suddenly every rider is that person in your mind. It plays into the biases that people have that motorcyclist are taking these crazy risks when really most do not and they have just as much right to be on roadway as anyone else.”
Jason Jordan, Founder and Lead Trial Lawyer
Bias. That’s the biggest difference. We see it in every motorcycle accident case we handle. The adjuster looks at the claim and starts building a story: the rider was going too fast, weaving through traffic, being reckless. They do this before they’ve even reviewed the police report. Most riders have no idea this is happening.
Colorado’s modified comparative negligence law under C.R.S. § 13-21-111 gives adjusters a powerful tool. If they can pin 50% or more of the fault on you, your recovery drops to zero. So they dig. They’ll point to the fact you weren’t wearing a helmet. Never mind that Colorado law makes helmets optional for riders 18 and older under C.R.S. § 42-4-1502. They’ll argue it anyway, hoping a jury connects “no helmet” with “reckless behavior.” We’ve fought this exact argument in Greenwood Village cases where the rider did nothing wrong.
The injuries are different too, and that changes how the case is built. A car driver walks away from a 30 mph collision with a sore neck. A motorcyclist at that same speed can end up with road rash covering half their body, a shattered femur, or a traumatic brain injury. The medical costs stack up fast. Future surgeries, skin grafts, months of rehab. There’s no cap on economic damages in Colorado, so documenting every dollar of future care matters.
Then there’s the lane filtering question. Since SB 24-079 took effect in August 2024, riders can filter between stopped lanes under certain conditions. But adjusters are already twisting this new law to argue riders were “splitting lanes” illegally. Nine times out of ten, they’re misrepresenting what the statute allows.
Here’s what a car accident case doesn’t require: fighting the assumption that the injured person had it coming. That’s what makes motorcycle cases harder. And that’s why you need a motorcycle accident lawyer who’s handled this specific kind of pushback before. Our team at Jordan Law has secured a $45 million motorcycle settlement and a $42 million motorcycle verdict right here in Colorado. Those results don’t happen without understanding how to dismantle rider bias from day one. That’s the standard we bring to every request for injury claim help in Greenwood Village.
For a free legal consultation with a motorcycle accident lawyer serving Greenwood Village, call (303) 465-8733
How Colorado Fault Laws Apply to Your Motorcycle Accident
Insurance adjusters love motorcycle cases. Not because they’re. Because they think riders are to blame.
Colorado follows a modified comparative negligence rule under C.R.S. § 13-21-111. Here’s what that means in plain English: you can still recover money even if you were partly at fault, but only if your share of fault stays below 50%. Hit that 50% mark or above, you get nothing. Zero. And the insurance company knows this, so their entire strategy is built around pushing your fault number as high as possible.
We see this play out hundreds of times. A rider gets hit by a left-turning driver near the Landmark entertainment district in Greenwood Village. Clear violation by the car. But the adjuster pulls up the police report, finds the rider wasn’t wearing a helmet, and suddenly argues the injuries would have been less severe. Or they’ll claim you were going five over the speed limit on Yosemite Street. That you didn’t brake soon enough. That your headlight wasn’t bright enough at dusk.
None of that changes who caused the crash. But it shifts fault percentages, and every percentage point costs you money. If a jury finds you 30% at fault on a $1 million verdict, you walk away with $700,000. The insurance company just saved $300,000 by convincing someone you share blame.
Colorado’s helmet law is optional for adults over 18 under C.R.S. § 42-4-1502. That’s the law. But adjusters treat no helmet like an admission of recklessness. They’ll argue it to a jury even though it has nothing to do with who ran the red light. Lane filtering became legal in August 2024 under SB 24-079, yet we already see insurers trying to twist lawful filtering into “reckless riding.”
This is where having a motorcycle accident lawyer who actually tries cases changes the math. Insurance companies know which firms will fold at a lowball offer and which ones will put this in front of a jury. That reputation shapes every negotiation from day one.
Steps to Take Immediately After a Motorcycle Accident
The first few hours after a crash matter more than most riders realize. We’ve seen strong cases fall apart because evidence disappeared or a recorded statement got twisted. What you do right now shapes everything that comes later.
You’re probably hurt, running on adrenaline, and not thinking clearly. That’s normal. But if you can manage it, there’s a short list of moves that protect you.
Call 911 and stay at the scene. Colorado law requires it, and the police report becomes a key piece of your case. Officers will document road conditions, witness statements, and the other driver’s information. Along corridors like Yosemite Street or near the I-25 and Arapahoe Road interchange in Greenwood Village, responding units usually arrive fast. Let them do their job.
Get medical attention that same day. Even if you feel okay. Adrenaline masks broken bones, internal bleeding, and head injuries. Sky Ridge Medical Center is close. Go there. The ER visit creates a medical record that links your injuries directly to the crash. Wait three days and the insurance adjuster will argue your injuries came from something else. We see this play out constantly.
Document everything you can. Use your phone. Photos of the scene, your bike, the other vehicle, skid marks, traffic signals, road debris. Get the other driver’s insurance info and plate number. If bystanders saw it happen, grab their names and numbers before they leave.
Do not give a recorded statement to the other driver’s insurance company. They’ll call fast, sometimes that same evening. They sound friendly. They’re not. Every question is designed to get you to say something that reduces your claim. “You’re feeling okay though, right?” is not small talk. It’s a trap.
Call a motorcycle accident lawyer before you sign anything. Riders who don’t know their rights under Colorado’s modified comparative negligence rule (C.R.S. § 13-21-111) are targets. Adjusters will try to pin partial fault on you early, and anything you say can be used to push your fault percentage toward that 50% bar where your recovery drops to zero.
Not sure if your situation is serious enough to call? It almost always is.
Greenwood Village Motorcycle Accident Lawyer Near Me (303) 465-8733
What Jordan Law Does to Build Your Motorcycle Accident Case
Most motorcycle accident cases aren’t won in the courtroom. They’re won in the months before, when your legal team is doing the work that makes the other side nervous. We’ve recovered over $550 million in verdicts and settlements, including a $45 million motorcycle settlement that stands as one of the largest motor vehicle accident settlements in Colorado history. That result didn’t happen by accident. It happened because we built an airtight case before the defense ever saw it coming.
Here’s what the process actually looks like once you call our Greenwood Village office.
Evidence lockdown comes first. We send preservation letters to every party involved, their insurers, and any business with surveillance footage near the crash site. Dashcam video from nearby drivers along Yosemite Street or Arapahoe Road gets overwritten fast, sometimes within 72 hours. We move on day one. We pull the police report, photograph the scene, and get your bike inspected before anyone touches it.
Medical documentation runs parallel. Sarah Freedman and our pre-litigation team connect you with specialists who understand motorcycle injuries. Road rash, orthopedic fractures, traumatic brain injuries. We see riders get discharged from the ER with “minor injuries” all the time, only to discover weeks later they’ve got a torn labrum or a concussion that never got flagged. We make sure the right doctors are looking at the right things from the start.
Liability investigation goes deep. We don’t just read the police report and call it done. We hire accident reconstructionists, pull cell phone records, subpoena traffic camera footage from CDOT, and depose witnesses. If a driver near the DTC Parkway corridor claims they “didn’t see” you, we prove exactly where they were looking and why that’s not your problem.
And here’s what matters most. Insurance companies know which firms try cases. About 85% of our litigation comes from attorney referrals, often from high-volume firms that need someone to actually take a case to trial. That reputation changes the math on every offer we negotiate for you.
Damages Recoverable After a Greenwood Village Motorcycle Crash
Most riders we talk to don’t realize how many categories of damages apply to their case. They’re thinking about the bike and the hospital bill. That’s a fraction of it.
Colorado law splits damages into two buckets. Economic damages cover everything with a receipt or a dollar figure attached. Medical bills, lost wages, future surgeries, rehab costs, home modifications if you can’t use stairs anymore. There’s no cap on economic damages in Colorado. None. So if your future care costs run into the millions, that full number goes to the jury. We’ve handled Greenwood Village motorcycle accident cases where a single rider’s lifetime medical needs exceeded what most people earn in a career.
Noneconomic damages cover the things you can’t put a receipt on. Pain. Loss of enjoyment of life. The fact that you used to ride every weekend through the Orchard Road corridor and now you can’t sleep without medication. Under HB 24-1472, effective January 2025, noneconomic damages cap at roughly $1.5 million. But that cap can be exceeded if we prove the harm warrants it by clear and convincing evidence. And in wrongful death motorcycle cases, the cap sits around $2.125 million with an exception for felonious killing.
Then there’s punitive damages. If the driver was texting, drunk, or doing something reckless, Colorado allows punitive damages equal to compensatory damages under C.R.S. § 13-21-102. On clear and convincing evidence, the court can treble that amount to three times compensatory. We secured a $42 million verdict in a left-turn motorcycle collision. A big part of building that number was documenting every loss from day one.
Most riders don’t know any of this going in. That’s exactly what adjusters count on. They’ll offer a number that covers your ER visit and maybe a month of lost pay. That number ignores future treatment, lost earning capacity, and every noneconomic loss you’ll carry for years. Nine times out of ten, the first offer doesn’t even cover the medical liens already filed against your case. Don’t accept it. Don’t sign anything. Let us look at the full picture first.
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Frequently Asked Questions
How does Colorado’s fault law affect my motorcycle accident claim in Greenwood Village?
Colorado’s modified comparative negligence rule means you can lose your entire recovery if you’re found 50% or more at fault. Insurance adjusters near areas like the Landmark entertainment district will look for anything to push your fault percentage up — no helmet, speed, lane position. Every percentage point they shift to you costs you money. A motorcycle accident lawyer who knows how adjusters work in Greenwood Village can fight back against that strategy from day one.
What should I do right after a motorcycle crash on Yosemite Street or near I-25 and Arapahoe Road?
Call 911, stay at the scene, and get medical care the same day — even if you feel fine. Adrenaline hides serious injuries. Sky Ridge Medical Center is close and can document your injuries right away. Take photos of everything: your bike, the other vehicle, skid marks, and road conditions. Do not give a recorded statement to the other driver’s insurance company. That call will come fast, and it is not friendly.
Does not wearing a helmet hurt my motorcycle accident case in Colorado?
Colorado law makes helmets optional for riders 18 and older under C.R.S. § 42-4-1502, so not wearing one is legal. But insurance adjusters will still use it against you. They try to connect ‘no helmet’ with ‘reckless behavior’ in front of a jury. A good motorcycle accident lawyer will shut that argument down by showing it has nothing to do with who caused the crash.
Is lane filtering legal in Colorado, and can it be used against me in a claim?
Yes, lane filtering became legal in August 2024 under SB 24-079, but only under specific conditions. Adjusters are already misreading this law to argue riders were ‘splitting lanes’ illegally. If you were filtering lawfully and got hit, that should not reduce your recovery. Having a lawyer who understands the exact language of the new statute is the difference between a fair settlement and a lowball offer.
How is a motorcycle accident case different from a regular car accident claim?
Motorcycle cases start with a bias problem that car accident cases do not have. Adjusters assume the rider was reckless before they even read the police report. The injuries are also far more serious — road rash, shattered bones, and brain injuries are common at speeds that would leave a car driver with minor soreness. That means more medical costs, more documentation, and a stronger fight to recover what you actually need.
When should I contact a motorcycle accident lawyer in Greenwood Village?
Contact a lawyer before you talk to any insurance company — including your own. The other driver’s insurer may call the same evening as your crash. The sooner a lawyer is involved, the better your evidence is protected and the harder it is for adjusters to build a story against you. Early involvement also gives your attorney time to gather witness statements, preserve camera footage, and document road conditions before they change.
Why You Should Hire Jordan Law
At Jordan Law, we have experience helping motorcycle accident victims. We understand Colorado laws and know how to build a strong case. Our team will listen to you, answer your questions, and fight for what you deserve.
About Contingency Fees
You may worry about the cost of a lawyer, but at Jordan Law, we work on a “contingency fee” basis. This means we don’t get paid unless you win. You won’t pay anything upfront, so you can focus on getting better.
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Our Greenwood Village, Colorado Office Location
Our main office is located in Greenwood Village, also known as the Denver Tech Center, just south of Downtown Denver.
Jordan Law Accident and Injury Lawyers
5445 DTC Parkway Suite 1000 Greenwood Village CO 80111
Hesitant to Call a Lawyer?
Don’t be. Many people who need a personal injury lawyer wait too long to call one — not because they don’t need help, but because they’re intimidated, overwhelmed, or afraid of doing something “wrong.” At Jordan Law, attorney Sarah Freedman sees this every day.
Calling an attorney is easy and shouldn’t cause stress. A free consultation is simply a conversation — we can do it in person, on the phone, or via Zoom. We want to know what happened and whether we can help. If we can, great. If not, we’ll tell you honestly and recommend other attorneys we trust. Learn more about what to expect.
