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Colorado Springs Motorcycle Accident Lawyer

Q: What should I do after a motorcycle accident in Colorado Springs?

Do not let the bike be moved or repaired. In a motorcycle case the machine is the evidence — the position of the damage decides the impact angle, and once it is straightened or sold the argument is unwinnable. Beyond that: get police to the scene, get treated the same day (a rider who walks away and stiffens up two days later is the classic disputed claim), and photograph the road surface, any gravel, paint or defect, and where each vehicle came to rest. Keep the helmet and the gear too, damaged as they are.

Q: Does Colorado have a motorcycle helmet law?

Only for riders and passengers under eighteen. C.R.S. 42-4-1502(4.5)(a)(I) requires that "each person under eighteen years of age is wearing a protective helmet of a type and design manufactured for use by operators of motorcycles" — adults are free to ride without one, and riding without one is not negligence. It matters to the claim in one narrow way: an insurer will raise it against head-injury damages specifically. It has nothing to do with who caused the crash, and it cannot reduce a broken-leg claim.

Written by Timothy R. Bussey · Reviewed by Benjamin Wilcox · Last updated 27 September 2026

Key Takeaways

Deadline: 3 years if a motor vehicle was involved (C.R.S. 13-80-101(1)(n)); 2 years for most other injury claims (C.R.S. 13-80-102).
If you were partly at fault: damages are reduced by your share and barred entirely at 50% (C.R.S. 13-21-111).
Where it is filed: El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903.

What should I do after a motorcycle accident in Colorado Springs?

Do not let the bike be moved or repaired.

In a motorcycle case the machine is the evidence — the position of the damage decides the impact angle, and once it is straightened or sold the argument is unwinnable. Beyond that: get police to the scene, get treated the same day (a rider who walks away and stiffens up two days later is the classic disputed claim), and photograph the road surface, any gravel, paint or defect, and where each vehicle came to rest. Keep the helmet and the gear too, damaged as they are.

Does Colorado have a motorcycle helmet law?

Only for riders and passengers under eighteen.

C.R.S. 42-4-1502(4.5)(a)(I) requires that "each person under eighteen years of age is wearing a protective helmet of a type and design manufactured for use by operators of motorcycles" — adults are free to ride without one, and riding without one is not negligence. It matters to the claim in one narrow way: an insurer will raise it against head-injury damages specifically. It has nothing to do with who caused the crash, and it cannot reduce a broken-leg claim.

Motorcycle accident videos from The Bussey Law Firm

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

Why do you need an attorney right away after a motorcycle accident? Because motorcyclists are one of the most vulnerable motorists on the road, and the moments after a crash are critical to protecting your case and your future.

Published August 12, 2025 · 0:45 · Watch on YouTube

Why Motorcycle Accident Victims Need an Experienced Attorney

Motorcycle riders are the most vulnerable people on the road. When a collision happens, the injuries are often severe and the stakes are incredibly high. You need more than just any attorney. You need a legal team that understands the unique dangers motorcyclists face and knows how to fight for the compensation you deserve.

Published August 12, 2025 · 0:36 · Watch on YouTube

Reckless Driving Charged Turned Into $150,000 Motorcycle Accident Settlement

If you have been injured in a motorcycle accident that was not your fault in Colorado, the most important steps are to protect the evidence, push back against any attempt to blame you for the crash, and work with a personal injury attorney who can reconstruct what actually happened on the road.

Published May 28, 2026 · 5:59 · Watch on YouTube

Are You in Need of a Colorado Springs Motorcycle Accident Lawyer?

Unlike car crashes, motorcycle crashes almost always result in serious injuries due to the rider’s lack of protection. Add in the fact that motorcyclists are often unfairly blamed, and you’ve got a recipe for legal complexity.

Hiring an experienced motorcycle accident lawyer gives you a fighting chance to recover the compensation you truly deserve. From filing the paperwork to negotiating with aggressive insurers, we’ll do the heavy lifting so you can focus on healing.

If you were harmed in a motorcycle accident, contact The Bussey Law Firm, P.C., at (719) 475-2555 to schedule a FREE consultation with one of our experienced Colorado Springs personal injury attorneys today.

Why Choose Us Over Other Motorcycle Accident Attorneys in Colorado Springs?

Timothy R. Bussey has been helping motorcycle riders in Colorado Springs for over 30 years. At The Bussey Law Firm, P.C., we have a proven track record of securing maximum compensation for clients.

The Bussey Law Firm, P.C. | Motorcycle Accident Law Firm in Colorado Springs

Free consultation
We’ve won millions for our clients, including $1,375,000 for the family of a motorcyclist killed in a crash
Recognized as a Fellow by the Litigation Counsel of America (LCA)
Named a Top 10 Trucking National Trial Lawyers in Colorado
Recipient of the Martindale-Hubbell Gold Client Champion Award
Featured on the Cover of Colorado Springs Magazine

Do You Have a Motorcycle Accident Case?

Many riders assume they don’t have a case unless the other driver admits fault, and this almost never happens. But if you were injured because someone else was careless, chances are you’re entitled to file a motorcycle accident claim.

You may have a valid case if:

The other driver was distracted, speeding, or failed to yield.
You needed medical care for your injuries.
The accident caused you financial losses or emotional suffering.
You’re dealing with long-term disability, scarring, or disfigurement.

Even if you’re partially at fault, Colorado law may still allow you to recover damages.

Let’s Talk More About Your Case | Call The Bussey Law Firm, P.C. at (719) 475-2555

Determining Liability in Colorado Springs After a Motorcycle Accident

In order to win a motorcycle accident case, your attorney must show that the other party was legally at fault for the collision. This is done by proving negligence.

Legal Definition of Negligence in Motorcycle Crashes

Negligence occurs when a driver fails to exercise reasonable care, causing harm to someone else. In a motorcycle case, that often involves a driver:

Making an unsafe lane change
Failing to yield
Speeding
Tailgating
Running a red light or stop sign
Driving while distracted
Driving under the influence
Fatigued driving

Proving the Driver Breached a Duty of Care

To win a motorcycle accident claim, four elements must be proven:

Duty of Care: The driver owed you a legal obligation to drive safely.
Breach of Duty: The driver violated that duty (e.g., speeding, texting, failing to check blind spots).
Causation: The driver’s actions directly led to your injuries.
Damages: You suffered physical, emotional, or financial harm as a result.

Our firm gathers evidence from the scene, secures expert testimony, and works with medical professionals to show how the accident impacted your life.

Your motorcycle accident lawyer will investigate the accident and file a claim against anyone whose negligent behavior contributed to your injuries. This process includes examining police reports, witness statements, accident scene photos, and any video footage from surveillance cameras or dashcams. Your attorney can also review evidence from the accident scene, such as skid marks and vehicle damage.

Colorado’s Comparative Fault Laws: What Riders Should Know

Motorcycle accident claims in Colorado are often shaped by comparative fault laws, which determine how much compensation you’re eligible to receive if you’re found partially responsible for the crash.

How Shared Fault Affects Your Compensation

Colorado follows a modified comparative negligence rule under C.R.S. § 13-21-111. This means:

If you are less than 50% at fault, you can still recover damages.
Your compensation will be reduced by your percentage of fault.
If you are 50% or more at fault, you cannot recover damages.

Example: If you’re awarded $100,000 but found 20% at fault, you would receive $80,000.

Addressing Unfair Insurance Company Tactics

Insurance companies often argue that motorcyclists are reckless or speeding, regardless of the facts. Our legal team works to counter these unfair tactics with:

Eyewitness statements
Surveillance or dashcam footage
Accident reconstruction experts
Traffic signal and GPS data
Medical evidence proving injury severity

We fight to ensure you’re not unfairly blamed or undercompensated for injuries caused by someone else’s negligence.

Whose insurance pays after a motorcycle crash, and who had the right of way?

A driver turning left must yield to an oncoming motorcycle that is in the intersection or close enough to be an immediate hazard, and when that driver’s insurance runs out, your own uninsured/underinsured motorist coverage can pay the difference. In Colorado that coverage is added on top of the at-fault driver’s limits rather than reduced by them.

Colorado rules that decide who pays after a motorcycle crash. Source: Colorado Revised Statutes, 2024 official publication (C.R.S. 42-4-702, C.R.S. 10-4-620, C.R.S. 10-4-609).
Situation	Colorado rule	C.R.S.
A driver turns left across your path	The left-turning driver must yield to any vehicle approaching from the opposite direction that is within the intersection or so close as to be an immediate hazard	42-4-702
The least bodily-injury coverage a Colorado auto policy must carry	$25,000 for any one person and $50,000 for all persons in one accident	10-4-620
The at-fault driver has no insurance, or too little	Your own uninsured/underinsured motorist (UM/UIM) coverage pays; insurers must include it unless the named insured rejects it in writing	10-4-609(1)(a), (4)
Does UM/UIM shrink by what the other driver’s insurer pays?	No. It is in addition to the other driver’s liability coverage, covers the difference up to your own UM/UIM limit, and is not reduced by a setoff from other coverage	10-4-609(1)(c)
How much UM/UIM your insurer must offer	An amount equal to your own bodily-injury liability limits	10-4-609(2)

The firm’s largest published motorcycle result, $1,375,000 for the parents of a rider killed when a driver turned left and failed to yield, is listed on our case results page. When a crash is fatal, the family’s claim follows the rules on our wrongful death page.

Common Injuries Caused by Motorcycle Accidents

Road rash occurs when a rider is thrown from the bike and skids across the pavement, causing layers of skin to be scraped away. Beyond immediate pain and discomfort, road rash carries risks of infection and permanent scarring. Surgical treatment may be required for the injured rider.

Head injuries are among the most serious consequences of motorcycle accidents. These injuries can range from concussions to traumatic brain injuries (TBIs), both of which can have long-term impacts on a rider's health and quality of life. Concussions are caused by a sudden jolt or blow to the head, leading to symptoms like headaches, dizziness, and cognitive difficulties. A TBI may result in permanent brain damage, affecting memory, motor function, and emotional stability.

Spinal cord injuries may lead to partial or complete paralysis, significantly impacting a person's quality of life. The severity of spinal cord injuries depends on the location and extent of the damage. Injuries higher up on the spinal column can result in quadriplegia, affecting all four limbs, while lower injuries may cause paraplegia, impacting the lower half of the body. Beyond mobility issues, spinal cord injuries often lead to chronic pain, loss of sensation, and other complications like respiratory difficulties and bladder control issues.

Bone fractures may occur in various parts of the body, including the arms, legs, ribs, and collarbone. These fractures can range from simple breaks that only require a cast to complex fractures needing surgical intervention and extensive rehabilitation. Symptoms typically include severe pain, swelling, and an inability to move the affected area.

Nerve damage is another serious consequence of motorcycle accidents that can significantly impact a victim's quality of life. This type of injury occurs when the nerves are stretched, compressed, or severed due to the force of the crash. Common symptoms of nerve damage include numbness, tingling, muscle weakness, and loss of function in the affected area. In severe cases, it can lead to chronic pain or even permanent disability.

Whiplash occurs when the neck is rapidly jerked back and forth, leading to strain or sprain of the neck muscles and ligaments. Symptoms include neck pain, stiffness, headaches, dizziness, and debilitating long-term chronic pain.

Biker's arm typically occurs when a motorcyclist is thrown from their bike during an accident. The force of the impact can result in the upper limbs absorbing significant trauma. Common signs include numbness or tingling in the upper limbs, particularly in the fingers and hands. Motorcyclists may also experience severe pain, weakness, or a burning sensation in the affected areas. There may be noticeable muscle atrophy or a decrease in the ability to perform fine motor tasks.

Tips for Protecting Your Colorado Springs Motorcycle Accident Claim

Want to give your case the best shot at success? Follow these tips:

Get immediate medical care even if you feel okay because injuries can be delayed.
Call the police and make sure an official report is filed.
Document everything, including photos, witness info, and your medical records.
Don’t talk to the other driver’s insurance company—they’re not on your side.
Hire a lawyer as soon as possible to avoid costly mistakes and protect your rights.

The sooner you contact a Colorado Springs motorcycle accident lawyer, the faster we can begin investigating, gathering evidence, and building your claim for maximum compensation.

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

In Colorado, you typically have three years from the date of your motorcycle crash to file a personal injury claim involving a motor vehicle. If you miss this deadline, you’ll likely lose your right to pursue maximum compensation—no matter how strong your case is.

Don’t Procrastinate—Call Our Law Firm at (719) 475-2555 and Improve Your Chances of Building a Solid Claim

The Legal Process in Colorado Springs After a Motorcycle Accident

1. Initial Consultation

We offer a free consultation to understand your case and assess whether legal action is appropriate.

2. Investigation

We gather police reports, photographs, video evidence, medical records, and witness statements to build your case.

3. Determining Liability

We consult with accident reconstruction experts and review all documentation to determine who is legally responsible.

4. Filing Insurance Claims

We communicate with the insurance company on your behalf and begin negotiations.

5. Settlement Negotiations

We pursue a full settlement for your medical bills, lost wages, pain and suffering, and other damages.

6. Litigation (if necessary)

We are always prepared to take your case to trial if the opposing side refuses to make a reasonable settlement offer. Settlement negotiations may continue and an agreement could be reached during trial.

7. Trial and Verdict

In court, The Bussey Law Firm, P.C., will present evidence, cross-examine witnesses and argue your case. Then the jury will render a final verdict.

What Would Happen If You Didn’t Hire a Motorcycle Accident Attorney?

The sad truth is that insurance companies don’t care about your pain. If you try to handle all the moving parts of your accident claim alone, you risk the following:

Lowball settlements that don’t come close to covering your bills.
Getting blamed for the crash, even when it wasn’t your fault.
Overlooking non-economic damages, such as pain and suffering and emotional distress.
Missing important filing deadlines or making avoidable legal mistakes.

Don't Wait: Statute of Limitations for Colorado Claims

Colorado law gives motorcycle accident victims a limited window to file a legal claim. Under Colorado Revised Statutes § 13-80-101, you generally have:

Three years from the date of the accident to file a personal injury lawsuit
Two years if the crash resulted in a wrongful death

Failing to file within this timeframe could result in your claim being dismissed, no matter how strong your case is. The sooner you act, the better your chances of recovering important evidence and maximizing your compensation.

Call Our Colorado Springs Motorcycle Accident Lawyers for Compensation

You don't have to take the first offer you get from the insurance company. In fact, it's probably a lowball offer that isn't nearly enough to cover the true cost of your injuries. Let The Bussey Law Firm, P.C., handle negotiations with the insurance company so you can focus on getting better.

Call (719) 475-2555 to speak with one of our motorcycle accident attorneys in Colorado Springs.

Some of Our Motorcycle Accident Case Results

Timothy R. Bussey has taken over 100 cases to trial and settled over 1,000 out of court, according to his firm biography.

Motorcycle Crash (Wrongful Death) – $1,375,000

Parents of a motorcyclist killed when a driver turned left and failed to yield; available coverage was limited to roughly $600,000 and the recovery more than doubled it.

Motorcycle Accident – $500,000

Our client was an experienced motorcycle enthusiast. One day, while driving his motorcycle, a vehicle changed lanes into him, causing him to go down and suffer multiple serious injuries. He spent weeks in the hospital after surgeries from suffering broken bones. He required extensive medical treatment and skin grafts. The insurance company for the negligent driver contended that $100,000 was a fair settlement. The Bussey Law Firm, P.C., rejected the offer and continued to fight. After advocating for his rights and working on the case, the client received a $500,000 settlement.

Motorcycle Accident – $78,500

Our client was rear-ended while driving his motorcycle. As a result of the collision, he required invasive surgery for the serious injuries he sustained. The Bussey Law Firm, P.C., advocated and reached a successful settlement on behalf of the injured motorcyclist.

Results are the firm’s own published figures, listed on our case results page. Past results do not guarantee a similar outcome in any future case.

Frequently Asked Questions

Why Do Motorcycles Pose More Risks Than Other Vehicles?

Many drivers fail to watch out for motorcycles, especially when making dangerous maneuvers like left turns and lane changes. Due to their design and structure, motorcycles provide less protection than cars, trucks, and other vehicles. When a collision occurs, motorcycle riders are more likely to suffer severe injuries.

How long do I have to file a claim after a motorcycle crash?

You have three years from the date of the accident to file a personal injury lawsuit in Colorado. It’s best to act quickly to preserve evidence and protect your rights.

Can I still recover damages if I was partly at fault in a motorcycle crash in Colorado?

Yes. As long as you are less than 50% at fault, you can recover compensation. Your award will be reduced by your percentage of fault.

What evidence helps prove my motorcycle accident claim?

Useful evidence includes:

Photos of the crash scene
Police reports
Eyewitness statements
Video footage (dashcams, traffic cams)
Medical records
Motorcycle damage reports

How much does it cost to hire a motorcycle accident lawyer?

We handle personal injury cases on a contingency fee basis. That means we only get paid if we win your case.

About Our Attorney

Timothy R. Bussey

License Number: 23730

Timothy R. Bussey is the founding attorney of The Bussey Law Firm, P.C. With over 30 years of legal experience, Mr. Bussey has earned a reputation as one of Colorado’s top trial lawyers. He is a former prosecutor and Air Force Judge Advocate, bringing a disciplined, strategic approach to every case. Mr. Bussey has been named to the Colorado Super Lawyers list for more than 14 consecutive years.

Frequently Asked Questions for Motorcycle Accident Injuries

After a motorcycle accident in Colorado Springs, it’s normal to have numerous questions and concerns. Our team of Colorado Springs Motorcycle Accident Lawyers at The Bussey Law Firm, P.C. is here to provide you with the answers you need to make informed decisions regarding your injury claim. Below, we’ve compiled some of the most frequently asked questions to help address your specific concerns:

What should I do immediately after a motorcycle accident?

After a motorcycle accident, your safety and well-being should be your top priority. Ensure you and others involved are safe, seek medical attention if necessary, and report the accident to the authorities. Document the scene, take photos, gather contact information from witnesses, and contact your insurance company.

Should I talk to the other driver's insurance company?

It’s advisable to avoid discussing your accident or injuries with the other driver’s insurance company without first consulting an attorney. Anything you say to them could potentially be used against you. We recommend speaking to an attorney who can guide you through this process.

What if the accident was partially my fault?

Colorado follows a modified comparative negligence rule, which means you can still recover damages even if you were partially at fault for the accident. However, the compensation you receive may be reduced based on your percentage of fault. It’s essential to consult with an attorney to determine how this may affect your case.

How long do I have to file a motorcycle accident injury claim in Colorado Springs?

In Colorado, a motorcycle accident claim generally must be filed within three years from the date of the accident (C.R.S. 13-80-101(1)(n)); most other personal injury claims have two years. However, it’s essential to consult with an attorney as certain circumstances may affect this deadline.

What types of compensation can I seek in a motorcycle accident injury claim?

You may be eligible for various types of compensation, including medical expenses, lost wages, property damage, pain and suffering, and more. The specific compensation available to you will depend on the details of your case.

Can I still file a claim if I was not wearing a helmet at the time of the accident?

Yes, you can still file a claim even if you were not wearing a helmet. Colorado law does not require adults to wear helmets, so your choice to wear one or not should not impact your ability to seek compensation for your injuries.

How can The Bussey Law Firm, P.C. assist me with my motorcycle accident case?

Our dedicated Colorado Springs Motorcycle Accidents Lawyers are here to help you navigate the complexities of your injury claim. We will investigate your case, negotiate with insurance companies, gather evidence, and provide you with the legal guidance and support you need to ensure you receive full and fair compensation for your injuries.

What is the average settlement for a motorcycle accident?

There is no meaningful average, and the figures published as averages are marketing. A rider thrown from a bike and a rider who laid it down at 15 mph are not in the same population. What drives the number here: medical cost and future care (uncapped), lost earnings, the noneconomic cap of $1,500,000 for claims accruing on or after 1 January 2025 under C.R.S. 13-21-102.5(3)(a)(II), your percentage of fault, and — very often the real ceiling — how much liability and underinsured-motorist coverage actually exists. This firm publishes its own results rather than averages; see the case results page, and note that past results do not guarantee future outcomes.

How long does a motorcycle accident claim take?

The deadline to file suit is three years from the crash under C.R.S. 13-80-101(1)(n). Getting there usually takes longer than a car case for two reasons: motorcycle injuries — orthopaedic hardware, degloving, head trauma — take longer to reach the point where a doctor can say what is permanent, and fault is contested more often, because the defence to a motorcycle claim is very often that the rider was speeding or lane-splitting rather than that the driver did not look.

Should I get a lawyer for a motorcycle accident?

If you were hurt, yes — and earlier than in a car case. Two things are unusual about motorcycle claims. The evidence is perishable in a way a car's is not, because the bike is often written off and disposed of within weeks. And the argument you are facing is rarely "you ran the light"; it is "motorcycles are dangerous", aimed at moving fault percentage points onto the rider under C.R.S. 13-21-111. Both are answered by early work, not by waiting.

Will my health insurance cover motorcycle accident injuries?

Usually yes, and you should use it — but expect to pay it back. Health plans that cover crash injuries generally assert a right of reimbursement out of any settlement, and hospitals in Colorado may file a lien against the recovery instead of billing your insurer. That is not a reason to delay treatment. It is a reason not to settle without knowing what has to come off the top, because a settlement that looked adequate before the liens are counted can leave you with very little.

What does a motorcycle accident lawyer cost?

Nothing up front, and nothing at all unless there is a recovery. A motorcycle case review is free, and the firm is paid a percentage of what it recovers rather than by the hour, so the cost of asking is zero and the risk of being billed for a case that goes nowhere is zero. Call (719) 475-2555 to have it looked at.

What makes a Colorado motorcycle accident claim different from a car accident claim?

The law is the same but the argument is not. A motorcycle offers no crumple zone, so the same impact produces far more serious injuries, and insurers respond by attacking the rider rather than the crash — speed, lane position, visibility, gear. The deadline is the same as any motor-vehicle claim: 3 years (C.R.S. 13-80-101(1)(n)).

Who is usually liable in a Colorado Springs motorcycle crash?

Most often the driver who turned across the rider's path or pulled out from a side street without seeing the motorcycle. Liability can also reach a road authority for a hazard it failed to fix, or a parts manufacturer where a component failed.

Where is a motorcycle accident claim filed?

In the El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903 — the district court serving El Paso County. Most motorcycle claims settle without a court appearance; if one does not, the lawsuit is filed there and must be filed before the deadline runs.

Why do insurers fight motorcycle claims harder?

Because the damages are larger and because juries can be persuaded that riding is itself risky. That argument is not the law — riding a motorcycle is legal and is not negligence — but it is the argument you should expect, and it is why the physical evidence from the scene matters more here than in an ordinary rear-end case.

What if I was partly at fault?

You can still recover if you were less than 50% at fault. Colorado applies modified comparative fault (C.R.S. 13-21-111): your damages are reduced by your share and barred entirely at 50%.

What Are the Colorado Deadlines and Rules on This Claim?

Which deadline applies depends on how the injury happened, not on what it is called. Colorado gives three years to a claim arising from the use or operation of a motor vehicle and two years to most other injury claims. Missing the deadline normally ends the claim regardless of its merits.

Colorado deadlines and rules that apply to this claim
A claim arising from the use or operation of a motor vehicle	3 years — C.R.S. 13-80-101(1)(n)
Most other personal injury claims	2 years — C.R.S. 13-80-102
If you were partly at fault	Damages reduced by your share, barred at 50% — C.R.S. 13-21-111
Where a Colorado Springs claim is filed	El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903

Sources and References

Deadlines are cited by section to the Colorado General Assembly’s published 2024 revised statutes. This page is general information, not legal advice, and does not create an attorney-client relationship.

Past results do not guarantee future outcomes. Every case is decided on its own facts.