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Colorado Springs Motorcycle Passenger Injury Lawyer

Written by Timothy R. Bussey · Reviewed by Benjamin Wilcox · Last updated 29 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).
Who is liable: Whichever driver was at fault — and as a passenger you are almost never one of them.
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.

Who pays when a motorcycle passenger is injured?

Whichever driver was at fault — and as a passenger you are almost never one of them.

If the rider you were with caused the crash, their liability coverage responds; if another vehicle did, that driver's does; if both contributed, both do. The complication specific to motorcycles is that many riders carry only minimum liability limits, so the passenger's own uninsured and underinsured motorist coverage under C.R.S. 10-4-609 frequently ends up being the layer that actually pays the medical bills.

Does not wearing a helmet affect a motorcycle passenger's claim?

It does not make an adult passenger responsible for the crash.

C.R.S. 42-4-1502(4.5)(a)(I) requires a helmet only for riders and passengers under eighteen, so an adult passenger without one broke no law, and it has nothing to do with who caused the crash. Unlike the seat-belt statute, the helmet statute contains no rule allowing damages to be reduced.

Legal Counsel for Injured Motorcycle Passengers in Colorado Springs

Motorcycles are smaller, less visible, and less stable than four-wheeled cars. Like riders, motorcycle passengers lack the protection of an enclosed vehicle, which makes them vulnerable to serious injuries in a crash. If you have been hurt as a passenger in a motorcycle accident, you will need to pursue compensation for your injuries. This is a traumatic time, and you will need your own Colorado Springs personal injury attorney to represent you.

What Are a Motorcyclist’s Responsibilities for Protecting Passengers?

A motorcyclist carrying a passenger on the back of a bike has a legal responsibility to keep both people safe. Riders must obey the same rules of the road as other motorists. In addition, Colorado imposes legal requirements for having a passenger on a motorcycle, as stated by the Department of Transportation (CO DOT):

Although there is no minimum age requirement for motorcycle passengers, bikes must be equipped with passenger footrests, and passengers are required to use them.
Passengers must ride on the seat behind the driver or in a sidecar – not in front of the driver. This is to ensure passengers are stable while riding.
Riders carrying passengers must be licensed.
Like all motorists in Colorado, motorcyclists must carry mandatory minimum liability insurance to cover bodily injury and property damage.

Who Is Liable for Motorcycle Passenger Injuries?

After a Colorado Springs motorcycle crash in which you were injured as a passenger, it is essential to determine who is responsible for the accident so you can file a claim for compensation. Potentially liable parties may include:

Motorcycle operator: If rider recklessness or negligence caused the accident, you might need to claim compensation from the operator on whose motorcycle you were injured. If it was a single-vehicle motorcycle crash that was not caused by equipment failure, your only case is against the operator.
Driver of another vehicle: Many motorcycle accidents are caused by negligence on the part of passenger vehicle drivers. If you were a passenger on a motorcycle involved in a collision with another vehicle, you may want to file a claim against both the motorcycle operator and the driver of the other vehicle.
Defective parts manufacturer: Defective motorcycle parts can cause a rider to lose control and crash. For example, faulty brakes or defective tires could cause a collision in which a passenger could be injured. In this case, you may have a claim for compensation against the parts manufacturer.

What Should You Do Immediately After a Colorado Springs Motorcycle Accident?

The first thing to do as a passenger involved in a motorcycle crash is to get emergency medical attention if needed and report the accident to the police. A police report provides an official record of what occurred.
It is also important to gather as much evidence as possible at the scene of the accident if you are able. Get contact information for eyewitnesses. Take photos of the scene, capturing all vehicles involved from different angles, as well anything that may have contributed to the crash, such as a pothole. If you are unable to take photos, have someone you trust do it for you.
Do not say any more about the motorcycle accident than you need to. Statements made at the accident scene may be used against you in the future. Simply state the minimum facts and exchange the necessary information.

At The Bussey Law Firm, P.C., our founding partner has been voted Top Attorney in Colorado Springs for eight years running. Timothy Bussey has been awarded membership in the Million Dollar Advocates Forum, named among the Top 100 Trial Lawyers in Colorado by the National Trial Lawyers Association, and rated 10.0 Superb by Avvo.

It is in your best interest to speak with an experienced Colorado Springs motorcycle injury attorney as soon as possible. Call us at (719) 475-2555 to schedule a free consultation if you have been injured as a passenger in a Colorado Springs motorcycle accident.

Frequently Asked Questions About Motorcycle Passenger Injury in Colorado Springs, CO

At The Bussey Law Firm, P.C., we understand that if you’ve been injured as a motorcycle passenger in Colorado Springs, you may have many questions and concerns about your situation. Here are some frequently asked questions that people in your situation often have, along with informative answers:

What should I do immediately after a motorcycle passenger injury?

The first priority is your health. Seek immediate medical attention for your injuries. Once your safety is ensured, gather information about the accident, take pictures, and collect witness contact details if possible. Then, consult with an attorney to discuss your legal options.

How can an attorney help with my motorcycle passenger injury case?

An attorney with experience in Motorcycle Passenger Injury cases can help you by investigating the accident to determine liability, handling communication with insurance companies, collecting and preserving evidence to support your claim, negotiating for full and fair compensation, and representing your best interests in court if necessary.

What is the importance of seeking medical treatment promptly?

Prompt medical treatment is crucial for your well-being and your legal case. It ensures that your injuries are properly diagnosed and treated. Additionally, it establishes a clear link between the accident and your injuries, which is essential when seeking compensation.

How do I pay for medical bills if I can't work due to my injuries?

Your attorney can help you pursue compensation for medical bills, lost wages, and other damages from the responsible party’s insurance. In the meantime, you may have your own insurance coverage, such as health insurance or personal injury protection, that can help with medical expenses.

Is there a time limit for filing a motorcycle passenger injury claim in Colorado Springs?

Yes, Colorado has a statute of limitations that sets a deadline for filing personal injury claims. Generally, you have three years from the date of the accident to file a claim. It’s crucial to consult with an attorney as soon as possible to ensure you meet this deadline.

What if the motorcycle rider was a friend or family member?

Even if the motorcycle rider was a friend or family member, you can still pursue a claim if their negligence caused the accident. Personal injury claims are typically made against the at-fault party’s insurance, not directly against the individual.

Do I need to go to court for my motorcycle passenger injury case?

Not all cases go to court. Many are resolved through negotiations with insurance companies. Your attorney will work to secure a fair settlement, but if a settlement cannot be reached, they will represent your interests in court.

How can I afford an attorney for my motorcycle passenger injury case?

The Bussey Law Firm, P.C. offers free consultations, and many personal injury attorneys, including us, work on a contingency fee basis. This means you don’t pay any attorney fees unless we secure compensation for you.

How long do I have to file this claim in Colorado?

Three years from the crash, because this is a tort action for bodily injury arising out of the use of a motor vehicle under C.R.S. 13-80-101(1)(n) — a year longer than Colorado's general tort deadline. If a city, county, district or state vehicle or roadway is involved, a far shorter clock governs first: written notice within 182 days under C.R.S. 24-10-109(1), which that statute calls "a jurisdictional prerequisite" whose failure "shall forever bar any such action".

What does a motorcycle passenger claim cost to pursue?

Nothing up front, and nothing at all unless there is a recovery. A motorcycle passenger review is free and the firm is paid a percentage of what it recovers rather than by the hour, so asking costs nothing. Call (719) 475-2555.

Can a motorcycle passenger make a claim?

Yes, and a passenger is almost never at fault. The claim lies against whichever driver caused the crash — including the rider of the motorcycle the passenger was on.

What if the rider was my partner or friend?

The claim is against their insurance rather than against them, which is what the policy is for. It is the single most common reason motorcycle passengers never claim.

Where is a motorcycle passenger 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 claims settle without a court appearance; if one does not, the lawsuit is filed there and must be filed before the deadline runs.

Why are passenger injuries often more severe?

Because the passenger has no controls, no warning and nothing to brace against. They are thrown clear more often than the rider, which is why these injuries tend to be worse.

How is coverage found when the rider's policy is small?

By looking at the other driver's policy, at any underinsured motorist coverage on the passenger's own auto policy, and at a household policy that may extend to them.

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.