Motorcycle Accident Lawyer in Denver

• Filing deadline: Three years for injury claims from a motor vehicle crash, including motorcycles (C.R.S. 13-80-101). Wrongful death claims generally have a shorter window; see the deadline table below.
• Government involvement: If a public entity may share blame (a road defect, a signal, a government vehicle), written notice is due within 182 days (C.R.S. 24-10-109).
• Shared fault: You can still recover if you are less than 50% at fault. Your compensation is reduced by your percentage.
• First steps: Get medical care, report the crash, and keep your bike and gear exactly as they are.

The Colorado Department of Transportation (CDOT) counted 148 motorcyclists killed on Colorado roads in 2025, about 21% of all traffic deaths, even though motorcycles are only about 3% of vehicles on the road. That is down from the record 165 deaths in 2024, but still far above the 78 deaths recorded in 2011 (CDOT).

CDOT’s other findings:

• More than 26% of 2025 motorcycle deaths involved impairment.
• Nearly half (49%) of riders killed over the last five years were not wearing a helmet.
• About 58% of motorcycle deaths since 2015 happened between June and September.
• Fifteen riders died in the first three months of 2026, the deadliest start to a year since 2017.

CDOT also advises drivers to yield to motorcyclists when turning at intersections, which is where many of these crashes begin. “I didn’t see him” does not excuse a driver’s duty to look.

1. Get safe and call 911. Move out of traffic only if you can do so safely.
2. Get medical care, even if you feel fine. Adrenaline hides pain. Concussions, internal bleeding, spinal injuries and soft-tissue damage can show up hours or days later. A same-day record also ties your injuries to the crash. If you have no health insurance, call us; we can help you find treatment.
3. Make sure police respond and a report is filed. Colorado law requires drivers involved in an injury crash to stop and remain at the scene (C.R.S. 42-4-1601). Ask the officer for the report number. Reports come from the Denver Police Department or the Colorado State Patrol, depending on who responded.
4. Collect names and contact details for the other driver, their insurer, and any witnesses.
5. Photograph everything before the scene changes (see the evidence checklist below).
6. Be careful with insurers. Give your own insurer the basic facts. Do not give the other driver’s insurer a recorded statement, and do not guess about speed, injuries or fault. If you feel pressured, you can say: “Before I give any official statement, I need to speak with my attorney.” Avoid saying “I’m sorry,” which can be read as admitting fault.
7. Talk to a lawyer before signing anything. That includes medical-records releases and settlement paperwork.

Motorcycle claims turn on physical evidence that disappears quickly.

Do not repair, sell or release your motorcycle until a lawyer has had it inspected. Damage patterns can show speed, angle of impact and mechanical defects.

Photograph: the bike from every side, the point of impact, helmet and gear damage, skid marks, the road surface, and the view a driver would have had of you.

Preserve: helmet-cam and dash-cam video, riding-app and GPS data, any data stored on the bike, and broken parts.

Request quickly: doorbell and business surveillance footage (often overwritten within days), traffic-camera footage, and 911 audio.

Keep: torn clothing, boots, gloves and the helmet, unwashed and in a bag.

Crashes cluster where traffic merges, turns and stops. Corridors that riders and local lawyers commonly point to include I-25 and the I-25/I-70 interchange, Colfax Avenue, Federal Boulevard and Speer Boulevard.

Single-vehicle and “phantom vehicle” crashes. A car cuts you off, you lay the bike down, and the driver leaves without touching you. These claims are harder, but not hopeless. Witnesses, video and your own uninsured motorist (UM) coverage may apply. Tell your lawyer right away, because insurers often have specific notice requirements for this kind of claim.

Hit-and-run. Report it immediately and keep every detail you remember. If the driver is never found, your UM coverage may be the source of recovery.

Motorcycle crashes can happen in several ways, including left-turn collisions, rear-end crashes, unsafe lane changes, intersection accidents, dooring incidents, hit-and-runs, single-vehicle crashes, and collisions with commercial trucks. The cause of the crash can affect who may be legally responsible and what evidence is needed to prove the claim.

Helmets. Colorado requires helmets only for riders and passengers under 18 (C.R.S. 42-4-1502). Eye protection is required for riders unless the bike has a windshield.

Lane splitting vs. lane filtering. These are different, and insurers sometimes blur them.

• Lane splitting (riding between moving vehicles) remains illegal.
• Lane filtering became legal on August 7, 2024 under SB24-079. A rider may pass a vehicle in the same lane only when traffic is stopped, the lane is wide enough to pass safely, the motorcycle goes 15 mph or less, and conditions allow safe passing. The rider must pass on the left, not on the shoulder, and not in oncoming traffic (Colorado State Patrol; CDOT).
• The authorization is scheduled to repeal on September 1, 2027, after CDOT reports on safety data. Check the current status before relying on it.

If an insurer says you were at fault because you were “splitting,” the first question is whether you actually met each filtering condition. Your lawyer can use video, traffic data and witness accounts to answer it.

Passengers and licensing. A rider needs a motorcycle endorsement. Passengers can bring their own injury claim.

The 182-day notice rule is strict. The Colorado Supreme Court has treated it as a requirement a claimant must meet to sue a public entity, and in Mostellar v. City of Colorado Springs held that the clock runs from the date of injury, not from when you learn which agency is responsible (summary). Missing it can end the claim, so do not wait.

Sources: State of Colorado CGIA summary; Colorado Revised Statutes.

Colorado uses modified comparative negligence (C.R.S. 13-21-111). You can recover if you are less than 50% at fault, and your compensation is reduced by your share.

At 50% or more, recovery is barred. That is why insurers push fault percentages up. Common arguments against riders are speed, lane position, “I didn’t see him,” lane filtering and missing gear. Each can be tested against the evidence.

Colorado does not require adults to wear helmets, so an adult rider without one has not broken a helmet law. Insurers may still argue that missing gear made your injuries worse, especially head injuries

What a helmet does and does not change: it does not decide who caused the crash. A driver who runs a red light is still responsible for running it. Any argument about helmets goes to the severity of specific injuries, not to who caused the collision.

Colorado is an at-fault state. The at-fault driver’s liability insurance is the first source of payment.

Minimum limits are low. Colorado’s minimum liability limits have long been 25/50/15 ($25,000 per person, $50,000 per crash, $15,000 property damage) confirm current minimums with the Colorado Division of Insurance. A serious motorcycle injury can exceed that within days of hospital care.

Your own coverage may help:

• UM/UIM (uninsured/underinsured motorist): pays when the at-fault driver has no insurance, not enough insurance, or cannot be found. Whether your auto policy extends to your motorcycle depends on policy wording and on whether you rejected the coverage.
• MedPay (medical payments coverage): pays medical bills regardless of fault, up to its limit. Many riders have it and never use it. It may be repaid out of a later recovery, depending on the policy.

Insurer tactics to expect: a fast, low offer; a request for a recorded statement; a broad medical-records release; and arguments that your injuries pre-date the crash. If an insurer unreasonably delays or denies a valid claim, that may be bad faith.

A motorcycle accident claim typically starts with an investigation of the crash, collection of evidence, and review of your medical records and insurance coverage. Your attorney can handle communications with insurers, calculate your damages, negotiate a settlement, and file a lawsuit if a fair resolution cannot be reached.

Motorcycle crashes often cause traumatic brain injury, spinal cord injury, fractures, internal injuries, road rash and scarring, and psychological trauma.

Do not settle before you reach maximum medical improvement (MMI), the point where your doctors can say how far you are likely to recover. Once you accept a settlement, you generally cannot ask for more if the injury turns out to be worse or surgery is needed later.

Protect your claim: follow your treatment plan, avoid gaps in care, and keep a short symptom journal (pain levels, missed work, activities you cannot do).

No lawyer can honestly promise a number at the start. The value depends on facts specific to you.

Types of damages

• Economic: medical bills, future care, lost income, reduced earning capacity, property loss.
• Non-economic: pain, suffering, scarring, loss of enjoyment of life.
• Punitive (exemplary): possible only in cases of egregious conduct, such as drunk driving.

Caps. Colorado limits non-economic damages. HB24-1472 substantially raised those limits for claims that accrue on or after January 1, 2025: reported figures are $1.5 million for non-economic loss in an injury case and $2.125 million in a wrongful death case, with inflation adjustments every two years starting in 2028. Older claims may be under lower caps (HB24-1472 text; summary). Economic damages are generally not capped.

Property loss is part of the claim. That includes a total-loss valuation dispute, custom or aftermarket parts, helmet and gear replacement, loss of use while the bike is down, and diminished value.

Passengers. A passenger can claim against the at-fault driver, and sometimes against the rider too, if the rider was partly at fault.

Out-of-state riders and drivers. A crash in Denver is generally governed by Colorado law, even if you live elsewhere. Insurance from another state may also be in play.

Group rides, rentals and borrowed bikes. Who owned the bike and which policy covers it can change who pays.

Rideshare or delivery drivers. Commercial or app-based coverage may apply, with higher limits than a personal policy. See our rideshare accident page.

Fatal crashes. Certain family members may file a wrongful death claim. Deadlines are shorter, so speak to a lawyer promptly.

• Trial experience: C. Robert Biondino Jr. has handled more than 300 trials and represented more than 7,400 clients.
• Personal attention: Your case receives direct attention from an experienced legal team.
• Evidence-focused: The firm works to investigate crashes and preserve important evidence.
• Insurance support: The team handles communications and negotiations with insurance companies.
• Personal injury experience: Biondino Law Firm represents injured motorcycle riders and helps pursue compensation for their losses.
• Free case review: Call (720) 706-5151 to discuss your motorcycle accident and legal options.

If you were injured in a motorcycle crash in Denver, talk to an experienced motorcycle accident lawyer before dealing with the insurance company on your own. Biondino Law Firm can review your accident, explain your legal options, and help you pursue compensation for medical expenses, lost income, motorcycle damage, pain and suffering, and other losses. Call (720) 706-5151 for a free case review.

Do I need a lawyer after a motorcycle accident in Denver?
Not every claim needs one. You should get advice if you were injured, fault is disputed, or the insurer offers a quick settlement. Insurers often assume riders were speeding or careless, and early statements can hurt your claim. A lawyer can answer that with evidence.

How long do I have to file a lawsuit?
Most injury claims from a motor-vehicle crash have a three-year deadline (C.R.S. 13-80-101). Wrongful death claims have two years (C.R.S. 13-80-102). If a public entity may be at fault, for example because of a pothole or a broken signal, you must give written notice within 182 days (C.R.S. 24-10-109). Don’t wait, because evidence disappears quickly.

Can I still recover if I wasn’t wearing a helmet?
Colorado does not require helmets for adults (C.R.S. 42-4-1502). Not wearing one generally does not decide who caused the crash. An insurer may still argue it made a head injury worse, so this is worth discussing with a lawyer.

What if I was partly at fault?
You can still recover if your share of fault is less than 50%. Your compensation is reduced by your percentage (C.R.S. 13-21-111). Don’t admit fault at the scene or to an insurer.

What if the insurer says I was lane splitting?
Splitting between moving vehicles is illegal. Lane filtering past fully stopped traffic is legal under five conditions, including a speed of 15 mph or less (Colorado State Patrol). Video and witnesses can show which one actually happened.