Frequently Asked Questions for Injured Motorcyclists
Motorcycle wrecks can be life-altering, and riders face hurdles that other crash victims never encounter. After more than 25 years championing injured motorcyclists across Colorado, I understand the tactics insurers use and how to secure every dollar you deserve. Below are answers to the questions bikers ask me most often after a crash. For help, call me at 877-562-9425 and talk directly with an attorney.
I wasn’t wearing a helmet—can I still pursue compensation?
Absolutely. Colorado does not require riders aged 18 and over to wear a helmet. Going without one can reduce the portion of damages tied to head or brain injuries, but it does not cancel your right to seek payment for other harm you suffered.
The driver insists they “never saw” my motorcycle. Does that defeat my claim?
No. “I didn’t notice the bike” is never an acceptable legal defense. Every motorist must keep a proper lookout for all roadway users, including motorcyclists, and can be held liable when their inattention causes a crash.
I was lane-splitting when the crash occurred. Do I still have a case?
Lane-splitting is prohibited in Colorado, so you could be assigned a share of fault. Thanks to the state’s modified comparative negligence rule, you may still collect damages as long as you are less than 50 percent responsible. We dig into every detail to keep your percentage as low as possible.
My injuries are serious—who covers the medical bills?
We explore every potential source: the at-fault driver’s liability limits, your own MedPay, any uninsured/underinsured motorist (UM/UIM) benefits, and even health insurance. When needed, we connect you with providers willing to delay payment until the claim resolves.
The police report blames me. Is that final?
Not at all. A police report is one piece of evidence, not the final verdict. We perform our own investigation, interview witnesses, pull video footage, and partner with accident-reconstruction experts to set the record straight.
Can I be reimbursed for my riding gear and bike upgrades?
Yes. Helmets, jackets, gloves, aftermarket parts, and custom paintwork are personal property that can be folded into the overall damage claim—just hang on to receipts and photos.
Do insurers have a bias against motorcyclists?
Unfortunately, many do. Riders are often stereotyped as reckless. We counter that narrative with solid evidence, expert testimony, and a well-documented claim file.
The driver fled the scene. What are my options?
A hit-and-run triggers your uninsured-motorist coverage if you carry it. With the right documentation, you can still obtain full compensation; we guide you through each step.
Key Factors Unique to Motorcycle Accident Claims
High-impact injuries: Road rash, fractures, loss of limbs, spinal injuries, and traumatic brain injuries happen far more often. Detailed medical records from day one are essential.
Delayed symptoms: Some injuries—especially internal or soft-tissue damage—surface hours or days later. Seek medical care immediately, even if you “feel fine.”
Scene evidence: Photograph everything: skid marks, the bike’s final position, damaged gear, and where your helmet landed. These details can make or break liability findings.
Essential Insights for Motorcyclists After a Wreck
- Catastrophic Injuries Raise the Stakes: Motorcyclists frequently sustain life-altering harm—deep road rash, compound fractures, traumatic brain or spinal injuries. They require:
- Immediate trauma care to stabilize life-threatening conditions
- Structured rehabilitation plans covering months (or years) of therapy
- Forward-looking cost projections for permanent disability and lost earning power
- Documenting the Crash Scene (If You’re Able): Because a bike can slide or bounce well beyond the impact point, photos are gold. Capture:
- Skid or gouge marks in the pavement
- Where your helmet and gear landed
- Final angles of all vehicles involved
- Why “Walking It Off” Can Sink Your Claim: Riders are notorious for powering through pain. Postponing medical attention can hide internal bleeding, concussions, or organ damage—hurting your health and undermining the injury evidence insurers demand. The longer medical attention is delayed, the more difficult it can be to attribute your bodily injury to the crash.
- Proving the Value of Your Gear and Custom Bike
Motorcycles don’t leave a crash scene without damage. To be made whole, you must document:- Premium helmets and armored jackets
- Aftermarket exhausts, electronics, or custom paint
- All investments made towards a totaled or heavily modified bike
- Battling Built-In Bias
From adjusters to jurors, some assume “the biker must be at fault.” Countering stereotypes with expert testimony, proving driver negligence, and specific expertise with motorcycle accident reconstruction is critical. - Long-Term Fallout
With zero crumple zone, riders often face:- Career-ending disabilities
- Chronic pain that reshapes daily life
- Post-traumatic stress requiring counseling
Financial recovery must account for all future medical and wage losses—not just today’s bills.
Strategic Perspective: The Rider Justice & The O’Sullivan Law Firm Approach
Scott O’Sullivan brings more than 25 years of Colorado trial work to motorcycle cases by:
- Confronting rider bias head-on with crash-scene science and investigative data
- Lawyers managing every case, rather than handing it off to junior staff such as case managers or paralegals
- Refusing to rush a settlement until the client’s medical future is understood and fully valued
Contact us today: (877) 562-9425