IT'S MORE THAN MONEY.
Colorado Motorcycle Accident Lawyers
We represent injured riders and their families across every Colorado county, and we fight the bias that blames the rider before the facts are in. You pay nothing unless we win your case.
No fee unless we winAfter a Colorado motorcycle crash, the law is rarely the rider's biggest problem. The bias is. Insurers and defense lawyers start from the assumption that the rider was reckless, and they use Colorado's gear and licensing rules to chip away at a claim that is not the rider's fault.
- Colorado does not require helmets for riders 18 and older, but it requires eye protection for every rider regardless of age (C.R.S. 42-4-232). Both choices can be turned into a "failure to mitigate damages" argument that cuts your compensation.
- Lane filtering became legal on August 7, 2024 under SB24-079 (C.R.S. 42-4-1503), but only in narrow conditions. Insurers routinely mischaracterize legal filtering as illegal lane splitting to deny claims.
- Colorado's modified comparative negligence rule lets an insurer assign you a percentage of fault for the severity of your injuries, not just the crash, and bar you entirely if they push your share to 50 percent or more (C.R.S. 13-21-111).
CGH Injury Lawyers represents injured motorcyclists and their families across every county in Colorado. We know how adjusters weaponize the gear and lane-filtering rules against riders, we document the evidence that disproves it, and we prepare every case for trial. No upfront fees, and a free first consultation.
Why riders get blamed
How insurers turn Colorado's gear laws against injured riders
Even when another driver clearly caused the crash, defense attorneys reach for the rider's gear and licensing choices to shift blame. Knowing where they aim is the first step to defeating it.
The helmet "mitigation" argument
- Colorado requires helmets only for riders under 18 (C.R.S. 42-4-1502). Adult riders break no law riding without one.
- Defense attorneys still argue an unhelmeted rider "failed to mitigate damages" and is partly responsible for injury severity.
- We have seen adjusters try to cut settlement offers in half by claiming the rider "assumed the risk" of harm.
- A legal choice is not a free pass for the insurer. We fight the mitigation defense head on.
The eye-protection and license traps
- Every rider and passenger must wear eye protection, glasses, goggles, or a face shield, unless a compliant windscreen is fitted (C.R.S. 42-4-232).
- An eye-protection violation is a Class A traffic infraction, and that citation can become evidence in a liability dispute.
- Riding without a valid Class M endorsement is operating illegally and can be used as evidence of negligence per se.
- If you were cited for any of these after a crash, contact an attorney before you talk to the insurer.
Here is how the math works against a rider. You are rear-ended at a stoplight and the other driver is clearly at fault for the collision. You were not wearing a helmet and you suffered a traumatic brain injury. The defense argues you are 40 percent responsible for the severity of your injuries, and a 500,000 dollar verdict is reduced to 300,000. That is why we say it is more than money. It is about knowing how the law protects your rights before you ever need it.
The 2026 legal guide
Colorado motorcycle laws every rider should know
Colorado motorcycle law lives mostly in C.R.S. Title 42. The rules changed in August 2024. Riding by the old rulebook risks a ticket, or worse, a denied insurance claim. Here is the part that matters most for a crash.
Helmets: C.R.S. 42-4-1502
- Riders and passengers under 18 must wear a DOT-compliant helmet that meets U.S. Department of Transportation standards.
- Riders 18 and older may legally ride without a helmet, which places Colorado among the minority of partial helmet-law states.
- Legal does not mean consequence-free. The choice can still be used to argue you worsened your own injuries.
Eye protection: C.R.S. 42-4-232
- All operators and passengers must wear eye protection regardless of age.
- Glasses, goggles, or a face shield satisfy the rule. A compliant windscreen of adequate height and transparency is an alternative.
- A violation is a Class A traffic infraction and can be argued to have worsened your injuries.
Lane filtering: C.R.S. 42-4-1503
- Legal since August 7, 2024 under SB24-079, but only when traffic is completely stopped, not just slow.
- The motorcycle must travel 15 mph or less, on a road with at least two adjacent same-direction lanes, without exceeding the posted speed limit.
- Lane splitting, riding between lanes of moving traffic at speed, remains illegal in Colorado.
Class M license endorsement
- Operating a motorcycle in Colorado requires a Class M endorsement, earned by passing a written test and an on-cycle skills test.
- A motorcycle-only license is available for riders who do not also drive a standard passenger vehicle.
- Riding without a valid endorsement can lead to criminal charges and gives an insurer grounds to dispute your claim.
Filtering is not splitting, and the difference decides your claim
After a crash, the first question an adjuster asks is whether you were complying with C.R.S. 42-4-1503. If you were filtering at 20 mph, or if traffic was only slow rather than stopped, the insurer will argue you broke the law and were at fault. We have already seen insurers deny claims outright by mislabeling legal filtering as illegal splitting. Dashcam footage, witness statements, and traffic data are what disprove it, and we move quickly to lock that evidence down.
How we handle your case
How we build a Colorado motorcycle accident claim
We represent injured riders and the families of those killed. From the first days forward, the priority is preserving the evidence that defeats the rider-blame defense and proving the other driver's fault.
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Free case evaluation
We review the facts, explain your rights, and answer your questions at no cost and no obligation.
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Preserve the evidence fast
We secure dashcam footage, traffic-camera data, witness statements, and the scene record before they disappear or get reinterpreted by the insurer.
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Defeat the rider-blame defense
We document compliance with the gear, filtering, and licensing rules so a "failure to mitigate" or "negligence per se" argument cannot stick.
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Document the full damages
We build the medical, wage, and life-impact picture, then send a documented demand to the at-fault driver's insurer.
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Negotiate from trial readiness
Most cases settle here. We negotiate as lawyers prepared to try the case, not as lawyers eager to take the first offer.
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Try the case when needed
When an insurer refuses a fair offer, our trial lawyers are ready to present your case to a Colorado jury.
We do not just tell riders to wear a helmet because it is safe. We tell you because we have watched insurance adjusters try to cut a family's settlement in half by arguing the rider failed to mitigate damages. We fight those arguments, and knowing the law helps you avoid them entirely.
Coverage and fault
Insurance and comparative negligence for Colorado riders
A serious motorcycle crash can run past 100,000 dollars in medical bills, lost wages, and long-term rehabilitation. Colorado's minimum coverage rarely meets that, which is why your own UM/UIM coverage so often becomes the case.
Colorado's minimum liability limits
- 25,000 dollars per person for bodily injury
- 50,000 dollars per accident for bodily injury, total
- 15,000 dollars per accident for property damage
- If the at-fault driver carries only the minimum, you can recover far less than your actual damages.
Why UM/UIM coverage matters
- UM/UIM coverage protects you when the at-fault driver has no insurance or limits that fall short.
- Colorado insurers must offer UM/UIM, though you can decline it in writing. We strongly advise against declining it.
- Colorado UM/UIM claims are governed by C.R.S. 13-80-107.5 under Pham v. State Farm, 2013 CO 17.
- Without UM coverage against an uninsured driver, suing the individual directly is often impractical when they have no assets.
Colorado's modified comparative negligence rule
Colorado follows a modified comparative negligence rule with a 50 percent bar (C.R.S. 13-21-111). If you are found less than 50 percent at fault for your injuries, you can recover damages, but your award is reduced by your percentage of fault. If you are 50 percent or more at fault, you recover nothing. Because adjusters routinely inflate a rider's fault percentage, an attorney who can challenge that assessment often makes the difference between a fair recovery and a denied claim.
I wish I could leave more than 5 stars!
Grace Macaluso, 5-star Google review
Your team
The team handling your case
CGH Injury Lawyers is a Colorado personal injury firm founded in 2016, formerly Cheney Galluzzi & Howard, LLC. Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates (ABOTA) and has tried over 25 cases to verdict. Timothy G. Tarr has been recognized by Best Lawyers every year since 2023. Every motorcycle accident case is handled by a licensed Colorado attorney, not a paralegal.
Related injury cases
Other Colorado injury cases we handle
Many motorcycle crashes overlap with other serious injury claims. If your case is broader than a single collision, these practice areas connect to it.
Frequently asked questions
Frequently asked questions about Colorado motorcycle accident claims
Does Colorado require motorcycle riders to wear a helmet?
Colorado requires helmets only for riders under 18 years of age (C.R.S. 42-4-1502). Adult riders 18 and older are not required to wear a helmet, but choosing not to wear one can affect liability and compensation in an injury claim, because insurers argue it worsened the rider's injuries.
What is the difference between lane splitting and lane filtering in Colorado?
Lane splitting is riding between lanes of moving traffic and is illegal in Colorado. Lane filtering is riding between lanes of stopped traffic at 15 mph or less and is legal as of August 2024 under specific conditions (C.R.S. 42-4-1503).
Can I still file a claim if I was not wearing a helmet?
Yes. Colorado does not prohibit you from filing a claim if you were not wearing a helmet. However, the defense will likely argue that your failure to wear a helmet contributed to your injuries, which can reduce your compensation under comparative negligence laws.
Do I have to wear eye protection on a motorcycle in Colorado?
Yes. All riders and passengers must wear eye protection, glasses, goggles, or a face shield, unless the motorcycle is equipped with a compliant windscreen (C.R.S. 42-4-232).
How long does a motorcycle accident settlement take in Colorado?
Settlement timelines vary widely depending on the complexity of the case, the severity of injuries, and the cooperation of the insurance company. Simple cases may settle in a few months, while complex cases involving disputed liability or severe injuries can take a year or more.
Do I need a lawyer for a motorcycle accident in Colorado?
If you sustained significant injuries, missed work, or face disputed liability, an attorney can substantially increase your recovery. Insurance companies routinely undervalue claims involving motorcyclists, often blaming the rider regardless of fault.
What should I do after a motorcycle accident in Colorado?
Call 911 and report the accident. Seek medical attention, even if injuries seem minor. Document the scene with photos and witness information. Do not admit fault or make recorded statements to insurers without legal advice. Contact an experienced motorcycle accident attorney as soon as possible.
How does Colorado comparative negligence affect a rider's recovery?
Colorado follows a modified comparative negligence rule with a 50 percent bar (C.R.S. 13-21-111). If you are found less than 50 percent at fault for your injuries, you can recover damages, but your award is reduced by your percentage of fault. If you are 50 percent or more at fault, you recover nothing.
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We handle these cases for clients across Colorado. View all locations we serve.
Specific motorcycle accidents cases we handle
IT'S MORE THAN MONEY.
You were hurt riding. We answer the bias against you.
Free consultation. No fee unless we win. Available across Colorado.
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