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CGH Injury Lawyers represents injured motorcyclists in Boulder, Colorado, from the firm's Denver office.
Boulder, Colorado

Boulder Motorcycle Accident Lawyers Who Answer the Bias Against Riders

After a Boulder motorcycle crash, the insurer often blames the rider before the facts are in. We document the evidence that disproves it and fight for the full compensation Colorado law allows. Serving Boulder from our Denver office. No fee unless we win.

No fee unless we win
Call (303) 209-9395 Get my free motorcycle case review

It's More Than Money.

Get my free motorcycle case review

100% confidential. No fee unless we win.

Serving Boulder From Our Denver Office CGH Injury Lawyers 2701 Lawrence St., Suite 201 Denver, CO 80205 (303) 209-9395 Se habla espanol
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  • Colorado does not require a helmet for riders 18 and older, but it requires eye protection for every rider regardless of age (C.R.S. 42-4-232). Insurers turn both choices into a "failure to mitigate damages" argument to cut your Boulder claim.
  • Lane filtering became legal on August 7, 2024 under SB24-079 (C.R.S. 42-4-1503), but only when traffic is fully stopped and the motorcycle travels 15 mph or less. Adjusters routinely mislabel legal filtering as illegal lane splitting to deny claims.
  • Colorado's modified comparative negligence rule reduces your award by your share of fault and bars recovery entirely at 50 percent or more (C.R.S. 13-21-111). The deadline to file is generally three years from the crash (C.R.S. 13-80-101(1)(n)).

If a crash hurt you while riding in Boulder, the law is rarely your biggest problem. The bias is. CGH Injury Lawyers represents injured motorcyclists and the families of riders killed, and we serve Boulder from our Denver office at 2701 Lawrence St. We know how adjusters weaponize the gear and lane-filtering rules against riders, we move fast to lock down the evidence that disproves it, and we prepare every case for trial in the 20th Judicial District. You pay nothing unless we win.

Why riders get blamed

How insurers turn Colorado's gear laws against injured Boulder 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 the severity of the injury.
  • 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.

Here is how the math works against a Boulder 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. If you were cited for any gear or license issue after a crash, contact an attorney before you talk to the insurer.

The legal guide

Colorado motorcycle laws every Boulder rider should know

Colorado motorcycle law lives mostly in C.R.S. Title 42, and 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 after 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.

Local Knowledge

Boulder roads. Boulder trauma care. Boulder courts.

A Boulder motorcycle case lives in Boulder: the highways where these crashes happen, the trauma center that treats the most serious injuries, and the courthouse where your case may be filed. Here is the ground we work on.

High-Risk Roads

US 36, US 287, and the Diagonal Highway

Boulder County's Vision Zero program flags the corridors riders know too well. U.S. 36, the Denver-Boulder Turnpike that runs through Boulder on 28th Street, has seen multiple fatalities from head-on and single-vehicle crashes. U.S. 287 has logged numerous head-on and speed-related crashes, and Colorado 119, the Diagonal Highway running northeast toward Longmont, has produced curve-related crashes and motorcyclist fatalities. Contributing factors include excessive speed, impaired driving, and failure to negotiate curves. We document the road conditions where your crash occurred.

Trauma Care

Foothills Hospital

After a serious Boulder motorcycle crash, the most critically injured riders are often treated at Foothills Hospital, part of Boulder Community Health at 4747 Arapahoe Avenue. It is a verified Level II trauma center, the first Level II trauma center designated in Boulder County. Those medical records document the full scope of your injuries, including road rash, fractures, and nerve damage, and become the backbone of your damages claim.

Courthouse

Boulder County Combined Court

Personal injury cases that arise in Boulder County are filed in the Boulder County Combined Court, part of the 20th Judicial District, at 1777 6th St. in Boulder, with an alternate location in Longmont at 1035 Kimbark St. Boulder civil procedure differs from suburban and Denver courts, and the judges and opposing counsel either know your firm or they do not. We handle 20th Judicial District cases directly.

Why CGH

Why Boulder motorcycle accident victims choose CGH Injury Lawyers

Trial-ready attorneys, bilingual help, deep command of the gear and filtering rules, and no fee unless we win. We do not publish motorcycle settlement figures, because every crash injury is different and a number on a page tells you nothing about your case. What we offer is the work, not a headline.

The Defense We Beat

We answer rider-blame bias

Adjusters start from the assumption the rider was reckless. We document compliance with the gear, filtering, and licensing rules so a "failure to mitigate" or "negligence per se" argument cannot stick.

Filtering vs Splitting

We know the August 2024 rules cold.

Lane filtering is legal under C.R.S. 42-4-1503 when traffic is stopped and you travel 15 mph or less. Insurers mislabel it as illegal splitting to deny claims. We use dashcam footage, witness statements, and traffic data to prove what actually happened.

Comparative Fault

We fight the fault percentage.

At 50 percent or more fault you recover nothing (C.R.S. 13-21-111). We challenge the inflated share insurers assign to riders.

Underinsured Drivers

We find every policy.

When the at-fault driver carries Colorado's minimum limits, your own UM/UIM coverage often becomes the case. We pursue it.

Trial-Ready

Built for the courtroom.

Managing Partner Kevin Cheney is a member of the American Board of Trial Advocates and has tried over 25 cases to verdict. Timothy G. Tarr has been recognized by Best Lawyers every year since 2023. When attorneys are genuinely ready to try a case in the 20th Judicial District, insurers respond differently to a demand.

Bilingual

Hablamos espanol.

Spanish-speaking staff and attorneys serve Boulder's Spanish-speaking riders.

No Win, No Fee

Contingency only.

You pay nothing out of pocket for legal fees. We advance costs and collect only from a settlement or verdict.

One honest thing we will tell you up front: we do not sign up motorcycle cases we cannot honestly stand behind. If the evidence shows your share of fault would clear Colorado's 50 percent bar under C.R.S. 13-21-111, we will say so in the free review rather than take your case and let it stall. When the law and the facts are on your side, we fight hard. When they are not, you deserve to hear that early, for free.

After the Crash

What to do after a motorcycle accident in Boulder

Take care of your health first, report the crash, protect the evidence, then call before you talk to the insurer. Here is the path we walk with you.

  1. Call 911 and get medical care

    Report the crash and seek treatment even if injuries seem minor. Serious Boulder crash injuries are often treated at Foothills Hospital, the county's Level II trauma center. Keep every record.

  2. Document the scene

    Photograph your injuries, the bike, the other vehicle, and the road, whether the crash happened on US 36, US 287, the Diagonal Highway, or a city intersection. Get the names and contact information of any witnesses.

  3. Preserve the evidence fast

    Dashcam footage, traffic-camera data, and the scene record disappear or get reinterpreted by the insurer. We move quickly to secure what defeats the rider-blame defense.

  4. Call before insurance does

    The other driver's insurer may call quickly. Do not admit fault, give a recorded statement, or accept any offer before speaking with us. Call (303) 209-9395.

  5. We build your claim

    We document your compliance with the gear, filtering, and licensing rules, locate every policy in play including UM/UIM, and build the full medical, wage, and life-impact picture.

  6. Negotiate or try the case

    Most cases settle. We negotiate as lawyers prepared to try the case. When an insurer refuses a fair offer, we file in the 20th Judicial District and present your case to a jury.

Compensation

What compensation can you recover after a Boulder motorcycle crash?

A serious motorcycle crash can run past 100,000 dollars in medical bills, lost wages, and long-term rehabilitation. Colorado law recognizes several categories of damages, and the caps that apply depend on when your claim accrues.

Damages that are not capped

  • Economic damages such as medical bills and lost wages are never capped.
  • Future medical, surgical, and rehabilitation costs.
  • Lost earning capacity when injuries keep you from your work.
  • Compensation for physical impairment or disfigurement is not capped at all (C.R.S. 13-21-102.5).

Damages subject to the cap

  • Non-economic damages such as pain and suffering and loss of enjoyment of life.
  • For claims accruing on or after January 1, 2025, the non-economic cap is 1.5 million dollars (C.R.S. 13-21-102.5), with inflation adjustments starting in 2028.
  • Lower, inflation-adjusted caps apply to older claims based on when the claim accrued.

When a rider is killed

For families who lost a rider, Colorado's wrongful death law applies. Economic damages are not capped, and non-economic damages in a wrongful death case are capped at 2.125 million dollars for claims accruing on or after January 1, 2025, with inflation adjustments starting in 2028 (C.R.S. 13-21-203). That cap disappears entirely if the death resulted from a felonious killing. Lower caps apply to older claims, so the date the claim accrues matters.

Coverage and fault

Insurance and comparative negligence for Boulder riders

Colorado's minimum coverage rarely meets the cost of a serious motorcycle injury, which is why your own UM/UIM coverage so often becomes the case. And because adjusters inflate a rider's fault percentage, the comparative negligence rule decides whether you recover at all.

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.

Defense playbook

Defenses insurers use against Boulder riders, and how we answer them

Defense attorneys reach for the same arguments in nearly every motorcycle case. Knowing what each one actually requires under Colorado law is how we keep a valid claim alive.

  1. "You failed to mitigate"

    When a rider 18 or older was not wearing a helmet, the defense argues the rider worsened the injury and should bear part of the cost. Riding without a helmet is legal in Colorado for adults (C.R.S. 42-4-1502), and a legal choice is not a free pass for the insurer. We fight the mitigation defense with medical evidence about the cause of the injuries.

  2. "You were splitting lanes"

    Insurers mislabel legal lane filtering as illegal lane splitting to deny the claim. Filtering is legal under C.R.S. 42-4-1503 when traffic is fully stopped and you travel 15 mph or less. We use dashcam footage, witness statements, and traffic data to prove what actually happened.

  3. "The rider was mostly at fault"

    Under Colorado's modified comparative negligence rule, the insurer needs only to push your share of fault to 50 percent or more to bar your recovery entirely (C.R.S. 13-21-111). We challenge the inflated fault percentage with the crash evidence and the other driver's conduct.

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Questions

Boulder motorcycle accident, frequently asked questions

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). Insurers often mislabel legal filtering as illegal splitting to deny a Boulder rider's claim.

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. 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 (C.R.S. 13-21-111). We fight that argument with medical evidence.

How long do I have to file a motorcycle accident lawsuit in Colorado?

Colorado gives you three years from the date of the crash to file a lawsuit for injuries arising out of the use or operation of a motor vehicle, which includes motorcycles (C.R.S. 13-80-101(1)(n)). Shorter deadlines can apply in some situations, so it is best to consult an attorney soon after the crash to confirm your specific deadline.

Where is a Boulder motorcycle accident lawsuit filed?

Personal injury cases that arise in Boulder County are filed in the Boulder County Combined Court, part of the 20th Judicial District, at 1777 6th St. in Boulder, with an alternate location in Longmont at 1035 Kimbark St. Most claims settle before a lawsuit is filed, but where a case would be filed affects the local rules and the jury pool. We handle 20th Judicial District cases directly.

Does Colorado cap damages in a motorcycle injury case?

Economic damages such as medical bills and lost wages are never capped, and compensation for physical impairment or disfigurement is not capped either (C.R.S. 13-21-102.5). Non-economic damages such as pain and suffering are capped at 1.5 million dollars for claims accruing on or after January 1, 2025, with inflation adjustments starting in 2028. Lower caps apply to older claims based on when the claim accrued.

How does comparative negligence affect a Boulder 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. Adjusters routinely inflate a rider's fault percentage, which is why challenging that assessment matters.

What should I do after a motorcycle accident in Boulder?

Call 911 and report the crash. Seek medical attention, even if injuries seem minor. Serious injuries in Boulder are often treated at Foothills Hospital, the county's Level II trauma center. Document the scene with photos and witness information. Do not admit fault or give a recorded statement to insurers without legal advice. Then contact an experienced motorcycle accident attorney at (303) 209-9395.

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It's More Than Money.

You were hurt riding in Boulder. We answer the bias against you.

Free consultation. No fee unless we win. Available in English and Spanish.

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Call (303) 209-9395 Get my free motorcycle case review

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CGH Injury Lawyers · Serving Boulder from 2701 Lawrence St., Suite 201, Denver, CO 80205