What a Colorado Springs motorcycle accident lawyer does for your claim
A motorcycle accident lawyer in Colorado Springs handles the negotiation and legal work on your claim so you do not have to manage it alone while recovering. They contact the at-fault driver's insurance company, gather evidence (police reports, medical records, witness statements, photos of the scene), and build a case for what you are owed. They also handle the math: calculating your medical bills, lost wages, pain and suffering, and any permanent injury costs.
Most importantly, they know Colorado's specific rules. Colorado is a modified comparative negligence state, which means if you are found partly at fault for the accident, your recovery is reduced by your percentage of fault — but only if you are less than 50% at fault. A lawyer who knows this rule can argue against an insurer's attempt to blame you for part of the crash.
If the insurer refuses a fair settlement, your lawyer can file a lawsuit in El Paso County District Court and represent you through trial. Many cases settle before trial, but having a lawyer willing to go to court changes how seriously the insurance company takes your claim.
Key Takeaways
- A motorcycle accident lawyer negotiates with the at-fault driver's insurance company and handles all paperwork so you can focus on recovery.
- Colorado's modified comparative negligence rule means you can recover damages even if you are partly at fault, as long as you are less than 50% responsible.
- Most motorcycle accident lawyers in Colorado Springs work on contingency, meaning they take a percentage of your settlement or judgment instead of charging an upfront fee.
- You have three years from the date of the accident to file a lawsuit in Colorado, but settling earlier is usually faster and less costly.
- A lawyer can file a claim against the at-fault driver's liability insurance, your own uninsured or underinsured motorist coverage, or both.
How contingency fees work in Colorado motorcycle claims
Most motorcycle accident lawyers in Colorado Springs charge on contingency, meaning they take a percentage of what you recover — typically 25% to 40% — and you pay nothing upfront. If you do not recover money, they do not get paid. This arrangement removes the financial risk of hiring a lawyer and aligns their incentive with yours: they only make money if you win.
The percentage varies by lawyer and by case complexity. A straightforward settlement might be 25%; a case that goes to trial often costs the lawyer more in time and informed fees, so they may ask for 33% to 40%. Ask about the percentage before you hire, and ask whether it applies to the gross settlement (the full amount before expenses) or the net settlement (after costs are subtracted).
You are also responsible for case costs: filing fees, court reporter fees, medical record requests, informed witness fees, and accident reconstruction if needed. These come out of your settlement, separate from the lawyer's contingency fee. A good lawyer will explain these costs upfront and keep you informed as they accumulate.
Finding a motorcycle accident lawyer in Colorado Springs
Start with the Colorado Bar Association Lawyer Referral Service, which lists lawyers by practice area and location. You can search online at coloradobar.org or call them directly. They vet lawyers for bar membership and disciplinary history, so you know you are getting someone licensed to practice in Colorado.
Ask for lawyers who list motorcycle accidents or personal injury as a practice area. A lawyer who handles motorcycle claims regularly knows the specific injuries, the insurance company tactics, and the local judges and juries in El Paso County. A general personal injury lawyer may take your case, but a specialist will move faster and negotiate harder.
Once you have a few names, call each one for a free initial consultation. Most offer this at no cost. Ask about their experience with motorcycle accidents, their success rate in settling cases, how long cases typically take, and what they charge. Pay attention to whether they listen to your story or rush through the call — that tells you how they will treat your case.
What to bring to your first meeting with a lawyer
Bring the police report number or a copy of the report itself. If you have not filed a report, ask the lawyer whether you should; in Colorado, you are not required to report a motorcycle accident to police unless someone was injured or property damage exceeds $2,000, but a report creates an official record that helps your claim.
Bring your medical records and bills, even if treatment is ongoing. Bring photos of your motorcycle, your injuries, and the accident scene if you took any. Bring the names and contact information of any witnesses. Bring your insurance policy and the at-fault driver's insurance information if you have it. Bring any communication with the other driver or their insurance company.
If you have already filed a claim with the at-fault driver's insurance company, bring copies of all letters and emails. If an adjuster has made you an offer, bring that too. The lawyer will review all of this and tell you whether the offer is fair or whether you should reject it and pursue a lawsuit.
Colorado's statute of limitations and why timing matters
In Colorado, you have three years from the date of the accident to file a lawsuit. This is called the statute of limitations. If you do not file within three years, you lose the right to sue, and the at-fault driver's insurance company knows this. As the important date approaches, they have less incentive to settle because they know you will have to sue or give up.
This does not mean you have to wait three years. In fact, waiting is usually a mistake. The longer you wait, the harder it is to find witnesses, the more medical records pile up, and the more expensive the case becomes. Insurance companies also move slower when they think you are not serious about pursuing a claim.
A lawyer will file what is called a notice of claim or demand letter within weeks of taking your case, which starts the negotiation clock. If the insurer does not make a reasonable offer within a few months, the lawyer will file a lawsuit in El Paso County District Court. Filing a lawsuit does not mean you will go to trial — most cases settle after the lawsuit is filed but before trial — but it signals that you are serious.
Uninsured and underinsured motorist coverage in Colorado
If the at-fault driver has no insurance or not enough insurance to cover your damages, your own uninsured motorist (UM) coverage or underinsured motorist (UIM) coverage may pay the difference. Colorado requires all auto insurance policies to include UM/UIM coverage unless you specifically decline it in writing.
Your lawyer will file a claim against the at-fault driver's liability insurance first. If that does not cover all your damages, they will file a claim against your own UM/UIM coverage. This is a separate negotiation with your own insurance company, and it can be just as contentious as the liability claim. Your lawyer handles both.
UM/UIM claims have their own rules in Colorado. For example, if you settle with the at-fault driver's liability insurance, you may still pursue your UM/UIM coverage for the remaining damages, but you cannot recover twice for the same injury. A lawyer familiar with Colorado UM/UIM law will structure your settlement to preserve your right to pursue additional coverage if needed.
What happens if the case goes to trial
Most motorcycle accident cases settle before trial, but if the insurance company refuses a fair offer, your lawyer can take the case to El Paso County District Court. The trial process in Colorado takes several months to a year from the time the lawsuit is filed. Your lawyer will file motions, exchange evidence with the other side (called discovery), and prepare witnesses and evidence for trial.
At trial, a jury of six people hears evidence from both sides and decides whether the at-fault driver was negligent and how much you should be paid. Your lawyer presents your medical records, informed testimony about your injuries, and witness statements. The at-fault driver's lawyer argues their side. The jury then votes on liability (who was at fault) and damages (how much you are owed).
Trials are expensive and unpredictable. Your lawyer's contingency fee may increase if the case goes to trial, and you will pay for informed witnesses, which can cost thousands of dollars. However, a jury award is often larger than a settlement offer, and sometimes the threat of trial is enough to push the insurance company to settle fairly before the trial date.
Frequently Asked Questions
How long does a motorcycle accident claim usually take in Colorado Springs?
A straightforward settlement typically takes three to six months. If the case goes to trial, add another six to twelve months. The timeline depends on how quickly you reach maximum medical improvement (the point where your injuries stop improving), how cooperative the insurance company is, and how busy the El Paso County courts are.
Can I switch lawyers if I am unhappy with the one I hired?
Yes, but there are costs. If you fire your lawyer before the case settles, you may owe them for the work they have done, even if they do not recover money for you. A new lawyer will have to review the file and start over on negotiations. Ask your current lawyer about their fee agreement before you hire, so you understand what happens if you part ways.
What if the at-fault driver admits fault but their insurance company still lowballs my settlement offer?
Admission of fault does not may provide a fair settlement. The insurance company will still argue that your injuries are not as serious as you claim or that your medical treatment was unnecessary. Your lawyer will use your medical records, informed testimony, and comparable cases to push back and demand a higher offer. If the company refuses, your lawyer can file a lawsuit.
Do I have to go to court if I hire a lawyer?
No. Most cases settle without going to trial. Your lawyer negotiates with the insurance company, and if both sides agree on an amount, you sign a settlement agreement and receive a check. You only go to court if the insurance company refuses to settle and your lawyer decides to file a lawsuit.
What if I was partly at fault for the motorcycle accident?
Colorado's modified comparative negligence rule allows you to recover damages even if you are partly at fault, as long as you are less than 50% responsible. Your recovery is reduced by your percentage of fault. For example, if you are 20% at fault and your damages are $100,000, you recover $80,000. A lawyer can argue against the insurance company's attempt to overstate your fault.