In 2024, Colorado State Troopers investigated 135 fatal crashes between January 1 and July 16, and 15.5% (21) of those involved a motorcycle. Yet, despite the risks bikers face, they’re often unfairly blamed after motorcycle accidents, even when another driver is at fault.
This bias can make it harder for you to file a motorcycle accident claim successfully. Insurance companies assume bikers are reckless, and even police reports may reflect this unfair judgment. However, strong motorcycle accident evidence, like crash scene photos and eyewitness accounts, can help set the record straight.
If you’re wrongly blamed in a motorcycle accident, you could be left paying for medical bills, repairs, and lost wages. You must consult a Colorado motorcycle accident lawyer as soon as possible to get the compensation you deserve.
But first, let’s understand what it takes to prove you weren’t at fault in a motorcycle crash in Colorado.
Why Motorcyclists Are Often Wrongly Blamed in Colorado
Riders frequently face unfair blame in motorcycle accidents due to persistent stereotypes. Many people, including police officers and insurance adjusters, assume that bikers are reckless, aggressive, or prone to speeding.
Even when following traffic laws, riders are often seen as risk-takers simply because motorcycles are smaller and more maneuverable than cars. This misconception can unfairly impact how motorcycle crashes are investigated and claims are handled.
Common Stereotypes About Motorcyclists
- Speeding Assumption: Motorcyclists are often presumed to be speeding, even when riding within the legal limit.
- Recklessness Bias: There is a common belief that bikers weave through traffic carelessly, though lane-splitting is only legal in certain states.
- Visibility Issue: Drivers may claim they “didn’t see” the motorcyclist and shift blame unfairly onto you (the rider).
How Police and Insurance Adjusters Hold Bias
- Police Reports: Officers at the scene may unintentionally favor the other driver’s perspective, especially if you were injured and unable to give a statement.
- Insurance Companies: Adjusters often use bias to minimize or deny claims, assuming motorcyclists take unnecessary risks.
- Witness Testimony Influence: Witnesses unfamiliar with motorcycle dynamics may mistakenly assume the rider was at fault based on speed or movement.
Although you may face unfair blame after a motorcycle accident, help is available. The American Motorcyclist Association (AMA) actively advocates for bikers’ rights. They’ve been instrumental in challenging unfair biases and protecting motorcyclists from wrongful fault determinations.
In addition to advocacy, speaking with a competent attorney as soon as possible can make a huge difference. Unlike everyone else, a lawyer is on your side and provides an unbiased analysis of your motorcycle crash. They can help you understand the true cost of a motorcycle accident and recover fair compensation.
What Evidence Can Prove You Weren’t at Fault
If you’re facing motorcycle crash bias in Colorado, strong evidence is your best defense. The more proof you have, the easier it is to push back and fight for fair compensation. Here’s what you need:
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Police Reports
Police reports can heavily influence motorcycle accident claims in Colorado, but they’re not always accurate. Officers at the scene may assume you (the biker) were at fault, even when that’s not the case. Always request a copy, review it carefully, and challenge any mistakes with solid motorcycle accident evidence.
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Eyewitness Statements
Neutral witnesses can back up your side of the story. If bystanders saw what happened, get their contact info. Their statements can help counter unfair assumptions and provide an objective account of what happened.
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Dashcam & Surveillance Footage
Video evidence is one of the strongest ways to prove a motorcycle accident fault. If you can get the dashcam footage, secure it immediately. Also, check if nearby businesses or traffic cameras captured the accident, it could make all the difference.
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Accident Scene Photos
A few quick snapshots can go a long way in proving what really happened. Make sure to capture:
- Road conditions, traffic signs, and skid marks
- Damage to all vehicles involved
- Weather and lighting at the time of the accident
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Motorcycle Damage Analysis
Your bike’s damage can tell a story. The impact angles and severity can help prove how the accident happened. A professional analysis may further support your claim.
Gathering this evidence is critical in fighting motorcycle crash bias. And if you’re up against an unfair fault determination, talking to a motorcycle accident attorney early on can help protect your rights and get you the compensation you deserve.
Dealing with Insurance Company Bias
Insurance companies often assume motorcyclists take unnecessary risks, leading to unfair claim denials or lowball settlement offers. Knowing how to push back against this bias can help you secure the compensation you rightfully deserve.
How Insurance Companies Minimize Motorcycle Claims
- Unfair Fault Assumptions: Adjusters may blame you without fully investigating the accident.
- Low Settlement Offers: Insurers often undervalue motorcycle accident damages, assuming riders will accept less.
- Delayed Claim Processing: They may drag out your claim, hoping financial stress forces you to settle.
How You Can Fight Back
- Gather Strong Evidence: Submit police reports, eyewitness statements, and accident scene photos to back up your claim.
- Watch What You Say: Never admit fault or say anything that could be twisted to minimize your compensation.
- Get Legal Help: Manning Law knows how to fight for bikers. A skilled motorcycle accident attorney can negotiate on your behalf and challenge unfair insurance tactics.
Don’t let bias cost you the compensation you deserve. Get the right legal support and take control of your claim.
Expert Analysis and Accident Reconstruction
When fault is disputed, accident reconstruction specialists can provide critical insight into how a motorcycle crash happened. These experts examine skid marks, vehicle damage, and crash dynamics to create a clear, evidence-based picture of the events leading up to the accident.
Here’s how:
- Reconstructing the Crash: Specialists use physics and engineering to determine speed, braking, and impact angles.
- Medical Reports & Injury Consistency: Experts analyze your injuries to confirm they align with the accident’s circumstances.
- Expert Testimony: A credible specialist can explain findings in court or settlement discussions to support your claim.
Even if you weren’t wearing a helmet at the time of the accident, you can still file a motorcycle accident claim. While helmet use can impact certain aspects of a case, it does not automatically make you at fault or prevent you from seeking compensation. Just make sure to speak with a competent attorney as early as possible.
Were You in a Motorcycle Crash? Let’s Talk!
Fighting motorcycle crash bias takes strong evidence, expert analysis, and the right legal team in your corner. If you’re being unfairly blamed for a motorcycle accident in Colorado, don’t wait! Taking action now can protect your rights and get you the compensation you deserve.
At Manning Herrington, we know how tough it is for bikers to deal with insurance companies and fault disputes. We’re here to fight for you and make sure you’re treated fairly. Call 720-649-4747 now or fill out our online form to book a free consultation.
