If you were riding your motorcycle and a car hit you, your first thought might be that the driver of that car is clearly at fault. While that may seem logical, Colorado law doesn’t always see it that way. Motorcycle accident cases can become legally complex, especially under the state’s comparative negligence system. In Colorado, the legal system allows for fault to be divided among multiple parties in an accident—even if one vehicle clearly struck the other. That means it’s entirely possible for an injured motorcyclist to be found partially responsible for the crash. 

In some cases, insurance companies will aggressively argue that the rider contributed to the collision in some way, which can reduce or even eliminate any compensation that rider is entitled to. So yes—you can be blamed for a motorcycle crash even if a car hit you. And that’s why it’s critical to understand how Colorado’s fault system works, what insurance companies look for, and what you can do to protect your rights after a crash.

How Colorado’s Modified Comparative Negligence Works

Colorado follows what’s known as a modified comparative negligence rule with a 50% bar. That means:

• If you are found to be less than 50% at fault, you can still recover damages—though your compensation will be reduced based on your percentage of fault.
• If you are found to be 50% or more at fault, you are barred from recovering any damages at all.

Let’s break this down with an example: - Suppose your total damages from a motorcycle crash are $120,000. - If you’re found to be 30% at fault, your compensation would be reduced by 30%, meaning you’d receive $84,000. - If you’re found to be 50% at fault or more, you would receive nothing. This makes the stakes incredibly high for motorcyclists. Insurance companies and defense attorneys know this and may try to assign you just enough blame to block your claim entirely.

How Motorcyclists Are Commonly Blamed After Accidents

Even when a car clearly strikes a motorcyclist, insurance companies may still try to shift the blame. Their goal is to reduce liability—not necessarily to reflect the facts. Here are some of the most common accusations made against motorcyclists after a crash:

• Speeding: They may claim you were traveling too fast for road or traffic conditions, even if you were under the speed limit.
• Lane positioning: Insurance adjusters sometimes argue that you were riding in a blind spot or too close to another vehicle.
• Lane-splitting: Although it’s illegal in Colorado, just being accused of weaving through traffic can hurt your case.
• Failure to signal: If you didn’t use turn signals or failed to signal clearly, they might claim you contributed to the crash.
• Lack of visibility: They may say your gear wasn’t reflective enough or you weren’t using your lights at dusk or dawn.
• Helmet use: While not required for riders over 18 in Colorado, not wearing a helmet may be used as an argument for negligence or to reduce damages related to head injuries.

Even if these claims are exaggerated or outright false, they can be enough to complicate or derail your case—especially if you don’t have an experienced legal team fighting for you.

How Fault Is Determined in Motorcycle Accidents

Determining fault is rarely based on a single statement or event. It involves multiple factors, including:

• Police reports: Officers on the scene will often make notes or conclusions that can influence how insurance companies assign blame. If a report says “both parties contributed,” that can hurt your case.
• Eyewitness testimony: Witnesses may not always see the full picture and can misinterpret the actions of the motorcyclist.
• Vehicle damage analysis: The location and type of damage can be used to reconstruct how the crash occurred.
• Traffic camera footage or dashcams: In some cases, video evidence can be the most objective way to determine fault—but it’s not always available.

At Bell & Pollock, our motorcycle accident attorneys regularly work with accident reconstruction experts and investigators to challenge unfair blame and build a strong case in your favor.

What to Do If You’re Being Blamed

If the other driver’s insurance company or your own insurer is suggesting you were partially or fully at fault, don’t panic—but don’t ignore it either. Here’s what you should do immediately:

• Do not admit fault: Even casual statements like “I didn’t see them” or “I was going a little fast” can be used against you.
• Get medical care: Delaying medical attention can be spun as evidence that you weren’t seriously injured or are exaggerating your claim.
• Document everything: Photos, videos, witness contact info, and your version of events should all be preserved.
• Speak to an attorney before the insurance company: Insurance adjusters are trained to ask questions that elicit statements harmful to your case.

The sooner you involve an experienced attorney, the more likely you are to protect your claim from being undermined.

Why Legal Help Makes the Difference

In any injury case, especially one involving a motorcycle, the odds are stacked against the rider. There's a persistent (and unfair) bias that motorcyclists are “risk takers” or more likely to be reckless. Insurance companies count on that perception. By hiring a law firm that understands both the legal strategy and the public bias, you dramatically increase your chances of recovering full compensation. At Bell & Pollock, we’ve helped countless injured riders in Denver and across Colorado fight back against blame-shifting tactics and lowball settlements. We’ll work to prove exactly what happened in your crash—and hold the at-fault parties accountable.

If you've been injured in a motorcycle crash and someone is trying to pin the blame on you, don’t wait to get help. Contact us today for a free consultation. Let us fight for the justice—and the compensation—you deserve.