Motorcycle accidents can cause spinal cord injuries, traumatic head injuries, loss of limbs, paralysis, and other severe damages. According to recent statistics from the Colorado Department of Transportation (CDOT), motorcycle accidents were responsible for about 16 percent of all traffic-related fatalities in 2018. During this period, there were 103 deaths to motorcycle riders.

Furthermore, a motorcycle accident can cause devastating consequences on your financial, mental, and physical health. If you or a family member were injured in a motorcycle accident caused by another person’s negligence or recklessness, you may hold the responsible party liable. Our attorneys can fight to protect your rights and pursue fair financial compensation to cover medical bills, future medical treatment, lost income, and pain and suffering.

Downs, McDonough, Cowan & Foley proudly serve clients across Durango, Colorado, and the surrounding communities of Telluride, Pagosa Springs, Cortez, and The Four Corners.

Steps to Take After a Motorcycle Accident

The period after a motorcycle accident can be quite terrifying. You may be confused, hurt, and frustrated. Nonetheless, it’s important to remain calm, receive adequate medical attention, and take the steps necessary to establish liability. Immediately following a motorcycle accident, it’s important that you:

  1. Seek Medical Help: Your health should be your primary concern. Visit a local emergency room (where warranted) or your regular doctor to receive immediate treatment for all your injuries.

  2. Retain Copies of Important Documents: Collect all relevant information, including the other driver’s phone number, license number, police report, accident scene pictures, and witness statements. Also, document all of your medical treatments, medical costs, and doctor’s appointments.

  3. Record Details: It’s important that you document the details of what occurred during the accident as soon as possible. This will help you capture specific details that might later be forgotten.

  4. Contact Insurance: Report the accident to your insurance company or provider.

  5. Hire a Personal Injury Attorney: Retain an experienced motorcycle accident attorney to help you file claims or negotiate with the insurance company.



Determining Fault and Liability
in a Motorcycle Accident

When determining fault and liability for a motorcycle accident in Colorado the following factors may be considered:

Lane Splitting Laws in Colorado

Lane splitting can be described as a traffic maneuver whereby a motorcyclist drives between two rows of motor vehicles moving in the same direction. The Colorado Department of Transportation explicitly prohibits lane splitting. Likewise, the CDOT bans overtaking or passing a motor vehicle in the same lane as the vehicle. Motorcyclists are required to pass using a separate lane. If the accident occurred due to lane splitting, the motorcyclist may face civil liability for damages.

Comparative Fault Model 

The state of Colorado uses a comparative fault model to determine the available compensation one is able to recover. Under this law, you will only receive compensation if the other party’s liability is determined to be 50 percent or greater. Conversely, you will forfeit any right to receive compensation for your injuries or damages if your liability for the accident was 50 percent or greater.

No Helmet Law in Colorado

In Colorado, motorcyclists aged 18 years and above are not required to wear helmets. However, if motorcyclists, including passengers and operators, are below 18 years, wearing DOT-approved helmets becomes compulsory for them.

How a Personal Injury Attorney Can Help 

Being involved in a motorcycle accident or losing a family member can result in devastating, long-lasting consequences. You should consult with a Colorado personal injury attorney to protect your rights and help you pursue fair financial compensation.

Our team at Downs, McDonough, Cowan & Foley have dedicated their careers to protecting the rights of motorcycle accident victims. As experienced personal injury attorneys, we will:

  • Review your case and conduct a detailed investigation.

  • Gather all necessary evidence and obtain all required documentation.

  • Establish fault and liability

  • Determine and estimate case-value

  • Handle all communication and negotiations with the insurance company

  • File a personal injury or wrongful death lawsuit, if necessary.

Our attorneys will fight diligently on your side. We will help you pursue fair financial compensation for your damages, injuries, pain and suffering, or loss. 


If you or your loved one were injured in a motorcycle accident involving a negligent party, you may be entitled to compensation. Call Downs, McDonough, Cowan & Foley today to schedule a case evaluation. Our team will review your case and help you pursue fair compensation for your injuries and damages. We proudly represent personal injury and wrongful death victims throughout Durango, Telluride, Pagosa Springs, Cortez, and The Four Corners, Colorado. Call today to speak with a knowledgeable personal injury attorney and receive reliable legal guidance.