Practice Area
Riding a motorcycle doesn’t make you responsible for someone else’s mistake, even when an adjuster assumes it does. We answer that bias with evidence, and you pay nothing unless we recover.
When you hire Smith & Weidinger, you work with the lawyer handling your case, not a call center. Founding partner Matthew A. Weidinger focuses on serious-injury cases with complex liability and damages. Before co-founding the firm, he worked at large and small personal injury firms in Denver and Colorado Springs and served as a Deputy District Attorney in Mesa County.
We handle motorcycle crash claims from our offices in Denver (1040 S. Gaylord St.) and Colorado Springs (415 N. Tejon St.), whether the crash happened in city traffic, on I-25, or on a mountain highway. Our team also understands riding. Our practice manager, Danielle Sharp, is an avid rider who spends her free time on Colorado’s mountain roads, and we know how much changes when a driver doesn’t look.
Most motorcycle crashes happen because a driver didn’t see the rider or didn’t give the rider room.
The at-fault driver’s liability insurance is the first source, but Colorado’s minimum is only $25,000 per person, and rider injuries often exceed it. That makes uninsured/underinsured motorist (UM/UIM) coverage the policy every rider should check. It’s included unless you rejected it in writing, it isn’t reduced by what the at-fault driver’s insurer pays, and depending on the policy language, another policy in your household may also apply.
Colorado’s rule that auto policies include $5,000 in medical payments coverage doesn’t apply to motorcycle policies, so yours may or may not have it. Health insurance may pay for treatment and then seek repayment from your settlement, and we negotiate those claims. If the insurer blames you, Colorado’s comparative fault rule applies: you can recover if you were less than 50% at fault, reduced by your share.
Colorado personal injury
“I never saw the motorcycle” isn’t a defense. Get a free consultation with a Colorado injury attorney. Not a screener.
You pay nothing upfront.
Not a call center.
Serious-injury crashes and the insurance claims that follow.
Commercial trucking crashes with complex liability.
Injuries caused by dangerous property conditions.
Some adjusters assume a rider was speeding, weaving, or showing off, and that assumption can shape a settlement offer before anyone looks at the evidence. We start with the evidence, because it usually tells a different story.
Rider injuries are also more serious and last longer, so we build the claim around your whole recovery, not the first few weeks.
Every motorcycle claim is built from the same pieces:
Photos, skid marks, debris, sight lines, and witnesses who can answer "I never saw the motorcycle."
Your motorcycle, helmet, jacket, and boots are evidence. Their damage can show how the crash happened, so don't repair or scrap them yet.
Helmet-cam, dash-cam, and nearby business cameras. Business footage is often recorded over within days or weeks.
The driver's liability coverage, your UM/UIM, and any household policy that may apply.
Road rash, fractures, head and spinal injuries, and what they mean for your work and your riding.
We look at all of it. Then we decide, with you, whether to settle or file suit.
You talk with a lawyer, not a screener. We explain your options, the deadlines that apply, and how our contingency fee works.
Get the care you need. We deal with the insurance companies and help coordinate MedPay, health insurance, and providers so your treatment doesn't stall.
We collect the reports, photos, video, witness statements, and records, and we send preservation letters before evidence is lost.
Once your doctors have a clear picture of your recovery, we document your losses (medical bills, lost income, future care, and how the injury changed your life) and present the claim.
We negotiate with every insurer involved, and with the health plans and providers that want to be repaid, so more of the settlement stays with you.
If the insurer won't be fair, we file suit before the deadline and prepare the case for trial. Most cases settle, and that preparation is what gets them to a fair number.
Recent outcomes from our motor vehicle injury cases. None of these involved a motorcycle.
Settlement for a client rear-ended at high speed by a distracted driver.
Settlement for aggravation of neck and back injuries.
Settlement for a client struck by a red-light runner who tried to blame our client.
Results depend on the specific facts and legal circumstances of each case. Prior results do not guarantee or predict a similar outcome.
Unedited, from our Google profile.
Reviews are published on Google by the people who wrote them. Past results do not guarantee a similar outcome.
These are the questions riders ask most after a crash. The answers below are general. The crash, your injuries, and your coverage decide how they apply to you.
No, but lane filtering is. Since August 7, 2024, riders may pass stopped vehicles traveling in the same direction at 15 mph or less, when the lane is wide enough. Lane splitting between moving vehicles is still illegal. The filtering law is set to expire in September 2027 unless it’s extended.
Not by itself. Drivers must yield before turning left and make sure a lane change is safe, so failing to see a rider who was there to be seen may show the driver wasn’t looking carefully.
Colorado requires helmets only for riders under 18. For adult riders, Colorado courts have held that not wearing a helmet generally can’t be used to show negligence or reduce damages. We answer any helmet argument with the medical evidence.
It depends on the policy language. Your motorcycle policy is the first place to look, but some household policies may also provide UM/UIM coverage when an uninsured or underinsured driver hurts you. We review every policy that might apply.
Keep it as it is until it’s been photographed and inspected. Don’t repair, sell, or scrap it, and keep your helmet and gear too. If the insurance company wants to take the bike, talk to a lawyer first.
Most motorcycle accident lawsuits must be filed within three years of the crash. Claims against a government agency need written notice within 182 days. Video and witness memories fade much faster, so start early.
