7 Factors That Impact Your Compensation in a Motorcycle Accident Case
(Article originally published September 13, 2021. Updated on October 10, 2025.)
By Brian Pushchak, Denver Motorcycle Accident Attorney
A motorcycle accident can change your life in an instant. Beyond the physical pain and emotional trauma, you may face mounting medical bills, lost income, and an uncertain financial future. If another driver’s negligence caused your injuries, you have the right to pursue compensation for your losses — but determining the actual value of your motorcycle accident claim can be complex.
In Colorado, several factors affect how much compensation you can recover. Understanding these elements can help you make informed decisions and set realistic expectations for your case.
1. The Extent and Severity of Your Injuries
The most significant factor in any motorcycle accident case is the extent of your injuries and how they affect your life. Compensation is designed to make you “whole” again — to account for both financial and non-financial losses.
Common damages include:
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Current and future medical expenses (surgeries, rehabilitation, therapy, medications)
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Lost wages and loss of future earning capacity
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Pain and suffering
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Emotional distress and loss of enjoyment of life
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Permanent disability or disfigurement
Catastrophic injuries such as traumatic brain injuries, spinal cord damage, or amputations often result in much higher compensation because they require lifelong care and permanently alter your ability to work or enjoy normal activities.
2. Your Level of Fault (Comparative Negligence)
Colorado uses a modified comparative negligence rule. This means:
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You can only recover compensation if you are less than 51% at fault for the crash.
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Your total compensation is reduced by your percentage of fault.
For example, if you are found 25% responsible, your recovery will be reduced by that amount. If your damages total $100,000, you would receive $75,000.
Because insurance companies often try to shift blame onto motorcyclists, having an experienced attorney is essential to protect your rights and minimize fault assigned to you.
3. Whether the Other Driver Was Cited or Committed a Violation
Traffic citations or criminal charges can heavily influence fault determinations. If the at-fault driver was cited for:
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Speeding
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Running a red light
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Distracted driving
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Failure to yield
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Driving under the influence (DUI)
…it becomes much easier to establish liability. Police reports, witness statements, and dashcam or surveillance footage can further strengthen your case.
4. Impairment of the At-Fault Driver
When the other driver is found to be under the influence of alcohol or drugs, it can significantly increase both liability and potential damages. Colorado law considers impaired driving a serious offense, and juries often award higher compensation when a crash involves reckless or intoxicated behavior.
In some cases, punitive damages may also apply. These are designed to punish particularly egregious conduct and deter similar actions in the future.
5. Driving History of Both Parties
A driver’s past behavior can provide insight into who was more likely at fault. A documented pattern of speeding, aggressive driving, or prior DUI convictions can heavily influence the outcome. Likewise, if the motorcyclist has a clean record and proper training, it strengthens their credibility in court.
Your attorney may subpoena driving records or prior accident reports to demonstrate a pattern of negligence by the other party.
6. Insurance Policy Limits and Coverage
Even if a jury awards a large sum, the actual amount you receive often depends on insurance coverage. Colorado requires only minimum liability coverage — often not enough to cover serious motorcycle injuries.
When damages exceed the at-fault driver’s policy limit, you may pursue additional compensation from:
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Your own underinsured/uninsured motorist (UIM) coverage
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The at-fault driver’s personal assets (though this is rare)
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Third parties, such as vehicle manufacturers or government entities responsible for unsafe road conditions
An experienced attorney will analyze all available insurance policies to maximize your recovery.
7. Your Choice of Motorcycle Accident Attorney
Perhaps the most important factor within your control is who represents you. Motorcycle accident cases require specific knowledge of:
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Physics of motorcycle crashes
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Biases against riders by insurers or juries
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Complex medical documentation
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Long-term economic projections for recovery
Denver motorcycle accident attorney Brian Pushchak understands these dynamics and uses them to build strong, evidence-based cases. He ensures that every possible damage — financial and emotional — is accurately calculated and pursued.
With his exclusive Informed Decisions Approach™, Brian puts you in control of your case. He takes the time to understand your goals, explain your legal options, and help you make decisions with confidence. You’ll always know what’s happening, why it matters, and how it affects your outcome.
Getting the Compensation You Deserve
While no amount of money can erase the trauma of a serious crash, full and fair compensation can help you rebuild your life. Whether through settlement negotiations or trial litigation, Pushchak Law Firm fights tirelessly to ensure that negligent drivers and their insurers are held accountable.
If you’ve been injured in a motorcycle accident in Colorado, don’t navigate the insurance process alone. You deserve a lawyer who knows both the law and the lifestyle of riders — someone who respects your experience and protects your future.
Schedule a Free Consultation with Pushchak Law
Contact Pushchak Law Firm today to discuss your case with an experienced Denver motorcycle accident attorney. We’ll explain your rights, evaluate your claim, and help you pursue the compensation you need to move forward.
We proudly serve Denver and the surrounding areas of Colorado, standing up for motorcycle riders and accident victims across the state.
Visit Pushchak Law Firm to get started today.
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