Most rear-end motorcycle accidents share a common thread: a driver who failed to pay adequate attention to the road ahead. Motorcycles are smaller and less visible than other vehicles, which makes riders particularly vulnerable when drivers are distracted, impaired or following too closely. The most common causes of rear-end motorcycle accidents in Denver and throughout Colorado include:

• Distracted driving, including cell phone use and in-vehicle screen interaction
• Following too closely (tailgating)
• Speeding, which reduces the driver’s ability to stop in time
• Driving under the influence of drugs or alcohol
• Fatigued driving, which slows reaction time
• Failure to account for wet or icy road conditions that extend stopping distances

Failure to notice a motorcycle slowing or stopping due to poor visibility conditions

In the vast majority of rear-end motorcycle accidents, the driver who struck you from behind is the liable party. Colorado’s modified comparative negligence laws require that driver to be at least 51% responsible for the crash for you to recover compensation, and in rear-end collisions that standard is almost always met. However, depending on the circumstances of your accident, additional parties may also be at least partially responsible for your damages:

• The driver who rear-ended you is the primary liable party in most rear-end motorcycle accident cases
• A third driver may share liability in chain reaction crashes where their negligence set the collision in motion
• An employer may be liable if the driver who struck you was operating a company vehicle or performing work duties at the time of the crash
• A vehicle manufacturer may bear responsibility if a mechanical defect, such as brake failure, contributed to the driver’s inability to stop in time

A government entity may be liable if a road defect, inadequate signage or poorly designed intersection contributed to the crash

The damages available to rear-end motorcycle accident victims often exceed those in other types of traffic accidents because the injuries are frequently catastrophic and carry long-term financial consequences that extend well beyond your initial medical bills. Colorado law entitles you to recover both economic and non-economic damages from the driver responsible for your crash.

Economic Damages

Economic damages cover the direct financial costs your injuries have caused. This includes costs you’ve already incurred as well as costs you’ll face in the future. In rear-end motorcycle accident cases involving serious injuries, future costs often represent the largest component of your total economic damages. Depending on the specifics of your case, your economic damages may include:

• Emergency medical treatment, surgery and hospitalization
• Ongoing medical care and follow-up procedures
• Physical therapy and long-term rehabilitation
• Costs of future surgeries or medical procedures related to your injuries
• Psychological counseling and therapy
• Lost wages during your recovery
• Lost earning capacity if your injuries prevent you from returning to your previous occupation
• Costs of assistive devices or home modifications required as a result of permanent disability

Non-Economic Damages

Non-economic damages compensate you for the ways the crash has affected your life beyond the financial costs. These damages are more difficult to calculate but can represent a significant portion of your total recovery, particularly in cases involving permanent injuries or disfigurement. They may include:

• Pain and suffering
• Emotional distress and psychological trauma
• Permanent scarring and disfigurement
• Loss of enjoyment of life, including your ability to ride
• Loss of companionship

Punitive Damages

In cases where the driver who rear-ended you was impaired by alcohol or drugs at the time of the crash, punitive damages may also be available. Punitive damages are designed to punish particularly egregious conduct and deter similar behavior, and they can significantly increase the total value of your recovery. Mr. Pushchak can evaluate whether punitive damages apply to the specific circumstances of your case.

In Colorado, you have three years from the date of your motorcycle accident to file a personal injury lawsuit. If the crash resulted in a fatality, the family of the deceased has two years from the date of death to file a wrongful death claim. Failing to file within these deadlines will almost certainly result in losing your right to pursue compensation.
Despite having three years to file, waiting to contact an attorney after a rear-end motorcycle accident puts your case at a significant disadvantage. Evidence that is critical to establishing liability in these cases disappears quickly. Traffic and dashcam footage is routinely overwritten within days or weeks. Skid marks and road debris are cleared. Witnesses’ recollections fade. The sooner Mr. Pushchak can begin investigating your crash, the stronger the case he can build on your behalf.

In the vast majority of rear-end motorcycle accidents, the driver who struck you from behind is at fault. Drivers are legally required to maintain a safe following distance and remain attentive to vehicles ahead of them, including motorcycles. Even if the insurance company attempts to argue you contributed to the crash by braking suddenly or riding in a difficult-to-see position, Colorado’s comparative negligence laws allow you to recover compensation as long as you were less than 50% responsible for the accident.

This is one of the most common arguments made by drivers and their insurance companies after a rear-end motorcycle accident. It is not a legal defense. Drivers have a duty to observe all vehicles on the road, including motorcycles. A claim that the driver didn’t see you does not eliminate their liability. Mr. Pushchak knows how to counter this argument using evidence gathered from the scene and expert testimony where necessary.

Colorado does not require riders over the age of 18 to wear a helmet. However, insurance companies may attempt to argue that your failure to wear a helmet contributed to the severity of your head injuries and use this to reduce your compensation under Colorado’s comparative negligence laws. Whether this argument succeeds depends on the specific injuries you suffered and the facts of your case. Mr. Pushchak can assess how helmet use may affect your claim and develop a strategy to counter any comparative fault arguments.

Seek emergency medical treatment if you are seriously injured. If you are able to remain at the scene, call 911 to report the accident and request a police report, exchange information with the driver who struck you, photograph all vehicle damage, road conditions and any visible injuries, and collect contact information from any witnesses. Avoid making statements about fault to the other driver or their insurance company before speaking with an attorney. Contact Pushchak Law as soon as possible so Mr. Pushchak can begin preserving evidence and protecting your rights.

The timeline of your case depends on the severity of your injuries, the extent of medical treatment required, and whether your case settles or proceeds to trial. Cases involving catastrophic injuries often take longer to resolve because it’s important to fully understand the long-term medical and financial impact of your injuries before agreeing to any settlement. Mr. Pushchak will give you a realistic assessment of your timeline during your free consultation.