What a motorcycle accident lawyer does for your case
A motorcycle accident lawyer in Aurora handles the legal side of your injury claim so you can focus on recovery. They investigate the crash, gather evidence from police reports and witnesses, document your medical treatment, and negotiate with the other driver's insurance company. If a settlement offer is too low, they file a lawsuit and represent you in court.
Motorcycle accidents often result in serious injuries—broken bones, spinal damage, road rash, traumatic brain injury—that rack up medical bills quickly. A lawyer's job is to make sure those bills, lost wages, and pain and suffering are accounted for in what you receive. They also handle cases where the other driver was uninsured or underinsured, which is common and leaves you unprotected otherwise.
Most motorcycle accident lawyers in Aurora work on contingency, meaning they take a percentage of your settlement or court award instead of charging you upfront. You pay nothing unless you win. This arrangement exists because injury cases are predictable enough that lawyers can afford to front the work.
Key Takeaways
- A motorcycle accident lawyer investigates the crash, collects evidence, and negotiates with insurance companies so you do not have to handle those tasks while recovering.
- Colorado law gives you three years from the date of the accident to file a lawsuit, but waiting longer weakens your case because evidence disappears and memories fade.
- Most injury lawyers work on contingency and take 25 to 40 percent of your settlement, with no upfront cost to you.
- You should meet with at least two or three lawyers before hiring one, because their experience with motorcycle cases and their communication style vary widely.
How Colorado's injury law affects your motorcycle case
Colorado is a modified comparative negligence state, which means your own actions at the time of the crash can reduce what you receive. If you were found 20 percent at fault for the accident, you can still recover damages, but the amount is reduced by 20 percent. If you are found more than 50 percent at fault, you cannot recover anything.
This matters because insurance adjusters will try to pin some blame on you—claiming you were speeding, lane-splitting, or not wearing a helmet—to lower their payout. A lawyer's job includes pushing back on those claims with evidence. Helmet use, for example, does not make you partly at fault for the crash itself; it only affects the severity of your head injury. A good lawyer knows the difference.
Colorado also requires all drivers to carry minimum liability insurance: $25,000 for injury to one person, $50,000 for injury to multiple people, and $15,000 for property damage. If the other driver has less coverage than your damages, your lawyer can pursue an underinsured motorist claim against your own policy. Many riders skip this coverage and regret it later.
Finding a motorcycle accident lawyer in Aurora
Start by searching "motorcycle accident lawyer Aurora" or "personal injury attorney Aurora" and look at the first page of results. Check the lawyer's website for their experience with motorcycle cases specifically—not all injury lawyers handle them, and those who do understand the unique injuries and liability issues involved. Read recent client reviews on Google, Avvo, or the Colorado Bar Association website.
Call three to five lawyers and ask for a free initial consultation. During that call, ask how many motorcycle accident cases they have handled, what the average settlement was, and how long cases typically take. Ask whether they handle the case themselves or hand it off to junior attorneys. Ask what happens if the case goes to trial—some lawyers settle everything and avoid court, which may not be in your interest if the other side is clearly liable.
The Colorado Bar Association (coloradobar.org) has a lawyer referral service and a disciplinary history search. Use the search to check whether any lawyer you are considering has complaints or sanctions on file. A few old complaints are normal; a pattern of recent ones is a warning sign.
What to expect during the legal process
After you hire a lawyer, they will request your medical records, police report, and insurance information. They will also send a demand letter to the other driver's insurance company, laying out your injuries, treatment costs, and lost income. This letter is not a lawsuit—it is a negotiation opening. The insurance company usually responds with a counteroffer.
Most cases settle during this back-and-forth. If the insurance company refuses to budge and their offer is unreasonable, your lawyer will file a lawsuit in Aurora District Court. From that point, discovery begins: both sides exchange documents and take depositions (recorded statements under oath). This phase can take six months to a year.
If the case does not settle during discovery, it goes to trial. A judge or jury hears evidence and decides liability and damages. Trials are rare—fewer than 5 percent of injury cases reach trial—but your lawyer should be prepared for one and should have trial experience.
Costs and how contingency fees work
Contingency fees in Colorado typically range from 25 to 40 percent of your settlement or award. The exact percentage depends on the lawyer's experience, the complexity of your case, and whether the case goes to trial. Many lawyers charge 33 percent for settlements and 40 percent for trials, since trials require more work.
Beyond the contingency fee, you may owe costs: filing fees, court reporter fees, informed witness fees, and medical record retrieval charges. These costs are separate from the lawyer's fee and are usually deducted from your settlement before you receive your share. Ask your lawyer upfront what costs they expect and whether they will advance them or bill you later.
If you lose the case, you owe nothing—no fee and no costs. This is why contingency works: the lawyer absorbs the risk. It also means a lawyer will not take a weak case, because they know they will not get paid.
Red flags when choosing a lawyer
Avoid lawyers who may provide a specific outcome or promise you will "win big." No honest lawyer can may provide results, and these claims violate Colorado ethics rules. Avoid lawyers who pressure you to sign a contract when ready or who refuse to discuss their fee structure in writing.
Be cautious of lawyers who have never tried a case or who specialize in something else (like divorce or real estate) and dabble in injury law. Motorcycle accident cases require specific knowledge of vehicle dynamics, injury patterns, and insurance coverage limits. A generalist may miss angles that a specialist would catch.
If a lawyer does not return your calls within 24 hours or seems dismissive of your questions, that is a sign of how you will be treated throughout the case. You want someone who communicates clearly and treats you like a person, not a file number.
Timeline and what happens after settlement
From the time you hire a lawyer to the time you receive a settlement check typically takes three to twelve months, depending on the complexity of your injuries and whether the insurance company cooperates. straightforward cases with clear liability and moderate injuries settle faster. Cases involving permanent disability or disputed fault take longer.
Once you and the insurance company agree on a settlement amount, the lawyer prepares a settlement agreement and release form. You sign the release, which means you give up the right to sue for that accident in the future. The insurance company then sends a check to your lawyer's trust account, the lawyer deducts their fee and costs, and you receive the remainder.
If you received medical treatment through a lien arrangement—where a hospital or doctor agreed to wait for payment until your case settled—your lawyer will pay those liens from the settlement. Make sure you understand what liens exist before you settle, because they reduce what you take home.
Frequently Asked Questions
How long do I have to file a lawsuit after a motorcycle accident in Aurora?
Colorado law gives you three years from the date of the accident to file a lawsuit. However, waiting that long is a bad idea. Evidence disappears, witnesses move away or forget details, and the other driver's insurance company becomes less motivated to settle. File a claim within weeks of the accident, not months or years.
What if the other driver does not have insurance?
If the other driver is uninsured, your lawyer will pursue a claim under your own uninsured motorist coverage, assuming you have it. This coverage is optional in Colorado but essential for motorcycle riders. If you do not have it, your recovery options are limited to suing the other driver directly, which is often fruitless if they have no assets.
Can I still hire a lawyer if I was partially at fault for the accident?
Yes. Colorado allows you to recover damages even if you were partially at fault, as long as you were not more than 50 percent responsible. A lawyer can argue that the other driver's actions were the primary cause and that your role was minor. This is where legal representation makes a real difference.
What should I bring to my first meeting with a lawyer?
Bring the police report, photos of the accident scene and vehicle damage, medical records and bills, proof of lost wages, insurance information for both vehicles, and contact information for any witnesses. If you have written notes about what happened, bring those too. The more organized you are, the faster the lawyer can assess your case.
Do I have to go to court if I hire a lawyer?
Most cases settle without going to court. However, if the insurance company refuses a fair offer, your lawyer may recommend filing a lawsuit. You do not have to go to trial; many lawsuits settle during the discovery phase. But you should hire a lawyer who is willing and able to try your case if necessary, because that willingness often pushes the other side to settle.