Motorcycle riders face greater risks than occupants of passenger vehicles because they have less physical protection during a collision. Wearing a helmet is one of the most effective ways to reduce the risk of serious head injuries, but many riders also wonder whether choosing not to wear one could impact a personal injury claim after an accident.
Colorado has a limited motorcycle helmet law that applies to certain riders but not all adults. Understanding the state’s helmet requirements and how they may impact an injury claim, can help motorcyclists protect both their health and their legal rights.
What Is Colorado’s Motorcycle Helmet Law?
Unlike some states that require all motorcyclists to wear helmets, Colorado has a partial helmet law.
Under Colorado law:
- Riders and passengers under the age of 18 are generally required to wear a helmet that meets applicable safety standards
- Riders 18 and older are generally not required by law to wear a motorcycle helmet
In addition to helmet requirements, motorcycle operators are generally required to wear appropriate eye protection unless the motorcycle is equipped with a windscreen or windshield that meets legal requirements.
Even though many adult riders may legally ride without a helmet, choosing to wear one remains an important safety consideration.
Does Not Wearing a Helmet Prevent You From Filing an Injury Claim?
No. Simply choosing not to wear a helmet does not automatically prevent an injured motorcyclist from filing a personal injury claim after an accident.
If another driver’s negligence caused the crash, the injured rider may still have the right to seek compensation for injuries and other losses. The primary issue in most personal injury cases is determining who caused the accident, not whether the motorcyclist was wearing a helmet.
However, helmet use may become relevant when evaluating certain types of injuries and damages.
How Helmet Use May Affect Compensation
Although an adult rider may legally choose not to wear a helmet, the issue may still arise during a personal injury claim if the rider suffered head or facial injuries.
For example, an insurance company may argue that:
- Certain head injuries could have been less severe if a helmet had been worn.
- Some damages are related to the decision to not wear protective equipment rather than the collision itself.
Whether these arguments affect a particular case depends on the facts, the nature of the injuries, and the evidence presented. Not every injury is related to helmet use, and many serious motorcycle accident injuries occur regardless of whether a rider was wearing a helmet.
Colorado’s Comparative Negligence Rule
Colorado follows a modified comparative negligence system in personal injury cases. Under this rule, an injured person’s compensation may be reduced if they’re found partially responsible for their own injuries.
Insurance companies sometimes even attempt to use the lack of wearing the helmet as part of an argument that the injured rider contributed to the severity of certain injuries. However, this doesn’t automatically mean that the rider is legally responsible for the accident itself.
Each claim depends on the specific facts, medical evidence, and the relationship between the injuries sustained and the circumstances of the crash.
Evidence Still Matters Most
Regardless of whether a helmet was worn, building a strong injury claim requires evidence showing how the accident occurred and who was at fault.
Making sure to highlight police reports, photographs, medical records, and witness statements will help significantly in the long run.
This evidence can help establish liability and support the damages being claimed.
Avoid Assuming You Don’t Have a Case
Some injured riders mistakenly believe that they can’t recover compensation simply because they weren’t wearing a helmet. Others assume that any compensation will automatically be denied.
In reality, every motorcycle accident case is different. The cause of the accident, the extent of the injuries, applicable insurance coverage, and the available evidence all play important roles in determining the outcome of a claim.
Seeking Legal Guidance
Motorcycle accident claims can involve disputes over fault, insurance coverage, and the extent of a rider’s injuries. Working with Arckey & Steele can help injured motorcyclists understand their rights and respond to these challenges.
