Helmet Laws in Colorado: How They Impact Motorcycle Accident Claims
Riding in Colorado brings a sense of freedom, and that feeling should not disappear after a crash. If you or someone you love was hurt on a motorcycle, you might worry about what happens next, especially if you were not wearing a helmet.
The truth is that many injured riders still have a strong claim, and the focus should stay on what the other driver did wrong. If you need help right now, a Denver motorcycle accident lawyer at FIEDLER Trial Lawyers can guide you through your options with no judgment at all.
Colorado’s helmet rules can feel confusing, yet understanding them can take a lot of pressure off your shoulders. Here is what the law actually says and how it may affect an injury claim.
What Colorado Motorcycle Helmet Law Actually Says
Colorado’s helmet rules depend mostly on age, and they play a different role in injury claims than most people expect.
Riders and Passengers Under 18
According to CDOT, young riders must wear a helmet in Colorado. The law requires a DOT-approved helmet that is properly strapped in place. Police can issue a citation if a teen or child rides without one, but that ticket does not automatically decide who caused a crash.
Where this becomes important is during an injury claim. Insurance companies sometimes argue that a minor’s injuries were worse because they were not wearing a helmet. A lawyer can step in here because the insurer must prove that claim with evidence. The conversation quickly shifts back to the real issue, which is usually the other driver’s choices.
Riders and Passengers 18 and Older
Adults do not have to wear a helmet in Colorado. Riders and passengers who are 18 or older have the legal right to ride without one. The only universal rule is eye protection. Every rider must use goggles, glasses, or a visor that protects against wind and debris.
State agencies still encourage helmet use, yet the law respects personal choice. For adults injured in a crash, not wearing a helmet does not erase the ability to pursue Colorado motorcycle accident claims. It simply becomes one small part of the story that may or may not matter depending on the injuries involved.
Why This Matters After a Crash
Helmet laws often come up during insurance claims, even when they have nothing to do with what caused the collision. Adjusters sometimes use helmet questions to distract from the driver who actually caused the crash. Knowing the law helps you keep the focus where it belongs. A lawyer makes sure the conversation centers on the driver’s negligence, not your gear.
Does Not Wearing a Helmet Make You At Fault for the Crash?
Not wearing a helmet does not make you at fault for a motorcycle crash. Fault comes from the other driver’s choices, such as speeding, texting, drunk driving, or making an unsafe turn. A rider can be helmetless and still be zero percent responsible.
Colorado decides fault by looking at what happened on the road, not whether a rider used safety gear. Helmet use may come up later when discussing injuries, but it does not cause a collision.
Insurance companies sometimes bring up helmet use to lower the payout. They may claim injuries were worse without a helmet, even when the injuries had nothing to do with the head. This is where evidence and expert review matter. A lawyer keeps the focus on the driver’s negligence, which is what usually decides the case.
Colorado’s Comparative Negligence Rule and Motorcycle Cases
Colorado uses modified comparative negligence. A jury can split fault by percentage when more than one person may have played a role. Your compensation is reduced by your share of fault. If you reach 50% or more, you may not recover money under Colorado’s comparative negligence rules.
Insurers take advantage of this system by trying to shift blame onto riders. They may argue that not wearing a helmet “contributed” to the harm, even when the crash clearly came from the driver’s actions.
They often try tactics such as:
Claiming the rider made injuries worse without a helmet.
Suggesting speeding with no real evidence.
Pointing to lane position instead of the driver’s mistake.
A lawyer steps in to correct these claims and keep the case centered on solid evidence.
How Helmet Use (or Non-Use) Can Affect Injury Claims
Helmet use may come up in certain parts of an injury claim, mostly when insurers try to reduce payouts rather than prove fault.
The “Failure to Mitigate” Argument
Insurance companies sometimes argue that a rider who was not wearing a helmet “failed to protect themselves.” In simple terms, they claim the rider made their injuries worse, so the payout should be lower. This tactic can sound convincing at first, but it only works if they can prove it.
The insurer must show real evidence that a helmet would have changed the injury. They cannot rely on guesses or broad assumptions. A lawyer can challenge these claims with medical records, expert opinions, and crash analysis to keep the focus where it belongs.
When Helmet Use Matters Most: Head and Brain Injuries
Helmet questions show up most often in cases involving the head. These are the situations where insurance companies try to argue that the severity of the injury came from the lack of a helmet. This often includes:
- Traumatic brain injuries.
- Skull fractures.
- Severe head trauma that changes someone’s daily life.
In these serious brain injury cases, expert testimony may be needed. Specialists can explain whether a helmet would have made a meaningful difference, which helps counter unfair attempts to shift blame onto the rider.
When Helmet Use May Matter Less
Many injuries have nothing to do with helmet use. A broken leg or injured spine will not change based on whether a rider had a helmet on. These cases allow the lawyer to clearly separate helmet issues from the true cause of the harm.
Examples of injuries where helmet use is usually irrelevant include:
- Leg or foot fractures from impact with a vehicle or the road.
- Back or spine injuries from sudden force or compression.
- Chest trauma or internal injuries from the collision.
- Soft tissue injuries such as shoulder tears or whiplash.
In these cases, the helmet has little connection to the damage, and the lawyer can argue that it should not reduce the rider’s compensation.
Other Colorado Laws That Affect Motorcycle Claims
Helmet rules are only one piece of the picture. Colorado has other motorcycle laws that can shape how an injury claim is viewed and what insurers may try to question.
According to the Colorado Department of Transportation, every rider must use eye protection. Goggles, glasses, or a visor help prevent debris from hitting your eyes and also remove any argument about visibility or awareness.
Passenger rules matter too. A passenger must sit properly and reach the footrests. If a young rider cannot do that, insurers sometimes try to use it as a point against the claim.
Insurance coverage also plays a role. Riders often rely on liability, UM or UIM, and med pay to support medical care and recovery after a crash. Each type of coverage works differently, and a lawyer looks at all of them when building your case.
This is why a lawyer reviews the whole situation, not just helmet use. The goal is to understand every detail and show how the driver’s negligence caused the harm.
How Insurance Companies Use Helmet Laws Against Riders
Insurance companies sometimes shift attention away from the driver’s actions and toward the rider’s gear. They may hint that not wearing a helmet changes the facts, even though it does not.
Some adjusters use phrases like “you accepted the risk” or misstate Colorado’s comparative negligence rules to pressure riders into lower settlements. These tactics create confusion and often lead to unfair results.
Recorded statements are another tool insurers use. Riders may share more than they realize, and adjusters later twist those details. Speaking with a lawyer first helps protect your claim and prevents small mistakes from becoming big problems.
Getting legal help early keeps the focus on the at-fault driver and supports your rights from the start.
How FIEDLER Trial Lawyers Helps Riders After a Crash
FIEDLER Trial Lawyers takes a rider-friendly, no judgment approach. The goal is to protect you from unfair blame and keep the spotlight on the driver who caused the crash. You get a team that understands how insurers think and knows how to fight back when unfair arguments are made.
Here are some of the ways FIEDLER helps protect injured riders:
- Investigates the scene, vehicle damage, and road conditions.
- Collects police reports, medical records, photos, and video.
- Speaks with witnesses and looks for hidden details that strengthen your claim.
- Works with medical and biomechanical experts when helmet issues come up.
- Pushes back against low settlement offers and misleading arguments.
- Prepares for trial if the insurer refuses to be fair.
This support helps you focus on healing while the legal team handles the pressure.
Talk to a Denver Motorcycle Accident Lawyer About Your Case
Helmet use should not make you feel powerless after a crash. You still have rights, and many riders recover compensation even when they were not wearing a helmet. Acting quickly is important because evidence fades and witnesses forget details.
If you want clear guidance, you can contact FIEDLER Trial Lawyers today or schedule a free, confidential consultation with a Denver motorcycle accident attorney.
Call 303.CALL.KEN or 720.996.6000 to speak with a member of the team. Your TIME matters.
Let our Denver motorcycle accident lawyers help you move forward while you focus on recovery.
FAQs
Can I still file a claim if I was not wearing a helmet?
Yes. Helmet use does not decide fault. You can still bring a claim if the other driver caused the crash.
Will a jury hold it against me that I was not wearing a helmet?
Not automatically. A jury looks at the driver’s behavior first, and helmet questions only matter if they are directly tied to your injuries.
What if my teen passenger was not wearing a helmet?
The law requires helmets for riders under 18, but that does not erase your rights. The focus stays on what caused the crash, not a traffic ticket.
If I was wearing a helmet, does that help my case?
It may help clarify the injury picture and can reduce some insurance arguments, but it is not the main factor. Fault still depends on the driver’s actions.
Do I need a lawyer if I think I was partly at fault?
Yes. Even small mistakes are often exaggerated by insurers. A lawyer can protect you and make sure your percentage of fault is evaluated fairly.
Will insurance try to reduce my settlement because of helmet issues?
They often try, but they must prove it. A lawyer can challenge those claims and keep the case focused on the evidence.
More Frequently
Asked Questions
If you’ve been injured in an accident, there are several important steps you should take to protect your health and legal rights
- Dial 911 – Emergency Services. Get checked out by emergency responders, even if you think injuries are minor, you should always get evaluated. If the accident involved a motor vehicle, file a report with the police This documentation could be important later on.
- Document the Scene: If possible, take photos of the accident scene, your injuries, and any damage to vehicles or property. Collect contact information from witnesses and others involved in the accident READ MORE…
When involved in a personal injury claim, the process can be very intimidating. Many individuals facing this situation are often dealing with life-altering injuries, high medical bills, financial hardships and find themselves feeling very vulnerable.
Hiring a personal injury lawyer can be beneficial in a variety of situations, particularly when you have sustained significant injuries or damages due to someone else’s negligenceREAD MORE…
After being injured in an accident caused by someone else’s negligence, you may be wondering if you actually need to hire a personal injury lawyer. You would want to consult with an attorney, because in most cases, there will be an opposing party in your case that will be working against you. Choosing the right personal injury lawyer for your case is important to ensure you receive the best possible representation and outcome. Hiring a Denver Personal injury lawyer that specializes in that area of law is crucial, to ensure that you are getting proper representation, and your case is in good hands. Having an experienced lawyer like FIEDLER Trial Lawyers is helpful and provides powerful representation.
Here are some tips to help you choose the right lawyer:READ MORE…
The cost of hiring a personal injury lawyer can vary depending on the lawyer and the specifics of your case. However, personal injury lawyers work on a contingency fee basis, which means they only get paid if they win your case. Here’s how the contingency fee structure typically works and other potential costs to consider:
Contingency Fees: Percentage of Recovery: If the lawyer works on a contingency fee basis, they will take a percentage of the settlement or judgment amount you receive if you win your case. This percentage is typically around 33% to 40% but can vary depending on the lawyer and the jurisdiction.
No Win, No Fee: If you do not win your case, the lawyer will not charge you for legal fees. However, there may still be other costs you could be responsible for (discussed below).RAED MORE…
In a personal injury claim, you may be entitled to several types of compensation, also known as damages, to address the losses and injuries you’ve suffered due to someone else’s negligence or wrongdoing. The types of compensation typically fall into three main categories: economic, non-economic, and, in some cases, punitive damages. Here’s an overview of each:
Economic Damages: These damages are intended to compensate you for actual financial losses resulting from the injury:
Medical Expenses: Compensation for past, current, and future medical costs, including hospital bills, surgeries, medications, rehabilitation, and any other necessary medical treatment. READ MORE…
The value of a personal injury case can vary greatly depending on several factors unique to your situation. Since each case is different, there is no standard formula to calculate the exact value. However, here are some key factors that generally affect the worth of a personal injury case:
Severity of Injuries: The more serious and long-lasting your injuries, the higher the potential value of your case. This includes considering whether your injuries result in permanent disability or disfigurement.
Medical Expenses: Your case will take into account all medical expenses you have incurred, as well as future medical costs related to your injury.
Lost Wages and Earning Capacity: The case can include compensation for lost income due to time off work and any future loss of earning capacity if your injuries affect your ability to work.READ MORE…
Our Client’s Say It Best
directly from our own clients.
Car accidents are not fun. However, Ken and his team took great care of our family EVERY STEP of the way. From chiropractic car, probate court, insurance negotiations with multiple companies, advice for our family, and collaboration on action items, Ken & team were awesome. I will be sending family and friends to Ken in the future. Thank you for taking great care of my family!
If I could give 10 stars I would! Ken and his team were there for me during the worst time of my life, every step of the way. I had 3 different friends recommend Ken after my car accident and I’m so grateful they did! He always explained everything clearly, walked me through every step, and gave me clear expectations. I was nervous, never having entered into the legal world before, but he made sure I felt safe and supported through the entire process, sending me flowers before surgery, checking in and giving me updates frequently. I never wish anyone to be in a situation like I was but if you find yourself in need of representation Ken and his team are the ones you want! Thank you to Ginger, James and Jahieda as well for always being there for me!
I suffered a spine injury as the result of a T-bone car crash, the other driver at fault. We got nothing but gutter-ball offers from her insurance company. What you hear on the radio is true – the insurance companies simply will not take your case seriously until you file a suit. This is where I was glad to have Ken and his team on my side. The burden to convince a jury of my losses lies with me the plaintiff, which then requires conducting extensive research, gathering and organizing supporting documents. After Ken submitted all of this material during the pre-trial discovery the insurance company decided to make a reasonable settlement offer.
We make it simple. No time for a phone call now? Complete this form and we will schedule a call at your convenience. Your information is confidential.
4725 S. Monaco Street, Suite 120
Denver, CO 80237
Phone: 720-996-6000
1800 Wazee Street, Suite 300
Denver, CO 80202
77 West Wacker Drive, Suite 4500
Chicago, IL 60601
Phone: 312-788-2600
KEN FIEDLER | 303.CALL.KEN