Helmet Laws in Colorado: Can Not Wearing One Affect Your Motorcycle Accident Injury Claim?

Colorado’s approach to motorcycle helmet laws differs significantly from many other states, and this distinction can have serious implications for your personal injury claim if you’re involved in an accident.

Every motorcyclist in the state should understand how helmet laws intersect with their legal rights.

As someone who has handled thousands of motorcycle accident cases over my 32 years of practice, I’ve seen firsthand how helmet use or the lack thereof can impact the outcome of injury claims.

Colorado’s Unique Helmet Laws: What Every Rider Must Know

Colorado operates under what’s known as a partial helmet law.

This means that while the state doesn’t require all motorcyclists to wear helmets, specific age groups must comply with helmet requirements.

In Colorado, riders under 18 years of age are legally required to wear a helmet while operating or riding as a passenger on a motorcycle.

Adult riders 18 and older have the freedom to choose whether they want to wear a helmet.

This partial requirement places Colorado in the minority of states, as most either require helmets for all riders or have no helmet laws whatsoever.

The law also requires that any helmet worn must meet Department of Transportation (DOT) safety standards.

Simply wearing any type of head protection isn’t sufficient. The helmet must be properly certified and designed for motorcycle use.

How Not Wearing a Helmet Can Impact Your Injury Claim

When you’re involved in a motorcycle accident without wearing a helmet, insurance companies and opposing legal teams will often attempt to use this against you in several ways.

The primary concern revolves around the legal concept of comparative negligence, which Colorado follows under its modified comparative fault rule.

Insurance adjusters frequently argue that not wearing a helmet contributed to the severity of your injuries, even if the helmet wouldn’t have prevented the accident itself.

They may claim your head injuries could have been less severe or entirely prevented if you had been wearing proper head protection.

This argument can potentially reduce the compensation you receive for your injuries.

Under Colorado’s comparative negligence system, if you’re found to be partially at fault for your injuries due to not wearing a helmet, your compensation can be reduced by your percentage of fault.

For example, if your total damages amount to $100,000 but you’re deemed 20% at fault for not wearing a helmet, your recovery would be reduced to $80,000.

Note that simply not wearing a helmet doesn’t automatically make you partially at fault.

The opposing party must prove that wearing a helmet would have actually prevented or reduced your specific injuries.

How Insurance Companies Use Your Helmet Choice Against You

Insurance companies have developed sophisticated strategies for dealing with motorcycle accident claims involving riders who weren’t wearing helmets.

Their approach typically begins immediately after the accident occurs.

Adjusters will quickly investigate whether you were wearing a helmet and will document this information prominently in their files.

They understand this can be powerful leverage during settlement negotiations.

The insurance company’s medical experts will often review your injuries with particular focus on head and brain trauma.

They’ll attempt to establish a direct connection between your lack of helmet use and the severity of your injuries.

Even injuries that might seem unrelated to helmet use, such as neck injuries or traumatic brain injuries from impact forces, may be argued as potentially preventable with proper head protection.

Insurance companies also use accident reconstruction specialists who can create detailed analyses of how the collision occurred.

These experts may testify that wearing a helmet could have changed the dynamics of your injury pattern, even in cases where the primary impact wasn’t to your head.

The strategy extends to settlement offers as well.

Initial offers from insurance companies are often significantly lower for non-helmeted riders, with adjusters explicitly stating the reduced offer accounts for the rider’s contribution to their own injuries.

Defending Your Rights Despite Helmet Laws

Despite the challenges that come with not wearing a helmet, you still have strong legal rights and options for recovering compensation.

The insurance companies want you to believe that your case is doomed from the start, but that’s simply not true.

After 32 years of handling these cases, I’ve learned that success comes from building a comprehensive defense strategy that tackles the helmet issue head-on while laser-focusing on what really matters: the other driver’s negligence.

My approach begins with establishing the other party’s reckless actions were the real cause of your injuries.

This means conducting a thorough investigation that leaves no stone unturned: examining the accident scene, interviewing every witness, analyzing police reports, and often bringing in accident reconstruction experts who can recreate exactly what happened.

The goal is to demonstrate that regardless of helmet use, this accident and your injuries happened because of the other driver’s dangerous behavior.

Here’s where medical expertise becomes your strongest ally.

At Allen Accident Law, I work with qualified medical professionals who specialize in trauma injuries and can provide clear, compelling opinions about your specific case.

These experts can often prove helmet use wouldn’t have prevented your particular injuries, and that’s a game-changer.

Many of the most serious motorcycle accident injuries affect your torso, limbs, internal organs, and spinal cord, areas where a helmet provides zero protection.

Ensuring your medical records tell the complete story of how each injury directly connects to the collision forces creates an unbreakable chain of evidence that supports your right to full compensation.

FAQ

Does Colorado require all motorcycle riders to wear helmets?

No, Colorado only requires riders under 18 years old to wear helmets. Adult riders 18 and older can choose whether to wear a helmet, though any helmet used must meet DOT safety standards.

Can I still recover compensation if I wasn’t wearing a helmet during my accident?

Yes, you can still recover compensation even if you weren’t wearing a helmet. However, the amount of compensation may be reduced under Colorado’s comparative negligence law if the lack of helmet use contributed to your specific injuries.

How much can not wearing a helmet reduce my settlement?

The reduction depends on how much fault is assigned to you for not wearing a helmet and whether it actually contributed to your injuries. If helmet use wouldn’t have prevented your specific injuries, it may not reduce your compensation at all.

What types of injuries can helmets not prevent?

Helmets cannot prevent spinal cord injuries, internal organ damage, broken bones in arms and legs, road rash on the body, or many types of brain injuries caused by rotational forces. They specifically protect against direct impact to the head.

Will insurance companies automatically offer less money if I wasn’t wearing a helmet?

Insurance companies often offer reduced settlements to non-helmeted riders, but this doesn’t mean you have to accept their initial offer. An experienced motorcycle accident attorney can challenge these reductions and fight for full compensation based on the actual cause of your injuries.

Can an insurance company deny my entire claim because I wasn’t wearing a helmet?

Complete claim denials based solely on helmet use are typically improper under Colorado law. Not wearing a helmet doesn’t give other drivers permission to cause accidents through negligent driving. Such denials can often be successfully challenged.