Motorcycle Helmets and the Law in Colorado: What’s Optional, What’s Smart
Motorcycle riders in Colorado enjoy some of the most scenic routes in the nation, but they also face considerable safety risks. For motorcycle riders, no piece of equipment is more important than your helmet when you need to protect yourself.
When it comes to helmet safety, understanding what’s required, what’s optional, and what’s just plain smart could make the difference between a successful insurance claim and a costly legal battle if you’re involved in a motorcycle accident.
Colorado Motorcycle Helmet Law
In Colorado, motorcycle helmet usage is not universally required. The law distinguishes between riders based on age:
- Riders and passengers under 18 years old are required by law to wear DOT-approved helmets.
- Riders and passengers 18 and older are not legally required to wear helmets.
While this may seem lenient, it’s important to note that all motorcyclists and passengers, regardless of age, must wear eye protection (goggles or a visor) under state law.
This legal flexibility is one of the reasons why many riders choose to go without helmets. But just because something is optional doesn’t mean it’s advisable.
What the Data Says: Helmet Use and Accident Impact Studies
Numerous accident impact studies have established a direct link between helmet use and reduced severity of head injuries. According to the National Highway Traffic Safety Administration (NHTSA), helmets are 37% effective in preventing fatal injuries to motorcycle riders and 41% effective for passengers.
In Colorado, where helmets are optional for adults, state and local data consistently show that riders without helmets suffered more serious injuries in collisions. This increases both the personal cost of recovery and the potential complications in helmet use and injury claims.
The Centers for Disease Control and Prevention (CDC) also estimates that $1.5 billion could be saved every year if all motorcycle riders wore helmets.
Helmet Use and Injury Claims
If you’re involved in a motorcycle accident in Colorado, whether you were wearing a helmet or not can significantly influence the outcome of your personal injury claim.
Comparative Negligence
Colorado follows a modified comparative negligence system. This means that if you’re found partially responsible for your injuries—for example, because you weren’t wearing a helmet—your compensation may be reduced.
Even though helmet use isn’t legally required for adults, insurance companies may argue that failure to wear one contributed to your injury severity. That can lower your financial recovery, especially in cases involving traumatic brain injuries or facial trauma.
Medical Evidence and Documentation
If you were wearing a helmet and still sustained a serious injury, your Colorado Springs motorcycle accident attorney can use that as evidence that the accident—not your choice of gear—was the primary cause. But if you weren’t wearing a helmet, insurers may claim that your injuries could have been minimized or avoided, complicating your case.
Bias in Court
While juries are instructed to follow the law, bias can creep in. Jurors may see not wearing a helmet as reckless or irresponsible, even if the law doesn’t require it. This can influence their decision on compensation awards unless the issue is addressed skillfully by your attorney.
Additional Types of Important Safety
A helmet is just one component of comprehensive motorcycle safety gear Colorado riders should consider. Other protective gear that can help prevent or mitigate injuries includes:
- Armored jackets and pants made from abrasion-resistant materials
- Gloves to protect hands in falls and crashes
- Boots that cover the ankle and provide a firm grip
- High-visibility vests or reflective tape for better visibility, especially at night
Wearing full gear doesn’t just protect your body. It can also positively influence your legal claim by demonstrating that you took reasonable steps to protect yourself and were not behaving recklessly.
The Smart Choice
Freedom to choose whether to wear a helmet doesn’t mean you’re free from consequences. A serious crash can leave you facing steep medical bills, long-term recovery, and insurance companies looking for reasons to minimize payouts.
Riders who choose to forgo helmets and other safety gear may find themselves in a weaker position when seeking compensation, even if the crash was entirely the other driver’s fault. That’s why understanding both the legal and practical aspects of safety is key.
Why Work With a Personal Injury Attorney?
When you’ve been injured in a motorcycle crash, you need the advice of a personal injury attorney that’s tailored to your situation and focused on maximizing your recovery.
At The Bussey Law Firm, P.C., we go far beyond filing paperwork. We dig into the details, gather accident reconstruction evidence, challenge unfair blame tactics, and hold negligent parties accountable—whether or not you were wearing a helmet.
Our firm understands how to present the full context of a motorcycle crash, counter insurance company arguments, and emphasize the at-fault driver’s negligence, not just the rider’s gear choices.
What to Do After a Motorcycle Crash in Colorado
Whether you were wearing a helmet or not, here are the steps to take immediately after a crash:
- Seek medical attention even if you feel fine. Some injuries may not show symptoms right away.
- Document everything, such as photos of the scene, your gear, your injuries, and your bike.
- Get a copy of the police report and any witness statements.
- Do not speak with insurance adjusters alone.
- Call a personal injury attorney as soon as possible to protect your rights and build a strong case.
Reasons to Choose The Bussey Law Firm, P.C.
At The Bussey Law Firm, P.C., we bring over 30 years of legal experience to every case. Led by Attorney Timothy Bussey, a nationally recognized trial lawyer and published author, our team is committed to helping riders in Colorado Springs and beyond. We know the tactics insurers use, and we know how to push back.
Tim Bussey has been featured on the cover of Colorado Springs Magazine as a top local attorney. He’s also been recognized as a Fellow by the Litigation Counsel of America (LCA) and has been the recipient of the Martindale-Hubbell Gold Client Champion Award.
Speak With an Experienced Motorcycle Accident Lawyer in Colorado Springs
Were you injured in a motorcycle crash in Colorado Springs? Whether you were wearing a helmet or not, you have rights—and The Bussey Law Firm, P.C., can help you protect them.
Call (719) 475-2555 to schedule a free consultation with a Colorado Springs personal injury lawyer. We’ll listen to your story, evaluate your case, and advise you on the best steps to take to protect your claim.
