A motorcycle accident can result in serious injuries, medical expenses, lost income, and other financial losses. If you were not wearing a helmet when the crash occurred, you may wonder whether that decision will prevent you from recovering compensation.
In Colorado, not wearing a helmet does not automatically mean you lose your right to pursue a personal injury claim. Colorado law has specific helmet requirements based on age, and Colorado courts have also addressed how helmet use can be considered in motorcycle accident cases. If you have been injured in a motorcycle crash, understanding your legal rights and the circumstances surrounding the accident can help you determine what steps to take next.
1. Not Wearing a Helmet Does Not Automatically Bar Your Claim
Being involved in a motorcycle accident without a helmet does not automatically prevent you from seeking compensation for your injuries. In Dare v. Sobule, the Colorado Supreme Court held that evidence of a motorcycle rider’s failure to wear a protective helmet is inadmissible to establish negligence by the injured rider or to reduce damages. The court specifically addressed the use of helmet nonuse under Colorado’s negligence laws.
A later Colorado Court of Appeals decision also reaffirmed this principle, explaining that evidence of a plaintiff’s failure to wear a protective helmet cannot be used to show negligence or mitigate damages. This means that the circumstances of the collision remain important when determining responsibility for the accident.
2. Understand Colorado's Helmet Law
Colorado’s helmet requirements should be distinguished from the question of whether you can recover compensation after an accident. Under Colorado Revised Statutes § 42-4-1502, people under 18 years old who operate or ride as passengers on a motorcycle, autocycle, or low-power scooter on a roadway are required to wear a protective helmet that meets specified standards and is properly secured with a chin strap.
The law also provides that violating the helmet requirement is a class A traffic infraction. For an adult rider, the absence of a helmet does not create the same statewide age-based helmet violation described in the statute. Regardless of age, wearing appropriate protective equipment can still provide important safety benefits.
3. The Cause of the Crash Still Matters
When determining whether another party may be responsible for a motorcycle accident, the circumstances that caused the collision are important.
For example, a crash may occur because another driver:
Failed to yield the right of way
Turned directly into the path of a motorcycle
Was distracted while driving
Followed the motorcycle too closely
Was speeding or driving recklessly
Changed lanes without checking for a motorcycle
Violated a traffic signal
The fact that a rider was not wearing a helmet does not change what another driver allegedly did to cause the collision. Colorado’s Supreme Court has specifically rejected using helmet nonuse to establish the injured rider’s negligence or reduce damages. A motorcycle accident lawyer can review the available evidence to help determine how the crash occurred and who may be legally responsible.
4. Document Your Injuries and Losses
After a motorcycle accident, medical treatment should be a priority. Serious motorcycle crashes can result in fractures, spinal injuries, head injuries, road rash, and other conditions that may require extensive treatment.
Keep records related to your recovery, including:
Medical bills and treatment records
Prescription and rehabilitation expenses
Lost wages or missed work
Future medical treatment recommendations
Transportation costs related to medical care
Other expenses connected to the accident
You should also follow your healthcare provider’s treatment recommendations and attend scheduled appointments. Thorough documentation can help establish the extent of your injuries and the financial impact of the accident.
5. Be Careful When Speaking With Insurance Companies
After an accident, an insurance company may contact you to ask about what happened. You may be asked questions about the crash, your injuries, or whether you were wearing a helmet. It is important to be careful when providing statements about the accident. Avoid guessing about details you do not remember, minimizing your injuries, or making statements that could be taken out of context.
You also do not have to assume that the first settlement offer accurately reflects the full value of your losses. Before accepting an offer, consider whether your medical treatment, lost income, property damage, and other losses have been fully evaluated. A motorcycle accident attorney can communicate with insurers on your behalf and help you understand the potential implications of a settlement offer.
6. Understand How Fault Works in Colorado
Colorado follows a comparative negligence system. In general, a person’s recovery can be affected when their own negligence contributed to an accident, subject to Colorado’s statutory rules. However, helmet nonuse is treated differently in Colorado motorcycle accident cases.
In Dare v. Sobule, the Colorado Supreme Court held that evidence of a plaintiff’s failure to wear a protective helmet was inadmissible for purposes of showing negligence by the plaintiff or mitigating damages. Because the application of negligence law depends on the facts and legal issues involved, it is important to look at the entire accident rather than focusing on one detail.
7. Gather Evidence From the Motorcycle Crash
Evidence can play an important role in establishing what happened.
Depending on the circumstances, useful evidence may include:
Police accident reports
Photographs and videos from the crash scene
Motorcycle and vehicle damage
Traffic or surveillance camera footage
Witness statements
Medical records
Accident reconstruction evidence
Information about road and weather conditions
If another driver’s actions caused the collision, this evidence may help establish how the crash occurred. It can also become more difficult to locate important evidence as time passes. Preserving relevant information soon after the accident can therefore be important when building a motorcycle injury claim.
8. Consider Working With a Motorcycle Injury Lawyer
Motorcycle accident claims can involve questions about liability, injuries, insurance coverage, medical expenses, and available evidence. If the insurance company disputes responsibility or argues that your actions contributed to your injuries, understanding the applicable Colorado law becomes especially important. A motorcycle injury lawyer can review the circumstances of your crash, explain the legal issues that may apply, and help you understand your options for pursuing compensation.
Protecting Your Motorcycle Injury Claim
Not wearing a helmet does not automatically eliminate your ability to seek compensation after a motorcycle accident in Colorado. The state’s current helmet statute establishes specific requirements for people under 18, while Colorado case law has addressed the use of helmet nonuse as evidence against an injured motorcycle rider.
If another driver’s negligence caused your motorcycle accident, the circumstances of the collision, your injuries, and the losses you experienced can all be relevant to your claim. At 5280 Injury Law, you can speak with a legal team about your motorcycle accident and learn more about the options available for your situation.
Frequently Asked Questions (FAQs)
Can I recover compensation if I was not wearing a helmet in Colorado?
Not wearing a helmet does not automatically prevent you from pursuing compensation after a motorcycle accident. Colorado Supreme Court precedent states that evidence of helmet nonuse is inadmissible to show negligence by the injured rider or to mitigate damages.
Does Colorado require motorcycle riders to wear helmets?
Colorado law requires motorcycle operators and passengers under 18 to wear qualifying protective helmets when riding on a roadway, subject to the statutory exceptions.
Can an insurance company deny my claim because I was not wearing a helmet?
An insurance company may raise questions about the circumstances of an accident, but Colorado case law specifically addresses the use of helmet nonuse to establish negligence or reduce damages. The facts of the individual claim and the applicable law should be carefully reviewed before accepting an insurer’s position.
What should I do after a motorcycle accident?
Seek medical attention, report the accident when appropriate, document the scene and your injuries, preserve relevant evidence, keep records of your expenses, and be careful when communicating with insurance companies.
When should I contact a motorcycle accident lawyer?
You may want to speak with a motorcycle accident lawyer as soon as possible, particularly if you suffered significant injuries, another driver disputes responsibility, or an insurance company is questioning your claim. Early legal guidance can help you understand your rights and protect relevant evidence.
