Motorcyclists in Denver enjoy the freedom of the open road, but that freedom comes with serious risks. When a motorcycle crash occurs, the injuries can be catastrophic and in some cases, the rider wasn’t wearing a helmet at the time of the accident. Understandably, many riders in this situation are concerned about their legal options. They wonder, will the fact that I wasn’t wearing a helmet prevent me from filing a personal injury claim? 

In Colorado, the short answer is no. You can still pursue compensation after a motorcycle accident, even if you weren’t wearing a helmet. However, helmet use, or lack thereof, can influence the outcome of your case depending on the type of injuries involved and how liability is argued. To understand how helmet use fits into a personal injury claim, it helps to start with Colorado’s specific motorcycle laws. Colorado has a partial helmet law, which means that helmet use is only legally required for some riders:

• All riders and passengers under 18 years old must wear a helmet that meets federal safety standards.
• Riders 18 and older are not legally required to wear a helmet in Colorado.

If you’re an adult who chooses not to wear a helmet, you are within your legal rights. But while you won’t face any legal penalties for going helmetless, the insurance company involved in your claim may still use that decision to challenge or reduce your compensation.

How Not Wearing a Helmet Can Impact Your Injury Claim

Even when helmet use isn’t legally mandated, it can still become a point of contention in an injury claim, especially if you sustained injuries that a helmet may have prevented or lessened. This is where comparative negligence enters the picture. Colorado follows the modified comparative fault rule, which allows injury victims to recover compensation as long as they are not 50% or more at fault for the accident or the severity of their injuries. Here’s how it works:

• If you are found to be 10% responsible, your compensation will be reduced by 10%.
• If you are found 49% responsible, you will still receive 51% of your total damages.
• If you are found 50% or more at fault, you are barred from recovering any compensation.

In the context of motorcycle accidents, insurance companies often try to argue that not wearing a helmet contributed to the severity of your injuries, particularly if your injuries involve your head, skull, face, or brain. Let’s say you were hit by a distracted driver who made an illegal left turn, causing you to crash. You suffer a concussion and facial fractures. If you weren’t wearing a helmet, the insurance company might argue that your decision to ride helmetless contributed to those specific injuries. If the court agrees, your compensation could be reduced based on how much your lack of helmet use factored into the outcome. However, if your injuries include a fractured wrist, broken ribs, or road rash, injuries that would not have been prevented by a helmet, then the defense argument loses much of its weight.

Building a Strong Claim Without a Helmet

Just because you weren't wearing a helmet doesn't mean you're out of options, far from it. The law recognizes that the at-fault party’s negligence is still the root cause of the crash. The focus should remain on the other driver’s actions, whether they were drunk, distracted, speeding, or failed to yield. Still, it’s important to prepare for the arguments the insurance company may use. Here are a few steps that can help protect your rights and strengthen your case:

• Get Prompt Medical Attention: Immediate treatment not only helps you heal but also creates documentation of your injuries and their cause. This can be used to distinguish between injuries that a helmet could have prevented and those it wouldn’t have.
• Document the Scene: If you’re able, take photos of the accident scene, vehicle damage, road conditions, and your injuries. These details help support your version of what happened.
• Obtain the Police Report: The officer’s report often includes important observations about fault, such as whether the other driver violated traffic laws or appeared impaired.
• Avoid Making Fault Statements: Don’t say anything that could be interpreted as accepting blame, even casually. Statements like “I should’ve been more careful” can be used against you.
• Speak With a Lawyer Early: A knowledgeable attorney can help gather evidence, counter bias, and ensure the insurance company doesn’t twist the facts in their favor.

Our Denver motorcycle accident attorneys understand how to effectively deal with insurers who try to use helmet bias to minimize your claim. We focus on the actual cause of your injuries, the crash itself, and fight to hold the at-fault party fully accountable.

Contact Bell & Pollock After a Denver Motorcycle Accident

While Colorado law does not require adults to wear helmets, juries can be influenced by whether or not a rider wore one at the time of the crash. Some jurors may view helmet use as common sense and could subconsciously assign some blame based on that alone. That’s why it's so important to have an attorney who can properly educate the jury about:

• The legal right to ride without a helmet in Colorado
• How helmets are not relevant to many types of injuries
• The fact that the other driver’s actions caused the crash

It’s also crucial to distinguish between legal fault and personal choices. Wearing a helmet is a choice permitted by law, but running a red light, speeding, or driving distracted are clear violations. A strong legal argument will emphasize the difference and keep the focus where it belongs.

If you’ve been involved in a motorcycle accident in Denver and weren’t wearing a helmet, contact us. We'll assess your case, fight for your rights, and help you move forward with confidence, helmet or no helmet.