C.R.S. 42-4-1502: CO Motorcycle Helmet Law

Does Colorado Require Motorcycle Helmets?

C.R.S. 42-4-1502 is Colorado's motorcycle helmet statute, and it draws a clear line: only riders under 18 must wear a DOT-approved helmet, while adults 18 and older may legally ride without one. Helmet use can still come up after a crash, so it helps to understand how C.R.S. 42-4-1502 may affect your legal rights.

Does Colorado Have a Helmet Law? The Short Answer

Yes, but it is a partial law, not a universal one. Here is what the current statutes say (Colorado Revised Statutes, 2024 edition published by the Colorado General Assembly):

• Who must wear a helmet: every driver and passenger under 18 on a motorcycle, autocycle, or low-power scooter on a roadway (C.R.S. 42-4-1502(4.5)).
• What kind of helmet: one made for motorcycle riders, meeting federal motor vehicle safety standard No. 218 (49 CFR 571.218), and secured with a chin strap while the vehicle is moving.
• Adults 18 and older: no helmet requirement.
• Eye protection: required for drivers and passengers of every age, under a separate statute (C.R.S. 42-4-232(1)), unless the rider wears a helmet with built-in eye protection.
• Penalty: a violation of either statute is a class A traffic infraction.

The motorcycle helmet statute does not cover ordinary bicycles. A separate provision, C.R.S. 42-4-1412(15)(b), requires riders and passengers under 18 on a class 3 electric-assisted bicycle to wear a bicycle helmet. For bike-specific rules, see our guide to Colorado bicycle accident laws.

Helmets still matter on Colorado roads. The Colorado Department of Transportation reports a record 165 motorcycle fatalities in 2024, nearly one-quarter (24%) of all traffic deaths that year, even though motorcycles make up only 3% of the state's vehicle registrations. Motorcycle deaths fell 11% to 147 in 2025. CDOT also reports that almost half (49%) of motorcyclists killed in Colorado over the last five years were not wearing a helmet.

Under-18 Helmet Requirement (C.R.S. 42-4-1502)

Colorado Revised Statute 42-4-1502(4.5) establishes that every person under 18 years of age must wear a protective helmet meeting Department of Transportation (DOT) standards, secured with a chin strap, while driving or riding as a passenger on a motorcycle, autocycle, or low-power scooter on a roadway. This law applies regardless of whether the minor is the operator or a passenger, and a violation is a class A traffic infraction. Colorado's partial helmet law means that adult riders retain the legal right to ride without head protection, while minors must wear one.

Eye Protection Is Mandatory for All Riders

While helmets remain optional for adults, Colorado law does require eye protection for every motorcycle rider regardless of age. Under C.R.S. 42-4-232(1), the driver and any passenger must wear goggles or eyeglasses with lenses made of safety glass or plastic, unless they are wearing a helmet that contains eye protection made of safety glass or plastic. A violation is a class A traffic infraction. Lack of eye protection may also be raised in an injury claim, particularly where eye or facial injuries are involved.

• Helmet: Required only for riders under 18 (C.R.S. 42-4-1502)
• Eye protection: Required for all riders: safety-glass or plastic goggles or eyeglasses, or a helmet with built-in eye protection (C.R.S. 42-4-232(1))
• Violation penalty: Class A traffic infraction

How Not Wearing a Helmet Affects Injury Claims

Even though Colorado does not require adult riders to wear helmets, helmet use may come up in a personal injury claim. The other side may argue that a rider's head injuries were worsened by not wearing a helmet. Whether that kind of evidence can be used at all in a Colorado case is a contested legal question, and riding without a helmet generally does not bear on who caused the crash. We review how it may come up in your situation. Our article on Colorado motorcycle helmet laws and injury claims goes deeper on this issue.

Colorado Motorcycle Equipment Requirements

Beyond helmets, Colorado's traffic code sets equipment standards for motorcycles on public roads, covering items such as mirrors, handlebars, passenger seats and footrests, mufflers, and lighting. These requirements can matter in injury claims because an equipment violation may be raised as evidence that a rider contributed to the accident.

Equipment Rules in Practice

Tire condition, brakes, lighting, and horn operation can all be checked during traffic stops. An equipment violation is usually a traffic infraction, but in injury litigation the other side may use it to argue comparative fault, which can reduce a rider's recovery.

Lane Splitting and Filtering in Colorado

Lane splitting is the practice of riding a motorcycle between two lanes of traffic traveling in the same direction. Colorado draws a line between lane splitting through moving traffic and lane filtering, which means passing stopped traffic at low speed. A 2024 law, SB24-079, allowed lane filtering in Colorado starting August 7, 2024. According to the Colorado State Patrol, filtering is legal only when:

• Traffic in the rider's lane and adjacent lanes going the same direction is at a complete stop
• The lane is wide enough to fit the vehicle and motorcycle while passing
• The motorcycle goes 15 mph or less
• The rider passes safely and keeps control of the motorcycle
• The rider passes on the left and does not enter the oncoming traffic lane

The Colorado State Patrol notes that the law automatically repeals on September 1, 2027, unless lawmakers act, so we confirm the rules that applied on the date of your crash. Our guide to Colorado lane splitting law covers the history and liability questions in more detail.

Liability Implications in Lane-Splitting Accidents

When a crash happens while a rider was moving between lanes, fault allocation becomes a central question. If the maneuver was not permitted, the rider may be assigned a significant share of fault, and under Colorado's modified comparative fault rule (C.R.S. 13-21-111), a plaintiff who is 50% or more at fault cannot recover any damages. Police reports, dashcam footage, and witness statements often decide how the crash is understood, even where another driver changed lanes without signaling or checking mirrors. For how fault is sorted out in other common crash patterns, see our articles on motorcycle vs. car accident fault and left-turn motorcycle accidents.

How Colorado's Modified Comparative Fault Affects Riders

Colorado's modified comparative fault system is the single most important legal concept for any motorcyclist pursuing an injury claim in the state. Under this rule, an injured rider can recover damages only if their share of fault does not reach 50%. If a jury or insurance adjuster assigns the rider exactly 50% or more of the blame, the claim is completely barred — the rider recovers nothing, regardless of injury severity. For motorcyclists, assumptions about riders can affect how fault is viewed, so careful evidence matters. Every percentage point of fault assigned to the rider directly reduces the damage award dollar for dollar, making the difference between 20% fault and 40% fault worth tens or even hundreds of thousands of dollars in a serious injury case.

How Helmet Non-Use May Come Up

When an adult rider was not wearing a helmet, the insurer may argue that a helmet would have reduced head or brain injuries, sometimes with expert testimony. Because Colorado does not require adult helmet use, whether and how that argument can be used is a legal question we evaluate case by case. Early recorded statements may also include questions about helmet use, which is one reason to speak with an attorney first. For a deeper understanding of how this fault system works across all injury types, read our guide on comparative negligence in Colorado.

What to Do After a Motorcycle Accident

The minutes and hours after a motorcycle accident are critical to both your health and your legal rights. The actions riders take immediately after a collision can influence the outcome of injury claims. First, call 911 and request both emergency medical services and law enforcement — a police report documenting the scene, witness statements, and the officer's initial assessment of fault is one of the most valuable pieces of evidence in any claim. Seek medical attention even if you feel fine, as adrenaline masks injuries like internal bleeding and traumatic brain injuries that may not present symptoms for hours or days. Document everything with your phone: photograph vehicle positions, road conditions, traffic signals, debris fields, and your injuries. Collect contact information from witnesses. Do not give a recorded statement to any insurance company before consulting with an attorney, since early statements are often used in fault disputes.

Important: Do not give a recorded statement to any insurance company before consulting with an attorney. Early statements, given before you know the full extent of your injuries, are often used in comparative fault disputes.

Beyond the immediate aftermath, preserving evidence is essential to protecting your claim. Keep your damaged riding gear, do not repair your motorcycle until your attorney authorizes it, and maintain a detailed log of all medical treatments, missed workdays, and out-of-pocket expenses. Colorado's three-year statute of limitations for motor vehicle injury claims under C.R.S. 13-80-101(1)(n) gives you time to file, but evidence degrades quickly — skid marks fade, witnesses forget details, and surveillance footage gets overwritten. For a complete step-by-step guide, read our article on what to do after a motorcycle accident. If you are navigating the settlement process, our guide on motorcycle accident settlement amounts explains what factors determine compensation in Colorado motorcycle cases.

Post-Accident Checklist

1. Call 911 — request police and EMS to the scene
2. Seek medical attention — even if you feel fine, get evaluated
3. Document the scene — photos of vehicles, road conditions, injuries
4. Collect witness information — names and phone numbers
5. Preserve your gear — do not repair or discard damaged helmet, jacket, or boots
6. Do not give recorded statements — to any insurance company
7. Contact a motorcycle accident attorney — before accepting any settlement offer

If you or a loved one has been injured in a motorcycle accident, Conduit Law handles motorcycle injury claims across Colorado and understands the issues that come up for riders. Contact our Denver motorcycle accident attorneys today for a free, no-obligation consultation. We will evaluate your case and explain your legal options.

Frequently Asked Questions

Does Colorado have a motorcycle helmet law?

Yes, but only for riders under 18. C.R.S. 42-4-1502(4.5) requires every driver and passenger under 18 on a motorcycle, autocycle, or low-power scooter to wear a DOT-compliant helmet secured with a chin strap. Colorado has no universal helmet law, so adults 18 and older may legally ride without one. All riders must still wear eye protection under C.R.S. 42-4-232(1).

Do I have to wear a helmet in Colorado?

No, Colorado does not require adults 18 and older to wear a motorcycle helmet. Under C.R.S. 42-4-1502, only riders under the age of 18 are required to wear DOT-approved protective headgear. However, riders of all ages must wear goggles or eyeglasses with safety-glass or plastic lenses, or a helmet with built-in eye protection, under C.R.S. 42-4-232(1).

Is lane splitting legal in Colorado?

Lane splitting through moving traffic is not permitted. Since August 7, 2024, SB24-079 has allowed lane filtering: passing stopped traffic on the left at 15 mph or less, when the lane is wide enough and the rider does not enter the oncoming lane. The Colorado State Patrol notes the law automatically repeals on September 1, 2027, so we confirm the rules that applied on the date of your crash.

Can not wearing a helmet reduce my settlement?

It may be raised. Although Colorado law does not require adult helmets, the insurer may argue that riding without one worsened your injuries. Whether that argument can be used, and how much weight it carries, is a legal question that depends on the facts, and helmet use generally does not bear on who caused the crash.

What are the penalties for motorcycle equipment violations?

Motorcycle equipment violations, including missing mirrors, improper handlebars, or lack of required lighting, are generally traffic infractions carrying fines. They can also be raised in injury claims to argue comparative fault, which can reduce compensation.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is unique, and you should consult with a qualified attorney to discuss the specifics of your situation.