Colorado Motorcycle Helmet Laws and Injury Claims

Why helmet questions come up so often in Colorado

Under C.R.S. § 42-4-1502(4.5), a person may not drive or ride as a passenger on a motorcycle on a roadway unless each person under eighteen is wearing a protective helmet that meets the U.S. Department of Transportation standard, FMVSS No. 218 (49 CFR 571.218). The statute does not require a helmet for adult riders, so many Colorado riders lawfully ride without one.

The Colorado Department of Transportation reports a record 165 motorcycle fatalities on Colorado roads in 2024, nearly one-quarter (24%) of all traffic deaths that year, even though motorcycles were only 3% of the state's vehicle registrations. Motorcycle fatalities fell 11% to 147 in 2025, and CDOT says almost half (49%) of motorcyclists killed in Colorado over the last five years were not wearing a helmet. With numbers like these, insurers raise the helmet question often, so riders should expect it.

How a motorcycle injury claim works in Colorado

A motorcycle (or motorbike) injury claim usually starts against the at-fault driver's liability insurance. The claim has to prove two things: that the other driver's negligence caused the crash, and what the injuries cost in medical care, lost income, and the effect on daily life. Helmet use speaks only to the second question, and only to injuries a helmet could have changed. It does not explain a driver turning left across a rider's path.

Fault is shared under Colorado's modified comparative negligence rule. Under C.R.S. § 13-21-111, an injured rider can recover only if their negligence was not as great as the negligence of the person they are seeking recovery from, and any damages are reduced in proportion to the rider's share of fault.

When the driver has no insurance or too little, the rider's own uninsured/underinsured motorist (UM/UIM) coverage may apply. C.R.S. § 10-4-609 requires a Colorado motor vehicle liability policy to include UM coverage unless the named insured rejects it in writing, and that coverage includes damages the insured is legally entitled to collect from an underinsured driver. Medical payments coverage is different for riders: the $5,000 medical payments coverage rule in C.R.S. § 10-4-635 does not apply to motorcycle policies, so check whether your motorcycle policy includes it.

Deadline: under C.R.S. § 13-80-101(1)(n), tort actions for bodily injury arising out of the use or operation of a motor vehicle generally must be filed within three years. Claims against a government entity can carry much shorter notice deadlines.

What is a motorbike injury claim in Colorado?

It is a claim for the harm caused when another person's negligence leads to a motorcycle crash. It is usually made first against the at-fault driver's liability insurer and, if that coverage is missing or too small, through the rider's own UM/UIM coverage. The claim depends on proof of how the crash happened and a complete medical and wage record.

Can I still make a claim if I was not wearing a helmet?

Yes. Colorado does not require adult riders to wear a helmet, and not wearing one does not bar a claim against the driver who caused the crash. An insurer may argue that a head injury would have been less severe, but that is a damages argument. It does not change who caused the collision, and it does not reach injuries a helmet would not have prevented.

Does my motorcycle insurance include medical payments coverage?

Not necessarily. The Colorado rule requiring $5,000 in medical payments coverage on auto policies, C.R.S. § 10-4-635, does not apply to motorcycle policies. Read your declarations page or ask your insurer which coverages you carry.

How long do I have to file a motorcycle injury lawsuit in Colorado?

Generally three years from the crash for bodily injury claims arising from the use or operation of a motor vehicle, under C.R.S. § 13-80-101(1)(n). Shorter deadlines can apply when a government entity is involved. If you are unsure which deadline applies, Conduit Law can review it. Call (720) 432-7032.