Denver Motorcycle Accident Attorney

What Colorado law actually requires riders to wear

Helmets: 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 years of age is wearing a protective helmet secured with a chin strap. The helmet must meet the U.S. Department of Transportation standard, FMVSS No. 218 (49 CFR 571.218). The statute does not require a helmet for riders 18 and older.

Eye protection: a separate statute, C.R.S. § 42-4-232(1), applies to riders of every age. The driver and any passenger must wear goggles or eyeglasses with lenses made of safety glass or plastic, unless the helmet itself contains eye protection made of safety glass or plastic. Violating either statute is a class A traffic infraction.

Fault and damages are different questions

Who caused the crash is a fault question. Helmet use does not cause a driver to turn left across a rider's path or run a red light. When an insurer raises the helmet issue, it is usually arguing about the severity of a head injury, which is a damages question, and it has no bearing on fractures, road rash, or other injuries a helmet would not have prevented. Whether helmet evidence can be used at all is a legal question that depends on the facts of the case.

Colorado uses modified comparative negligence. Under C.R.S. § 13-21-111, an injured person can recover only if their negligence was not as great as the negligence of the person they are seeking recovery from, and the damages are reduced in proportion to their share of fault. That is why evidence of how the crash happened, such as signals, speed, sight lines, witnesses, and video, matters so much.

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 after the claim accrues. Claims against a government entity can carry much shorter notice deadlines.

Do adults have to wear a motorcycle helmet in Colorado?

No. C.R.S. § 42-4-1502(4.5) requires a DOT-compliant helmet only for operators and passengers under 18. Adults may ride without one, although eye protection is required for riders of every age unless the helmet has a safety glass or plastic visor.

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

Yes. Not wearing a helmet 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 with a helmet, but that argument concerns damages, not who caused the collision, and it does not apply to injuries a helmet would not have prevented.

Does missing eye protection affect my claim?

It can lead to a traffic citation under C.R.S. § 42-4-232. If an insurer claims impaired vision contributed to the crash, it may raise the issue as part of a comparative fault argument. Whether that argument has any weight depends on the evidence of how the crash happened.

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.