How Do Helmet Laws Affect Your Colorado Motorcycle Accident Claim?

 Posted on November 27, 2025 in Personal Injury

Colorado is one of the most beautiful states to travel by motorcycle. The open highways and mountain passes attract riders from across the country. However, a crash can quickly turn your life upside down. The state’s helmet laws can also affect how your accident claim is handled. With help from our knowledgeable Fort Collins, CO motorcycle accident lawyer, you have a better chance at filing a claim that represents what you are owed.

What Are Colorado’s Current Motorcycle Helmet Laws?

Colorado law gives motorcyclists some freedom when it comes to helmet use. Under C.R.S. § 42-4-1502, helmets are required only for people under 18 years old or those who have a learner’s permit. If you are 18 or older, wearing a helmet is your choice, but recommended.

However, if you decide to wear one, it must meet U.S. Department of Transportation (DOT) safety standards. This means the helmet has been tested for impact protection and has a label showing it meets federal safety rules.

Even though most adults are not required to wear helmets, doing so can still make a difference after a crash. It can reduce the risk of head injuries and may affect how much compensation you can recover from an insurance company.

Can Not Wearing a Helmet Affect Your Motorcycle Accident Claim?

Under Colorado’s comparative negligence rule, found in C.R.S. § 13-21-111, your compensation can be reduced by your percentage of fault for the accident. For example, if you were not wearing a helmet and suffered a head injury, the insurance company might argue that your decision to go helmetless made your injuries worse. They could try to lower your payment because of that.

However, just because you weren’t wearing a helmet doesn’t mean your claim will automatically be denied. You can still recover damages if another driver’s carelessness caused the crash. Your lawyer can gather evidence to show that the other driver’s actions were the real cause of your injuries, not your lack of a helmet.

What Evidence Can Strengthen Your Motorcycle Accident Case?

As the person filing the claim, you are required to prove who caused the crash and how serious your injuries are. Your attorney can use many types of proof, including:

• Police and crash reports

• Photos of the accident scene and damage to vehicles

• Medical records that describe your injuries

• Statements from witnesses

• Details about your helmet, or lack of one

• Testimony from expert witnesses that explain how the crash happened

When Should You Contact a Colorado Motorcycle Accident Attorney?

It is best to contact a lawyer as soon as possible after a motorcycle crash. Evidence can disappear quickly, and insurance companies may start contacting you right away. Your legal representative would handle the insurer for you and gather records, photos, and witness statements to support your claim. They can also work with doctors and accident experts to show how the crash happened and how it affected your life. With legal support, you have a stronger chance of receiving full and fair compensation.

Schedule a Free Consultation With a Larimer County, CO Motorcycle Accident Attorney

Attorney Darby Hoggatt is a dedicated advocate for victims of negligence and their families. Since 2002, he has been committed to helping clients receive fair treatment and maximum compensation. Call Hoggatt Law Office, P.C. today at 970-225-2190 to schedule a free consultation and learn how our Fort Collins, CO motorcycle accident lawyer can guide you through the claims process. Se Habla Español.