With the open road stretching ahead and the majestic Colorado mountains framing the view, it’s no wonder motorcyclists love riding through Boulder. The freedom, adventure, and connection to nature are all part of the thrill. But as exhilarating as motorcycle riding can be, it’s also risky. Accidents happen, and when they do, questions about helmet use and legal rights can become central to the aftermath.
If you’ve been injured in a motorcycle crash, understanding Colorado’s helmet laws and how they might impact your legal claim is vital. Whether or not you wore a helmet, you still have rights, and we’re here to help you make sense of this complex situation.
What Are Colorado’s Helmet Laws?
Colorado is somewhat unique when it comes to helmet laws. Here’s a quick overview of the rules:
- Under 18: If you’re under 18 and riding a motorcycle (as a driver or passenger), a helmet is mandatory. The helmet must meet safety standards set by the Department of Transportation (DOT).
- 18 and Over: Riders and passengers 18 and older are not required by law to wear a helmet. However, protective eyewear is mandatory for all motorcyclists, regardless of age.
This law means adults in Colorado have the right to choose whether or not to wear a helmet. Many regard this as a personal freedom, but that choice can come with significant consequences in both safety and legal contexts.
How Helmet Use Impacts Your Legal Claim
After a motorcycle crash in Boulder, helmet use (or lack of it) can become a key factor in any legal claims for compensation. Here’s how it might play out:
1. Determining Negligence
Legally speaking, Colorado follows a comparative negligence rule. This means compensation in an accident is reduced by the percentage of fault assigned to the injured party. For example, if you’re deemed 20% at fault, you’ll only recover 80% of the awarded damages.
If you weren’t wearing a helmet at the time of the accident, the defense (likely an insurance company) might argue that your injuries are partly your responsibility. They could claim that wearing a helmet would have prevented or lessened your injuries, which can affect the compensation you receive.
2. Type of Injuries Matters
The role of helmet use depends on the type of injuries involved. For instance:
- Head and Neck Injuries: Not wearing a helmet leaves you more vulnerable to serious traumatic brain injuries. Damages awarded for these injuries might be reduced if the court finds your choice not to wear a helmet contributed to their severity.
- Non-Head Injuries: If your injuries don’t involve your head or neck (e.g., broken bones or road rash), whether you wore a helmet won’t typically be relevant to your claim.
3. Insurance Tactics
Insurance companies may use your decision not to wear a helmet to downplay your claim, even when it shouldn’t matter. They might exaggerate its importance to reduce their payout. That’s why having a skilled attorney by your side to counter these tactics is crucial.
Steps to Take After a Motorcycle Accident
If you’ve been in a motorcycle crash, especially one where helmet use is being questioned, here’s how to protect your rights and strengthen your claim:
1. Seek Immediate Medical Attention
Your health comes first. Even if you believe you’re okay, some injuries (like concussions) may not show immediate symptoms. Prompt medical care creates a record of your injuries tied to the crash, which is essential for your case.
2. Document Everything
Take photos or videos at the scene to capture details like damage to your bike, road conditions, and your visible injuries. This evidence can counter claims that your lack of a helmet contributed to the accident itself.
3. Gather Witness Information
If anyone saw the accident happen, get their names and contact information. Their accounts could help establish fault.
4. File a Police Report
Make sure the accident is reported to the police. The officer’s report will include important details that can support your legal claim.
5. Contact a Personal Injury Lawyer
Navigating a motorcycle accident claim is complex, especially when helmet laws come into play. A personal injury attorney can help you build a strong case, negotiate with insurers, and fight for the compensation you deserve.
Compensation You May Be Entitled To
If someone else’s negligence caused your motorcycle crash, you may be eligible for compensation, regardless of whether or not you were wearing a helmet. This compensation can cover:
- Medical Expenses: Hospital bills, rehabilitation, and future treatments.
- Lost Wages: If your injuries prevent you from working temporarily or permanently.
- Pain and Suffering: Both physical and emotional stress caused by the accident.
- Property Damage: The cost of repairing or replacing your motorcycle.
The Importance of Safety
While Colorado gives adults the freedom to ride without a helmet, the statistics don’t lie. Helmets significantly reduce the risk of fatal head injuries and traumatic brain damage in motorcycle crashes. Wearing a DOT-compliant helmet isn’t just a legal consideration; it’s a crucial safety measure that could save your life.
But remember, even if you chose not to wear a helmet, you shouldn’t feel discouraged about pursuing legal action. Everyone makes personal decisions, and the law recognizes that those choices don’t absolve other drivers of their duty to operate safely.
Boulder Motorcycle Accident Lawyers
At Tenge Law Firm LLC, our experienced motorcycle accident attorneys are dedicated to helping victims of these crashes receive the compensation they deserve. Contact just today at (303) 219-7377 to get started.
