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Riding a motorcycle in Colorado offers a sense of freedom, especially on scenic routes like Colfax Avenue and Speer Boulevard. However, accidents can happen anywhere, including busy Denver intersections. If you’re involved in a crash, your choice to wear or not wear a helmet may impact your personal injury claim. Understanding how Colorado law treats helmet use in motorcycle injury cases can help you protect your rights. If you’ve been injured in a crash, consulting a Denver motorcycle accident lawyer can assist you with understanding your legal options.

Colorado’s Motorcycle Helmet Law Explained

Unlike many other states, Colorado does not require motorcyclists over the age of 18 to wear helmets. Riders under 18 must wear DOT-approved helmets, but adults can legally ride without one. However, this doesn’t mean that insurance companies won’t use helmet non-use against you in an injury claim.

 

Even though the law does not mandate helmet use for all riders, insurance adjusters and opposing attorneys may argue that failing to wear one contributed to your injuries. This tactic is often used to reduce the compensation you might receive. Understanding how comparative negligence works in Colorado can help you counter these claims.

How Insurance Companies Try to Lower Settlements

Insurance companies focus on reducing their payouts, and they may use various tactics to justify a lower settlement. If you were not wearing a helmet at the time of the accident, expect them to attempt the following strategies:

 

• Arguing Comparative Negligence: Colorado follows a modified comparative negligence rule, meaning your compensation can be lowered if you are found partially responsible for your injuries.
• Blaming Helmet Non-Use for Injuries: Insurers may claim that your head injuries wouldn’t have been so severe if you had worn a helmet, even though the law does not require one.
• Requesting Extensive Medical Documentation: Adjusters might demand unnecessary medical records to find pre-existing conditions or alternative reasons for your injuries.
• Delaying the Claims Process: If they anticipate a strong claim, insurers may intentionally slow the process, hoping you’ll settle for less due to financial strain.

Can You Still Recover Compensation If You Weren’t Wearing a Helmet?

Yes, you can still receive compensation if another driver caused your motorcycle accident. Colorado’s legal system allows injured motorcyclists to pursue damages for medical expenses, lost wages, and pain and suffering, regardless of helmet use. However, the amount you receive may depend on how much fault is assigned to you.

 

If an insurance company or court determines that not wearing a helmet contributed to the severity of your injuries, your settlement could be reduced. For example, if you were found 20% responsible for your head injuries due to not wearing a helmet, your total compensation could be reduced by that percentage. This is why building a strong case with the right evidence is essential.

Building a Strong Motorcycle Injury Claim

To counter insurance tactics and strengthen your claim, take the following steps after an accident:

 

1. Even if you feel fine, a medical evaluation creates essential documentation for your claim.
2. Take photos of the crash, your injuries, and any damage to your motorcycle.
3. If possible, collect contact information and statements from anyone who saw the accident.
4. Stick to the facts when speaking to adjusters and avoid admitting any level of responsibility.
5. An experienced lawyer can help challenge unfair insurance tactics and ensure you receive fair compensation.

Why Legal Representation Can Make a Difference

Motorcycle injury claims can be complex, especially when insurance companies try to reduce your settlement based on helmet use. A skilled attorney can help establish that your injuries were directly caused by the negligent driver, not your decision to ride without a helmet.

 

Legal professionals use expert testimony, accident reconstruction, and medical reports to prove your case. Additionally, they can negotiate aggressively with insurers to prevent them from unfairly shifting blame. Without strong legal representation, you risk receiving far less than what you deserve.

Speak With a Motorcycle Accident Lawyer Today

If you were injured in a motorcycle crash on roads like Federal Boulevard or I-25 and are facing challenges with an insurance claim, you don’t have to handle it alone. Secure your legal rights and fight for fair compensation today. Contact an experienced Denver motorcycle accident lawyer today for a free consultation.