Is Colorado a Helmet State?

How the Law Impacts You and Your Injury Claim

Colorado’s helmet law can be confusing—but if you’ve been injured in a motorcycle crash, knowing how it affects your rights is critical.

Riding Free—Until the Crash Changes Everything

You were doing everything right, checking your mirrors, staying alert, and monitoring the traffic around you, basically just enjoying the open road like every rider deserves to. Then it happened—a sudden impact, a vehicle crossing into your lane, the screech of tires, and the sickening crunch of metal.

Now you’re hurt. Your bike’s wrecked. And the insurance company is already asking questions like:

• Were you wearing a helmet?
• If not, why?

If you’re trying to figure out what to do after a motorcycle accident in Colorado—especially if you weren’t wearing a helmet—you’re not alone.  At Fisher and Associates, we help riders like you every day. We know the law. We know your rights. And we know how to keep insurance companies from using helmet laws against you unfairly.

Colorado Helmet Law: What It Actually Says

Let’s clear up the confusion first. Does Colorado have a helmet law?
Yes—but only for riders and passengers under 18.

According to Colorado Revised Statutes § 42-4-1502:

• Riders under 18 are required to wear a DOT-approved helmet.
  
• Riders 18 and older are not legally required to wear helmets.
  
• However, eye protection is mandatory for all riders, regardless of age.
  

So, yes—Colorado is technically a “helmet optional” state for adult riders. But just because the law doesn’t require one doesn’t mean insurance companies won’t try to use it against you.

How Not Wearing a Helmet Could Impact Your Injury Claim

Here’s where it gets tricky.

Colorado is a modified comparative negligence state. That means your compensation can be reduced if you’re found partially responsible for your injuries.

If you weren’t wearing a helmet and suffered a head or facial injury, the other party’s insurance company might argue that your own choices worsened your injuries—even if their driver caused the crash.

They’ll use this to:

• Reduce your compensation
  
• Shift some of the blame to you
  
• Devalue your claim with subtle bias
  

But let’s be clear: not wearing a helmet doesn’t automatically hurt your case. If your injuries had nothing to do with your head—like a broken leg, internal injuries, or road rash—whether or not you were wearing a helmet becomes much less relevant.

The problem is that insurance adjusters know how to twist the facts. And unless you have an attorney fighting back, they may succeed.

What About Juries? Helmet Bias Is Real.

Even if the law says you don’t need a helmet, juries are still made up of people. And unfortunately, people carry opinions.

A juror might subconsciously think:

• “That rider wasn’t being safe.”
  
• “They knew the risks.”
  
• “If they wore a helmet, maybe it wouldn’t have been so bad.”
  

That’s not fair—but it happens. And it can absolutely affect the outcome of a trial or settlement negotiation.

At Fisher and Associates, we know how to combat that bias with facts, expert testimony, and storytelling that reminds the jury who the real victim is—the rider who was hit through no fault of their own.

You Still Have Rights—Helmet or Not

If you’re reading this after a crash, you might be wondering if it’s even worth pursuing a claim. Maybe you weren’t wearing a helmet. Maybe the other driver’s insurance company is already giving you the runaround.

Here’s the truth: You still have rights. And you still deserve justice.

We’ve helped riders across Colorado recover compensation for:

• Medical bills
• Lost wages
• Bike repairs or replacement
• Pain and suffering
• Long-term disability
• Wrongful death, when a loved one is lost in a crash

And we’ve done it for both helmeted and non-helmeted riders.

Our 3-Step Plan for Riders in Colorado

1. Call Fisher and Associates for a Free Consultation
   We’ll listen to your story, review your case, and give you honest advice—no pressure, no legal jargon.
2. We Investigate and Handle the Legal Fight
   From dealing with insurance companies to determining fault, we take care of everything.
3. You Focus on Healing and Getting Back on the Road
   While we fight for full compensation, you focus on what matters most—your recovery and your ride.

Helmet or No Helmet—We’ve Got Your Back

Colorado’s helmet laws don’t define your right to justice. 

At Fisher and Associates, we know the risks riders take every day. Whether you were wearing a helmet or not, you still deserve legal protection, support, and compensation after a crash. Call us 24/7 for a free consultation.