Can I Pursue a Colorado Motorcycle Accident Claim if I Was Not Wearing a Helmet?

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At Donaldson Law, LLC, our Denver motorcycle accident attorneys represent clients throughout Colorado who have been injured or lost a loved one in collisions caused by negligent drivers.

Unfortunately, motorcycle crashes, injuries, and fatalities happen more often than they should on our roadways, and those across the country.

The National Highway Traffic Safety Administration (NHTSA) reported that per vehicle miles traveled, motorcyclists were about 28 times more likely than passenger vehicle occupants to die in a motor vehicle crash and four times more likely to be injured.

According to the NHTSA, last year there were 5,574 motorcycle accident fatalities throughout the U.S. In Colorado alone, there were 140 motorcycle collision fatalities, including those involving 63 helmeted motorcyclists and 77 non-helmeted motorcyclists.

Here is what Colorado motorcyclists need to know about their rights to pursue the negligent driver who caused their crash for the damages they suffered — whether they were wearing a helmet or not.

What is the Motorcycle Cycle Helmet Law in Colorado?

According to the Colorado Department of Transportation, riders aged 18 and over are not required to wear helmets. However, if the motorcycle operator or passengers are under age 18, they must wear DOT-approved helmets.

Can I Pursue a Motorcycle Accident and Injury Claim if I Was Not Wearing a Helmet?

While most riders know that wearing a DOT-approved helmet reduces the risk of head injury by 69% and the risk of death by 42%, helmet usage declined from 71% to 68% nationwide over a single year.

In Colorado, eligible motorcyclists can decide for themselves whether they wear a helmet while riding.

When riders are injured by negligent drivers who were distracted, speeding, impaired, or simply not paying attention to their surroundings, the rider may be eligible to pursue a personal injury claim against the at-fault driver’s insurance coverage whether they were wearing a helmet or not.

Simply stated, in Colorado, wearing a helmet — or the lack of one — does not impact a motorcyclist’s eligibility to file a personal injury claim for the damages he or she suffered.

The difference may be, the rider’s injuries could be more severe, which means their recovery needs will be more significant.

What are the Most Common Types of Motorcycle Accident Injuries When the Rider Is Not Wearing a Helmet?

A recent study conducted by a neurosurgeon reported that riders who did not wear helmets had twice as many injuries to the neck, also known as the cervical spine, and were far more susceptible to Traumatic Brain Injuries, concussions, contusions, and penetration injuries to the head.

These life-changing injuries can require lengthy medical care and extended time away from work that injury victims should not be responsible for paying out of pocket. We can help determine your eligibility to file a personal injury claim during a free consultation.

Contact Our Experienced Motorcycle Accident Attorneys in Denver, Colorado Today

If you have been injured in a motorcycle accident in Colorado, or tragically lost a loved one who was riding with or without a helmet, you may be eligible to file a personal injury claim against the at-fault driver who caused the crash.

Contact our skilled personal injury lawyers in Denver at Donaldson Law, LLC by calling (720) 458-5000 or contact us online to schedule a free confidential consultation to discuss your case.

Filed Under: Motorcycle Accident

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My husband was rear-ended and his head broke through the back window of the truck. We decided to give things time to see if he improved. The other insurance company dragged things on forever. That’s when we decided we needed an attorney. We did not fully understand the statute of limitations and called a few attorneys thinking we had enough time. We quickly found out that in the land of the law, we were cutting it very close. The other attorneys we called passed saying that they just didn’t have the time to handle our case; we didn’t even get a chance to speak with anyone but the receptionist. Then I called Jennifer Donaldson and spoke to Melanie who is part of Jennifer’s incredible team. – Jackie G.

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Jennifer and her team were fantastic. They guided me through the whole process after getting into a car accident. She fought for me, and gave me and my family the best support. I don’t think I could have made it through the whole process without Jennifer and her team. Their knowledge of the insurance industry was very helpful and was a key factor in the outcome of my case.– Tony D.

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