Motorcycle accidents remain a growing safety issue across Colorado. According to the Colorado Department of Transportation (CDOT), 165 riders died in 2024—nearly half weren’t wearing helmets. By mid-2025, that number further increased, showing just how dangerous local roads can be for motorcyclists.
As of August 2025, CBS News reported 60 motorcycle-related deaths in Colorado, with 29 of those riders not wearing a helmet at the time of the crash. Recent collisions have made headlines and remind us just how devastating these accidents can be, particularly when a rider is unprotected.
Beyond safety, helmet use can influence your motorcycle accident claim. Facing this makes your situation more difficult. That’s why having an experienced lawyer by your side makes all the difference. If you have been injured in a motorcycle crash, Levine Law’s Denver motorcycle accident lawyers are here to help fight for the compensation you deserve.
Do You Have to Wear a Helmet in Denver?
Colorado doesn’t enforce a universal helmet law. Only riders under 18 must wear DOT-approved helmets. Adults may ride without one—but that freedom carries serious risk.
Nearly half of all motorcycle fatalities in Colorado involve riders without helmets. In traffic-heavy Denver, that choice often decides whether a motorcycle accident ends in minor injuries or tragedy.
How Helmet Use Affects Denver Motorcycle Accident Claims
Under Colorado’s comparative negligence law, fault is divided among all involved parties. In a Denver motorcycle accident, your compensation depends on your share of fault.
- You can recover damages if you’re under 50 % at fault—but your payout is reduced by that percentage.
- At 50 % or more, you can’t recover compensation.
For motorcycle accidents in Denver, this law has serious implications, especially when helmets are involved. While adult riders are not legally required to wear helmets in Colorado, insurance companies often bring the argument that riding without protective gear made your injuries worse than what they would have been otherwise.
For example, a distracted driver hits a motorcyclist who was not wearing a helmet. The driver may be primarily responsible for the crash itself, however they could argue that the severity of the motorcycle rider’s injury was partly due to the fact that they are not wearing a helmet. This reduces the rider’s motorcycle accident claim.
This goes to show that comparative negligence is such a crucial factor in motorcycle accident cases. Even if you had no role in causing the accident, your decision not to wear a helmet could make a significant impact in the outcome of your case.
Can Insurance Companies Use Lack of a Helmet Against You?
Yes. And they often do. Insurance companies are low ballers, their goal is to pay out as little as possible in these cases. One of the most common strategies they use in motorcycle accident cases is pointing to helmet non-use as a reason to reduce or deny claims.
Here’s how it works:
- The insurer may argue that your injuries were more severe because you weren’t wearing a helmet.
- They might claim that you failed to take reasonable precautions to protect yourself, shifting part of the blame onto you.
- They can use this argument to reduce your motorcycle accident claim under Colorado’s comparative negligence law.
These tactics hit hardest in head-injury cases. Even when another driver clearly caused the crash, insurers may claim your injuries would’ve been minor had you worn a helmet.
Without a strong legal advocate, many injured riders end up accepting reduced settlements because they don’t know how to fight these arguments. An experienced Denver motorcycle accident lawyer can present medical evidence, expert testimony, and accident reconstructions to show that the crash itself and not the helmet use was the primary cause of your injuries.
What To Do After a Motorcycle Accident in Denver?
After a motorcycle accident, what you do next matters. Follow these quick steps to protect your health and your motorcycle accident claim.
Prioritize Safety
Your first concern should be protecting yourself from further harm. If you can, get out of traffic and move to a safe spot. Staying on the roadway after a crash puts you at risk of being struck by another vehicle.
Seek Immediate Medical Attention
Even if you think your injuries are minor, get checked by a doctor right away. Motorcycle accidents often cause hidden injuries, such as internal bleeding or traumatic brain injuries, that may not show symptoms until later. Having medical documentation from the start is also critical evidence for your claim.
Report the Accident to Authorities
Always contact the police after a motorcycle accident. A police report is an official document that details what happened, and it can become valuable evidence when insurance companies or the other driver challenge your claim.
Document the Accident Scene
If you are physically able, take photos or videos of the crash site. Capture the vehicles, road conditions, skid marks, traffic signals, and your injuries. This evidence will serve as strong evidence in your claim.
Gather Witness Information
If someone saw the accident, ask for their name and contact information. Witness statements often provide critical support if there is a dispute about fault.
Contact a Denver Motorcycle Accident Lawyer as Soon as Possible
After a crash, you may be dealing with serious injuries, mounting bills, and pressure from insurance companies. An experienced Denver motorcycle accident attorney can take over the legal side of things, protect your rights, and fight for the compensation you deserve while you focus on healing.
How a Denver Motorcycle Accident Lawyer Helps You
Facing the aftermath of a motorcycle accident in Denver is difficult enough with medical bills, lost wages, and long recovery times. Adding the stress of fighting with insurance companies over helmet use only makes things harder. This is where a skilled motorcycle accident attorney makes a major difference.
A Denver motorcycle accident lawyer can:
- Investigate the Crash Thoroughly: Lawyers gather police reports, medical records, accident reconstruction, and witness statements to build a strong case proving the other driver’s negligence.
- Challenge Insurance Company Tactics: Insurance companies will try to argue that helmet non-use should reduce your settlement. An attorney knows how to counter these arguments with evidence and legal precedent.
- Work With Medical Expert: Lawyers often consult doctors and specialists who can testify that your injuries were primarily caused by the crash itself, not simply because you weren’t wearing a helmet.
- Negative or LItigate for Maximum Compensation: Whether through settlement negotiation or trial, an experienced attorney fights to ensure you recover damages for medical expenses, lost wages, pain and suffering, and future care needs.
Even without a helmet, you still have rights. Colorado law lets you pursue motorcycle accident claims when another driver is at fault. A Denver motorcycle accident lawyer from Levine Law ensures your case is presented fairly and your recovery is maximized. Contact us today for a free consultation and leave the legal matters to us.
[2] Colorado General Assembly. (n.d.). Helmets. Colorado Legislative Branch.
