Can I Recover Compensation in a Motorcycle Crash If I Wasn’t Wearing a Helmet?

Motorcycle accidents can be some of the most devastating and life-changing accidents on the road. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 28 times more likely to die in a crash than occupants of passenger vehicles. Even if you survive a motorcycle crash, you may be left with serious injuries that can affect you for the rest of your life.

One of the key factors in a motorcycle crash is whether or not the rider was wearing a helmet. Helmet use has been shown to significantly reduce the risk of death or serious injury in a crash. However, even if you weren’t wearing a helmet at the time of the crash, you may still be able to recover compensation for your injuries. If you were injured by another motorist’s negligence, contact our Denver motorcycle accident lawyers for a free consultation about your rights to recover compensation.

Can I Recover Compensation in a Motorcycle Crash If I Wasn’t Wearing a Helmet?

The answer to this question depends on a few different factors, including the state in which the accident occurred, the extent of your injuries, and whether or not the other driver was at fault for the crash.

In some states, there are laws that require motorcyclists to wear helmets. If you were riding in a state with a mandatory helmet law and you weren’t wearing a helmet at the time of the crash, this could impact your ability to recover compensation. However, even in states without mandatory helmet laws, insurance companies may try to argue that your failure to wear a helmet contributed to your injuries.

Ultimately, whether or not you can recover compensation in a motorcycle crash if you weren’t wearing a helmet will depend on the specific circumstances of your case. This is why it’s important to consult with an experienced motorcycle accident attorney who can help you understand your rights and options.

Factors That May Affect Compensation

If you’ve been involved in a motorcycle crash and weren’t wearing a helmet, there are a few factors that can impact your ability to recover compensation, including:

• If you were partially at fault for the accident, your compensation may be reduced under the principle of comparative negligence. This means that if you were found to be 20% at fault for the accident and the other driver was 80% at fault, your compensation would be reduced by 20%.
• The severity of your injuries will also impact the amount of compensation you can recover. If you suffered only minor injuries, your compensation will likely be less than if you suffered serious or permanent injuries.
• The insurance coverage of the other driver involved in the accident will also impact your ability to recover compensation. If the other driver is uninsured or underinsured, you may have to rely on your own insurance policy to cover your damages.
• As mentioned earlier, state laws can also impact your ability to recover compensation if you weren’t wearing a helmet at the time of the accident. This is why it’s important to consult with an attorney who is familiar with the laws in your state.

Colorado Motorcycle Helmet Laws

Colorado does not have a universal motorcycle helmet law. The only motorcycle helmet law in Colorado requires riders under 18 years of age to wear a helmet designed specifically for motorcycle operation or riding. Motorcycle helmets are voluntary for all adults in Colorado. Although Colorado does not require all riders to wear helmets, they can make a significant difference in the severity of injuries you may face in a motorcycle collision.

Although not required to wear a helmet, you are required to wear eye protection unless your motorcycle has a windshield.

The Colorado Supreme Court determined that defendants and their insurance company cannot introduce evidence that any rider over 18 was not wearing a helmet to a jury to harm your civil lawsuit. That means the defendant cannot introduce evidence or argue that you did not wear a helmet. The highest Colorado court determined if the state legislature decided not to require helmets then it is unfair to hold a rider to a higher standard than required by the legislature. Practically, allowing a defendant to introduce evidence of helmet non-use would result in a trial becoming a battle of experts over the hypothetical effects of wearing a helmet.

Modified comparative negligence

In Colorado a defendant can argue a defense known as modified comparative negligence. Comparative negligence means an injured person’s damages awarded by a jury are reduced by the percentage of fault attributable to the injured person. So if a jury concludes your damages are worth $1 million but you are 20% at fault, you can only recover $800,000.

Colorado modifies comparative negligence so it is not purely a reduction of percentage of fault. If the jury concludes you are 50% or more at fault for your own injuries, you cannot recover any compensation. The jury is the decision-maker on the percentages of fault, so if your personal injury attorney and the insurance defense attorney reach a settlement after filing a lawsuit, you will avoid an official determination of comparative negligence.

Although Colorado law does not allow insurance companies to present evidence your non-use of a helmet to argue comparative negligence, it does not mean their lawyers will not try to slip it into the trial if they can get away with it.

Hiring a Motorcycle Accident Attorney

If you’ve been involved in a motorcycle crash and weren’t wearing a helmet, it’s important to consult with an experienced Denver motorcycle accident attorney. An attorney can help you understand your rights and options, negotiate with insurance companies, and represent you in court if necessary.

When hiring an attorney, it’s important to find someone who has experience with motorcycle accident cases and who understands the unique challenges that come with these types of cases. You should also look for an attorney who is knowledgeable about the laws in your state and who has a proven track record of success in handling motorcycle accident cases.

Insurance companies will argue in settlement negotiations and through a personal injury lawsuit that your choice not to wear a helmet is partially at fault for your injuries. If you attempt to settle a claim involving this fact without an attorney, you can expect the insurance company to bring it up as a reason to pay you very little, or even deny your claim entirely. An experienced motorcycle accident lawyer knows how to fairly value your claim and pursue full compensation for your injuries.

Frequently Asked Questions

Here are some common questions that people have about recovering compensation in a motorcycle crash if they weren’t wearing a helmet, along with their answers:

1. Can I still recover compensation if I wasn’t wearing a helmet at the time of the crash?

Yes, you may still be able to recover compensation even if you weren’t wearing a helmet. However, the specific circumstances of your case will impact your ability to recover compensation.

2. Will not wearing a helmet impact my ability to recover compensation?

It may impact your ability to recover compensation, particularly if you were riding in a state with a mandatory helmet law. However, even in states without mandatory helmet laws, insurance companies may argue that your failure to wear a helmet contributed to your injuries.

3. What types of compensation can I recover?

You may be able to recover compensation for a variety of damages, including medical expenses, lost wages, pain and suffering, and property damage.

4. What should I do if I’ve been involved in a motorcycle crash?

If you’ve been involved in a motorcycle crash, the first thing you should do is seek medical attention. Even if you feel fine, it’s important to get checked out by a medical professional to ensure that you don’t have any hidden injuries.

After seeking medical attention, you should contact an experienced motorcycle accident attorney who can help you understand your rights and options.

5. How long do I have to file a claim?

The statute of limitations for motorcycle accident claims varies by state, but in general, you will have a limited amount of time to file a claim. This is why it’s important to consult with an attorney as soon as possible after your accident. In Colorado, you generally have three years to file an auto accident lawsuit.

6. How much does it cost to hire an attorney?

Many motorcycle accident attorneys work on a contingency fee basis, which means that they don’t get paid unless you recover compensation. This can make it easier for you to afford legal representation, as you won’t have to pay anything up front. Our experienced motorcycle accident attorneys represent clients on a contingency fee basis, so you only pay legal fees when we win your case.

Conclusion

If you’ve been involved in a motorcycle crash and weren’t wearing a helmet, you may still be able to recover compensation for your injuries. However, the specific circumstances of your case will impact your ability to recover compensation, and it’s important to consult with an experienced motorcycle accident attorney who can help you understand your rights and options. Remember that helmet use can significantly reduce your risk of serious injury or death in a motorcycle crash. Always wear a helmet when riding, and follow all other safety precautions to reduce your risk of accidents on the road. If you were injured in a motorcycle crash, contact our law firm today to speak with a lawyer about your case.