Does not wearing a motorcycle helmet hurt my case?

Colorado is a great place to ride motorcycles. Whether you’re cruising through mountain turns or simply commuting to work, Colorado never disappoint with its scenic highways and byways. We hope this blog post will give you something to think about when you’re choosing how to protect yourself while you ride.

Motorcycles are fun, but they can be dangerous

The Department of Transportation says you are 27 times more likely to suffer a fatal accident riding a motorcycle. Motorcycle accidents almost always lead to head injuries. It’s proven that you are less likely to get a TBI (Traumatic Brain Injury) or die if you are wearing a helmet.

Colorado does not require motorcyclists to wear helmets

Even though you don’t have to wear a helmet, the insurance companies may try to hold it against you if you are in an accident and you were not wearing a helmet. They will argue that your injuries are partially because you didn’t wear a helmet. That’s right, even if their insured hit you because she wasn’t looking where she was going, the insurance company may try to blame you for the injuries she caused.

Thankfully, Colorado courts are on the side of motorcyclists who don’t wear helmets. If you are trying to recoup some money from medical bills, you cannot be penalized for not wearing a helmet.

Colorado courts say that evidence showing a motorcyclist wasn’t wearing a helmet is inadmissible. In other words, you can’t hold it against a motorcyclist if they weren’t wearing a helmet. If you aren’t wearing a helmet, you aren’t negligent, according to the courts. As a motorcycle accident  trusts might explain: the evidence is inadmissible. In short, the insurance company can’t argue that you would have been less injured if you were wearing a helmet.

Not wearing a helmet may not hurt your case, but it does hurt

We strongly encourage motorcyclists to wear helmets, gloves, riding boots, and armor. According to a government study, helmets are 37 percent effective in preventing fatalities.  In Colorado, 59% of motorcyclists killed were not wearing helmets.  In other words, the only way to ride safe is to wear protective gear, especially helmets.

So there you have it. If you have any questions about any of these issues, talk to a local lawyer right away.