Can I Sue After a Motorcycle Accident if I Wasn't Wearing a Helmet?

 Posted on July 21, 2026 in Motorcycle Accidents

Not wearing a helmet does not prevent you from suing after a motorcycle accident in Colorado. Adults 18 and older are legally allowed to ride without a helmet. The other driver's responsibility for their part in the wreck does not disappear because of your choice not to wear a helmet.

A Denver, CO motorcycle accident lawyer can help you build the strongest case possible for your injury claim.

What are Colorado's Motorcycle Helmet Laws?

In 2026, Colorado only requires helmets for riders and passengers under 18 (C.R.S. § 42-4-1502). Because Colorado law does not require adults to wear helmets, simply riding without one does not automatically make you negligent. 

There is one equipment rule that applies to everyone, regardless of age. Colorado requires all motorcycle drivers and passengers to wear eye protection. Acceptable protection includes goggles, safety glasses, or a helmet visor made from safety glass or plastic. A motorcycle windshield alone does not satisfy this requirement.

If a rider was not wearing legally required eye protection, the defense may argue that the violation contributed to the crash or particular injuries. Whether that evidence affects the claim will depend on its connection to what happened.

Can Not Wearing a Motorcycle Helmet Affect a Colorado Accident Claim?

Colorado follows a modified comparative fault rule. Under this rule, your compensation is reduced by your percentage of fault. If a court finds you 20 percent responsible for your own injuries, your total award is reduced by 20 percent. If you're found 50 percent or more at fault, you cannot recover anything.

Colorado courts have held that evidence of a motorcyclist’s failure to wear a helmet cannot be used to establish comparative negligence or failure to mitigate damages. If you were legally permitted to ride without a helmet, the defense generally cannot reduce your compensation by arguing that a helmet would have prevented or limited your injuries.

The defense may still try to prove that you contributed to the crash in another way, such as by speeding, making an unsafe lane change, or violating another traffic law. Any fault assigned for causing the collision may reduce your recovery.

When Is the "Failure to Mitigate" Argument Used in Colorado Motorcycle Accidents?

"Failure to mitigate" is an argument sometimes used by the defense to claim that you made your injuries worse after the accident by not receiving adequate treatment for them. It is expected that you make a reasonable effort to recover after you are injured. Not doing so, or not following your treatment plan, can open your case up to scrutiny by the defense. If you do not seek medical care for an extended period after the accident or fail to follow your treatment plan, they may try to argue for failure to mitigate.

What Should You Do After a Motorcycle Accident in Denver?

You can reinforce the strength of your claim if you take certain steps after a motorcycle accident:

• Call 911 and get medical attention immediately. Head and internal injuries don't always appear serious right away. A prompt medical evaluation also creates a record connecting your injuries to the crash.

• Document the scene. Photograph road conditions, vehicle positions, skid marks, traffic signals, and any visible injuries. Get contact information for witnesses.

• Do not give a recorded statement to the other driver's insurance company. Adjusters are experienced at steering your words in ways that increase your assigned fault percentage. Talk to an attorney first.

• Preserve all evidence of what you were wearing. This includes your riding jacket, gloves, boots, and eye protection.

• File your claim promptly. Colorado gives you three years from the date of the accident to file a personal injury lawsuit, but sooner is generally better.

After receiving initial medical care, continue to follow your treatment plan carefully to avoid possible failure to mitigate claims. If you have questions about the filing process, contact an attorney with experience in Colorado motorcycle accidents.

Call a Denver, CO Motorcycle Accident Lawyer Today

The Gold Law Firm has recovered over $100 million in verdicts and settlements for injured clients across Colorado. Our team of Denver, CO personal injury attorneys regularly handles cases like yours. We offer free consultations. Call us at 303-694-4653 to discuss your situation today.