If you ride a motorcycle in Colorado Springs, Colorado, you may already know that the state does not require adult riders to wear helmets. However, what many riders do not realize is how that choice can become a factor if they are ever injured in a crash. Learning about the law and its potential impact on a personal injury claim is important for every motorcyclist on the road.
Kimball Injury Law, LLC can help you take action after a motorcycle accident in the area. Our Colorado Springs motorcycle accident lawyer has 21 years of experience and has recovered millions of dollars for our clients to date.
Contact us today at (719) 357-9444 to set up a free consultation.
How Kimball Injury Law, LLC Can Help After a Motorcycle Accident in Colorado Springs, Colorado
Kimball Injury Law, LLC will make your case our priority from the moment you select us to represent you.
Some of the ways our Colorado Springs personal injury lawyer will be able to help include:
- Investigating the circumstances of your crash and determining who is liable
- Collecting the evidence required to prove your case
- Bringing in accident reconstruction experts and medical professionals as needed
- Calculating the full value of your economic and non-economic damages
- Handling all communications with the insurance companies
- Negotiating a fair settlement on your behalf
- Filing a lawsuit in court if a reasonable agreement cannot be reached
We’ll work hard to maximize the value of your claim in Colorado Springs, Colorado. Call our Colorado Springs motorcycle accident lawyer today to schedule a free initial consultation. We can answer your questions and walk you through every stage of the legal process.
What Colorado Law Says About Motorcycle Helmets
Colorado is one of a limited number of states that does not require adult motorcyclists to wear helmets.
However, the law does impose requirements in certain situations:
- All riders and passengers under the age of 18 must wear a DOT-approved motorcycle helmet.
- Every motorcyclist, regardless of age, is required to wear eye protection under C.R.S. § 42-4-232.
- Acceptable forms of eye protection include goggles, glasses with safety lenses, or a transparent face shield attached to a helmet.
- A motorcycle windshield alone does not satisfy the eye protection requirement.
Violating the eye protection mandate can result in a traffic citation and may also create complications if you are later involved in an accident and need to file a personal injury claim.
How Helmet Use Can Affect Your Motorcycle Accident Case
If you are an adult, choosing not to wear a motorcycle helmet generally cannot be used against you to establish negligence or reduce your damages in a Colorado personal injury case.
In Dare v. Sobule, the Colorado Supreme Court held that evidence of a motorcyclist’s failure to wear a protective helmet is inadmissible to show negligence or mitigate damages. Therefore, a defendant generally cannot argue that your compensation should be reduced because a helmet might have prevented or lessened your injuries.
However, other actions you took before or during the crash could affect your right to compensation if they contributed to the accident. An experienced motorcycle accident lawyer can review the circumstances and determine how Colorado law applies to your case.
How Long Do I Have to File a Motorcycle Accident Claim in Colorado?
Colorado typically gives motorcycle victims three years from the date of the accident to file a personal injury lawsuit in most cases. Missing that deadline could permanently eliminate your right to pursue compensation.
However, there are exceptions that can change the time limit for some cases, making it best to seek legal help as soon as you can after your accident.
Schedule a Free Case Review With Our Colorado Springs Motorcycle Accident Attorney
Riding without a helmet is your legal right in Colorado, and no insurance company should be allowed to punish you for exercising it. If you have been injured in a motorcycle crash caused by another driver’s negligence, you may have legal options available to help you recover.
Reach out to Kimball Injury Law, LLC today to schedule a free consultation. Our Colorado Springs motorcycle accident attorney has won millions for our clients to date and will work just as hard on your case.
