Month: December 2017

Can Not Wearing A Helmet Affect Your Motorcycle Accident Claim?

Can Not Wearing A Helmet Affect Your Motorcycle Accident Claim?

Motorcyclists in Colorado are not required to wear a helmet unless they are under the age of 18. Even though it is not legally required, many motorcyclists still wear helmets to protect themselves from serious injuries. The decision to wear a helmet can affect more than just your safety—it can also impact the outcome of your motorcycle accident claim.

Head Injuries

Did you sustain a head injury in the accident? If so, then the fact that you were not wearing a helmet could affect your case. The defendant could argue that you are partially at fault for your head injuries because you chose not to wear a helmet. Because Colorado is a modified comparative negligence state, this argument could cost you some of your compensation.

For example, the court may find that you are 20% at fault for not wearing a helmet and the defendant is 80% at fault for causing the accident. This means your compensation will be reduced by 20%, so a plaintiff that would have been awarded $100,000 would only receive $80,000.

If the court finds that you were over 50% at fault for your injuries, then you will not be able to recover any compensation at all.

No Head Injuries

If you did not sustain head injuries in the crash, it may not matter whether or not you were wearing a helmet at the time of the accident. A motorcyclist that sustained back injuries would not have been able to prevent these injuries by wearing a helmet, so the defendant cannot use this argument against you.

But, wearing a helmet could affect your case if you are trying to prove the other party is at fault for the accident. During the trial, the defendant could try to use the fact that you were not wearing a helmet to convince the jury that you are a careless rider. How effective this strategy is will depend on what the jury chooses to believe.

It is perfectly legal to ride a motorcycle without a helmet if you are an adult. But in general, it’s best to wear a helmet so you can protect yourself and prevent these obstacles from arising during your case.

Have you been injured in a motorcycle accident? If so, contact the personal injury attorneys at Reisch Law Firm today. Our team will stop at nothing to recover the compensation that you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.