Can I sue if I was hit while not wearing a motorcycle helmet?

Colorado motorcycle driver holding a helmetYes, you can still file a lawsuit if you were hit and injured by another motorist and you were not wearing a helmet. Colorado law does not require motorcyclists to wear a motorcycle helmet if the rider is 18 years old or older. You are still allowed to recover compensation if you are not primarily at fault in the motorcycle crash. An insurance company representing an at-fault driver cannot deny your injury claim just because you or your loved one was not wearing a helmet. The Colorado Supreme Court has ruled that a motorcyclist’s failure to wear a helmet was not admissible as evidence to show the motorcyclist was negligent or to reduce the damages owed.

After a serious motorcycle accident, it is in your interest to contact an experienced attorney at The Sawaya Law Firm.