Colorado is a popular state for cycling, with riders taking advantage of everything from city bike lanes to mountain trails. However, when it comes to the state’s helmet laws, many cyclists are surprised to learn how few legal requirements actually exist.
Learning about how the rules work can help you stay safe and protect your legal rights if you’re ever involved in a bicycle accident. Continue reading to learn more about what Colorado law has to say about wearing a bicycle helmet.
Colorado’s Bicycle Helmet Laws
Colorado does not have a statewide law requiring bicycle riders to wear helmets. Generally speaking, adults and children alike can legally ride a traditional bicycle without one. This may come as a surprise, especially for parents of younger riders who assume there’s a minimum age requirement.
The one exception involves Class 3 electric bicycles. A Class 3 e-bike is a pedal-assisted bicycle with a motor that can reach speeds up to 28 MPH. Per C.R.S. § 42-4-1412, anyone under 18 years old must wear a helmet while operating a Class 3 e-bike. Outside of that specific situation, helmet use is largely voluntary across the state.
However, it’s also worth noting that some local cities and counties may have their own helmet ordinances. Riders should check the rules in their area to make sure they’re in full compliance with any local regulations that go beyond state law.
How Helmet Use Can Affect a Personal Injury Claim
Although helmets aren’t required for most riders, choosing not to wear one could still have consequences if you’re involved in an accident. Colorado follows a modified comparative negligence system that applies to these cases. This means that your compensation could be reduced, or even eliminated entirely, if the opposing party successfully blames you for the crash.
While not wearing a helmet likely won’t cause a bicycle accident by itself, not doing so could make the resulting injuries worse than they would have been otherwise. The insurance adjusters involved in your case will do whatever they can to escape liability, so it’s important to be prepared for accusations of shared fault like these.
What Should I Do After a Bicycle Accident in Colorado?
For better or worse, the steps you take right after a bicycle accident can play a major role in any future insurance claim or lawsuit that you may pursue down the line.
If possible, keep these guidelines in mind:
- Call 911 to report the accident. A police report serves as key evidence when building your case.
- Get the driver’s name, phone number, and insurance details before leaving the scene.
- Take photos of the accident scene, including your bicycle and your injuries.
- Talk to witnesses who saw what happened and ask for their contact information.
- Avoid saying anything that could sound like you’re accepting blame for the crash.
- See a doctor as soon as possible, even if you feel fine at first. Some injuries take hours or days to show symptoms, and medical records help connect your injuries to the accident.
From here, reach out to a personal injury attorney for legal advice. A lawyer can advise you on how best to proceed given the unique facts and circumstances of your case. Ideally, you’d take this step before engaging with any insurance companies about the accident, but check the terms of your policy to see if there are any immediate deadlines you need to meet.
Contact a Colorado Bicycle Accident Lawyer at Ferrell Injury Law for Help With Your Claim
Colorado’s helmet laws are minimal, but that doesn’t mean helmet use is irrelevant after an accident. Regardless of whether you were wearing one at the time of a crash, you may still have the right to pursue a claim against the person who caused your injuries.
If you or a loved one were recently involved in a bicycle accident in Boulder, CO, speaking with an experienced attorney is one of the best decisions you can make.
Call Ferrell Injury Law for a free consultation with a personal injury lawyer or contact us online.
We proudly serve clients in Boulder and surrounding Colorado communities.
Ferrell Injury Law
2060 Broadway # 360, Boulder, CO 80302
720-687-2795
