Colorado’s regulations on motorcyclist helmet use have evolved, from the requirement for universal wear to the repeal of the state’s universal helmet law in 1977. This has paved the way for the less strict regulations that are still in effect today.
Currently, Grand Junction motorcycle helmet laws only require certain riders to wear head protection, and there are also some notable legal protections for those who are not required to wear helmets and choose not to. Our team of experienced motorcycle injury attorneys at Veritas Injury Lawyers can help you understand these laws and protections and how best to protect your rights after an accident.
Helmet and Eye Protection Requirements
The requirements for head and eye protection that must be worn by Grand Junction bikers are covered by Colorado Revised Statutes § 42-4-1502. The law states that if you are under the age of 18, you may not drive or ride as a passenger on a motorcycle, autocycle, or low-power scooter on any public road unless you are wearing a safety helmet. Your helmet must meet specific safety standards set by the state department of transportation and must be properly sized and secured in place with a riveted chin strap.
Furthermore, C.R.S. § 42-4-232 requires almost all riders and operators of all ages to wear some form of eye protection while riding. This must be either in the form of a visor attached to a safety helmet or as a separate pair of eyeglasses or goggles, and your eye protection must be made of clear shatterproof plastic or glass. The only exception to this rule is if you are riding an autocycle with three wheels, windshields, seatbelts, and a maximum speed of no more than 25 miles per hour.
Can Not Wearing a Helmet Be Treated as Comparative Fault?
In many states, including some without universal helmet requirements, if you choose not to wear a helmet while riding and then suffer a head injury in a crash caused by someone else’s negligence, you can be found partly at fault for your injuries. Your choice not to wear a helmet can be interpreted as comparative fault, which a court can then use to reduce your total amount of compensation or even to deny compensation altogether.
However, in Grand Junction, court precedent holds that your use or non-use of a biker helmet is inadmissible in your personal injury claim if someone else negligently caused you harm. Nonetheless, defendants in these claims may try to transfer blame for their misconduct onto you—tactics that skilled legal counsel can provide vital help with counteracting.
Call a Grand Junction Attorney for Answers on Helmet Rules for Bikers
Wearing a motorcycle helmet is a personal choice in Colorado if you are over the age of 18, and there are no Grand Junction motorcycle helmet laws that interfere with that choice. However, every experienced personal injury lawyer will advise you to wear a helmet every time you ride because we have seen the severe injuries caused by motorcycle wrecks where riders chose not to wear this important safety gear.
If you were harmed in a crash caused by someone else’s negligence, with or without wearing a helmet, we can help you proactively demand compensation for your injuries and losses. Call Veritas Injury Lawyers today for a consultation.
