How Do Helmet Laws Affect an ATV Injury Claim in Colorado?

An ATV crash can cause serious head trauma in seconds, but what happens if the rider was not wearing a helmet? Although helmet use may become a major point of dispute, it does not automatically prevent someone from pursuing an ATV injury claim in Colorado.

Attorney Christopher W. Jeffress began his career defending insurance companies and large corporations before shifting his focus to individuals who have been harmed. Since 1994, he has limited his practice to helping people challenge insurers and seek compensation for damage caused by another party’s wrongful conduct.

This blog provides insight into how helmet laws may influence ATV injury cases.

Does Colorado Require ATV Riders to Wear Helmets?

Colorado does not have a universal helmet rule that applies to all adult ATV riders in all locations. Requirements vary based on the operator’s age, the type of vehicle, and where it is being operated.

Local governments may adopt laws requiring riders under age 18 to wear helmets when operating off-highway vehicles on streets, roads, or highways within their jurisdiction. Because county and municipal ordinances vary, the rules at the crash location must be reviewed carefully. Colorado Parks and Wildlife also urges individuals to follow safe and responsible off-highway vehicle practices.

Can Not Wearing a Helmet Reduce Compensation?

An insurance company might scrutinize whether the rider was wearing a helmet, especially when head or facial injuries are involved. However, Colorado courts have held in motorcycle cases that helmet nonuse cannot be introduced to prove comparative negligence or failure to reduce damages. Whether those rulings apply in a particular ATV case may depend on the vehicle, the rider’s age, applicable local ordinances, and the circumstances of the accident.

What Other Evidence May Affect an ATV Injury Claim?

Helmet use is only one part of the investigation. Other important questions might include:

• Did another rider operate the ATV recklessly?
• Was the driver impaired, distracted, or inexperienced?
• Did a property owner create or ignore a dangerous trail condition?
• Did the ATV have a defective component?
• Were passengers permitted to ride safely?
• Did the owner provide proper instructions or protective equipment?

Medical records, photographs, witness accounts, helmet condition, vehicle data, and accident reconstruction findings may help show what caused the crash and each injury.

Discuss Your Colorado ATV Accident With Jeffress Law

Not wearing a helmet does not necessarily end an ATV injury claim, but it may give an insurer another reason to dispute responsibility or damages. A careful investigation can separate the cause of the collision from factors that might have influenced the severity of particular injuries.

Call Jeffress Law at 303-993-8685 to schedule an appointment and learn about your legal options. We serve clients in Boulder, Longmont, Loveland, and Fort Collins areas.