Denver Bicycle Helmet Laws

Many people believe that the city mandates helmet use for all bicyclists. However, this is not the case for traditional bicycles. Denver bicycle helmet laws do not impose a universal helmet requirement on adult riders of standard bikes. Still, helmet use might be discussed after a serious accident.

A helmet may reduce the risk of a head injury, but it does not prevent every concussion, brain injury, facial injury, neck injury, or broken bone. A bicycle collision attorney could help review what happened in the crash, what injuries resulted from the impact, and whether the insurance company is using helmet use to distract from the driver’s conduct.

Does the State Require Bicyclists To Wear Helmets?

For traditional bicycles, Colorado does not have a statewide law requiring every rider to wear a helmet. Denver also does not impose a broad helmet rule that applies to all adult riders on standard bicycles. That means an adult rider generally is not violating a helmet law simply because they rode a traditional bicycle without one.

E-bikes are subject to specific regulations. The state mandates that riders and passengers under 18 wear a properly secured helmet when using a Class 3 electric bicycle. Additionally, anyone under 16 is prohibited from operating a Class 3 e-bike on streets, highways, bike paths, or pedestrian paths. However, they may ride as a passenger on a Class 3 e-bike made for passengers.

A Class 3 e-bike is faster than many other electric bicycles and can provide motor assistance up to higher speeds. Because these rules are different from traditional bike rules, the type of bicycle involved can affect how the crash is reviewed.

Can Not Wearing a Helmet Affect an Injury Claim?

Insurance companies may try to focus on helmet use after a bicycle crash, especially when the rider suffered a head or brain injury. That does not mean the insurance company gets to avoid responsibility for a careless driver.

A violation of the Class 3 e-bike helmet rule does not constitute negligence or negligence per se in a civil personal injury claim. In plain terms, the law does not automatically deem a Denver bicyclist legally at fault for an injury claim because of the helmet rule.

However, insurance companies may still dispute injury causation, injury severity, and the specific harm. For example, they may claim a helmet would have changed the injury outcome. A bike crash claim may need medical records, crash evidence, witness statements, photos, helmet condition, and vehicle damage to address those arguments.

Helmet Use Is Still Evidence

Helmet use is only one aspect of a bicycle accident case. The bigger issues typically involve how the crash occurred, such as whether the driver failed to yield, turned across the cyclist’s path, opened a door into the cyclist, drove too close, ignored a bike lane, or failed to keep a proper lookout.

A helmet also does not account for injuries to the back, neck, shoulders, wrists, knees, legs, skin, or internal organs. If a rider was thrown onto the pavement or hit by a vehicle, the claim should consider all injuries resulting from the crash, not just head injuries.

A Denver attorney knowledgeable about bike helmet laws could review whether helmet use or non-use was at issue when assessing a claim. We evaluate crash details, injury patterns, available insurance, and the insurer’s framing of the claim.

Talk With a Denver Attorney About Bicycle Helmet Rules

If you were injured in a bicycle crash, you may have questions about helmet rules, medical bills, and whether the insurance company can use helmet use against you. Rosenthal Injury Law can review the facts and explain how the law may apply to your claim.

Contact Rosenthal Injury Law today for a free case evaluation if you have questions about Denver bicycle helmet laws after a crash.