Can I File a Bicycle Accident Claim if I Wasn't Wearing a Helmet?

If you’ve been hit by a car while riding your bike and you weren’t wearing a helmet, you may be wondering whether you can still file a claim. The short answer is yes—in Colorado, you can still seek compensation for your injuries even if you weren’t wearing a helmet. However, not wearing a helmet can impact certain aspects of your case. Insurance companies may try to use it against you to reduce the value of your claim. That’s why it’s important to understand your rights, the role of comparative negligence, and how an experienced bicycle accident lawyer can help protect your interests. 

At Pribila and Fields, we represent injured cyclists throughout Colorado Springs and surrounding areas. We understand the tactics used by insurance companies to shift blame and minimize payouts — and we work to ensure you receive the compensation you deserve, helmet or not.

Is Helmet Use Legally Required in Colorado?

In Colorado, there is no statewide law requiring adult bicyclists to wear a helmet. Minors under 18 are required to wear helmets in some cities or counties, but adults are not legally obligated to do so. This means that if you’re over 18 and you were injured in a bike accident, the fact that you weren’t wearing a helmet does not automatically disqualify you from filing a claim or recovering damages. Still, that doesn’t stop the other party’s insurance company from trying to make helmet use an issue. They may argue that your injuries were worsened by your failure to wear a helmet — especially if your claim involves a head injury.

How Comparative Negligence Works in Colorado

Colorado follows a legal principle called modified comparative negligence. This means:

• You can recover damages even if you were partially at fault for the accident
• Your compensation will be reduced by your percentage of fault
• If you’re found to be 50% or more at fault, you cannot recover any damages

So how does this apply to not wearing a helmet? Technically, not wearing a helmet isn’t “fault” in the traditional sense because it didn’t cause the accident. But insurance companies may still argue that your decision contributed to the severity of your injuries. If that argument is successful, your compensation could be reduced. For example, if you were awarded $100,000 in damages but found 20% responsible due to not wearing a helmet, your award would be reduced to $80,000.

What If the Injury Wasn’t to Your Head?

In many bike accidents, injuries involve more than just head trauma. Cyclists may suffer:

• Broken bones
• Spinal cord injuries
• Internal injuries
• Road rash or lacerations
• Joint injuries

If your injury had nothing to do with your head, then helmet use is irrelevant. The insurance company’s attempt to use helmet non-use against you would likely hold little weight in court — and we’ll make sure that’s the case. Even in head injury claims, our firm works with medical experts to clearly distinguish between injuries caused by the crash itself versus any hypothetical protection a helmet may have provided.

How Insurance Companies Use Helmet Use Against Cyclists

After an accident, the driver’s insurance company may look for any opportunity to reduce their liability. That includes questioning whether you were:

• Following traffic laws
• Using proper hand signals
• Riding in a designated bike lane
• Wearing appropriate safety gear, including a helmet

They may argue that not wearing a helmet was “negligent” or that your injuries were “avoidable,” hoping to reduce your settlement or deny your claim outright. That’s why it’s crucial to have a legal team that knows how to push back on these tactics.

At Pribila and Fields, our bicycle accident attorneys are experienced in countering these arguments and proving that the driver’s actions—not your safety gear—were the true cause of your injuries.

What Compensation Can You Recover After a Bike Accident?

Even if you weren’t wearing a helmet, you may be entitled to compensation for:

• Medical expenses (past and future)
• Lost wages and reduced earning ability
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement
• Property damage (your bike, helmet, phone, etc.)

The exact value of your claim depends on the severity of your injuries, the circumstances of the accident, and the strength of the evidence you present.

Steps to Take After a Bicycle Accident

If you’ve been hit while biking — regardless of whether you were wearing a helmet — take these steps to protect your legal rights:

1. Get medical attention immediately, even if you feel okay
2. Call the police and ensure a report is filed
3. Take photos of the scene, your bike, and any visible injuries
4. Get contact information from any witnesses
5. Do not speak to the driver’s insurance company without legal counsel
6. Consult an experienced bicycle accident lawyer as soon as possible

The sooner you contact a lawyer, the better your chances of preserving evidence and building a strong case.

Why Work With Pribila and Fields?

We’ve helped many injured cyclists in Colorado Springs recover compensation after being hit by negligent drivers. We understand the unique dynamics of bicycle injury cases and we know how to handle claims where helmet use is being unfairly used as a defense. Our legal team will:

• Conduct a full investigation into the crash
• Work with medical professionals to document your injuries
• Handle all communication with the insurance companies
• Negotiate aggressively for the full compensation you deserve
• Take your case to trial if the insurer refuses to settle fairly

Whether you were wearing a helmet or not, you have rights — and we’re here to protect them.

If you were injured in a bicycle accident in Colorado Springs and you’re unsure whether you have a case, contact Pribila and Fields today. Let’s discuss your situation and help you move forward with confidence.