Motorcycle Law

Understanding Colorado Motorcycle Law

Motorcycle Law
A motorcyclist who is involved in an accident may obtain compensation by turning  to Kelley Law Firm PC, our personal injury law firm (link to Home page) in Denver, CO. We have in-depth knowledge of Colorado motorcycle law, and we put that knowledge to work for our clients. Visit our office for a free consultation to discuss your motorcycle you or someone you know was involved in. We can also come to your location for the consultation if that is more convenient for you.

Compensation for Injuries in a Motorcycle Accident

As a motorcyclist, you should be aware of Colorado motorcycle law and how it protects you in the event of an accident. The nature of these laws is designed to protect motorcyclists against the negligence of people who are driving cars and trucks. This is due to the severity of most motorcycle accidents. Our firm utilizes Colorado motorcycle law to ensure our clients are compensated for their injuries. We can request a myriad of damages in case involving a motorcycle accident. Damages may include payment for the following:

Pain & Suffering

  • Scarring
  • Disfigurement
  • Economic Loss
  • No Fault Benefits
  • Loss of Enjoyment of Life

Colorado is an at-fault state. This means that the law of negligence governs motor vehicle accidents. The person who is found to be at fault for the accident can be held accountable for your injuries and damages resulting from your motorcycle accident.

Colorado Comparative Negligence

Motorcycle Law
If you are found to be partially at-fault for your Colorado motorcycle accident, this may not bar you from recovering for your injuries and damages. Your damages may simply be reduced in proportion to fault percentages from your Colorado motorcycle accident.

Contributory negligence shall not bar any person to recover damages for negligence resulting in death or injury to a person or property, as long as such negligence was not as great as the negligence of the person against whom recovery is sought. Any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.

Colorado Laws for Motorcyclists

Colorado motorcycle law is meant to protect motorcyclists. However, if a motorcyclist does not follow the laws, it can affect the outcome of a personal injury case. For example, it is important to know the laws related to personal safety.

If you are under the age of 18, riding on or operating a Colorado motorcycle, you are required by Colorado law to wear a protective helmet. You are also required by law to wear eye protection when riding or operating a motorcycle.

 


 

Colorado Motorcyclists Protection

Colorado motorcyclists are protected under Colorado motorcycle law that makes negligent drivers responsible and liable to Colorado motorcyclists. A motorcyclist who is involved in a Colorado motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Colorado.

Know Your Options

If you sustained an injury due to a Colorado motorcycle accident and you haven’t contacted a lawyer about your Colorado motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options.  As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to Kelley Law Firm, P.C. at 303.761.4400.

Colorado: An At-Fault State

This means that the law of negligence governs motor vehicle accidents. The person who is found to be “at fault” for the accident can be held accountable for your injuries and damages resulting from your Colorado motorcycle accident.

Colorado Comparative Negligence

If you are found to be partially at-fault for your Colorado motorcycle accident, this may not bar you from recovering for your injuries and damages. Your damages may simply be reduced in proportion to fault percentages from your Colorado motorcycle accident.

C.R.S.A. § 13-21-111
§ 13-21-111. Negligence cases–comparative negligence as measure of damages

(1) Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.

Colorado Helmet Law

Colorado Helmet Law: If you are under the age of 18, riding on or operating a Colorado motorcycle, you are required by Colorado law to wear a protective helmet.

C.R.S.A. § 42-4-1502
§ 42-4-1502. Riding on motorcycles—protective helmet

(1) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent seat if designed for two persons or upon another seat firmly attached to the motorcycle at the rear or side of the operator.

(4.5)(a) A person under eighteen years of age may not operate or carry a passenger who is under eighteen years of age on a motorcycle on a highway in this state unless:
(I) The person and the passenger are wearing protective helmets of a type and design manufactured for use by operators of motorcycles;
(II) The protective helmet conforms to the design and specifications set forth in paragraph (b) of this subsection (4.5); and
(III) The protective helmet is secured properly on the person’s head with a chin strap while the motorcycle is in motion.

(b) A protective helmet required to be worn by this subsection (4.5) shall:
(I) Be designed to reduce injuries to the user resulting from head impacts and to protect the user by remaining on the user’s head, deflecting blows, resisting penetration, and spreading the force of impact;
(II) Consist of lining, padding, and chin strap; and
(III) Meet or exceed the standards established in the United States department of transportation federal motor vehicle safety standard no. 218, 49 CFR 571.218 for motorcycle helmets.

Colorado Eye Protection Law

If you are riding on or operating a Colorado motorcycle, you are required by law to wear eye protection.

C.R.S.A. § 42-4-232
§ 42-4-232. Minimum safety standards for motorcycles and motor-driven cycles

(1) No person shall operate any motorcycle or motor-driven cycle on any public highway in this state unless such person and any passenger thereon is wearing goggles or eyeglasses with lenses made of safety glass or plastic.

(2) The department shall adopt standards and specifications for the design of goggles and eyeglasses.

Colorado Minimum Insurance Required

The minimum insurance required for your Colorado motorcycle is Compulsory Liability Insurance.

  • Bodily Injury Liability (1 Person): $25,000
  • Bodily Injury Liability (All persons, 1 accident): $50,000
  • Property Damage Liability: $15,000

Colorado UIM Coverage

Uninsured, or underinsured, motorist coverage may protect you if you are injured in a Colorado motorcycle accident.

Underinsured Motorist Coverage – Underinsured motorist coverage may protect you if you are injured in a Colorado motorcycle accident and the at-fault driver does not have adequate insurance to pay for your resulting injuries.

Uninsured Motorist Coverage – Uninsured motorist coverage may protect you if you are injured in a Colorado motorcycle accident and the at-fault driver does not have any insurance to pay for your resulting injuries.

Hit & Run: If you are injured in a Colorado motorcycle accident with an unidentified at-fault driver, uninsured motorist coverage may protect you and cover your resulting injuries.

C.R.S.A.§ 10-4-609
§ 10-4-609.Insurance protection against uninsured motorists–applicability

(1)(a) No automobile liability or motor vehicle liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle licensed for highway use in this state unless coverage is provided therein or supplemental thereto, in limits for bodily injury or death set forth in section 42-7-103(2),C.R.S., under provisions approved by the commissioner, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, or disease, including death, resulting therefrom; except that the named insured may reject such coverage in writing.

(2) Before the policy is issued or renewed, the insurer shall offer the named insured the right to obtain uninsured motorist coverage in an amount equal to the insured’s bodily injury liability limits, but in no event shall the insurer be required to offer limits higher than the insured’s bodily injury liability limits.

(3) Notwithstanding the provisions of subsection (2) of this section, after selection of limits by the insured or the exercise of the option not to purchase the coverages described in this section, no insurer nor any affiliated insurer shall be required to notify any policyholder in any renewal or replacement policy, as to the availability of such coverage or optional limits. However, the insured may, subject to the limitations expressed in this section, make a written request for additional coverage or coverage more extensive than that provided on a prior policy.

(4) Uninsured motorist coverage shall include coverage for damage for bodily injury or death that an insured is legally entitled to collect from the owner or driver of an underinsured motor vehicle. An underinsured motor vehicle is a land motor vehicle, the ownership, maintenance, or use of which is insured or bonded for bodily injury or death at the time of the accident.

Colorado Statute of Limitations

Colorado Statute of Limitations: For personal injury or negligence actions in Colorado, you would typically have 2 years to file suit. However, the exception to this rule is motor vehicle accidents. If you are injured in a Colorado motorcycle accident, you have 3 years from the date of the accident to commence suit for your resulting injuries.

C.R.S.A.§ 13-80-102
§ 13-80-102. General limitation of actions–two years

(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within two years after the cause of action accrues, and not thereafter:

(a) Tort actions, including but not limited to actions for negligence, trespass, malicious abuse of process, malicious prosecution, outrageous conduct, interference with relationships, and tortious breach of contract; except that this paragraph (a)does not apply to any tort action arising out of the use or operation of a motor vehicle as set forth in section 13-80- 101

C.R.S.A.§ 13-80-101
§ 13-80-101. General limitation of actions–three years
(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:

(n)(I) All tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle including all actions pursuant to paragraph (j) of this subsection (1).

Exceptions to the Law

There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident. Law changes constantly. Do not rely on this information. Law is vast and cannot be covered in this limited space. Please call our firm for a free consultation to see if you have a case.