In Aurora, Colorado, the helmet laws are governed by Colorado Revised Statute 42-2-1502 Section 4.5 and state that a person shall not operate or ride as a passenger on a motorcycle or low-power scooter unless each person under the 18 years of age is wearing an approved motorcycle helmet.
This is just one of the many Aurora motorcycle helmet laws that individuals must abide by. To better understand these laws, an individual should consult with an experienced Aurora motorcycle accident attorney immediately.
Under Aurora’s current motorcycle helmet laws, anyone over the age of 18 is not mandated to wear a helmet. However, if a rider or a passenger of a motor vehicle is under the age of 18, they must wear a helmet. If they are not wearing a helmet, they may be ticketed by a police officer for that infraction, which carries a fine and points against their license.
The Colorado Revised Statute 42-2-1502 Section 4.5 states that a person shall not operate or ride as a passenger in a motorcycle or low-power scooter unless each person operating or a passenger on them under the age of 18 is wearing an approved motorcycle helmet. On a side note, some type of eye protection for motorcycle operators and passengers is required under Colorado law.
Unfortunately, crashes with motorcycles are not a rare event. One of every five motorcycle crashes reported results in head or neck injuries. Head injuries are just as severe as neck injuries and are far more common.
Research has shown that when a person wears a helmet, they reduce the risk of a neck and head injury. If a rider is not wearing a helmet, they are three times more likely to die of a head injury than a rider who is wearing a helmet at the time of the crash. This is much of the reasoning behind many of the Aurora motorcycle helmet laws currently in place.
Wearing a helmet can reduce the risk of neck and serious head injury, if not death. If a person fails to wear a helmet, they could potentially reduce the amount of money they can recover from the at-fault party because they may be deemed comparatively negligent for not wearing a helmet although it is not mandated by Colorado law. The purpose of Aurora motorcycle helmet laws is to help prevent any sort of injury that may result after an accident.
Impact on a Case
First and foremost, not wearing a helmet is extremely dangerous. Secondly, failure to wear a helmet can deem the motorcyclist comparatively negligent for the collision. This means that the motorcyclist could have avoided the incident, mitigated it, or reduced their damages just by wearing a helmet. Therefore, the motorcyclist would have reduced the amount of money they would have collected because they failed to wear a helmet. Obeying the Aurora motorcycle helmet laws and choosing to wear a helmet can help an individual in terms of damages.
Contributory negligence is the failure of an injured plaintiff to act prudently and it is considered to be a contributory factor in the injuries suffered. In Aurora, this will reduce the amount recovered from the defendant or the at-fault party.