Injured in a Colorado Motorcycle Accident?

If you’ve been hurt in a crash, understanding these laws is just the first step. The team at Cheney Galluzzi & Howard helps Colorado riders protect both their safety and their legal rights.

• Colorado Motorcycle Accident Injury Claims – We fight for full compensation when negligent drivers cause harm.
• Wrongful Death After a Motorcycle Crash – Holding responsible parties accountable when families lose a loved one.
• Truck vs. Motorcycle Collision Cases – Specialized representation for blind spot and commercial vehicle accidents.

Free Motorcycle Accident Case Review – No upfront fees. We only get paid when we secure your recovery.

Motorcycle Accident Injury Representation: Protecting Victims’ Rights for Full The Mandatory Eye Protection Requirement (C.R.S. 42-4-232)

Here’s the law that catches riders off guard: All motorcycle operators and passengers in Colorado must wear eye protection, regardless of age.

This requirement is satisfied by wearing glasses, goggles, or a face shield. If your motorcycle is equipped with a windscreen, you may ride without additional eye protection—but the windscreen must meet minimum height and transparency standards.

Why This Matters

A violation of the eye protection law is a Class A traffic infraction. But beyond the fine, failing to wear proper eye protection can be used against you in an injury claim. Defense attorneys will argue that your failure to comply with safety regulations contributed to the severity of your injuries or your inability to avoid the collision.

If you’re cited for an eye protection violation after a crash, contact an attorney immediately. That citation can become evidence in a liability dispute.

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Lane Filtering in Colorado: The 2024 SB24-079 Update

As of August 7, 2024, Colorado became one of the few states to explicitly legalize lane filtering under specific conditions. This is a major development, but it comes with strict limitations that many riders misunderstand.

What Lane Filtering Is (and Isn’t)

Lane filtering is the practice of riding a motorcycle between lanes of stopped or slow-moving traffic. Under SB24-079 (codified as C.R.S. 42-4-1503), lane filtering is legal only when:

1. Traffic is completely stopped (not just slow-moving).
2. The motorcycle is traveling 15 mph or less.
3. The roadway has at least two adjacent lanes traveling in the same direction.
4. The motorcycle does not exceed the speed limit posted for that roadway.

Lane splitting—riding between lanes of moving traffic at highway speeds—remains illegal in Colorado.

Fact vs. Fiction: Lane Filtering Rules

Fiction	Fact
“I can ride between cars on I-25 at 40 mph.”	You can only filter if traffic is stopped and you are moving 15 mph or less.
“Lane filtering is the same as lane splitting.”	No. Lane splitting (moving traffic) is illegal. Filtering (stopped traffic) is legal under strict conditions.
“If I’m filtering legally, I can’t be blamed for a crash.”	Wrong. If a driver opens a door or changes lanes and hits you, liability will depend on whether you were following SB24-079 exactly.

Why This Law Matters for Your Claim

If you’re involved in a crash while lane filtering, the first question an insurance adjuster will ask is: Were you complying with C.R.S. 42-4-1503?

If you were filtering at 20 mph, or if traffic was moving slowly (not stopped), the insurer will argue you were breaking the law and therefore at fault. Even if the other driver violated your right-of-way, your non-compliance can reduce or eliminate your recovery under Colorado’s comparative negligence rules.

We’ve already seen cases where insurers deny claims outright by mischaracterizing legal filtering as illegal splitting. Documentation—dashcam footage, witness statements, traffic data—is critical.

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Motorcycle Insurance Requirements in Colorado

Colorado law requires all motor vehicle operators, including motorcyclists, to carry minimum liability insurance. The mandatory minimums are:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury (total)
• $15,000 per accident for property damage

Why These Minimums Are Dangerously Low

A serious motorcycle crash can result in medical bills exceeding $100,000, lost wages, and long-term rehabilitation costs. If the at-fault driver carries only the state minimum, you may recover far less than your actual damages.

This is why Uninsured/Underinsured Motorist (UM/UIM) coverage is essential. UM/UIM coverage protects you when the at-fault driver has no insurance or insufficient coverage. In Colorado, insurers must offer UM/UIM coverage, but you can decline it in writing. We strongly advise against declining this coverage.

If you’re hit by an uninsured driver and you don’t have UM coverage, your only option may be to sue the individual directly—often an impractical solution if they lack assets.

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How Colorado’s Comparative Negligence Law Affects Riders

Colorado follows a Modified Comparative Negligence rule with a 50% bar. This means:

• If you are found less than 50% at fault for your injuries, you can recover damages—but your award is reduced by your percentage of fault.

If you are 50% or more at fault, you recover nothing.

How This Impacts Helmet and Eye Protection Decisions

Even though Colorado doesn’t require helmets for adults, insurance companies will argue that your choice not to wear one makes you partially responsible for your injuries. This is the “failure to mitigate damages” defense.

Example: You’re rear-ended at a stoplight. The other driver is clearly at fault for the collision. But you weren’t wearing a helmet, and you sustained a traumatic brain injury. The defense argues you’re 40% responsible for the severity of your injuries. Your $500,000 verdict is reduced to $300,000.

This is why we say: It’s more than money. It’s about knowing how the law protects your rights before you need them.

We don’t just tell you to wear a helmet because it’s safe. We tell you because we’ve seen insurance adjusters try to cut a family’s settlement in half by arguing the rider “failed to mitigate damages.” We fight those arguments, but knowing the law helps you avoid them entirely.

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Licensing Requirements: The Class M Endorsement

To legally operate a motorcycle in Colorado, you must hold a valid driver’s license with a Class M endorsement. This endorsement requires passing both a written knowledge test and an on-cycle skills test.

Alternatively, you may obtain a motorcycle-only license (Class M without an underlying driver’s license) if you do not intend to operate a standard passenger vehicle.

Why This Matters in a Crash

If you’re involved in an accident while riding without a valid Class M endorsement, you are operating illegally. This can:

• Result in criminal charges (driving without a valid license).
• Provide grounds for the insurance company to deny your claim entirely.
• Be used as evidence of negligence per se in a civil lawsuit.

Even if the other driver caused the crash, your lack of a proper license can be leveraged to reduce your recovery or shift liability onto you.

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