A. No, there is no law as of yet that requires a cyclist to wear a helmet or other protective clothing when cycling. Since a helmet could possible save your life or reduce the severity of a head injury, it is strongly recommended that you wear one. Although I have not seen it argued in court, the failure to wear a helmet might be considered a failure to mitigate damages. All injured Plaintiffs have a responsibility to minimize their damages. For example, in an auto accident the failure to wear a seatbelt is something a jury may consider in reducing the amount of pain and suffering damages it awards. I believe that the same reduction would be taken (with or without a jury instruction allowing it) by a jury in a case involving head injury to a cyclist not wearing a helmet. Bottom line – wear a helmet and make sure your kids do too.
Home > Q: Does Colorado law require me to wear a helmet when riding on the road?