At Bowman Law, our motorcycle accident lawyers have witnessed firsthand the devastation caused by a serious motorcycle accident. We understand that a motorcycle leaves riders vulnerable to serious injuries in the event of a car versus motorcycle accident. We also understand Colorado drivers often fail to see motorcycle riders on the road. Against this backdrop, we drafted this article to provide helpful information on Colorado motorcycle laws, safety, and the types of insurance coverage accessible to motorcyclists following an accident.
Motorcycling in Colorado offers an unparalleled sense of freedom, with breathtaking scenic routes and open highways. However, with that freedom comes a unique set of responsibilities and legal requirements every rider must understand. Unfortunately, motorcycle riders continue to be disproportionately overrepresented in fatal traffic accidents. According to the Colorado Department of Transportation, motorcycles represent 3% of vehicles on the road, yet account for 20% of traffic accident deaths.
Unfortunately, there are many events that could cause a motorcycle rider to crash, ranging from small bumps in the road to full speed disasters and construction zones. A recent fact sheet published by the U.S. Department of Transportation’s National Highway Traffic Safety Administration reported on accident data for motorcyclists. Some alarming findings included the following:
Riding a motorcycle comes with greater risks than driving a motor vehicle due to the lack of safety features, such as steel, airbags, and seatbelts. Simply put, riders are more vulnerable, which underscores the responsibility that every rider must assume for their own safety.
Colorado’s motorcycle laws are designed to ensure the safety of both motorcyclists and other road users, addressing everything from helmet use to lane-splitting practices. Whether you are a seasoned rider or new to motorcycling in Colorado, staying informed about the laws is essential to protect yourself legally and physically. This section will guide you through the key aspects of Colorado’s motorcycle regulations, helping you ride confidently and within the bounds of the law. In general, motorcyclists are bound by the same Colorado traffic laws as all other motorists. However, there are several requirements and laws unique to motorcycle riders in the state of Colorado.
To legally operate a motorcycle in the state of Colorado, individuals must hold a valid Colorado driver license as well as a motorcycle endorsement. A Colorado motorcycle endorsement can be added to a driver license by one of two ways:
It should be noted that individuals cannot add a motorcycle endorsement by mail, online or by phone. You must schedule an appointment at a DMV driver license office and add a motorcycle endorsement.
In Colorado, there are two types of motorcycle endorsements. After obtaining your endorsement, your driver license will be marked by either letter:
One caveat to obtaining a motorcycle endorsement deals with age. Under Colorado law, minors under the age of 18 must purchase and maintain a motorcycle instruction permit for 12 months before the endorsement will be added to their license. Moreover, if you are under 18, you must have parental consent and complete an approved Basic Rider Course (BRC) to obtain a motorcycle endorsement. Supervision from a Motorcycle Safety Foundation instructor is required for riders under the age of 16 when operating a motorcycle.
Motorcycle riders in Colorado must register their motorcycle with the DMV and display a valid license plate or temporary tags.
Similar to mandatory automobile insurance requirements, if you own and operate a motorcycle in Colorado, you are required to carry liability insurance coverage. The mandatory and minimum coverage includes:
Unlike automobile insurance, Colorado law does not mandate that insurers offer motorcyclists underinsured motorist coverage or medical payments coverage.
Given these limitations and the propensity for insurers to curb coverages on motorcycle policies, it is extremely important motorcyclists carry adequate insurance. As an example, motorcyclists sustaining devastating injury with no underinsured motorist coverage may be limited to the at-fault driver’s liability coverage. This will severely impact a motorcyclist’s recovery for damages if the at fault driver carries minimum coverage, or even worse, is uninsured.
Motorcyclists can protect themselves against limits issues by purchasing uninsured and/or underinsured motorist coverage. Additionally, if a motorcyclist carries these types of coverages on a separate automobile policy, the coverage may be accessible for bodily injury claims. However, each insurance policy is distinct and may contain exclusions. It is important to consult with a Motorcycle Accident Attorney to ensure that all applicable coverages are located and investigated.
Motorcycle riders must ensure their motorcycle meets all applicable safety and equipment standards outlined by Colorado law, including proper functioning lights, mirrors, tires with adequate tread depth, brakes in working condition, and a properly mounted license plate. Per CDOT’s motorcycle safety page, goggles or eyeglasses with lenses made from safety glass or plastic is an acceptable form of eye protection required while riding. However, the best form of eye protection is a visor on a helmet.
Shockingly, use of a helmet is not a safety requirement under Colorado law unless the operator or passenger is under the age of 18. Motorcyclists or passengers under the age of 18 are required to wear CDOT-approved helmets. While a helmet can certainly act as a form of eye protection, the primary and obvious function is head protection and risk mitigation. While it may come as no surprise that helmets can save lives, what is less known is how lack of this protective device can have negative consequences for a personal injury claim. Clearly, this has major implications when seeking maximum compensation for motorcycle injury victims.
Recently, a law went into effect that allows motorcyclists to overtake or pass motor vehicles between two lanes of vehicles. This is known as lane filtering which is when a motorcyclist travels between stationary vehicles. Contrarily and not permitted under the amendment is lane splitting. This is when a motorcyclist passes between moving vehicles. Accordingly, the measure, backed by various data studies, aims to decrease traffic congestion and collisions. A number of states allow some form of lane filtering or splitting, and other states are considering similar approaches.
Another Colorado traffic law specific to motorcycles deals with clinging to other vehicles. Under C.R.S. 42-4-1504, a person riding a motorcycle cannot attach himself, herself, or the motorcycle to any other vehicle on a roadway. This includes towing a motorcycle by another automobile. Violation of this law will result in a class A traffic infraction.
Riding a motorcycle is a very dangerous task. Riders should always remember to look at the wheels of the vehicle and not the vehicle itself. Should the rider need to take evasive actions, they will need to know the best route to escape danger.
A motorcyclist’s best chance of survival comes from shedding as much speed as possible prior to the impact. Losing 10 to 20 miles per hour could be the difference between surviving and dying. The single best way to avoid becoming the next motorcycle statistic is to pay attention while operating their bike. Many motorcycle crashes can be avoided by constant vigilance and education about the safest way to ride.
With practice and following the posted traffic rules, you will be ready to tackle the western slope and enjoy the scenic views.
While there may be an infinite number of ways for motorcyclists to be involved in an accident, we have outlined some of the more frequent occurrences we tend to encounter.
Low speed, minor injury situations happen often. A patch of gravel or a sharp turn can result in a minor accident for even the most experienced rider. Unfortunately, some inexperienced riders may not recognize these perils or appreciate how to navigate around them safely. All riders should take a motorcycle riding course to understand the conditions surrounding the activity and proper technique for handling these situations because minor accidents are very frequent and can happen in a moment’s notice.
When riders approach a blind corner, the chances of getting into an accident increase. In these types of situations, “Slow In, Fast Out” is an effective rule of thumb. Experienced riders tend to reduce speeds going into a blind corner, and subsequently speed back up on the way out, once they can see all the way through. Another helpful tip is for riders to enter a blind corner wide, effectively increasing their vision.
Oftentimes, riders will meet a patch of gravel, increasing the likelihood of getting into an accident. Trail braking is a slightly more advanced skill that helps reduce this likelihood. The motorcyclist brakes all the way to the apex using the front brake before swapping brake for throttle. Since the bike’s weight is distributed forward, compressing the front suspension and increasing the size of the front tire’s contact patch, the rider can easily apply a little more brake or widen it by letting off. This is a very helpful measure to help avoid obstacles such as gravel.
Another advanced skill, which is controversial in America, is for riders to maximize vision by using the full width of the road, regardless of lanes. Increased vision leads to safer riding. Riders should, however, learn how to operate a biker safely from a trained professional.
This type of accident occurs when a driver turns in front of a motorcyclist at an intersection, most often because the driver failed to spot the bike. The driver’s inability to see the rider may be predicated on inattentiveness, distraction, or even psychology, in that some drivers perceive merely an absence of vehicles and not the presence of a motorcycle. To avoid this type of accident, riders should always recognize signs which could indicate someone may turn. These signs include a vehicle waiting to turn, a gap in traffic, a driveway and parking lot. In addition, riders should slow down, cover their brakes, and be ready to take evasive actions.
This type of accident occurs when a driver suddenly veers into the space a motorcyclist is occupying. The reality is that motorcycles pale in comparison to the size of motor vehicles. They easily fit into blind spots and many drivers looking for vehicles are not psychologically programmed to also spot for motorcycles. To reduce these types of accidents, riders should be aware of where blind spots lie and spend as little time in them as possible. If a rider can see the driver’s eyes in mirrors, they have the ability to see the rider as well.
In addition, riders should become aware of situations where lane changes are more possible. If highway traffic is slowing, for instance, riders should be cognizant that some drivers may switch into a faster-moving lane without warning. Riders should look for signs of a vehicle changing lanes, including turn signals, wheels turning, and the vehicle weaving inside one lane as the driver checks mirrors.
This type of accident occurs when a driver fails to see a rider slowing or stopped ahead, striking the bike from the rear. Riders should be aware of their surroundings. When vehicles are coming from behind, for example, riders can pull in front of a vehicle so as to cushion themselves from any subsequent impacts. If there are no vehicles in front, the rider can stop to the side of the lane, rather than the center of the lane. Riders can also rapidly flash their brake lights.
Motorcyclists should be particularly aware in situations where there is bad visibility or when drunk driving is more prevalent. They should also be more aware in situations when stops are unexpected, such as pedestrian crosswalks on busy streets.
If you have been involved in a motorcycle accident, contact our Colorado motorcycle accident lawyers today at 720.863.6904 or email us for your free consultation. Our lawyers handle a wide range of personal injury cases, including Motor Vehicle Accidents, Bicycle Accidents, Pedestrian Accidents, Slip & Fall Accidents, and Dog Bites & Attacks. We service Arvada, Aurora, Boulder, Broomfield, Castle Rock, Colorado Springs, Denver, Commerce City, Fort Collins, Lakewood, Littleton, Loveland, Pueblo, Thornton, Westminster, Wheat Ridge, and other parts of metropolitan Denver, Colorado.
Owner and Managing Attorney
Jerry Bowman, J.D., M.A., Owner and managing attorney of Bowman Law LLC, takes his responsibility to the legal profession seriously and dedicates his time and effort to providing quality and competent legal representation to clients in Denver and throughout all of Colorado. He holds an MA in Political Science from Wayne State University and earned his law degree in two and a half years from Michigan State University College of Law.
Colorado’s Governmental Immunity Act (“CGIA”) gives state and local governments immunity from lawsuits under certain circumstances. The rationale behind the law was that governmental employees provide essential public services, which ...
Keep Reading
Medical payments coverage (“Med-Pay”) provides coverage for all reasonable medical expenses you and your passengers incur after being injured in a car accident in Colorado, regardless of who caused the ...
Keep Reading
Dashboard cameras (“dash cams”) have become much more popular as prices for the technology continues to decline. In Colorado, dash cams can provide important video evidence of a car accident ...
Keep Reading
Return to All News & Resources
