Texas has lenient helmet laws, including not requiring them for some riders over age 21, but failing to wear a helmet could affect your financial recovery if another driver hits you. The facts of your case play a key role in determining if not wearing a helmet affects the value of your out-of-court settlement or verdict.
Texas Motorcycle Helmet Laws
Texas helmet laws require all riders under the age of 21 to wear a helmet
anytime they ride a motorcycle on the road. Over the age of 21, riders can legally ride without a helmet if they have:
- Proof of medical insurance that will cover them after a motorcycle accident; and
- Proof they completed an approved motorcycle operators training course.
While many adults can legally ride motorcycles in the Lone Star State without a helmet, this does not mean it will not affect your motorcycle accident injury case if another driver hits you. Not wearing a helmet could decrease the damages available to you in an out-of-court settlement or personal injury lawsuit.
Modified Comparative Negligence and Motorcycle Accidents in Texas
Texas has a modified comparative fault auto accident system. This applies to all types of auto accidents, including motorcycle accidents. Under this system, you can only recover damages if you are less than 51 percent at-fault for your motorcycle injuries.
The circumstances of your case and details from your medical records will play a key role in determining if not wearing a helmet contributed to your injuries. In general, the court is much more likely to rule that not wearing a helmet contributed to your injuries if you suffered injuries to your head, neck, or face.
For example, imagine another driver failed to yield while turning left at an intersection and hit you. You suffered two broken legs and a broken hand. While you did not have a helmet on, it is unlikely it would have prevented your injuries. It most likely will not affect your case.
Let D. Miller & Associates, PLLC Handle Your Motorcycle Accident Injury Case
The motorcycle accident injury team from D. Miller & Associates, PLLC will evaluate your case for free and help you understand how not wearing a helmet may affect the outcome. Even if you were not wearing a helmet during your accident, you might still qualify to recover medical bills, lost wages, pain and suffering, and other damages. In Texas, you may be eligible to file a wrongful death lawsuit if your loved one passed away in a fatal motorcycle accident. Let us help you pursue compensation for your losses and expenses.
We handle all personal injury cases on a contingency fee basis, so you pay us no attorney’s fees unless we recover damages in your case.
Call D. Miller & Associates, PLLC today at 713-850-8600 to discuss your Texas motorcycle accident case with a member of our team.