What Happens if You Get Into a Motorcycle Accident and Are Not Wearing a Helmet in Texas?

Motorcycle riding can be a fun, freeing way to enjoy Texas’s warm weather and beautiful scenery. However, before getting on your motorcycle, it’s essential to know the state laws regarding helmets and other safety measures. While helmets may feel unnecessary or restricting, they can protect your head in case of an accident. Furthermore, Texas requires riders to wear helmets in several circumstances. If you suffered injuries in a motorcycle accident due to someone else’s negligence but were not wearing a helmet, you may still recover damages.

Our experienced lawyers at Mott & Moffett can help you fight for your rights and achieve compensation for your losses. We allow you to focus on recovery by handling all aspects of your claim, including conducting a thorough investigation of the crash and gathering clear evidence demonstrating the at-fault party’s negligence. Our compassionate team listens to your story and communicates with you every step of the way so you understand the full scope of your claim and legal options.

Texas Motorcycle Helmet Laws

With 2,318 motorcyclists injured in Texas accidents in 2021, wearing a helmet while riding is crucial for riders to protect themselves. While they can help reduce the risk of traumatic brain injuries, Texas law does not require every biker to wear them. According to Texas Transportation Code Sec. 661, anyone under 21 must wear a helmet when riding a motorcycle. 

If you are over 21, you must wear a helmet when riding a motorcycle unless you can prove one of the following:

  • You completed an approved motorcycle training course.
  • You have at least $10,000 in medical insurance to cover potential accident injuries.

Regardless of age, training course completions, and insurance coverage, the state encourages all bikers to wear helmets. Not only can wearing a helmet protect you from severe brain injuries, but it can also help strengthen your claim if you get into an accident.

Can You Recover Damages After a Motorcycle Accident if You Weren’t Wearing a Helmet?

If you suffered injuries in a motorcycle accident through no fault of your own but not wearing a helmet, you may wonder if you can still receive compensation for your losses. Fortunately, you may still recover damages thanks to Texas’ comparative negligence system. This means each party involved in an accident receives a percentage of the fault. This percentage gets deducted from their respective damages. For example, if you were 15% at fault for the accident, your compensation would be reduced by 15%. 

However, if you were not required to wear a helmet per Texas law or if not wearing a helmet did not contribute to the accident’s cause, you may still be able to receive full compensation. Unfortunately, insurance companies may use the fact that you were not wearing a helmet to undermine your claim and give you a lowball offer. We understand these tactics and fight tirelessly to prove you had the required training or appropriate coverage or that your not wearing a helmet did not contribute to the accident. 

Consult a Knowledgeable Texas Motorcycle Accident Lawyer at Mott & Moffett

Motorcycle accident injuries can impact every aspect of your life, especially if you were not wearing a helmet when the crash occurred. If you suffered injuries due to someone else’s negligence but did not wear a helmet, you may still receive compensation. Our Mott & Moffett lawyers can conduct a thorough investigation of your claim to ensure you get treated fairly.

With years of experience providing unmatched legal services to Texas motorcycle accident victims, you can trust us to handle your claim with the utmost care and attention. Our skilled lawyers work closely with you to develop a personalized legal plan based on your unique needs and circumstances, giving you the best chance of achieving a successful outcome. To schedule a consultation today, fill out our contact form or call (888) 596-6582.


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