Can I Win a Motorcycle Accident Case If I was Not Wearing a Helmet?
Texas Law Regarding Helmet Use
In Texas, not everyone must wear a helmet by law. Everyone must wear a helmet if they are under 21. Those older than 21 may legally operate a motorcycle without a helmet only if they have:
- proof of medical insurance that will cover them if an accident occurs; and
- proof they completed a motorcycle training course.
Even though helmets may not always be required, failing to wear a helmet can affect your personal injury claim, depending on your injury.
How Not Having a Helmet May Affect Compensation?
Texas is a comparative responsibility state. That means that everybody’s actions are examined, and the fault is apportioned based upon a reasonable person standard. If your conduct contributed to the cause of an accident, you could be barred from receiving damages or have your damages reduced depending on your fault.
And if your actions contributed to the injury, your damages may also be reduced or eliminated.
If your injuries were such that a helmet would have made no difference, then not having a helmet on probably will not impact your claim. However, if you received a head injury, a judge may allow a jury to determine whether not having a helmet on contributed to your injuries or made them worse, and if not wearing a helmet was reasonable.
Talk with a Top-Rated Motorcycle Accident Attorney
Speak a motorcycle accident lawyer at Baumgartner Law Firm with any questions about a motorcycle accident case. We have been helping Texans injured in motorcycle accidents for over three decades. Our track record is exemplary.
We never charge for an initial consultation, so call us at 281-587-1111