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How does not wearing a helmet affect motorcycle accident claims?

On Behalf of | Jan 6, 2025 | Motorcycle accidents

Texas law allows motorcyclists over 21 to ride without a helmet under certain conditions. 

However, choosing not to wear a helmet during an accident can have serious legal and financial consequences.

Texas helmet laws

Motorcyclists aged 21 or older can legally ride without a helmet if they meet specific requirements. These include completing an approved motorcycle safety course or having health insurance coverage that meets state standards. Riders under 21 must wear a helmet at all times.

Comparative negligence in Texas

Texas follows a comparative negligence system. This means that if you are partially at fault for your injuries, your compensation may be reduced. Not wearing a helmet could contribute to the severity of your injuries, even if the other party caused the accident. For example, if a court finds you 20% responsible due to not wearing a helmet, your compensation will be reduced by 20%.

Impact on injury claims

Failing to wear a helmet can affect personal injury claims, especially if there are head or neck injuries. Insurance companies may argue that wearing a helmet could have lessened the severity of your injuries. This can complicate negotiations and potentially reduce the amount you recover.

Exceptions to liability

While not wearing a helmet can impact a case, it does not automatically prevent you from recovering damages. If the other party’s negligence caused the accident, they are still responsible for your injuries. However, the lack of a helmet may influence the final compensation awarded.

Staying safe and informed

Wearing a helmet protects riders from severe injuries and strengthens personal injury claims in case of an accident. Understanding Texas helmet laws and how they relate to legal responsibilities helps motorcyclists make safer and more informed choices.