Head injuries are common in motorcycle crashes, which is why many states require riders and passengers to wear helmets. Is Texas one of those states? A San Antonio, Texas motorcycle accident lawyer can tell you more about the state’s motorcycle helmet laws and how you can still pursue damages even if you were not wearing a helmet at the time of the crash.
Did Texas Have a Universal Motorcycle Helmet Law?
Texas used to have a universal motorcycle helmet law, but it was repealed nearly 20 years ago. This means that not everyone needs to wear a helmet on Texas roads. However, if you want to take advantage of this exemption you are going to have to do some work and wait until you reach a certain age.
Who Needs to Wear a Motorcycle Helmet in Texas?
If you are driving a motorcycle on Texas roads, you must wear a motorcycle helmet if:
- You are under the age of 21
- You are not covered by a health insurance plan
- You have not completed a safety course
This means that if you are old enough and have completed a safety course, you can drive without a helmet. You must also carry health insurance, whether it’s an employer-sponsored plan or one that you have purchased on the individual market. Your health insurance must cover motorcycle accidents and it should say something like “Motorcycle Health” on your insurance card.
Can Wearing or Not Wearing a Helmet Affect My Case?
You are not legally forced to wear a motorcycle helmet, but a jury could still think that your choice to not use one was negligent. If you sue for personal injury, your awards could be reduced if you are seen as negligent or at fault.
Texas has a modified comparative negligence statute. This means that you can sue as long as you are not seen as more negligent than the defendant. If the other person is primarily to blame for the crash, you may still be seen as partly responsible for your own injuries because you did not adequately protect yourself.
This will reduce how much you receive in compensation. Let’s say that the jury awards you $500,000. They also decide that you were 25% responsible for your own injuries because you did not wear a helmet. Even though the law does not force you to wear a helmet, this verdict would mean that you only collect 75% of your total damages. You would get $375,000 instead of the original award of $500,000.
Schedule Your Free Consultation
If you are thinking about suing for damages after a motorcycle crash, contact Sahadi Legal Group. We can offer a free case consultation and we would be happy to tell you more about our lawyers can do to be of assistance.
