You may still be able to file a motorcycle accident claim even if you weren’t wearing a helmet. Here is what you need to know about Texas law and how it can impact your motorcycle collision claim in San Antonio.
Texas Helmet Law
Helmet laws are determined by individual states. Some states require all motorcyclists and passengers to wear helmets. Some don’t require helmets at all. Texas falls somewhere in the middle.
Under Texas law, motorcyclists must wear protective headgear that meets minimum safety standards unless they are 21 or older and have completed a motorcycle operator training and safety course or were covered by a health insurance plan specifically providing them with medical benefits for injuries sustained in a motorcycle accident. Law enforcement officers do not have the right to stop unhelmeted motorcyclists to determine if they meet these requirements.
How Helmet Use Affects Personal Injury Claims
The primary cause of motorcycle crashes is at-fault drivers’ actions, not whether the motorist was wearing a helmet or not. As such, the injured motorcyclist might be able to pursue a personal injury claim against the driver.
However, it’s possible that the lack of wearing your helmet could affect the amount of compensation that you recover. This is because Texas also has a modified comparative negligence law. Under this law, accident victims’ compensation is reduced proportionately by their degree of fault. If their negligence is greater than 50%, they cannot recover any compensation.
Suppose that you were riding a motorcycle. The driver behind you was distracted and didn’t notice you stopped at the light. You were wearing a helmet and were ejected from your motorcycle. In this case, the court may find the motorist of the passenger vehicle completely at fault.
However, let’s say you were not wearing a helmet. Although the accident would have still happened because the driver was distracted, maybe you suffered a head injury that could have been prevented if you had been wearing your helmet. The jury may determine that the driver was 80% at fault for your injuries and you were 20% at fault. If you suffered $100,000 in damages, your damages would be reduced proportionately by your degree of fault, which is $20,000 or 20% in this case.
How much your non-use of a helmet will affect your case will depend on the circumstances surrounding your case, the type of injuries you suffered, the reason for the accident, and other factors. Insurance companies may try to exaggerate the effect of helmet use to minimize their financial liability. However, it’s important to keep in mind that you did not cause the accident. You may need a qualified San Antonio personal injury lawyer on your side who can work with medical experts who can clearly explain how the lack of helmet use did not play a major part in your injury.
Contact Us Today for Your Free Case Review
If you were injured in a motorcycle accident due to someone else’s negligence, you need an experienced motorcycle accident lawyer who will work to protect your rights and minimize the role that the lack of helmet use has on your situation. Contact George Salinas Injury Lawyers for a free consultation today.