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Legal Blog

Can I Sue After a Motorcycle Accident If I Wasn’t Wearing a Helmet?

A motorcycle crash often results in injuries far more serious than a typical car accident. Motorcycle wrecks commonly result in broken bones; neck, back and spinal injuries; and harm to internal organs. These crashes can also result in severe head trauma, causing physical damage to the brain that can impact your ability to function normally.

If you were involved in a motorcycle accident, you may be experiencing extreme physical pain and emotional distress. As such, you likely want to seek compensation from the negligent party that caused your injuries. However, you may be concerned whether you can still sue someone else if you were not wearing a helmet at the time of your accident. Texas law requires some riders to wear helmets, but there are exceptions to this rule. Because each accident case is unique, it is important to contact a skilled Houston motorcycle accident attorney for help.

At The Krist Law Firm, P.C., we have decades of experience helping personal injury victims who have incurred harm in motorcycle accidents. To schedule a free, initial consultation of your case, contact us today at (281) 283-8500.

Texas’ Motorcycle Helmet Law

When evaluating motorcycle crashes in the past, Texas law seeks to determine whose negligent actions caused the crash in the first place. Texas courts have determined that whether a motorcycle rider wore a helmet is irrelevant, and cannot be considered by a jury. While the law is clear on this matter, if you were not wearing a helmet while you got into a crash, it may have an impact on both your ability to obtain compensation.

Texas courts have considered the following relevant issues when determining whether the lack of a helmet will affect a motorcycle rider’s situation:

  • The type of damages you suffered
  • Where the accident occurred
  • Your age, and the ages of any passengers
  • Whether you completed a motorcycle operator training and safety course
  • Whether you were covered by an appropriate insurance plan

An analysis of these facts can greatly affect the way that your case will be evaluated. A knowledgeable motorcycle accident attorney will be able to help you use the facts to your advantage, and fight for you to obtain the maximize amount of compensation available.

Who Needs to Wear a Helmet?

Per the Texas Department of Transportation (TxDot), only certain people are required to wear a helmet while on a motorcycle. If you are under the age of 21, you must wear such protection. If you are 21 or older, a helmet is not required if you complete an applicable safety course and ensure you have the proper insurance coverage.

Hurt in a Motorcycle Accident? Call Us Today

The legal issues surrounding motorcycle crashes can be complicated. After such an accident, you may be out of work and have mounting medical bills. Whether the injury you sustained was a minor concussion or something more severe, the Houston motorcycle accidents lawyer at The Krist Law Firm, P.C. can help you during this challenging time. Recovering compensation will be very important for you and your family, and our team of highly-skilled professionals will go after negligent party and fight for what you deserve.

Even if you were not wearing a motorcycle helmet you are still able to file a claim for damages, and an experienced and skilled personal injury lawyer at our firm is prepared to assist with your case. Contact us today at (281) 283-8500 to schedule a free, initial evaluation and learn how we can help.