Does Wearing a Helmet Affect Compensation?
Texas offers wide open spaces, making it a great place for motorcyclists to ride in freedom. However, with this freedom comes responsibility, so you still need to obey traffic laws.
Helmets are proven to save lives. However, not every motorcycle rider in Texas is required to wear one. The universal helmet law was repealed in 1997. Today, helmets are only required for riders and passengers under the age of 21 as well as those who have not completed a safety course or have inadequate medical insurance. To meet this requirement, you must have insurance coverage of at least $10,000 for injuries sustained in a motorcycle accident.
This law is intended to protect riders from severe head injuries in the event of a crash. Helmets are approximately 37% effective in preventing motorcycle fatalities and about 67% effective in preventing brain injuries. This means wearing a helmet can significantly improve your chances of surviving a serious crash.
However, if you meet the requirements to be exempt from helmet use, you do not have to wear a helmet. You will not get fined for not wearing one. Still, you should for safety reasons as well as to protect yourself legally in the event of an accident.
Will Not Wearing a Helmet Affect my Accident Claim?
While Texas law allows you to avoid wearing a motorcycle helmet if you are exempt, that only protects you from being fined. Not having a helmet means no physical protection as well as no legal protections.
Even though you were technically obeying the law, not wearing a helmet could negatively impact your motorcycle accident claim. In Texas, not wearing a helmet may be considered negligent behavior. This can impact who is determined to be at fault in a motorcycle accident claim. An insurance adjuster may claim that your injuries were worse because you weren’t wearing a helmet. This could be used as a defense against full liability for certain injuries. Because you did not wear a helmet, you may be assigned a percentage of fault. This may reduce the amount of compensation you are awarded, as your recovery could be limited by contributory negligence.
You can still file a personal injury claim if you weren’t wearing a helmet. You can also gather evidence from the accident scene to help support your claim. However, you should also consult with a lawyer to understand how your case may be affected.
Contact a Personal Injury Lawyer
While a motorcycle helmet is not required if you are over the age of 21, not wearing one can still impact your rights to compensation in the event of an accident. Not wearing a helmet can also impact your safety.
A Houston motorcycle accident attorney from The West Law Office, PLLC can help you understand the process after a crash. We’ll make sure you get what you are entitled to receive.
Schedule a consultation today by calling 281-347-3247 or filling out the online form.
Source:
ghsa.org/node/4841
