How Not Wearing a Helmet May Hurt Your Motorcycle Collision Claim
Nov 4, 2019
Texas has more lax motorcycle helmet laws than some other states. While there are some regulations and rules you must still follow, it is possible for you to legally operate a motorcycle without a helmet.
Even though you are allowed to ride without a helmet, there are a multitude of reasons why you shouldn’t. Safety reasons aside, if you are injured in a motorcycle collision – even if it is another driver’s fault – you may find that your personal injury compensation will drop as a result of you not wearing a helmet.
Comparative Negligence in Texas
Texas adjusts your eligible personal injury compensation based on the fault of each side in an collision. This is called comparative negligence.
To start, you are typically only able to receive compensation when you are less than 51 percent “at fault” for the collision. But even if the judge or jury determines that you are only 20 percent at fault for the collision, you will see your personal injury reward drop by a proportion relative to that fault.
If you are not wearing a helmet at the time of the collision, the judge or jury may conclude that you are partially to blame for your injuries. This is especially true if you sustained serious head injuries that could have been prevented by a motorcycle helmet. A major component of your case will be minimizing your perceived fault before the court.
Dealing with the Aftermath
The best solution to maximize your compensation in the event of a motorcycle collision is to always wear your helmet. This will help ensure you receive a full and fair recovery.
If you do get into a collision while not wearing a helmet, it is best to seek experienced counsel for your case. Not only will you need an attorney to evaluate the full damages of the collision and vigorously advocate in the courtroom, but you will need an attorney who understands how to minimize your fault and hold the other driver accountable for their wrongdoing.