Motorcyclists are at a higher risk for serious injury or death than their counterparts when involved in an auto accident. Collisions between motorcycles and cars often lead to severe head trauma, back, or neck injuries, among other serious consequences.
In 2022, the Texas Department of Transportation reported that in motorcycle crashes, someone was killed every 1 hour and 57 minutes, someone was injured every 2 minutes and 9 seconds, and a crash was reported every 57 seconds. Moreover, 562 riders died in fatal crashes, and another 2,422 were seriously injured.
Whether or not a biker is wearing a helmet at the time of a crash does not affect his or her rights to fair treatment and compensation when injured due to another driver’s actions. Understanding the laws and options for help in these situations is important for anyone riding a motorcycle in Texas.
The Stewart Law Firm is dedicated to supporting motorcyclists by offering reliable legal advice and representation. Stephen Stewart is an Austin-based motorcycle accident attorney committed to helping clients ensure they receive the compensation they deserve.
How Helmets Impact Motorcycle Accidents
Motorcycle accidents can be because of different reasons, such as distracted driving, drunk driving, using cellular phones while on the road, and others. This accident can cause various injuries, ranging from minor scrapes to serious, life-changing harm.
Wearing a helmet greatly lowers the chance of getting head injuries like brain trauma, including concussions or skull fractures. Helmets with full face shields can also prevent face injuries. Riders without helmets face a greater risk of serious head injuries, fractures, and spinal damage in accidents. Using a helmet also lessens the likelihood of injuring the head or neck.
However, the situation with motorcycle helmets isn’t always clear-cut when it comes to personal injury claims. While a helmet can lessen the risk of head injury and might support your claim, not wearing one doesn’t automatically stop you from seeking compensation.
Helmet Use in Texas
The state of Texas requires that anyone 20 years of age or younger must wear a helmet when on a motorcycle at all times. For persons 21 years of age or older, helmet use is encouraged but not required if:
The state of Texas mandates that individuals 20 years of age or younger must wear a helmet while riding a motorcycle at all times. For individuals 21 years of age or older, wearing a helmet is recommended but not obligatory, provided that:
- The rider has successfully completed a recognized motorcycle safety course;
- The rider possesses valid health insurance coverage; or
- Riders need only meet one of the above criteria.
Texas law enforcement officials are not permitted to stop a motorcyclist solely to verify if they have health insurance or have completed a safety course. However, they can request evidence of either if a stop is made for a different reason, including a motorcycle accident. In 2022, the Texas Department of Transportation recorded a total of 567 motorcycle-related crashes in Austin.
Relation of Helmets and Comparative Negligence in Texas
In personal injury cases, negligence is a key factor in determining if the injured person also has some responsibility for the accident. In Texas, the rule is “proportional responsibility,” meaning if you’re partly to blame for an accident, the money you receive can be less, depending on your part in causing it.
If you’re in Texas and have a motorcycle accident without wearing a helmet, it might be seen as careless, affecting who’s at fault. If not wearing a helmet made your injuries worse, you might be found partly responsible. This could mean you get less compensation because of what’s known as comparative negligence.
For example, if you’re in a crash while not wearing a helmet and it’s decided that the other driver is mostly to blame, but you’re also a bit responsible because you didn’t wear a helmet, your compensation might be reduced by your percentage of fault in the accident.
Important Steps If a Motorcycle Accident Occurs in Texas
Recent figures from the Texas Department of Transportation indicate that 39% of motorcycle fatalities in 2022 occurred among motorcyclists who were not wearing helmets at the time of the accident. Texas motorcyclists should be aware of safety precautions and the proper steps to take when an accident does occur. As with any vehicular accident, the first priority is securing medical help as needed for any injured party or parties. Motorcyclists should also make it a point to gather all information from other involved drivers, including insurance details and driver’s license numbers.
Taking photos with a camera or cell phone and collecting contact information from witnesses are also highly important steps when possible and safe. Seeking advice from an Austin personal injury attorney is a wise measure to undertake following a motorcycle accident. Ensuring proper legal help in these situations can be the best way to know that full and just compensation is possible. The Stewart Law Firm offers 24/7 free consultations.
How to Seek Compensation After an Accident Without a Helmet in Austin
Collecting and saving evidence is a key step in securing compensation following a motorcycle accident in Austin, Texas.
- Get the police report
- Take pictures of the accident site and injuries
- Gathering witness contacts to prove the other driver’s fault and your injuries’ extent, regardless of helmet use
- Immediately seek medical treatment to ensure your health and provide vital evidence of your injuries for your insurance claim
- Understand the policy details when dealing with your insurance company as they affect the compensation for injuries.
Wearing a helmet reduces injury risk and may positively influence your claim by showing responsible behavior.
Collecting and saving evidence is a key step in securing compensation following a motorcycle accident in Austin, Texas. Below are steps you can follow:
How Will A Lawyer in Austin Help With Your Motorcycle Accident Claim?
Talking to your insurance company can be tough, especially if you aren’t wearing a helmet. They might say not wearing one made your injuries worse, which could affect how much compensation you get.
Getting a lawyer who knows how to handle accident claims and answer your queries and concerns can assist you in getting a fair deal. A skilled motorcycle accident lawyer can work with your insurance, deal with the tricky parts of the law, and make sure your case is presented strongly.
Contact The Stewart Law Firm Today
To get the justice you deserve, speaking with an experienced lawyer who understands the law and can strongly advocate for you is important. Contact our Austin Personal Injury Attorney at The Stewart Law Firm or call (512) 326-3200 to arrange an initial consultation for your case.
