Motorcycle accidents in Friendswood, TX, can come with serious consequences. Compared to vehicle occupants, motorcyclists are 28 times more likely to die and five times more likely to suffer an injury in a crash. However, riders can take certain steps to improve their odds.
Although motorcycle helmet laws in Texas only require some riders to wear helmets, most riders would benefit from their protection. After a crash, your helmet use could also affect your legal rights.
The Law Firm of Alton C. Todd Personal Injury Lawyers can help you pursue an injury claim if you were hurt in a crash. Take a closer look at the rules surrounding motorcycle helmet use in Texas.
Call us today at (281) 992-8633 to schedule a free case review and learn how our Friendswood motorcycle accident lawyers can assist you after an accident.
How The Law Firm of Alton C. Todd Personal Injury Lawyers Can Help After a Motorcycle Accident in Friendswood, TX
Our family-run personal injury law firm has protected accident victims in Friendswood, Texas, for decades. Our founding attorney has over 52 years of experience helping accident victims fight for fair compensation. Since opening our doors, The Law Firm of Alton C. Todd Personal Injury Lawyers has recovered $500 million for injured people like you.
Our Friendswood personal injury attorneys can:
- Evaluate the details of your case during a free consultation
- Prepare an insurance claim using the evidence we gather
- Negotiate with the other driver’s insurer for an insurance payout
- File a lawsuit against the at-fault driver if the insurer refuses to settle fairly
A motorcycle crash can cause severe injuries like head trauma, brain damage, and facial disfigurement. You deserve compensation to help you navigate the aftermath. Contact us to schedule a free consultation to explore your options today.
Texas Motorcycle Helmet Statute
Most Texas motorcyclists believe that the state’s laws simply set a bright-line rule at age 21, requiring younger riders to wear helmets and allowing older riders to ride without them. However, this is an overly simplified interpretation of the state’s laws.
Requirements and Exemptions
Texas’s motorcycle helmet law requires all riders, including operators and passengers, to wear helmets unless they meet specific conditions. These helmets must be approved by the U.S. Department of Transportation (DOT). You can identify a DOT-approved helmet by its label or tag.
You can be exempt from wearing a helmet if you are at least 21 years old and have either completed a motorcycle safety training class or obtained health insurance. Thus, age is not the only criterion for riding without a helmet legally.
Many riders will satisfy the law because Texas only issues original licenses to applicants who have passed a motorcycle safety course. Only riders originally licensed in other states would need to meet the health insurance requirement.
Penalties and Enforcement
A violation of the state helmet law is typically a misdemeanor punishable by a fine of $10 to $50. However, the law is virtually unenforceable because it limits officers’ options when investigating violations. Specifically, officers cannot stop or detain riders solely to determine whether the rider meets the safety course or health insurance requirement.
This means most stops of helmetless riders will only occur if the operator or passenger appears to be under 21. If the rider appears to be over 21, the police can only stop them or issue a helmet citation if they see some other violation, like speeding.
There are several important ways that helmet use can come into play beyond avoiding a citation, however.
Consequences of Violating Helmet Laws in Friendswood
Riding without a helmet is generally considered dangerous. Helmets are up to 41% in preventing passenger head injuries and up to 37% effective in preventing operator head injuries. When you ride without a helmet, you significantly increase your risk of facial trauma, skull fractures, and brain damage.
Generally, a negligent driver is liable for a motorcyclist’s injuries. For example, a driver acts negligently if they hit a motorcycle while distracted by texting.
What Compensation Is Available for Texas Motorcycle Accident Victims?
Texas motorcycle accident victims may be eligible to recover economic damages for medical expenses, lost wages, pain and suffering, and property damage. Additionally, compensation can include non-economic damages, such as for disfigurement, loss of consortium, and loss of quality of life.
A Friendswood motorcycle accident attorney from our firm can help you navigate the legal process and seek fair compensation for your injuries.
Can I Still Recover Compensation If I Am Partially at Fault for a Motorcycle Accident in Texas?
Yes, you may still be able to recover compensation in Texas even if you are partially at fault for a motorcycle accident. Texas follows a modified comparative negligence rule. This means you can recover damages as long as your own negligence is not greater than 50% of the cause of the accident.
If your fault is 50% or less, your compensation can be reduced by your percentage of fault. However, if you are found 51% or more responsible, then you may lose your right to recover compensation in court. In motorcycle accident cases, a driver could argue that the motorcyclist was also negligent in failing to wear a helmet, making the rider at least partially responsible for their injuries.
Our Friendswood personal injury lawyers can help you gather evidence of your damages and disprove any claims of excessive fault against you.
Contact Our Friendswood Motorcycle Accident Lawyers for a Free Consultation Today
A motorcycle accident can leave you with lifelong injuries and significant losses. Whether you were wearing a helmet or not at the time of your crash, it’s important to understand your legal options. The skilled advocates at The Law Firm of Alton C. Todd Personal Injury Lawyers can help.
Contact us for a free consultation with a Friendswood motorcycle accident attorney today.
