Motorcyclist holds helmet. | Patrick Daniel Law

Can I Still File a Claim After a Motorcycle Accident Without a Helmet in Texas?

Generally speaking, whether or not you were wearing a helmet has nothing to do with how or why an accident took place. As such, Texas law does not prevent you from filing a personal injury claim simply because you weren’t wearing a helmet.

Instead, fault will be determined based on factors such as:

Traffic law violations
Failure to yield
Negligent actions (e.g., distracted driving, driving under the influence, reckless driving)

If the other driver’s negligence is what caused the accident, and it resulted in injuries and other damages, then it is well within your rights to pursue compensation from them.

Texas Helmet Laws

According to Texas helmet laws, all motorcycle operators and passengers under the age of 21 are required to wear helmets that meet federal safety standards.

Riders 21 and older, however, are legally allowed to ride without a helmet provided they have completed an approved motorcycle training course or carry the necessary health insurance coverage.

Police officers are not allowed to stop a rider solely to check compliance with Texas helmet laws, which helps reduce unnecessary traffic stops. However, this doesn’t mean that riding without a helmet is irrelevant to an accident claim.

Does Not Wearing a Helmet Affect My Motorcycle Accident Settlement?

While riding without a helmet may not cause an accident, it can contribute to the damages a motorcycle rider faces. Therefore, failing to wear a helmet can have a significant impact on accident claims and settlements.

Insurance companies may claim that a rider’s failure to wear a helmet increased the extent of their injuries, such as traumatic brain injury or spinal cord damage. They use that argument to contend the rider should be assigned a percentage of fault and reduce the amount of compensation they owe.

In Texas, this is governed by the state’s modified comparative fault rule. If you’re found partially responsible, your compensation is reduced by your percentage of fault. And if you’re found more than 50% at fault, you can’t recover damages at all.

For example, if a motorcycle rider is facing $200,000 in medical bills and the insurer argues that not wearing a helmet significantly worsened the injuries, the insurer may claim the rider is, say, 30% at fault for the severity of the harm. In that scenario, the rider’s recovery would be reduced by 30%, to $140,000.

This is why talking with a lawyer is so important. A Texas motorcycle accident attorney can build a case focused on countering unsupported assumptions with medical evidence and authoritative crash injury research. You never want to accept the insurance company’s argument at face value, but instead build your own case based on evidence.

What if the Other Driver Was Clearly Responsible for the Crash?

Strong evidence supporting the other driver’s liability is always helpful when pursuing compensation. If you have evidence that clearly shows fault (e.g., police report, dashcam footage, eyewitness testimony), it will help your claim for compensation.

This does not necessarily mean that failing to wear a helmet is irrelevant. Instead, the question will be whether or not wearing a helmet would have meaningfully changed the outcome of the accident, especially the severity of your injuries.

How Insurance Companies Use Helmet Non-Use Against Riders

Insurance companies are for-profit entities that will do whatever they can to limit the amount of compensation they have to pay out.

In the case of a motorcycle accident without a helmet in Texas, they will push proportionate responsibility, even if injuries are unrelated to the head or face, such as:

Fractures
Road rash
Burn injuries
Internal injuries
And more

They may attempt to use generalized data that suggests helmet use can reduce injury severity, without properly considering the unique factors of your specific accident. The best thing you can do is refrain from making any statements that could later be distorted to weaken your claim and consult with an experienced motorcycle accident law firm.

What Should I Do if I Was in a Motorcycle Crash Without a Helmet?

If you were in a motorcycle accident without a helmet in Texas, the steps you take following the crash are extremely important for both your health and your accident claim.

We recommend prioritizing the following:

Seek Medical Attention as Soon as Possible: Motorcycle accidents can lead to catastrophic injuries, some of which may not appear as serious as they are initially. Receiving medical attention ensures you are properly diagnosed and treated while also providing important documentation for your injuries.
Obtain a Copy of the Police Report & Gather Evidence: Collecting key evidence helps paint a clear picture of how the other driver’s negligence caused the crash.
Avoid Making Official/Recorded Statements & Contact a Lawyer: Once the insurer is aware of the accident and potential claim, they may contact you and attempt to minimize their responsibility. It’s best to avoid these conversations until you’ve discussed your case with a Texas motorcycle accident lawyer.

When Should I Call a Houston Motorcycle Accident Lawyer?

Ideally, you should call a lawyer as soon as possible. It may seem overwhelming, but they can actually relieve some of the pressure on you. While you are healing, an attorney can do the following:

Preserve and document evidence through a thorough investigation
Communicate with insurance companies on your behalf so your rights are protected
Determine the best strategy for recovering compensation to avoid missteps

Unfortunately, many injured motorcyclists trust the insurance company’s process and don’t realize they need legal representation until it’s too late to protect their claims. You owe it to yourself to explore all options for compensation, and a lawyer can help make sure you do just that.

Contact Patrick Daniel Law Today for a FREE Case Evaluation

If you are facing significant damages after a motorcycle accident without a helmet in Texas, it’s normal to be frustrated and confused by the process. The insurance company may claim that your rights are limited because you didn’t have a helmet on, but that’s not necessarily true.

Can Not Wearing a Helmet Hurt My Motorcycle Accident Case in Texas?