Does Not Wearing Protective Gear Affect Your Texas Motorcycle Claim?

Tips provided by Haney Paschal & Romoser about no protective gear

As reported on the State of Texas Open Data Portal, there were 581 fatal motorcycle accidents in 2024. There were also 2,530 motorcycle accidents with serious injuries. After a motorcycle accident, the top concerns for victims are the severity of their injuries and how these injuries impact their lives. Paying for the associated medical costs is the next top concern.

Texas helmet laws are an even greater concern, and how they may affect the rider’s claim is the primary objective. A major misconception is that if the rider wasn’t wearing a helmet, they can’t win a motorcycle accident claim. However, this isn’t true. These claims are fact-specific, and the court looks at the case as a whole. The rider isn’t immediately to blame simply because they weren’t wearing a helmet. Motorcycle accident lawyers offer sound advice after an accident and can provide guidance about these laws. Let’s review how helmet laws do or do not affect your Texas Motorcycle accident claim.

What Counts as “Protective Gear” for Motorcyclists?

Riders wear protective gear to mitigate injuries when on the road. Protective gear includes helmets, jackets, gloves, boots, and protective pants. This gear can protect their body against bruising and road rash. Helmets protect the head and neck from impact-related injuries.

Reflective clothing and visibility gear help other drivers see the riders on the road. Increased visibility improves safety and mitigates accidents. When traveling at night, reflective clothing helps other drivers spot riders and maintain a safer distance while driving near the motorcycle. It can ensure that they can make turns and merge into traffic without causing a collision.

When it comes to protective gear, there’s a major difference between recommended safety gear and legally required gear. Recommendations are simply suggestions that can improve safety. If a rider doesn’t wear legally required gear, they face traffic infractions and fines.

For example, riders under 21 are required to wear a helmet. The fines for these riders not wearing legally required gear range between $50 and $500. Understanding the difference can help you with a personal injury claim, especially where comparative fault might be an issue.

Texas Motorcycle Helmet Laws: What the Law Requires

Under Texas state helmet laws, all drivers under 21 must wear a USDOT-approved helmet when riding a motorcycle. If the rider is over 21, a motorcycle helmet exemption applies. However, the Transportation Code State Statute 661.004 specifies that these riders must complete a Texas Department of Public Safety-approved motorcycle operator training course. They must also maintain $10,000 in healthcare insurance coverage and carry proof of coverage at all times.

The rider’s choice not to wear a helmet doesn’t automatically eliminate their right to compensation. The legalities surrounding the case don’t immediately mean they won’t get anything to pay their medical expenses, replace their motorcycle, or replace lost wages. The court will hear all the facts of the case before rendering a decision. They won’t automatically assume the rider is to blame simply because they weren’t wearing a helmet.

Does Not Wearing Protective Gear Automatically Reduce Compensation?

No, not automatically. Texas courts follow a fault-based system, including modified comparative negligence principles. The state isn’t classified as a no-fault state, so riders must pursue a claim against the at-fault party.

When determining liability, the court starts with negligence and the duty of care. They’ll determine if the defendant owed the rider a duty and breached it, causing the motorcycle accident. For example, did the driver fail to yield the right-of-way, or did they not use their turn signal?

Next, they analyze the evidence. Law enforcement and investigators review traffic camera and surveillance camera footage. They analyze dashcam videos and eyewitness statements, and examine skid marks and other road markings. Sometimes, experts come to court to reconstruct the accident. These reconstructions show how the accident happened and who caused it. Motorcycle wreck attorneys can walk you through an accident reconstruction and provide guidance.

The court evaluates damages based on two categories: economic and non-economic. Medical expense calculations reflect all emergency room costs, surgeries, long-term care, rehabilitation, physical therapy, and any medical treatment related to the rider’s injuries.

Next, they consider earning capacity and lost wages. If the rider missed work and wasn’t paid, the court adds up these losses. If the rider was severely injured, their injuries could affect their future earning capacity.

Property damage is considered, and the court uses motorcycle valuations to determine how much the rider may receive to repair or replace their motorcycle. These economic damages are just the beginning of the evaluation of damages.

Pain and suffering and punitive damages are non-economic, which aren’t a direct financial loss. However, the physical or mental pain of the rider is considered. If they lose enjoyment of life because of their injuries, they may recover these damages.

Punitive damages come from gross negligence claims. For example, the rider may receive punitive damages after a drunk driver caused an accident. Exemplary damages may be awarded because the liable driver committed a crime, resulting in injuries. Motorcycle crash attorneys can evaluate your case and tell you if punitive damages are possible.

In Texas, the cause of the accident matters more than clothing choices. The cause determines what damages apply, how the court investigates the claim, and who is ultimately deemed liable.

How Comparative Negligence Works in Texas

The Texas State Statute 33.001 covers modified comparative negligence. Essentially, if you are at fault by 50% or less, you can be awarded compensation. However, each infraction equates to a predetermined percentage. Each applied percentage reduces your damages. On the contrary, the 51% bar rule cuts you off from any compensation. You won’t recover any damages if you are 51% or more to blame.

A motorcycle crash lawyer will tell you that insurance companies can and will use unfair blame-shifting tactics against riders. For example, they may argue that the rider was riding recklessly, speeding, or lane-splitting. They use these strategies to discredit the rider and prevent an award. They’ll argue that the rider placed themselves in harm’s way or exacerbated their injuries by not wearing a helmet.

However, it is imperative to distinguish the difference between causing an accident and worsening injuries. The choice not to wear a helmet isn’t the automatic cause of the accident. It is, however, a potential cause for more severe injuries. A rider isn’t automatically at fault or loses their right to compensation just because they weren’t wearing a helmet. Motorcycle accident attorneys can explain these differences more thoroughly.

Motorcycle wreck lawyers

How Insurance Companies Use Lack of Gear Against Riders

On a hot summer day, a rider may choose not to wear a helmet or even wear shorts. After an accident, an insurance company may claim the rider is at fault because of these choices.

They could claim they injured their legs because they weren’t wearing thicker or more protective clothing. They’ll blame the rider’s head or neck injury on the lack of head protection. Insurers will use any argument to blame the rider for the severity of their injuries. They’ll do everything possible to shift the blame.

After an accident, riders must be careful what they say to anyone other than their motorcycle wreck lawyers. They should hire a lawyer to get photos of their injuries, their motorcycle, and the roadway. Photos and witness statements determine the course of a claim and could prove or disprove the rider’s claim.

After an accident, it’s important that the rider doesn’t accept blame prematurely. An attorney can protect the rider against immediate blame assignment. They can help the rider navigate through questions from law enforcement and insurers that could negatively impact their personal injury case.

Injury Type Matters: Gear vs. Crash Cause

Injury type matters, and it’s paramount for riders to understand injuries caused by a lack of protection and those caused by the crash. Insurers and the court review these injuries. A motorcycle accident claim lawyer can explain how the differences may impact the claim.

Medical documentation for these injuries paints a picture of what happens. For example, broken bones, internal injuries, and impact trauma are injuries unrelated to protective gear. Road rash and head or neck injuries are often related to a lack of protective gear. The rider must secure medical documentation to show whether their lack of protective gear caused their injuries.

Can You Still Win a Texas Motorcycle Claim Without Protective Gear?

Yes, under the right circumstances. The objective is to separate the crash causation from the injuries.

Strong claims that motorcycle accident claim attorneys can use include:

• The inevitability of the injury: The attorney could claim that the impact of the wreck would’ve caused a traumatic brain injury despite adequate head protection.
• The irrelevance of the helmet: The attorney could redirect the focus to injuries unrelated to the head. For example, if the rider sustained broken bones or organ damage that weren’t caused by a lack of head protection, the attorney redirects the focus to these injuries instead.
• The driver was negligent: The attorney could argue that the driver’s traffic violation, such as speeding, illegal turn, or running a red light, caused the accident and consequently the rider’s injuries.
• The Driver’s Failure to Comply: They could argue that the driver’s non-compliance caused the crash; therefore, it doesn’t matter if not wearing the helmet made the rider’s injuries worse.

The rider’s attorney must secure strong evidence to substantiate these claims. Strong evidence can include witness statements and video footage. Physical evidence at the scene of the accident could show high-impact force during the wreck. Securing an expert witness to reconstruct the accident can provide evidence of the rider’s allegations.

Steps to Protect Your Claim After a Motorcycle Accident

Motorcycle riders should follow a few steps to protect their claim after a motorcycle accident.

These steps include:

• Call 911 and get immediate medical care.
• Secure documentation of the rider’s injuries and the accident scene.
• Do not make any statements to law enforcement, insurers, or anyone without an attorney.
• Preserve damaged gear and the motorcycle.
• Contact an experienced Texas motorcycle accident attorney.

How Legal Guidance Can Make a Difference

Motorcycle accident attorneys can build a credible evidence-supported claim that refutes the insurance company’s arguments. They can use expert testimony to reconstruct the entire accident to dispute traffic violations, such as speeding or lane-splitting. Video footage and eyewitness testimony can show the path of the accident and whether either party committed moving violations.

The attorneys can use medical opinions and documentation to substantiate the severity of the rider’s injuries. Medical records can also distinguish between previous conditions and injuries related to the motorcycle crash.

The attorneys will remain focused on the driver’s negligence, roadway conditions, and other events that contributed to the accident. They can also manage communications with the defendant’s attorney or insurer to avoid common mistakes.

Call Haney Paschal & Romoser

Just because you weren’t wearing a helmet doesn’t mean your case is over. Motorcycle accident lawyers know how to help you build a strong case to collect damages for your accident injuries, financial losses, and pain and suffering.

It’s important that you understand your rights under Texas law. If you are over 21, you aren’t legally required to wear a helmet. Even if you were under 21 and didn’t wear a helmet, you still have a fighting chance to collect an award in a personal injury case. If you were injured in a motorcycle crash, speak with a qualified legal professional to review the claim.