Even for a seasoned motorcyclist, riding a motorcycle can be dangerous. There is little to no injury protection offered to motorcyclists involved in accidents. One of the most crucial types of safety gear available is a motorcycle helmet. If you’ve been involved in an accident and are facing injuries, consider speaking with an Austin motorcycle accident lawyer to explore your legal options.
In Texas, the law requires riders who are under 21 years old to wear helmets. However, helmets are strongly encouraged for all motorcycle riders and passengers for safety reasons. You may be able to prevent a devastating or even fatal brain injury by wearing a motorcycle helmet.
Are Motorcycle Helmets Required in Texas?
Motorcycle helmets are a legal requirement for all motorcycle riders and passengers in Texas who are under the age of 21. Motorcyclists under 21 must wear Department-of-Transportation-approved helmets.
Once over the age of 21, motorcyclists can choose to fulfill the requirements that allow them to opt out of wearing a helmet. These are:
- Taking and successfully completing an approved motorcycle operator training and safety course.
- Purchasing health insurance coverage that covers motorcycle accident injuries.
Texas’s motorcycle helmet law is found in Section 661.003 of the Texas Transportation Code. This law states that the protective headgear worn by motorcyclists must meet the safety standards adopted by the Department of Public Safety.
What Are the Penalties for Not Wearing a Motorcycle Helmet in Texas?
Texas’s motorcycle helmet law is subject to secondary enforcement rules, meaning a police officer may not conduct a traffic stop for the sole purpose of determining whether a person who is not wearing a helmet has successfully completed the required safety course or is covered by health insurance. It must be secondary to another alleged infraction, such as speeding. However, if a motorcyclist is caught illegally riding without the required helmet, the penalty is a ticket and a fine of up to $50.
Federal Motorcycle Helmet Safety Standards
In Texas, motorcycle helmets must meet the safety and performance ratings put in place by federal safety organizations; namely, Federal Motor Vehicle Safety Standard (FMVSS) No. 218. This standard establishes minimum performance requirements for motorcycle helmets with the purpose of reducing injuries and deaths to motorcyclists resulting from head injuries.
If you are required to or choose to wear a motorcycle helmet while riding in Texas, make sure you buy one with the seal of approval from the Department of Transportation (DOT). This will guarantee that it is capable of adequately protecting your head, neck and face in an accident. The helmet should also fit you correctly and snugly, with a sturdy chinstrap.
The Importance of Always Wearing a Helmet
Motorcyclists are extremely prone to severe and fatal injuries in motorcycle accidents. Data from the Texas Department of Transportation states that 599 motorcycle operators and passengers were killed in traffic accidents in 2023. Forty (40) percent of those killed were not wearing helmets at the time of the accident.
Helmets are the most effective piece of safety equipment available for preventing traumatic brain injuries in motorcycle accidents. The National Highway Traffic Safety Administration (NHTSA) estimates that helmets reduce the risk of motorcycle rider brain injuries by up to 69 percent, and rider fatalities by up to 42 percent. From 2002 to 2017, more than 25,000 lives were saved by motorcycle helmets.
The NHTSA states that compared to riders wearing helmets, unhelmeted motorcyclists involved in accidents are more likely to be admitted to intensive care units, suffer significant or severe injury, and need ventilation. They are also more likely to suffer cervical spine injuries – a serious type of injury that can result in permanent paralysis (quadriplegia).
Injury Risks Associated With Non-Helmet Use
When a motorcycle crashes, the riders and passengers are often flung from the vehicle. Their heads may strike the hard surface of the road or other objects, such as motor vehicles or fixed objects, after being ejected. This blunt-force trauma can cause severe head and brain injuries.
Riders are also at risk of sustaining penetrating brain injuries from contact with sharp objects, such as a tree or guardrail. Without a helmet providing padding, a protective shell and shock absorption, a motorcycle rider may suffer various traumatic brain injuries, including concussion, contusion (bruising), edema (swelling) and hemorrhage (bleeding).
Brain injuries can cause permanent damage or prove fatal for a victim. Other injuries that a motorcycle helmet can prevent include facial and dental trauma, severe scrapes or road rash, jaw injuries, ear and eye injuries, and neck or cervical spine injuries. These injuries can cause permanent scarring, disfigurement, disability or death.
Can I Still File an Injury Claim in Texas if I Wasn’t Wearing a Motorcycle Helmet?
If you get hurt in a motorcycle accident in Texas while not wearing a helmet, you can still file a personal injury claim against the at-fault person or party. Your failure to wear a helmet, even if you were legally supposed to be wearing one, does not negate your ability to hold someone responsible for causing the crash.
You have the right to file an insurance claim or personal injury lawsuit against someone if they negligently, carelessly or recklessly caused your motorcycle crash. Examples include drivers who are speeding, driving while distracted, drunk driving or driving recklessly. If you were not wearing a helmet, however, this could adversely affect your claim.
Texas uses a comparative negligence law for personal injury claims. Under this rule, the financial compensation you receive from an at-fault party can be reduced if you are allocated a percentage of fault for your injuries. If the law states that you should have been wearing a helmet at the time of your accident, this could potentially be used as a defense against full liability for certain injuries, such as a brain injury. This could diminish the assigned value of your claim.
When to Contact a Motorcycle Accident Lawyer in Texas
The success of the helmet defense will depend on the circumstances, including whether your injuries would likely have been prevented had you been wearing a helmet. Hiring an experienced motorcycle accident attorney to represent you can help you counter this defense and protect your right to recover full financial compensation.
Your Austin personal injury lawyer can collect evidence to prove that the other party caused your motorcycle crash and help you get the financial recovery you need to feel whole again by combatting claims that your lack of helmet use contributed to your injuries. Your lawyer will gather evidence and can hire qualified experts to support your claim.
At FVF Law Firm, we bring together more than 100 years of legal experience in personal injury law. We know how the helmet defense works in motorcycle accident cases. Contact us today at (512) 640-2146 to find out how we can help you after a motorcycle accident in Texas.