Although you should always wear a motorcycle helmet to protect yourself while riding in Texas, failure to wear one doesn’t necessarily mean you cannot sue the drive who hit you. Let us determine whether or not you can file a motorcycle accident lawsuit and if your lack of a helmet might affect your recovery.
Damages may be reduced if you suffer a head injury while not wearing a motorcycle helmet. Comparative fault rules require juries to reduce damages proportionally to the plaintiff’s degree of fault. Suppose you did not suffer a head injury but instead a compound fracture in your leg. Whether or not you were wearing a helmet has no effect on your compound fracture, so your damages may not be lowered, and comparative fault may not apply.
For a confidential and free case review from Cap City Injury Attorneys, call our Austin, TX motorcycle accident lawyers now at (512) 612-3110.
Can I Sue for a Motorcycle Injury if I Was Not Wearing a Helmet in Texas?
Wearing a motorcycle helmet is one of the simplest things you can do to protect yourself from injury. Texas only requires riders under 21 to wear a helmet and lets riders and passengers above that age ride without helmets, provided they have completed a motorcycle operator training course in Texas. Failure to wear a helmet has more serious consequences than getting a ticket, as it could complicate your ability to seek compensation.
Texas is a modified comparative fault state. It lets victims who contribute to an accident or their injuries seek compensation, but only if they are less at fault than the defendant, according to Tex. Civ. Prac. & Rem. Code § 33.001. Not wearing a helmet might increase the risk of sustaining a brain injury, but it is likely not the sole cause of the accident or your injuries.
Thus, failure to wear a helmet does not make you more at fault than the defendant and should not bar you from seeking compensation in Texas via a lawsuit.
Can I Get Full Compensation for a Motorcycle Injury if I Was Not Wearing a Helmet?
Whether you can receive full compensation for a motorcycle injury if you weren’t wearing a helmet depends on the specific facts of your case. Let us determine whether or not Texas’s comparative fault rule may affect your recovery, and by how much.
While victims may sue if they are less at fault than the defendant but still partially liable, their damages are reduced proportionally under § 33.012(a).
For example, suppose the jury decides your failure to wear a helmet makes you 10% liable for your injuries. In that case, you may only get 90% of the damages awarded. This is still a substantial amount, so you should still contact our lawyers about seeking compensation, even if you are concerned that Texas’s comparative fault law will lower your recovery somewhat.
You may be eligible for full compensation if you didn’t sustain a head injury while not wearing a helmet during an accident. A helmet does not stop you from suffering broken bones, road rash, burns, and other painful motorcycle accident injuries, and it does not even prevent all head injuries.
Suppose your failure to wear a helmet is totally unrelated to the cause of your injuries. In that case, comparative fault should not affect your recovery after a collision.
How Long Can I Sue for a Motorcycle Injury if I Was Not Wearing a Helmet in Texas?
You likely have two years to file a lawsuit for your motorcycle accident in Texas. Not wearing a helmet and suffering a brain or head injury makes it harder for some victims to file on time. Let us prioritize your case while you prioritize your health and ensure that you file your lawsuit within the statute of limitations.
Some victims miss the statute of limitations because they assume failing to wear helmets bars them from getting any compensation. Don’t let that stop you from learning about your recovery options, and know you may still recover enough damages by filing a lawsuit.
Do I Need a Lawyer to Sue for a Motorcycle Injury if I Was Not Wearing a Helmet?
Victims who are intimidated by comparative fault rules or don’t fully understand them might be bullied by defendants into accepting lowball settlements, or worse, not seek compensation at all. Even if comparative fault is an issue in your lawsuit, our attorneys can work hard to prevent it from affecting your recovery too much.
Defendants might use comparative fault rules to convince plaintiffs to settle too soon after negotiations begin. Remember, if you suffered a non-head or facial injury, not wearing a helmet likely did not contribute to the cause of those injuries; therefore, comparative fault rules should not reduce the damages you receive.
If your lawsuit goes to trial, our attorneys can tackle comparative fault arguments head-on. The defendant might claim that you were speeding, weaving in and out of lanes, or otherwise riding your motorcycle negligently, in addition to not wearing a helmet, which would make you even more liable for the accident and potentially deserving of less compensation. Our lawyers can refute these arguments with evidence like eyewitness statements and video footage.
What Should I Do if I was Injured in a Motorcycle Accident While Not Wearing a Helmet?
Don’t panic if you were injured while riding a motorcycle without a helmet in Texas, and take the crucial next steps.
Always call 911. Officers may ask whether or not you were wearing a helmet, and you can be honest. Tell them if you are injured elsewhere on your body, and anything you can about the other driver’s negligence.
Police officers can write accident reports that contain important details that are helpful to our lawyers when preparing the case. Then, go to the hospital to document any injuries, especially head and facial injuries.
Call Us to Discuss Your Texas Motorcycle Accident
Call Cap City Injury Attorneys to get help with your case from our Buda, TX personal injury lawyers at (512) 612-3110.