In contrast to other states around the country, helmet laws in Texas are relatively lenient for motorcycle riders. Though the state recommends that all bikers use helmets to prevent catastrophic injuries in the event of an accident, the majority of riders can decide whether they want to wear them as they enjoy the road.
Nevertheless, if you have been in a motorcycle accident and suffered losses because of another party’s negligence or wrongful conduct, the team of Austin motorcycle accident attorneys at McMinn Personal Injury Lawyers can guide you through the claims process. We have 40 years of combined experience and have already recovered over $500 for our deserving clients.
We’ll help you understand whether wearing a helmet impacts your case and what you can expect from insurance companies. Contact us today for a free initial consultation at (512) 474-0222.
Motorcycle accidents often result in serious injuries for riders. Because these vehicles do not offer the same protections that others do, being in even a relatively mild collision can mean suffering everything from broken bones to traumatic brain injuries.
In instances when another party caused the accident, filing a personal injury claim can help you recover your losses. The Texas motorcycle accident attorneys at McMinn Personal Injury Lawyers provide the guidance you need throughout the entire process.
We can help you begin your claim by doing the following:
Since the day we opened our doors, our firm has been helping the people of Central Texas receive the assistance they need after accidents leave them with injuries and other losses. We are aggressive negotiators who will push back against the tactics that insurance companies use to try to minimize claims. Do not hesitate to contact our team to schedule a free consultation with our motorcycle accident lawyers in Texas today.
In Texas, all passengers and riders under the age of 21 must wear a helmet every time they get on a motorcycle. Those over 21 may still need to wear a helmet unless they have taken a motorcycle safety course or have appropriate insurance coverage. All motorcycles must be covered by liability insurance.
Additionally, Texas requires that all motorcycle riders wear eye protection to help them prevent debris from getting in their eyes. The only exception here would be if your motorcycle has a windshield of some kind that can accomplish the same purpose.
Other requirements you must meet to be compliant with state law when riding a motorcycle include the need for the headlights on the bike to be on at all times. You must also ensure that the motorcycle is equipped with passenger footrests (if you plan on carrying others) and an exhaust system that adheres to noise level restrictions.
Motorcycles have the same right to use a full lane as any other motor vehicle. What is illegal, however, is lane splitting, which involves riding between lanes of stopped or slowed traffic.
If you’ve been in a motorcycle accident and suffered injuries, filing a personal injury claim can help you recover losses. One common question people have, however, is whether not wearing a helmet makes a difference for the claim and what compensation they can recover.
If you are required to wear a helmet by Texas law (meaning you’re either under 21 or have not yet fulfilled the requirements for those over that age) and you fail to do so, that may impact your claim. Insurance companies will likely state that you contributed to the severity of your injuries.
Texas has modified comparative negligence laws, so you can still recover if you were partly responsible for your losses, but only if your fault is not above 51%. If you weren’t wearing a helmet, insurance companies can push to increase your degree of responsibility, which is why it’s in your best interests to hire a lawyer as soon as possible.
Wearing a helmet is always the safest option when riding a motorcycle, but you should not be penalized in a claim if you have the right not to wear one. To fight against whatever strategies insurance companies may throw at you, you need experienced Texas motorcycle accident attorneys to represent you.
At McMinn Personal Injury Lawyers, our team has handled complex cases of all types, and we’ve helped clients recover significant damages to cover medical expenses, lost wages, and emotional and physical distress. If you’re suffering because of another party’s negligence, don’t hesitate to get legal assistance. Call to speak with an experienced Texas motorcycle accident attorney today.
