Head injuries are one of the most common causes of fatalities in motorcycle accidents. Despite this, most states have partial helmet laws that require only some riders to wear helmets. Texas is one of these states, which means some San Antonio riders may legally ride without wearing a helmet. Helmet use may impact their compensation in a subsequent insurance claim or lawsuit.
Unfortunately, some insurance companies use the absence of a helmet to reduce payouts. The San Antonio motorcycle injury lawyers at Carabin Shaw prevent helmet use from detracting from the true cause of an accident by proving the other party’s negligence. Our lawyers will collect evidence and negotiate with insurance companies and the at-fault party to reach a settlement agreement that provides fair compensation for your injuries. Read our client reviews to find out more about how we’ve helped riders financially recover from accidents.
Recognizing Helmet Freedom in Texas CourtsSpecific riders are exempt from the Texas helmet law if they meet ALL of the following conditions:
The right to choose whether or not to wear an approved helmet is a personal freedom that many riders in San Antonio, Texas, enjoy. However, these riders may suffer physical and financial consequences in the event of an accident.
How Insurance Adjusters Handle No-Helmet CasesInsurance adjusters are skilled at minimizing payouts, and they often argue that not wearing a helmet was the negligent act that caused your injuries. However, a helmet rarely causes an accident, nor does it absolve another party of responsibility. A skilled lawyer challenges these arguments and steers the narrative back on track, keeping the focus on the true cause of the crash.
Texas Law and Helmet ComplianceMeeting the exemption requirement is not the only Texas helmet rule that riders need to be aware of. An at-fault party’s lawyer may try to use anything that goes against formal safety standards as a way to reduce liability and compensation.
Helmet compliance may include:
While these conditions make helmet use more effective, they don’t change the fact that helmets don’t cause accidents. Your attorney will keep the focus on the other party’s negligent driving regardless of your helmet use.
Adjusting Damages for Comparative FaultYour San Antonio motorcycle accident attorney may need to argue that you are only partially responsible for your injuries because you did not wear a helmet. Texas is a comparative fault state, which means your attorney can only argue for compensation that is proportionate to the other party’s level of fault. For example, if wearing a helmet could have reduced your damages by 20%, the court may reduce your compensation by that amount.
In addition, civil law requires all adults to mitigate their own damages, and wearing a helmet could significantly reduce the injuries you experience in a motorcycle accident. While comparative fault is a challenge for your motorcycle accident lawyer in San Antonio TX, it should not overshadow negligent or reckless driving by the other party.
How a Carabin Shaw Attorney Will Maximize Your Personal Injury Claim | Call Now to Schedule Your FREE Case ReviewEven when helmet use would have significantly reduced damages, your attorney’s job is to maintain a focus on the other party’s negligence to maximize your claim. At Carabin Shaw, we keep the focus on the true cause of the accident rather than shifting the focus to distractions that insurers and the defendant’s lawyer may try to use.
Contact us at 800-862-1260 to schedule a complimentary case review. Our English- and Spanish-speaking staff is available 24/7 to answer the question, “Can you sue for a motorcycle accident without a helmet in Texas?” In most cases, the answer is yes! Sitting down with our lawyers will confirm your legal options. Our law firm also offers our services on a contingency-fee basis, so you can afford to get the representation you deserve.
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