{"id":1406,"date":"2020-10-30T23:30:53","date_gmt":"2020-10-30T23:30:53","guid":{"rendered":"https:\/\/www.justinian.com\/?post_type=faqs&p=1406"},"modified":"2024-01-02T19:00:14","modified_gmt":"2024-01-03T01:00:14","slug":"can-a-rider-recover-damages-if-they-werent-wearing-their-helmet","status":"publish","type":"faqs","link":"https:\/\/www.justinian.com\/es\/faqs\/puede-un-ciclista-recuperar-los-danos-si-no-lleva-puesto-el-casco\/","title":{"rendered":"Can a rider recover damages if they weren’t wearing their helmet?"},"content":{"rendered":"\n

If you\u2019re riding a motorcycle in Texas<\/a> and you\u2019re 21 and over, the law doesn\u2019t always require you to wear a helmet.<\/strong><\/p>\n\n\n\n

But if the other side can convince a jury that you\u2019re partly to blame for your motorcycle accident injuries, you might get less money, even less than your property damage and medical bills.<\/strong><\/p>\n\n\n\n

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Texas Does Not Have Strict Motorcycle Helmet Laws<\/h2>\n\n\n\n

Texas state motorcycle laws require every rider under the age of 21 to wear a helmet<\/a> when riding a motorcycle. But if you are 21 and do not want to wear a helmet while riding, you can finish a safety course or have an insurance plan that will cover you without a helmet.<\/p>\n\n\n\n

It’s not hard to understand why some Texas bikers do not want to wear a helmet while riding their motorcycles. Some feel it’s their choice to make, not the government’s. Others don\u2019t like the feeling of helmets on their heads. Some just like feeling the wind on the open road.<\/p>\n<\/div>\n\n\n\n

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But Riding Without a Helmet Might Mean You Get Nothing<\/h2>\n\n\n\n

Scientific and government research shows that many motorcycle accidents happen even though the rider did nothing wrong<\/em>. Very often, the automobile driver just didn\u2019t see the motorcycle<\/em>.<\/p>\n\n\n\n

But you are not guaranteed a cash settlement from an at-fault driver if you weren’t wearing a helmet. In fact, not wearing one might make it harder to get.<\/p>\n\n\n\n

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Modified Comparative Fault in Texas Motorcycle Accident Lawsuits<\/h3>\n\n\n\n

In Texas, if you are partly at fault for a motorcycle accident, you recover less money.<\/p>\n\n\n\n

And if you are mostly at fault for injuries (more than 51% responsible), then you get nothing. This is known as Texas\u2019 modified comparative negligence<\/em> rule. Negligence is the legal term for carelessness.<\/p>\n<\/div>\n\n\n\n

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Not Wearing a Motorcycle Helmet in Texas May Be Considered Negligent<\/h3>\n\n\n\n

After Texas changed its law in 2009<\/a> and stopped requiring helmets for bikers, helmet use in Texas went down. Traumatic brain injury from motorcycle accidents went up. Other types of motorcycle accident injuries stayed the same.<\/p>\n\n\n\n

Insurance companies and their lawyers might argue that you were partly to blame for your injuries because you chose not to wear a helmet. They could say that if you had been wearing a helmet, you would not have had any head or facial injuries.<\/p>\n<\/div>\n<\/div>\n\n\n\n

If you\u2019ve been in a motorcycle accident, contact Justinian & Associates today<\/a>. We offer a free consultation<\/a> with a seasoned Texas motorcycle accident attorney. Tell us your story, and we\u2019ll explain your options under Texas law. No obligation.<\/p>\n","protected":false},"featured_media":0,"parent":0,"template":"","faq_tax":[14],"class_list":["post-1406","faqs","type-faqs","status-publish","hentry","faq_tax-motorcycle-accidents"],"acf":[],"x_date":"octubre 30, 2020","x_metadata":{"_yoast_wpseo_primary_faq_tax":"14","_yoast_wpseo_focuskeywords":"[]","_yoast_wpseo_keywordsynonyms":"[\"\"]","_trp_translated_slug_es_ES":"puede-un-ciclista-recuperar-los-danos-si-no-lleva-puesto-el-casco","_yoast_wpseo_title":"Can I recover damages if I wasn't wearing a helmet in Texas?","_yoast_wpseo_metadesc":"While notorcycle helmets are not required in Texas, not wearing one may be considered negligent. Learn more in this post.","_yoast_wpseo_canonical":"https:\/\/www.justinian.com\/faqs\/can-a-rider-recover-damages-if-they-werent-wearing-their-helmet\/","_yoast_wpseo_estimated_reading_time_minutes":"3","_yoast_indexnow_last_ping":"1704243615","_yoast_wpseo_wordproof_timestamp":"","_yoast_wpseo_videositemap_rating":"0"},"_links":{"self":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/faqs\/1406","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/faqs"}],"about":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/types\/faqs"}],"wp:attachment":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/media?parent=1406"}],"wp:term":[{"taxonomy":"faq_tax","embeddable":true,"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/faq_tax?post=1406"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}