Motorcycle accidents can result in serious injuries, but wearing a helmet can prevent the worst of the harm. Even so, Texas law gives riders over the age of 21 the choice to ride without a helmet if they meet specific requirements.
Any adult who completes a motorcycle safety course or holds at least $10,000 in medical insurance coverage can ride a motorcycle without a helmet. However, choosing not to wear a helmet can impact the outcome of an accident claim.
How helmets relate to comparative negligence
One key issue that arises in accident claims is the principle of comparative negligence. This legal doctrine assigns responsibility for an accident to both parties based on their degree of fault. If a motorcyclist was not wearing a helmet during an accident, the court could rule that the rider contributed to the severity of their injuries. As a result, the compensation received could be less because the rider bears some responsibility for their own harm.
The lack of a helmet does not always affect compensation
The argument for reducing compensation might not apply if the rider sustained injuries unrelated to the head or neck. In such cases, helmet use may not affect the amount of compensation. Despite this, wearing a helmet can still be an important factor in proving that the rider took reasonable steps to ensure their safety.
Understanding how helmet use affects a motorcycle accident claim can make all the difference for riders seeking compensation. The lack of a helmet can cause riders to receive lesser compensation under comparative negligence laws, but it is important to fully explore all options when making a claim so you can recover the maximum amount of damages possible