It may surprise you to learn that many riders can get away with not using a motorcycle helmet on Texas roads. However, it is important to consider that you can easily get hurt this way, especially if you get hit by another vehicle. A San Angelo, Texas motorcycle accident lawyer from our firm can help you sue for damages and they can tell you about how state negligence laws could affect your payout from a lawsuit.

Do All Riders Need to Wear a Motorcycle Helmet in Texas?

Many riders can choose not to wear a motorcycle helmet. They also cannot be pulled over solely because they are not wearing a helmet. This is all thanks to the state’s previous universal helmet law being repealed all the way back in 1997.

There are certain requirements that a rider needs to meet before hitting the road without a motorcycle helmet though.

Which Riders Can Operate Their Vehicle Without a Motorcycle Helmet?

In order to ride a motorcycle without a helmet, you must:

  • Be 21 years of age or older
  • Have a health insurance plan
  • Complete a training and safety course

The health insurance plan must cover medical bills stemming from a motorcycle crash. Insurance cards for such plans might have something like “MOTORCYCLE HEALTH” written on them. If you meet all of these requirements, you can ride without a motorcycle helmet.

Can I Still Sue If I Was Not Wearing a Motorcycle Helmet?

If you get hurt in an crash and decide to sue, the decision to wear or not wear a motorcycle helmet could affect your case. This is because the people involved in a case like this can share the blame for the collision and injuries caused.

The jury might say that you deserve compensation, but they can also decide that you were partly responsible for your injuries because you neglected to wear a helmet. The state does not require you to wear a motorcycle helmet, but it still would have been a smart move to use one.

How Could Negligence Laws Affect My Compensation?

So can you sue if the jury thinks that you are partly responsible for your own injuries? You can, but you must be less responsible for the crash than the person who you are trying to recover damages from. So if you are considered 15% at fault and the other guy is 85% at fault, you can sue. If you are 60% responsible for the crash and your own injuries, you won’t be able to sue.

Your negligence can also affect your compensation payout. Let’s say you are awarded $100,000 and you are 15% responsible for the crash. You would get 85% of that compensation, or $85,000, instead of the full amount you would have received if the other person was entirely responsible for the crash.

Talk to a Personal Injury Attorney

If you have been hurt in a motorcycle crash, contact the Mathis Law Firm. We can offer you a free case consultation. There’s no obligation, so take the time to learn more about your options and what our legal team can do for you.