In 2022, more than 560 people died as a result of motorcycle accidents in Texas. Thousands of additional riders were left injured. Dealing with the aftermath of a motorcycle accident can be a challenging process, especially when questions about helmet use and local laws come into play.
In San Antonio, understanding helmet laws and how they impact compensation in the event of an accident is crucial for riders. This knowledge not only aids in promoting safer riding practices but also informs victims about their rights and potential for compensation, regardless of helmet use during an accident.
One question that many riders have after an accident is whether they can receive compensation for their damages if they are not wearing a helmet. A motorcycle accident attorney in San Antonio can provide invaluable assistance for those seeking guidance.
San Antonio Helmet Laws Explained
Texas law requires all motorcycle riders under 21 to wear a helmet when operating a motorcycle. Riders over 21, however, can ride without a helmet, provided they complete a motorcycle operator training and safety course or can provide proof of adequate medical insurance coverage. This flexibility offers older riders a choice, but it also raises questions regarding liability and compensation in the event of an accident.
The Impact on Compensation Claims
The fact that you were not wearing a helmet at the time of a motorcycle accident does not automatically disqualify you from seeking compensation for your injuries. Texas follows a modified comparative negligence system, meaning that you may be eligible for compensation if you are not found to be more than 50% at fault for the accident. However, the compensation amount can be reduced by your percentage of fault.
A common defense used by opposing parties in motorcycle accident cases involving unhelmeted riders is to argue that the rider’s failure to wear a helmet contributed to their injuries. During this time, seeking help from a San Antonio motorcycle accident lawyer is imperative. An experienced attorney can help counter these claims by focusing on the actions that caused the accident rather than the injuries that resulted from it.
Helmet Use and Injury Severity
While helmet use significantly reduces the severity of head injuries, the absence of a helmet does not cause an accident. A skilled motorcycle accident attorney in San Antonio will emphasize this point, directing attention to the other party’s negligence that led to the accident. Whether it was due to distracted driving, speeding, or any other reckless behavior, the focus should remain on the cause of the accident.
Additionally, an attorney can bring in experts to testify that certain injuries would have occurred regardless of helmet use, further strengthening your case. It’s also important to document all aspects of the accident and injuries with medical records, accident reports, and other relevant evidence.
Seeking Compensation Without Helmet Use
Even if you were not wearing a helmet, you could still recover damages for various losses, including medical expenses, lost wages, pain and suffering, and more. The key is building a strong case demonstrating the other party’s negligence and establishing a direct link between their actions and your injuries.
Partnering with a San Antonio motorcycle accident lawyer early in the process can significantly improve your chances of a favorable outcome. Your attorney will handle all aspects of your claim, from gathering evidence and consulting with experts to negotiating with insurance companies and, if necessary, representing you in court.
Prevention and Protection
While this discussion focuses on compensation and legal rights, it is also worth noting the importance of helmet use for personal safety. Wearing a helmet is a proven method of reducing the risk of severe head injuries in a motorcycle accident. Regardless of the legal landscape, prioritizing your safety is paramount.
Call Our San Antonio Motorcycle Accident Lawyer
If you are involved in a motorcycle accident in San Antonio and were not wearing a helmet, know that you still have rights and options for seeking compensation. The absence of a helmet does not nullify the other party’s negligence in the accident. It is important to seek help from our San Antonio motorcycle accident lawyer immediately to protect your rights.
At Patterson Law Group, we understand what is required to file a successful motorcycle accident claim in Texas. Our team is committed to advocating for the rights of accident victims, ensuring they receive fair treatment and compensation for their injuries.
If you have been in a motorcycle accident, whether you were wearing a helmet or not, contact us to learn how we can help you navigate your claim and work towards securing the compensation you deserve. Our motorcycle accident attorney in San Antonio can help you better understand your rights and factors that may impact your case, including how helmet laws affect compensation. Schedule a free consultation now to get started.
