The Hitchcock, TX area boasts open roads with beautiful views, making it an excellent place to ride. While there are no motorcycle helmet laws for adults, the government strongly advises you to wear a helmet every time you ride.
If you have been injured by another motorist’s negligence in a motorcycle accident, a skilled motorbike crash attorney at Schechter, Shaffer & Harris could help. Contact us today for more information.
What Are the Laws About Motorcycle Helmets?
The State of Texas only requires motorcyclists under the age of 21 to wear helmets. This applies when the individual operates a motorcycle or rides on one as a passenger. However, there is no helmet law when it comes to Hitchcock motorcyclists who are 21 years old or older.
You Are Far Safer When You Wear a Motorcycle Helmet
While no state law requires you to wear a helmet, it is important to recognize that you are always safer when you do. Motorcycle crashes are some of the most dangerous traffic accidents, and head injuries, such as traumatic brain injuries (TBIs), are among the most serious consequences.
The impact generated by motorcycle collisions can be so immense that wearing a helmet cannot guarantee you will not suffer a head injury. Helmets do, however, provide an important buffer that can help limit the damage you experience.
Head Injuries Are Unpredictable and Dangerous
Moderate to severe TBIs are often life-altering. In fact, the five-year outlook for victims is quite grim. A full 22 percent do not survive beyond the five-year point, 30 percent suffer a worsening of symptoms, and only 26 percent show any improvement. There are many solid reasons for wearing a motorcycle helmet, but there is no law that requires you to do so.
Motorcycle Helmets and Your Accident Claim
While regulations do not require you to wear a motorcycle helmet in Hitchcock, this does not mean that failing to do so will have no effect on your claim. Profit drives the insurance company handling your claim, and they will do everything possible to keep your settlement low.
Demonstrating Shared Fault
If you suffered a head injury because of another motorist’s negligence, not wearing a helmet does not bar you from seeking just compensation in a motorcycle collision claim. The insurance company involved will, however, turn to the fact that you were not wearing a helmet in their effort to demonstrate that you share fault for your head injury.
Modified Comparative Fault
Claimants can be held partially responsible for the losses they suffer in motorcycle crashes and other kinds of personal injury claims. When this is the case, their compensation is reduced by the percentage of fault assigned to them.
Texas employs modified comparative fault. This means you can pursue compensation for your physical, financial, and emotional losses in a motorcycle accident claim as long as you bear no more than 50 percent of the fault.
Not wearing a helmet is unlikely to meet this threshold because your head injury was ultimately caused by the other driver’s negligence. It may, however, have affected the severity of your head injury. If this is the case, your compensation will be reduced by the percentage of responsibility assigned to you.
Call Us in Hitchcock To Talk About Motorcycle Helmet Regulations
Motorcycle helmet laws do not apply to those in Hitchcock, TX who are at least 21 years old. Whether you were wearing a helmet or not, if another driver’s negligence left you injured in a motorcycle crash, contact us online or give us a call today. The seasoned accident attorneys at Schechter, Shaffer & Harris could help advocate for your right to pursue compensation.
