Houston is home to mild weather and many bike-friendly roads and trails, making bicycle riding a popular hobby and mode of transportation. Unfortunately, heavy traffic congestion means that bicycle accidents are not uncommon. While adults are not required to wear bicycle helmets in Houston, many studies show wearing one significantly reduces the risk of suffering serious head or brain trauma from an accident. Learning Houston bicycle helmet laws will prepare you for the requirements of riding a bicycle for children and adults. An experienced bicycle crash attorney can help you learn more about bicycle helmet requirements and how wearing a helmet affects litigation following an accident.
Bike Helmet Regulations
Currently, there are no state laws requiring bicyclists of any age to wear helmets. However, there are municipal laws in Houston that require children to wear helmets on public roads.
According to Houston Code of Ordinances § 45-326, children under the age of 14 cannot operate or ride on a bicycle or any side car, trailer, child carrier, seat, or other device attached to a bicycle without wearing a helmet. The law also makes it unlawful for a parent to permit a child under 14 to ride without a helmet.
Dealers selling a bicycle, sidecar, trailer, or child carrier must provide a written statement advising the purchaser of the law. Dealers renting or leasing bicycles must also be able to provide helmets for each child who will operate or ride on the bicycle.
How a Bicycle Helmet Can Affect Compensation in Bike Accident Claims
Adults are not required to wear a bicycle helmet while riding anywhere in Houston. However, all riders should still wear a helmet wherever they operate a bicycle. Wearing a helmet substantially reduces the chances of head trauma if an accident occurs, and can impact a rider’s eligibility for compensation for injuries.
Like other personal injury claims, a successful bicycle injury claim depends on proving negligence to determine fault in an accident. When an individual’s negligent actions contribute to otherwise preventable injuries, they may be partially at fault for an accident.
An automobile driver who failed to notice a cyclist and caused a collision as a result is likely to be found at fault for causing an otherwise preventable accident. However, if the cyclist suffered head or brain trauma while riding without a helmet, they may also be found partially at fault. Since helmets are known to protect riders against brain and skull injuries, a rider who sustains head or brain trauma that may have been preventable with a helmet may be found negligent.
Comparative fault laws in Texas allow an injured person to collect some compensation if they are less than 51% responsible. However, damages can be reduced by the percent of liability the injured person carries. As a result, a cyclist without a helmet could get a reduced compensation award, even when another driver was responsible for the accident.
Contact a Houston Attorney if Bicycle Helmet Laws Are a Factor in Your Lawsuit
While adults are not required to wear a bicycle helmet in Houston, wearing one can help you prevent severe head and brain injuries and increase your chances of getting the compensation you deserve if injuries do occur. Learning Houston bicycle helmet laws is essential to ensuring you avoid legal penalties. However, the lack of helmet requirements should not discourage you from wearing a bicycle helmet. If you or a loved one sustained injuries in a bicycle accident, we can help you get the compensation you deserve. Contact us today to schedule your free consultation to discuss your case.
