Many motorcycle riders feel that wearing a helmet infringes on their freedom and lessens the enjoyment of riding. The good news for those riders is that Houston motorcycle helmet laws allow them to ride without a helmet under certain conditions. The bad news is that riders who do not use a helmet have a much greater risk of severe head injury or death than riders who always wear a helmet.
Reach out to Ramji Law Group, P.C. to speak with a trusted motorcycle accident attorney about how helmet laws could impact your accident claim.
The state’s helmet law appears in Texas Transportation Code § 661.003. It states that riders under 21 to wear a helmet all the time; NO EXCEPTIONS. Adults over 21 have the option to not wear a helmet if they meet specific criteria.
Houston law says someone over 21 can ride without a helmet if they have completed an approved motorcycle safety course. Even if a rider has not taken the course, they can ride without a helmet if they have health insurance that covers motorcycle accident injuries.
Law enforcement officers cannot pull over a motorcyclist to check whether they are old enough or meet the exceptions to ride without a helmet. However, if they stop a motorcyclist for another reason and discover they should be wearing a helmet, the biker could get a ticket.
For decades, scientists and medical professionals have studied the effectiveness of motorcycle helmets in preventing injury. They agree that using a helmet is always worth it.
According to the U.S. Centers for Disease Control and Prevention (CDC), wearing a motorcycle helmet reduces a rider’s risk of death by 37% and a passenger’s risk of death by 41%. A helmet reduces the risk of serious head injury by 67%.
People are bound to disagree over whether the government should force riders to wear a helmet, but the evidence clearly shows that wearing a helmet reduces the risk of severe injuries and death among motorcyclists.
Our Houston attorneys advise riders to always wear a helmet. They speak from the perspective of people who often represent riders who have been injured in motorcycle accidents.
Motorcycle accident injuries can be severe, and even permanently disabling. When another driver’s negligence is responsible for the crash, injured bikers often sue them. A rider who proves the other driver is responsible for an accident could receive compensation for property damage, medical expenses, and lost income. They could also receive compensation for other negative impacts to their quality of life, such as their emotional trauma, disability, physical pain, disfigurement, and lost enjoyment of life.
However, Texas Civil Practice and Remedies Code § 33.001 prevents anyone who is more than 50% responsible for their injuries from receiving compensation from other negligent parties. When applied to motorcycle accidents, this law means that a biker who was not wearing a helmet when the crash occurred might not be able to collect any compensation depending on the nature of their injuries.
The at-fault driver can try and prove that a helmet could have prevented the biker’s injuries. A helmet would not have prevented traumatic leg amputation, for example, but it may have prevented serious injury to the biker’s neck, head, face, and brain. In that case, the biker may receive compensation for the leg injury, but the law prevents the biker from seeking damages for injuries that a helmet would have prevented. Injuries to the face and head often have the greatest impact on a rider’s quality of life, so every rider should consider the consequences of not wearing a helmet, especially when it comes to what kind of post-accident compensation they might be eligible for.
A Houston attorney from Ramji Law Group, P.C. can explain how helmet use might impact compensation in your specific case.
Understanding Houston motorcycle helmet laws is an important part of being a responsible rider. If you are an adult and you understand the risks involved, you are free to make your own choice regarding wearing a helmet while riding.
If you are injured in an accident, consult with Ramji Law Group, P.C. immediately. Even if you were not wearing a helmet when you were injured, a skilled legal representative may be able to help you collect partial damages.
Call Ramji Law Group at (713)-888-8888 to learn more!
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