Can You Recover Damages if You Are Not Wearing a Helmet?

05th December 2022     Sophia Hogg

Can You Recover Damages if You Are Not Wearing a Helmet?

Motorcycle accidents in Texas are often devastating, and although wearing a helmet is an important safety measure, you may still be able to recover damages if you were injured in a Texas motorcycle accident and did not wear a helmet. Depending on the circumstances, you may be able to seek compensation from the other driver involved in the accident as well as from your own insurance. 

In Texas, the law regarding motorcycle helmets is not as strict as it is in other states, so a lack of a helmet may not necessarily bar you from recovering damages. It is important to understand the law and how it applies to your situation to maximize the amount of compensation you may be entitled to.

Are You Required to Wear a Motorcycle Helmet in Texas?

In Texas, all motorcyclists under the age of 21 are required to wear a helmet while riding. Young riders who don’t wear a helmet often face steep fines and other penalties by the state of Texas. However, motorcyclists do not have to wear a helmet in Texas if they’re:

  • 21 years old or older
  • Completed motorcyclist training and safety courses
  • Maintain health insurance coverage

In the event that you do not meet these requirements, you are required to wear a motorcycle helmet in Texas.

What Damages Are Available to Motorcycle Accident Victims?

Motorcycle accident victims are often left with extensive damages that may affect their physical, mental and financial well-being. Victims of motorcycle accidents may be eligible for various types of damages, depending on the situation. In cases of negligence and recklessness, an experienced accident lawyer can help victims recover economic and non-economic damages from the responsible party.

Economic damages may include:

  • Medical expenses
  • Lost wages
  • Lost earning potential
  • Property damages
  • Out-of-pocket costs

Non-economic damages refer to losses that do not have a set numerical value. These may include:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Disfigurement
  • Loss of consortium

Punitive damages may be available if the responsible party acted with gross negligence or malice. A skilled accident lawyer will provide guidance on what type of damages may be available in your particular situation and help you pursue a claim against the negligent party.

How Wearing a Helmet Affects Compensation

Wearing a helmet may have a large impact on the amount of compensation that you receive in the event of a head injury. If you are riding a motorcycle and you do not wear a helmet, then this could be taken into consideration in terms of comparative negligence when assessing your claim. Comparative negligence is used to determine what portion of the accident was caused by your own actions and whether or not wearing a helmet would have contributed to the severity of your injuries.

In many cases, if a motorcyclist does not wear a helmet, it will contribute to the severity of their injuries and lower their potential compensation as they were negligent in their safety precautions. Therefore, it is important to always wear a helmet when riding a motorcycle in order to ensure that there is no negative impact on any potential compensation for head injuries that may occur as part of an accident.

Reach Out to Dale R, Rose PLLC About Your Texas Motorcycle Accident

Seeking compensation after an accident is an effective way of helping pay for your recovery, but it does require skilled legal assistance. Before you do anything, you should discuss your case with a lawyer. 

The right lawyer will make it easier for you to take action. Reach out to us, Dale R. Rose, PLLC, at (972) 634-ROSE (7673) or fill out our contact form for legal advice about your next steps.


Dale R. Rose

Personal Injury Lawyer

If you or someone you know has been injured in an accident, has been a victim of a workplace accident, or any other personal injury, Dale Rose is the best attorney for you in McKinney, Texas. With 25+ years of experience, Dale is committed to helping you get the compensation & justice you deserve.

Subscribe Our Newsletter: BY Dale R. Rose

Our Accreditation

Best Personal Injury Lawyers in McKinney

IBRIDGE law corporation