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Houston Helmet Laws

After a motorcycle crash, questions about whether you wore a helmet can come up quickly, from the officer at the scene to the insurance adjuster. Houston helmet laws follow Texas state law, and riding without a helmet does not, by itself, bar an injury claim. At Abraham Watkins, our Houston motorcycle accident lawyer team represents injured riders facing questions about helmet use. Call 713-222-7211 or contact us to schedule a free consultation.

Who Has to Wear a Helmet Under Texas Law?

Who Has to Wear a Helmet Under Texas Law?Under Section 661.003 of the Texas Transportation Code, motorcycle riders and passengers must wear a helmet that meets state safety standards. The exception covers only someone who is at least 21 and has either completed an approved motorcycle operator training and safety course or is covered by qualifying health insurance.

The insurance part of the exemption is narrower than it sounds: the health plan has to pay for injuries from a motorcycle crash, not just provide general coverage. Police may not pull a rider over just to check, and a rider who is stopped for another reason and shows proof of the course or the insurance cannot be cited for riding without a helmet.

The rider is also responsible for the passenger. A rider can be cited for carrying a passenger who is not wearing a helmet that meets state safety standards, even if the rider’s own helmet meets them, unless the passenger qualifies for the exemption.

Can You Still Recover Damages After a Motorcycle Crash Without a Helmet?

Yes, but helmet use can affect how much. A helmet ticket, a misdemeanor with a fine of $10 to $50, does not decide who caused the crash. The bigger question in an injury claim is whether a helmet would have made the injuries less severe, since a more serious head injury usually means higher medical bills and a larger claim.

Texas divides responsibility by percentage. Under Section 33.003 of the Texas Civil Practice and Remedies Code, a jury assigns each person’s share based on their role in causing or contributing to the harm, and the harm includes the injuries themselves. So even when the driver caused the collision, a jury that finds a helmet would have lessened a head injury can assign the rider part of the responsibility. Section 33.012 then reduces the damages by that percentage, and Section 33.001 bars recovery only if the rider’s share is more than 50%.

As an illustration only, if a jury values a rider’s damages at $200,000 and assigns the rider 20% of the responsibility because a helmet would have reduced a head injury, the recovery drops to $160,000. That argument has to be backed by evidence, such as medical testimony about what a helmet would have prevented, and it does not change what the driver did to cause the crash.

What You Can Recover When Injuries Go Beyond the Head

A motorcycle injury claim can include economic losses, such as past and future medical bills, income lost while you could not work, and lost earning capacity when an injury affects future work. It can also include non-economic losses, which commonly include:

  • emotional suffering;
  • mental anguish;
  • pain and suffering in the past and future; and
  • permanent disfigurement.

Because a helmet argument is about head injuries, it carries less weight when the most serious injuries are elsewhere, such as a broken leg, a back injury, or road rash. Those injuries can be serious on their own. Among our past results is a $2.3 million settlement for a woman who suffered multiple spine fractures when a pizza delivery driver struck her motorcycle. When helmet use is raised, our attorneys can use the medical records to show which injuries a helmet could not have affected.

Why Acting Early Matters When Helmet Use Is Questioned

If you were wearing a helmet, the helmet itself is evidence. Keeping it and your riding gear in the condition they were in after the crash can help show what the helmet protected against. If you were not wearing one, evidence of how the crash happened, from photos to witness accounts, carries even more weight.

Section 16.003 of the Civil Practice and Remedies Code generally requires a personal injury lawsuit to be filed within two years after the day the cause of action accrues, meaning the day the legal claim arises. For a crash injury, that is typically the day of the collision. Contacting us early gives our team time to preserve the helmet, gear, and crash evidence before it is lost.

Talk With Abraham Watkins About Houston Helmet Laws and Your Claim

Being blamed for a crash someone else caused, just because of a helmet, is frustrating. Since 1951, Abraham Watkins has represented injured people across Houston, and our board-certified trial lawyers can help answer a helmet argument with evidence. We believe everyone deserves access to high-quality legal representation without an upfront cost.

If you have questions about how Houston helmet laws affect your claim, call 713-222-7211 or contact us today for a free consultation.

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