Can I Sue After a Motorcycle Accident If I Wasn’t Wearing a Helmet?

Choosing not to wear a helmet does not bar you from suing after a motorcycle accident in Texas. Whether your decision not to wear a helmet will affect your claim depends on the specific circumstances involved. An experienced Dallas motorcycle accident lawyer can assess your legal rights and help you fight for the full compensation you deserve.

As a motorcycle rider in Texas, it is up to you to decide whether you want to wear a helmet. If you don’t want to wear a helmet, you can legally ride without one if you are over 21, have successfully completed a motorcycle safety course, or have health insurance that covers you in the event of a head injury.

But what happens if you get injured in an accident?

If you have grounds to sue for your injuries, the fact that you chose not to wear a helmet does not bar you from hiring a Dallas motorcycle accident lawyer to fight for just compensation. While choosing not to wear a helmet might affect your legal rights in some cases, this depends on the specific circumstances of your collision.

When Choosing Not to Wear a Helmet Might Impact Your Motorcycle Accident Claim

Under Texas law, you have the right to file a lawsuit when you get injured in a motorcycle accident that was caused by either: (i) someone else’s negligence; (ii) an issue with your motorcycle (or another vehicle); or (iii) an issue with the road. This is true regardless of whether you were wearing a helmet when the accident happened.

If you suffered injuries unrelated to your decision not to wear a helmet, your decision should not impact your claim at all. Liability for motorcycle riders’ injuries is determined based on causation. If your decision not to wear a helmet did not cause (or contribute to causing) your injuries, then it should have no bearing on your legal rights. For example, let’s say you suffered a broken leg and severe road rash in an accident caused by a distracted driver. Clearly, this had nothing to do with whether or not you were wearing a helmet—so whether you were wearing a helmet should not matter.

But what if you suffered a concussion or another type of traumatic brain injury (TBI)? This is where not wearing a helmet can potentially come into play. In this scenario, the question is whether your decision not to wear a helmet contributed to causing your injury. Under Texas law:

• If Your Decision Not to Wear a Helmet was Primarily Responsible for Your Injury – When motorcycle riders are primarily responsible for their injuries (51 percent or more), they are not entitled to any compensation.
• If Your Decision Not to Wear a Helmet was Not Primarily Responsible for Your Injury – When motorcycle riders are not primarily responsible for their injuries (50 percent or less), they are entitled to compensation based on their percentage of fault.

Determining whether a helmet would have prevented or mitigated a head injury requires a comprehensive investigation of the specific circumstances involved in the collision. It is well known that motorcycle helmets are not capable of preventing all head injuries in all cases. For example, one study found that:

• Motorcycle helmets are associated with a 71-percent reduction in cerebral contusions.
• Motorcycle helmets are associated with a 69-percent reduction in skull fractures.
• Motorcycle helmets are associated with a 53-percent reduction in intracranial hemorrhages.

Understanding whether a helmet would have protected you in your accident will involve working with experts who can examine the specific circumstances involved. You should not make any assumptions about your legal rights; and, if the insurance companies claim that a helmet would have protected you, you should not take them at their word.

Determining Legal Responsibility for a Motorcycle Accident Requires a Prompt and Thorough Investigation

While assessing your legal rights might eventually involve hiring experts to assess the consequences of your decision not to wear a helmet (if any), it starts with conducting a prompt and thorough investigation. After a motorcycle accident, it is important to preserve any evidence at the scene as soon as possible. 

Determining legal responsibility for the accident may also involve gathering evidence from other sources. An experienced Dallas motorcycle accident lawyer can determine what steps need to be taken to protect your legal rights.

FAQs: Filing a Motorcycle Accident Claim When You Weren’t Wearing a Helmet

Can I file an insurance claim for a motorcycle accident if I wasn’t wearing a helmet at the time of the crash?

Whether you have grounds to file an insurance claim after a motorcycle accident depends on the cause (or causes) of your injuries. While choosing not to wear a helmet can impact injured riders’ rights in some cases, riders who were not wearing a helmet can still seek full compensation for their accident-related losses in many circumstances.

What if the insurance company says that not wearing a helmet was the primary cause of my head injury?

If the insurance company says that not wearing a helmet was the primary cause of your head injury, you should speak with an experienced motorcycle accident lawyer right away. The insurance company does not have your best interests in mind, and it may be trying to avoid paying financial compensation you deserve.

Can a Dallas motorcycle accident lawyer help me seek compensation if I wasn’t wearing a helmet?

Whether a Dallas motorcycle accident lawyer can help you seek compensation if you weren’t wearing a helmet depends on the specific circumstances of your case. That said, it’s well worth scheduling a free consultation to find out if you are entitled to just compensation.

Schedule a Free Consultation with a Dallas Motorcycle Accident Lawyer at Hammerhead Motorcycle Law

If you were injured in a motorcycle accident in Texas, we strongly encourage you to get in touch. Call 469-209-4242 or contact us online to schedule a free consultation with an experienced Dallas motorcycle accident lawyer today.