If you were injured in a motorcycle accident that was caused by someone else’s negligence but you weren’t wearing a helmet at the time, you may believe that you have no hope of recovering for your losses, but this isn’t necessarily the case. In fact – in a no-helmet Texas motorcycle accident claim – you can seek compensation for your full range of physical, financial, and emotional losses.
A respected motorcycle accident lawyer from Moore Law Firm is standing by to help.
Safety First
We’d be remiss if we didn’t remind you that, when you ride, you’re extremely vulnerable to the risks of the road and should always put safety first. In Texas, everyone who operates a motorcycle or rides as a passenger on one is required to wear a helmet, and doing so is always the safest option. This said, the fact that you weren’t wearing a helmet when you were injured in a motorcycle accident that someone else caused won’t bar you from recovering for your losses.
Your No Helmet Texas Motorcycle Accident
If you were injured in a motorcycle accident that was the direct result of someone else’s negligence, such as any of the following, you can file a motorcycle accident claim with the at-fault driver’s insurance provider:
- Speeding
- Distraction
- Fatigue
- Impairment
- Aggression
- Failure to follow the rules of the road
There is no Texas law that prohibits you from seeking just compensation simply because you weren’t wearing a helmet, but you can expect the involved insurance company to do everything they can to use this fact to limit your claim. Ultimately, your claim will be unique to the specific circumstances involved, and the matter of not wearing a helmet may or may not play a role.
Comparative Negligence in Texas
The State of Texas employs what is called comparative negligence when it comes to motorcycle accident claims. This means that, as long as you’re not determined to be more than 50 percent responsible for the accident in question, you can seek compensation for the percentage of your losses that the other driver is responsible for.
For example, if you were speeding at the time of the accident and 10 percent of fault in the matter is assigned to you, your compensation will be reduced by that 10 percent, and the other driver – through their insurance provider – will be responsible for covering the other 90 percent.
It’s difficult to equate not wearing a helmet with causing a motorcycle accident. However, if you suffered a head injury in the accident, you can expect the insurance company to correlate the severity of your injury with the fact that you weren’t wearing a helmet, which may or may not prove effective.
Bringing Your Strongest Claim
The fact that you weren’t wearing a helmet when the accident happened should have no bearing on the next steps you take, which should be focused on supporting your fullest recovery and obtaining an optimal claim resolution.
Seek the Immediate Medical Attention that You Need
The first order of business after being injured in a motorcycle accident is seeking the immediate medical care that you need. Keep in mind that – even if you don’t think you were seriously injured – early diagnosis is very closely related to improved prognosis. Additionally, very serious injuries can be slow to present with symptoms, and the adrenaline rush and shock you experience in a violent motorcycle crash can mask a considerable amount of pain.
Following through with your medical team’s advice and instructions is also key. It’s not only the right thing to do in terms of your health but also in terms of your claim.
Work Closely with a Reputable Motorcycle Accident Lawyer from the Start
The surest means of bringing a strong motorcycle accident claim that is capable of overcoming the matter of you not wearing a helmet is consulting with a diligent motorcycle accident attorney early on. Your skilled motorcycle accident lawyer will take all the steps necessary to bring a solid claim on your behalf, which can make a significant difference in the outcome of your claim.
Leave the Insurance Company in Your Attorney’s Capable Hands
The insurance company handling your claim is invested in keeping your settlement low and will use whatever information it can come up with to help it achieve this goal. This makes it in your best interest to leave the talking to your knowledgeable motorcycle accident lawyer, which eliminates the risk that any statement you make will damage your claim. It’s a good idea to also take a break from social media for the same reason.
Contact Our Experienced Lawyers About Your No-Helmet Texas Motorcycle Accident Claim
The Texas motorcycle accident attorneys at Moore Law Firm are committed to recovering compensation for your complete damages and won’t let a distraction – like you not wearing a helmet – slow us down. Your claim is important, so please don’t wait to contact us online or call us at 956-400-0000 today.
Frequently Asked Questions (FAQ)
Q: Can I still recover damages in a Texas motorcycle accident if I wasn’t wearing a helmet?
A: Yes, you can potentially recover damages even if you weren’t wearing a helmet in a Texas motorcycle accident. Texas uses comparative negligence, meaning you can seek compensation as long as you’re not more than 50% at fault for the accident. Your compensation might be reduced by your percentage of fault.
Q: How does not wearing a helmet affect my Texas motorcycle accident claim?
A: While Texas law doesn’t prohibit you from seeking compensation for not wearing a helmet, insurance companies may use this fact to try and limit your claim, especially if you sustained a head injury. They might argue that your injuries were worsened by not wearing a helmet.
Q: What should I do after a no helmet Texas motorcycle accident?
A: After a no helmet Texas motorcycle accident, seek immediate medical attention, follow your doctor’s advice, and consult with an experienced motorcycle accident lawyer as soon as possible. A lawyer can help you build a strong claim and navigate the complexities of comparative negligence and insurance company tactics.