Motorcycle Accident in Tomball: Texas Helmet Laws & Your Injury Claim

Emily Geisler
Sep 12
4 min read

Texas Helmet Laws & Your Injury Claim -

Protecting Your Rights as a Rider After a Crash in Harris County, TX

Riding a motorcycle on the open roads of Tomball, and Harris County, is one of the ultimate expressions of freedom for many drivers. After all, there is nothing quite like the wind in your hair and the warm sun on your face as you cruise the roads, where you are not confined to a metal cage. However, that open road freedom comes with a price tag: riders are more vulnerable and less protected in a collision with a car than the occupants of those closed vehicles.

If another driver strikes you or your motorcycle, the injuries that result can be catastrophic. If you have been in a motorcycle accident in Tomball, you need to know your rights as a rider before moving forward with your injury claim. The most important of those is knowing how Texas helmet laws affect your case.

Texas Helmet Laws

It is vital to understand Texas helmet laws for both your safety and potential injury claim. The Texas Transportation Code states that the use of a helmet while riding a motorcycle is:

Required:

Riders and passengers younger than 21 years of age must wear a helmet that is Department of Public Safety approved.

Optional (21+):

Riders and passengers 21 years or older need not wear a helmet if they successfully completed a motorcycle operator training and safety course, OR have an insurance plan that offers medical benefits of at least $10,000 for injuries sustained in a motorcycle crash.

Even though Texas helmet laws do not require adult riders over 21 to wear a helmet, if you are an adult rider over 21 and meet one of these two requirements, not wearing a helmet can impact your potential injury case if another driver’s negligence causes you to crash.

Helmet Use (or Not) Can Impact Your Injury Claim

If you are an adult rider, even if you are not required to wear a helmet and do not, this decision can come back to haunt you in your injury claim. Insurance companies and opposing legal teams are fond of using any perceived errors, missteps, or negligence against the plaintiff to limit or deny their injuries claim. This is even true when a rider is not legally required to wear a helmet in Texas. The claims adjuster and the defense legal team will try two main arguments:

Failure to Mitigate Damages.

This is a legal theory that states an injured party has a legal obligation to take “reasonable” steps to reduce or minimize their injuries. In this case, they are likely to claim that by not wearing a helmet, you failed to protect your head in the event of an accident, so any head injuries you suffered were more severe than they might otherwise have been.

Contributory Negligence.

They may also try to claim that your decision not to wear a helmet was negligent and contributed to your injuries even if it did not actually cause the motorcycle accident.

However, Texas case law does not make this a clear-cut, easy argument for the defense. Your attorney can assert that the other driver’s negligence is the true cause of the accident and that the helmet issue can only mitigate or exacerbate the injuries that occurred, not the actual event of the crash. At the end of the day, it is an uphill legal battle that an experienced Harris County motorcycle accident attorney will need to fight.

Motorcycle accident claims can also be complicated by the following issues common to motorcycle accident claims in Texas:

Bias Against Riders.

It is a sad fact, but motorcycle drivers often have a built-in negative bias with juries and even insurance adjusters who often see riders as reckless and dangerous.

Injury Severity.

Motorcycle drivers are simply more vulnerable in an accident. Motorcycle accident injuries can include catastrophic or even fatal injuries such as traumatic brain injury, spinal cord injuries, broken bones, road rash, lacerations, and organ damage. Accurately assessing the long-term cost of these injuries is essential.

Liability.

Accidents involving motorcycles often require an in-depth investigation into whether the other driver’s negligence actually caused the accident. This can include accident reconstruction, witness statements, and surveillance or traffic camera footage.

Protecting Your Rights After a Tomball Motorcycle Accident

Protecting your rights after a motorcycle accident in Tomball or anywhere in Harris County requires you to take a few important steps after the crash:

Seek Medical Attention Immediately.

This is not just essential to your well-being, but medical records will be a crucial part of the evidence in your case.

Contact Law Enforcement.

While you are receiving medical attention, a police officer should be called to the scene to investigate the crash and make a police report which is a critical piece of evidence in your case.

Gather Evidence.

If you are physically able to do so, you can take photos of the scene, the damage to your motorcycle and any other vehicles, and even your injuries, if possible.

Do NOT Admit Fault.

Avoid making any statements or answering any questions that could be used against your injury claim later.

Contact an Attorney.

Do not attempt to negotiate with the insurance companies on your own. An attorney will help protect your rights, dispel biases against riders, and fight for your best interests.

The statute of limitations in Texas is two years from the date of the accident, so it is vital to not wait to contact a motorcycle accident lawyer to discuss your case.

At The Law Office of Shaw Clifford, we are familiar with and understand the specific nuances of motorcycle accident law in Texas.

Our Harris County, TX, personal injury lawyers are dedicated to protecting the rights of injured motorcyclists in Tomball and throughout the surrounding area, fighting to make sure you receive the maximum amount of compensation for your catastrophic injuries.