If you ride a motorcycle in Texas, you’ve probably heard different things about whether helmets are required. Some say it’s optional. Others say it’s the law. The truth is: it depends.
This guide breaks it all down in simple terms, who must wear a helmet, how helmet use affects personal injury claims, and what to do after a motorcycle accident to protect your legal rights. If you’re searching for a personal injury attorney or motorcycle accident lawyer near you, this article is a good place to start.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Is Wearing a Helmet Required in Texas?
Yes and no. In Texas, motorcycle riders under the age of 21 must wear a helmet. If you’re 21 or older, you can ride without a helmet if you meet certain requirements.
Here’s the law in simple terms:
-
- Under 21: Helmet is always required. No exceptions.
- 21 and older: You can ride without a helmet only if you:
- Have completed a Texas-approved motorcycle safety course, and
- Carry medical insurance that covers motorcycle injuries
What if you don’t meet both conditions?
If you’re over 21 but don’t have proof of the safety course or medical coverage, you’re breaking the law by riding without a helmet.
For thoughtful, trial-tested representation from someone who truly understands what injury victims face, contact Attorney Matthew T. McLain at Turner-Monahan, PLLC.
Does Not Wearing a Helmet Affect Your Injury Claim?
Yes, it can. If you’re in a motorcycle crash and weren’t wearing a helmet, insurance companies may try to argue that your injuries were partly your fault.
This can reduce the amount of compensation you receive, even if the accident wasn’t your fault.
Let’s break it down with an example:
You’re hit by a distracted driver while riding through an intersection. You suffer a serious head injury.
- If you weren’t wearing a helmet, the driver’s insurance may argue your injury was worse because you didn’t protect yourself.
- In Texas, this falls under comparative negligence. That means your compensation could be reduced by the percentage you’re found at fault.
If they say you were 30% at fault, you only get 70% of your settlement.
This is why it’s so important to speak to a qualified motorcycle injury attorney near you who knows how to push back against these arguments. Talk to an attorney to understand how the law applies to your specific case.
Whether it’s a car accident, defective product, or serious injury, Matthew T. McLain brings the skill and compassion you need. Reach out today to discuss your case.
What To Do After a Motorcycle Accident in Texas
Whether you were wearing a helmet or not, the steps you take after a crash can make a big difference in your case.
Here’s what you should do right away:
- Call 911. Always report the accident to the police.
- Get medical help immediately, even if you think you’re okay.
- Take photos and videos of the scene, your bike, your injuries, and anything else important.
- Collect names and contact info of witnesses.
- Avoid posting anything online about the accident or your injuries.
- Contact a personal injury lawyer or motorcycle accident attorney near you.
- Send a spoliation letter if needed (more on this below).
Common Injuries in Motorcycle Accidents
Even with a helmet, crashes can cause serious injuries. Here are the most common ones:
- Traumatic brain injuries (TBI)
- Road rash
- Broken bones
- Spinal cord injuries
- Internal bleeding
If you’ve suffered any of these injuries, don’t wait to call a motorcycle personal injury lawyer or a bike wreck attorney. Early legal help can protect your rights and help you recover more in your settlement.
How Helmet Use Impacts Insurance and Liability
Insurance companies look for ways to reduce payouts. One of the first things they check is whether the rider was wearing a helmet.
Even if helmet use isn’t legally required, insurers may still argue:
- You were negligent for not wearing one
- Your injuries were avoidable
- You shouldn’t be fully compensated
This is where a strong legal team matters. A good motorcycle accident lawyer will know how to challenge these claims and present clear evidence to back your case.
Why You Need the Right Lawyer After a Crash
After a motorcycle accident, you’re not just up against the driver. You’re dealing with insurance adjusters, legal loopholes, and medical bills.
Working with an experienced motorcycle accident attorney, bike crash lawyer, or personal injury law firm near you gives you the best chance to:
- Get full compensation for medical bills, lost wages, and pain
- Avoid costly legal mistakes
- Focus on recovery while your legal team handles the case.
Types of Accident Claims We Handle
At Turner Monahan PLLC, our team handles more than just motorcycle accidents. We’re also here for:
- 18-wheeler accidents
- Commercial vehicle crashes
- Truck wrecks involving delivery vans or semi-trailers
- Car accidents with uninsured drivers
- Personal injury cases for passengers and pedestrians
If you need a commercial vehicle accident lawyer, truck injury attorney, or personal accident lawyer near you, we’ve got you covered.
Protect Your Case from Day One – Talk to Turner Monahan PLLC
Texas helmet laws can be confusing. But one thing is clear: your rights matter. Whether you were wearing a helmet or not, you deserve fair treatment after a crash.
If you’ve been in a motorcycle or vehicle accident, don’t try to handle it alone. Schedule a free, no-obligation consultation with our Fort Worth personal injury attorneys, Tyler Monahan or Matthew McLain, to discuss your case and explore your options. Let us help you achieve the justice and compensation you deserve.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
