Austin Motorcycle Helmet Laws
Whether riding a motorcycle for pleasure or as an affordable way to commute to work or school, motorcyclists share the road with vehicles that are much bigger and more protected than them. When your injuries resulted from another road user’s negligence, no excuse diminishes your right to file a claim. Additionally, when a motorcycle accident leaves you injured, you can recover compensation, even if you were not wearing a helmet.
At our firm, we understand the unique challenges faced by injured motorcyclists and their passengers who were not wearing helmets at the time of an accident. However, Austin motorcycle helmet laws will not necessarily minimize your claim. Let our motorcycle crash attorneys help you understand your rights and provide legal support to protect your interests.
Are Motorcyclists Required To Wear a Helmet?
In Austin, the stringency of motorcycle helmet laws varies primarily by age. Motorcyclists under 21 and their passengers must wear helmets. Those over 21 require a helmet when the rider:
- Has not completed a motorcycle operator training course
- Does not have a medical insurance policy worth at least $10,000
Even though it is legal to ride without a helmet, not wearing one may have severe safety implications in the event of an accident. However, it does not automatically bar individuals from seeking compensation for motorcycle collision injuries.
Comparative Fault and Protecting the Right to Compensation
Texas follows a comparative fault system in injury cases. This means that even when an individual was partially at fault for the accident, they may still be eligible for reduced compensation.
Insurance companies may argue that failure to wear a helmet contributed to a biker’s injuries. An experienced lawyer can help protect their rights and seek fair compensation by thoroughly investigating the wreck, building a strong case based on evidence and witness testimony, and negotiating with the insurance company on their behalf. An attorney in Austin can ensure motorcycle helmet laws do not affect compensation.
Valuing a Motorcycle Accident Claim
Determining the value of a motorcycle accident claim is a complex process, regardless of whether the Austin rider followed helmet laws. An experienced attorney may consider various factors to assess the full extent of damages and calculate fair compensation for their claim. Some common damages a motorcyclist may be eligible to recover include:
- Medical expenses, such as emergency care, hospital stays, surgeries, medications, physical therapy, and future recovery expenses
- Lost earnings and diminished future earning capacity
- Non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life
- Property damage
- Future damages and long-term consequences resulting from catastrophic injuries or disability
Each case is unique, and the outcome and value of a claim will depend on the specific circumstances surrounding the accident.
Contact an Attorney to Discuss How Austin Helmet Laws Affect Injury Claims
Our legal team understands that according to Austin motorcycle helmet laws, it is legal for many people to drive a motorcycle on public roadways without a helmet. Unfortunately, insurers will attempt to make you feel that you do not have a right to seek compensation solely because they disagree with your choice of transportation. We believe in treating you with the respect and care you deserve and protecting your rights following injuries you sustained in a crash.
For a free case evaluation with one of our lawyers, contact us.
