Motorcycle excursions around San Antonio provide a feeling of freedom that is popular with motorcycle owners and passengers. Unfortunately, one of the downsides of riding is that motorcycles do not protect against bodily injury as compared to the cars and trucks that travel the same road. Even when riding off-road, a motorcycle accident may lead to severe bodily injuries.
To protect the safety of its residents, state lawmakers passed helmet laws that impact all those riding motorcycles in the state. Riders need more than a passing familiarity with San Antonio motorcycle helmet laws. Our motorcycle accident attorneys understand these regulations and how they could affect a claim.
Motorcycle accidents often lead to severe injuries for the cyclists. Concussions and other severe head trauma are common, as are spinal injuries. For that reason, Texas lawmakers passed a statewide motorcycle helmet law that requires all motorcycle riders under age 21 to wear helmets that meet Texas Department of Public Safety standards. Cyclists aged 21 and over are not required to wear helmets while riding motorcycles, provided that they meet one of two state exemptions:
Failure to qualify for these exemptions under the helmet law requires motorcyclists aged 21 and over to either wear a helmet while riding or face a fine of up to $50. Riders under age 8 are not allowed to ride motorcycles at all, nor may other people hold them while riding on the motorcycle.
Unlike some other states, Texas is not a universal helmet state. Texas law does not require every passenger or operator of a motorcycle or motorbike to wear a helmet. Riders over age 21 who qualify for one of the state exemptions do not need to wear a helmet. However, everyone who is under age 21 and on a motorcycle as an operator or a passenger must wear a helmet, with no exceptions.
Even though helmets are not mandatory for all motorcycle riders and passengers, Texas strongly encourages helmet use.
Wearing a helmet can drastically reduce the risk of fatalities because head injuries are the leading cause of deaths in motorcycle crashes.
In addition to preventing untimely deaths, helmets can also prevent serious, life-altering head injuries. Brain injuries can lead to cognitive, physical, and behavioral changes and impairment, which can vary in severity and duration. People with brain injuries can experience a wide range of symptoms, including the following:
While some people are fortunate enough to have their symptoms resolve quickly, others can experience debilitating symptoms that can linger for a long time or even permanently. Survivors of severe brain injuries frequently have problems interacting socially and might not be able to return to work, which could lead to financial hardship.
Even if a motorcycle rider or passenger is fortunate enough to escape without lasting brain injuries, they could still be at risk of experiencing devastating facial wounds. A good helmet with a face shield can protect a rider’s face. Without facial protection, a rider could fall onto their face in an accident. Road rash, deep cuts, contusions, and lacerations could lead to disfiguring scarring. Even with extensive surgical assistance, such as skin grafts and plastic surgery, the scarring could be permanent.
Wearing a full-face helmet can protect a motorcycle rider’s eyes from suffering serious injuries. Helmets can shield a rider from having debris, such as displaced asphalt, fall into their eyes. Heavy winds can be blinding and painful for a rider traveling at top speeds.
In addition to saving lives, motorcycle helmets can protect the quality of a person’s life. Not wearing a helmet can lead to debilitating consequences that can potentially diminish the ability of an affected person to participate fully in their life.
Our seasoned San Antonio attorneys understand the advantages that motorcycle helmets can bring. However, even if a motorcycle rider or passenger was not wearing a helmet when they crashed, the legal team at Felix Gonzalez Law can still help them build a robust claim for compensation.
When it comes to determining responsibility for an accident, Texas is an at-fault state. This term means that an injured person who is partially at fault in an accident may have their compensation award reduced or barred according to the percentage of their responsibility. For example, an injured person who is less than 50% at fault for their injuries will have the monetary award reduced by the percentage of fault. An injured person who is 50% or more at fault cannot recover compensation.
If the court finds that an injured motorcycle rider did not wear a helmet and that decision caused injuries more extensive than would have occurred while wearing a helmet, the court may find the injured person partially liable under the theory of comparative negligence.
The determination of comparative negligence may result in a substantial financial penalty, especially in the case of catastrophic injuries. Compensation awards include medical expenses, loss of income, pain and suffering, emotional distress, loss of consortium, and disfigurement. A determination that the injured person was 49% at fault would result in a reduction of nearly half of the compensation award.
If you were injured in a motorcycle accident that was caused by the negligence of another person, the best way forward is to hire an experienced lawyer who understands state laws. We invite you to contact us today to arrange a free consultation with a lawyer.
Your attorney will review the facts of your case. Our lawyers know how the San Antonio motorcycle helmet laws apply to your particular accident and how not wearing a helmet may potentially affect the financial outcome of your lawsuit. You deserve to concentrate on the healing process while we handle the legal work. We stand ready to fight for you.
