Austin, Texas Motorcycle Helmet Laws
Motorcycle helmet laws have changed significantly in the last 15 years, so there are a lot of questions about who must wear a helmet. Whether or not you wear a helmet may affect your motorcycle accident claim. Find answers to some helmet law FAQs here.
Does every motorcycle rider in Texas need to wear a helmet?
No. Texas motorcycle helmet laws only require motorcycle riders and drivers 20 years old and younger to wear helmets.
What is the motorcycle helmet exemption sticker?
Texas motorcycle helmet laws have recently changed. Effective September 1, 2009, the motorcycle helmet exemption sticker program was repealed. Currently, no minimum proof of insurance is required to ride helmet-less on your motorcycle. Additionally, police cannot stop a motorcycle rider for the sole purpose of checking whether or not the driver has completed the required safety driving course or possesses motorcycle health insurance.
Do motorcycle helmets really do anything?
Yes. Before 1997, all Texas motorcyclists were required to wear a helmet. When the mandatory motorcycle helmet law changed to apply only to drivers and riders under 21, the number of fatal motorcycle accidents rose nearly 25%.* Nationally, over 50% of fatal motorcycle accidents involve a rider or driver who was not wearing a helmet.† Helmets significantly decrease the incidence and severity of motorcycle accident injuries.
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* From “Motorcycle riders track deadly trend. Study: Rise in fatalities follow repeal of helmet law” by Todd Ackerman, originally published in Houston Chronicle, 14 Jan. 2010.
† From pg. 4 of the National Highway Traffic Safety Administration Technical Report DOT HS 809.306
How is my case affected if I wasn’t wearing a motorcycle helmet?
Even though Texas motorcycle helmet laws do not require drivers and riders to wear a helmet, it may be difficult to get compensation for head and neck injuries resulting from an accident in which you weren’t wearing a helmet. Because so much research exists that show helmets’ ability to prevent or reduce the severity of head and neck injuries, insurance companies have a lot of evidence to support their decision to deny your claim or offer a small settlement. Judges and juries may side with the insurance company, finding that not wearing a helmet demonstrates “comparative negligence,” making you partially responsible for your own injuries.
What if my injuries were caused by a defective helmet?
If you were wearing a helmet suffered head and neck injuries that would have been prevented if the helmet performed as designed, you deserve compensation, not only from your medical insurance provider, but also from the helmet manufacturer. You will need to speak to an experienced Austin attorney about how to proceed with such a case as it involves personal injury and product liability law.
Whether or not you were wearing a helmet, if you’ve been injured in a motorcycle accident, you will need the help of an experienced motorcycle accident attorney to help you get the money you may be entitled to from your insurance company. Ray King has over twenty years of experience fighting bad faith insurance practices to get injured motorcyclists in Austin, Texas the compensation they deserve. Contact Ray King today to discuss your motorcycle accident claim.