Does Driving Without a Helmet Affect Your Motorcycle Accident Claim?

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Does Driving Without a Helmet Affect Your Motorcycle Accident Claim?

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Motorcycle drivers under the age of 21 are required to wear a helmet in the state of Texas, but motorcycle drivers over the age of 21 are not. They do have to pass a required safety course and carry appropriate motorcycle insurance, but the use of a helmet is not required by law. However, after a motorcycle accident, most insurance companies will still ask if you were wearing a helmet during their investigation of the accident claim.

What Importance Do Insurance Companies Place on Motorcycle Helmets During an Accident?

Motorcycle drivers who are well versed in Texas state law may assume that since they are not required to wear a helmet by law, it will not affect their accident claim. However, if you aren’t wearing a helmet during an accident, it could cause your claim to be rejected, regardless of state law.

What to Do If Your Accident Claim is Rejected:

If your accident claim is rejected because you were not wearing a motorcycle helmet, don’t waste time worrying about what’s fair. Instead get in touch with an experienced personal injury attorney as soon as possible. Working with an attorney with a history of handling motorcycle accident cases will greatly improve your ability to fight back against an unfair rejection of your motorcycle accident claim.

Determining the Effect of a Helmet Depending on the Case:

In motorcycle case accidents, it’s possible that whether or not you were wearing a helmet didn’t truly matter. In most cases, this will depend on whether or not the accident resulted in a head injury. If you were not wearing a helmet and you sustained a leg injury in the accident, you can argue it did not make a difference to your case that you were not wearing a helmet. You will have a harder time making this argument if the injury sustained was a head injury.

Arguing Fault in Court Due Based on Not Wearing a Helmet:

If you suffered a head injury in a motorcycle accident and your case ends up in court, the other party may argue that you would not have sustained your head injury or at least not to the extent that you did if you had a helmet on during the accident. If the details of the case support their argument, it is likely they will win. While there is no law requiring that motorcycle drivers wear a helmet, choosing to ride without one means risking potential injury that will likely be deemed your own responsibility in the event of an accident.

Additionally, sustaining a head injury in a motorcycle accident while not wearing a helmet could even result in hassle from your own insurance company. They may reject your claim, as well as increase your premium due to assessing your behavior as “risky.” 

If you need help recovering damages after a motorcycle accident, you can turn to Hudson Law Firm for the experience and knowledge you want on your side. We’re the Carrollton, Texas personal injury attorneys that put the personal back in personal injury law.

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