Helmet Laws in Houston

Many people are unsure about how helmet laws in Houston affect them, particularly when it comes to whether helmets are legally required and how not wearing one might impact a personal injury claim after a crash caused by someone else. These laws can be confusing, but understanding them is necessary if you’re involved in a motorcycle accident.

Helmet laws in Houston and throughout Texas are complex, and they often factor into motorcycle accident claims. If you are injured in a motorcycle accident, contact Calhoun Meredith, PLLC, today at 832-430-6210 for a free consultation.

Texas Helmet Laws

Motorcycle riders are required to wear a helmet in the state of Texas, unless they qualify for an exemption. Certain criteria must be met by riders who are 21 years of age or older in order to claim an exemption from the helmet law.

Texas Transportation Code § 661.003 does not clearly specify helmet usage requirements for riders and, instead, provides optional helmet use situations. This results in a sort of three-tier system based on age, insurance, and training. Texas does not have a mandatory helmet law for all riders.

Who Must Wear a Helmet in Texas?

The basic rule is that if you are under age 21, you must wear a Department of Transportation (DOT)-approved helmet whenever you ride on or operate a motorcycle. If you are age 21 or older, you may choose not to wear a helmet if you meet both of the following criteria:

• You have completed a Department of Public Safety-approved motorcycle safety course.
• You have medical insurance that covers motorcycle accidents.

If you do not meet both of these requirements, you must wear a helmet even if you are 21 years of age or older.

Helmet Laws and Comparative Fault

Helmet use or lack thereof may come up even if it’s optional in your situation, if you are injured in an accident. The insurance company will likely emphasize this fact to persuade you to accept a lowball settlement offer.

Texas is a modified comparative fault state. So, if you share some of the blame for your injuries, such as if you could have prevented them by wearing a helmet, you may still be entitled to compensation, but it will be reduced by your percentage of fault. Your percentage of fault will depend on whether you can be proven to have caused your own injuries by not wearing a helmet.

For example, if you suffered a head injury, the insurance company may try to argue that your injury may have been prevented if you had worn a helmet, but if you suffered a different injury, such as a spinal cord or internal injury, helmet use may be irrelevant.

Common Injuries Associated With Helmet Use

Helmets are meant to mitigate traumatic brain injuries (TBIs) and other trauma to the head. They cannot prevent all such injuries, but they can increase survival and decrease long-term morbidity and mortality. Some common injuries associated with a lack of helmet use include:

• TBIs
• Skull fractures
• Cuts, bruises, and lacerations
• Injuries to the eye
• Disfigurement

Helmets do not protect riders against injuries to the lower body or internal harm from blunt force trauma or ejection. Helmet use remains important, but it doesn’t completely protect against injuries or legal responsibility.

Insurance and Helmet Laws

Motorcycle claims often involve many issues that are related to insurance. These issues become more complex when helmet use becomes a topic of discussion.

Coverage for Medical Payments

Riders may have medical payments coverage from their motorcycle insurance policy. The benefits can help cover medical expenses no matter who’s at fault, which can be helpful if you are recovering from a serious injury.

Liability and Coverage Limits

In an ideal world, if another driver caused your wreck, their liability insurance would cover your losses. However, Texas only requires drivers to carry the bare minimum liability insurance, and it might not even begin to cover a spinal cord injury or traumatic brain injury. That’s why riders are urged to purchase uninsured/underinsured motorist coverage (UM/UIM).

Contesting Denials

Insurance companies may deny or delay claims. In these instances, you may be able to contest their decision to fight for what you deserve. At Calhoun Meredith, PLLC, we can help you fight these decisions by showing that your injuries would have happened regardless of whether you were wearing a helmet or by showing that the at-fault driver’s actions were the main cause of your injuries.

Additional Safety Measures You Can Take

There are additional safety measures you can take to provide extra protection while you are on a motorcycle beyond just wearing a helmet. When riding in Houston, you face many risks from other vehicles on major thoroughfares and highways. Safety requires implementing multiple protective strategies.

Wearing reinforced jackets, gloves, pants, and boots can protect your body from abrasions and blunt force trauma during a crash. Follow all traffic laws, including speed limits, and be extra cautious in high-traffic areas to significantly reduce your risk of a collision. Bad weather and low visibility also increase your chances of losing control or being hit by a careless driver.

Maintenance is another important safety issue. Check your motorcycle’s condition by checking the brakes, tires, lights, and fluid levels regularly. A well-maintained bike is less likely to suffer a mechanical failure that can lead to a crash.

Finally, even if you’re not required to by law, take a motorcycle safety course. They teach important skills and defensive riding techniques that can one day help you avoid an accident or save your life. Ride responsibly, defensively, and proactively, as well as consider choosing a helmet.

Calhoun Meredith, PLLC, Can Help

If you’ve been hurt in a motorcycle crash, whether you were wearing a helmet or not, you deserve a legal team that knows how to fight for your rights. Calhoun Meredith, PLLC, possesses the legal knowledge to combat insurance company tactics and pursue compensation for our clients.

Our team can conduct crash investigations while collecting evidence and consulting medical professionals to fight for the compensation you deserve through aggressive negotiations. Call Calhoun Meredith, PLLC today at 832-430-6210 for a free consultation.