Houston Motorcycle Accident Attorney and Texas Helmet Laws

Houston Motorcycle Accident Attorney

Motorcyclists are more prone to severe injuries and death than other motorists in traffic accidents since they are unenclosed when impact or rollover occurs. In the vast majority of accidents involving motorbikes, the rider is not at fault, so it is imperative to consult a Houston motorcycle accident attorney after an accident in the Houston area.

Unfortunately, bikers are often portrayed in a negative light by the electronic media as mean thugs, lawless gangsters and reckless daredevils. The truth is the vast majority of motorcyclists are productive, law-abiding citizens and most accidents involving motorcycles is not the fault of the rider.

Motorcycle riders are subject to the same laws as any other motorist; like the driver of a car, they are required to be licensed, insured, have their vehicles regularly registered and inspected and abide by the same laws on the road. Regardless of their image, real or perceived, they are entitled to the same rights when involved in traffic accidents. Motorcycles are more likely to be involved in accidents than other vehicles because they are less visible and less anticipated on the road, not because their riders tend to be more careless or negligent.

Helmet Laws in Texas

Although helmets reduce crash-related injuries and death, helmet laws in Texas do not require motorcyclists to wear helmets if they meet certain conditions. Motorcycle riders 21 and older are exempt from wearing helmets if they have successfully completed a motorcycle safety course, or are covered by a health insurance plan providing the person with at least $10,000 in medical benefits for injuries incurred as a result of an accident while operating or riding upon a motorcycle.

Whether or not a motorcyclist was wearing a helmet can make a difference in the amount of damages awarded for head injuries sustained in an accident even if the motorcyclist was not required by law to wear a helmet and the other driver was found to be at fault. In cases like these, comparative negligence – the comparison of negligence of everyone involved in the accident – comes into play. Jury members allocate a percentage of the total negligence that caused the head injury to everyone involved in the accident that will ultimately determine the amount of damages awarded.

Comparative negligence, as it relates to helmet laws in Texas, is a typically subjective matter that requires an experienced negotiator like Houston motorcycle accident attorney Rand Mintzer. A former Texas attorney for Aid to Injured Motorcyclists (AIM) and the National Coalition of Motorcyclists (NCOM), Mintzer has biked across 42 of the 48 states in the contiguous United States. Contact Rand Mintzer or call 713-862-8880 if you have been in a motorcycle accident.