Motorcycle Accident Compensation Even Without a Helmet?
A common question after a motorcycle accident is whether failing to wear a helmet automatically makes you at fault. In Texas, the answer is no—not wearing a helmet does not automatically mean you cannot recover compensation for your injuries. While helmet use is strongly advised for safety, Texas law allows injured parties to pursue damages even if they were partially responsible for their injuries.
Insurance companies and defense attorneys may try to argue that failing to wear a helmet contributed to your injuries or that you failed to mitigate your damages. However, these arguments do not bar you from seeking compensation. Even if you are partially responsible, Texas follows a modified comparative fault system, which reduces your recovery by the percentage of fault assigned to you—but only if you are less than 51% at fault.
For example, if your total damages from medical bills, lost wages, and pain and suffering amount to $50,000 and a jury determines you were 20% at fault for not wearing a helmet, your recovery would be reduced by 20%, leaving you $40,000. This partial compensation can still make a significant difference in covering medical expenses, lost income, and other costs related to your accident.
Documenting your injuries and seeking medical care promptly is crucial. While not wearing a helmet may be noted, an experienced personal injury attorney can collect evidence—including police reports, witness statements, photos, and medical records—to support your claim. Attorneys know how to address arguments about helmet use and show that the other driver’s negligence caused the accident, which is often the most critical factor in determining liability.
Even your own helmet use, or lack thereof, will be just one part of your case. The primary focus is proving that the other party was negligent and that their actions caused your injuries. An experienced attorney can also negotiate with insurance companies to maximize your compensation and counter attempts to minimize your claim based on helmet use.
