If you were hurt in a Dallas, TX, motorcycle crash, you might wonder how using a helmet affects your legal rights.
A Dallas motorcycle accident lawyer at Trujillo Gonzalez, P.C. can explain how these laws apply to your case. Call us today at (972) 550-6818 to schedule a free consultation.
Why Choose Trujillo Gonzalez, P.C. After a Dallas Motorcycle Accident?
Motorcycle riders face biases and stereotypes after a crash. It’s an unfair truth, but it happens. The insurance adjuster will look for any reason to paint you as a risky or dangerous rider, including citing non-helmet use. You need a Dallas motorcycle accident attorney who can tell the truth about what happened and protect your right to full compensation.
Riders across Dallas, Texas, trust our firm because:
- Our founding attorney James Trujillo has taken over 300 trials and arbitrations to verdict
- We have recovered some of the top awards in the state, including millions recovered to date
- We’ve been recognized by leading organizations like Texas Lawyer Magazine, Dollar and Multi-Million Dollar Advocates Forum, and others
- We have decades of combined experience handling personal injury cases, including complex car accident, truck accident, and motorcycle accident cases.
- We work on a contingency fee basis and only recover attorney fees if we win
- We are fluent in English and Spanish
Reach out today to speak with a personal injury lawyer dedicated to keeping insurers from unfairly reducing your case value.
Helmet Laws for Motorcyclists in Texas
Texas does not have a universal helmet requirement. Under Texas Transportation Code Section 661.003, motorcycle riders and passengers under age 21 must wear approved helmets at all times without exception.
Riders 21 and older can legally ride without a helmet if they meet specific conditions. Specifically, they must:
- Complete an approved safety course, or
- Carry health insurance with minimum coverage for motorcycle injuries.
Anyone who does not meet these requirements must wear a helmet regardless of age. Police officers cannot stop you solely to check if you are compliant with helmet laws; it is not a primary offense. But they can verify your status during a lawful traffic stop.
Insurance Requirements and Rules for Other Safety Gear
Helmets are not the only safety requirement under state law. All riders must wear eye protection (e.g., goggles, safety glasses, or a visor), unless the motorcycle has an adequate windshield.
For financial responsibility, Texas requires riders to maintain minimum liability coverage limits of 30/60/25: $30,000 for bodily injury per person, $60,000 total per accident, and $25,000 for property damage. You must carry proof of insurance on every ride.
The health insurance exemption tied to the helmet law creates a separate insurance obligation. Under Vehicle Code Section 661.003, a rider 21 or older can shed a helmet only if they carry health insurance with at least $10,000 in medical benefits covering their own injuries from a motorcycle accident.
The motorcycle itself must also meet safety standards, including a working headlight visible from 300 feet and a rearview mirror showing at least 200 feet behind you..
Crash Statistics for Riders Without Helmets in Texas
Even when not required by law, research shows helmets provide substantial protection. According to federal health agencies, wearing a helmet lowers the risk of head injury by roughly 69 percent and reduces fatalities by about 37 percent in severe crashes.
According to the Texas Department of Transportation, 559 motorcyclists died in one recent year, with unhelmeted riders making up about one-third of those fatalities. Serious injury data showed similar statistics, with over 800 riders injured while not wearing helmets during that same period.
Common Motorcycle Accident Injuries in Dallas, TX
Motorcycle crashes routinely leave riders with serious injuries from the initial strike from the motor vehicle and the second impact with the ground or stationary object.
Our attorneys regularly represent victims with injuries such as:
- Traumatic brain injuries
- Spinal cord damage and paralysis
- Severe road rash
- Multiple or compound fractures
- Internal organ injuries
- Facial trauma
- Crush injuries
- Traumatic amputation
- Wrongful death
While helmet use and protective gear can mitigate some of the worst impacts, they rarely make a significant difference when a car strikes a motorcycle.
How Will Not Wearing a Helmet Affect My Motorcycle Accident Claim?
If you were legally allowed to ride without a helmet, not wearing one does not automatically disqualify you from recovering compensation. Texas uses a modified comparative negligence system codified in Chapter 33 of the Texas Civil Practice and Remedies Code. Injured riders can seek compensation as long as they are no more than 50% at fault. Partial fault means your total payout will be reduced by your percentage of fault.
However, adjusters and defense attorneys may claim that going helmetless made your injuries worse (even if it had nothing to do with causing the crash itself). This argument targets the severity of your injuries rather than who caused the accident. Providing safety course certificates or proof of health insurance can help fight claims that you were at fault for not wearing a helmet.
Contact a Dallas Motorcycle Accident Lawyer for a Free Consultation
Insurance companies should not use safety gear arguments to unfairly reduce your claim. Trujillo Gonzalez, P.C. knows how to counter exaggerated fault claims related to helmet use.
We can help by:
- Investigating the crash scene and gathering police reports, witness statements, and video footage
- Evaluating how wearing a helmet affects your claim to fight unfair fault arguments from adjusters
- Calculating the total cost of your medical care, lost wages, and reduced future earnings
- Identifying all responsible parties, such as other drivers, vehicle manufacturers, or government agencies
- Pushing back against unfair bias and stereotypes insurance companies use to lower payouts
- Handling all calls, messages, and settlement negotiations with insurance companies for you
- Proving you followed legal safety rules and gathering evidence to support your case
- Preparing your case for trial if the insurer refuses to offer a fair payout
Contact us today to schedule a free case evaluation with an experienced Dallas motorcycle accident attorney.
Visit Our Dallas Motorcycle Accident Law Office
Trujillo Gonzalez PC – Dallas
1111 W Mockingbird Ln #260,
Dallas, TX 75247, United States
Phone: (972) 550-6818
Open 24/7
