The Importance of Wearing a Helmet: Reducing the Risk of Severe Brain Injuries in Motorcycle Accidents

A helmet can easily save your life. Whether you’re riding a motorcycle or a bicycle, helmet use is a smart choice that significantly reduces the risk of severe brain injuries in accidents. If you’ve suffered a major head injury while riding in Texas, you already know how serious these accidents can be. A head injury can affect you for the rest of your life, changing not only your mental and physical well-being but also your very personality.

If you or a loved one sustained a brain injury due to a motorcycle accident, call David Sanchez Law Group, PLLC today for a free consultation at (972) 529-3476.

What are the Motorcycle Helmet Laws in Texas?

Texas recognizes the potential of helmets for motorcyclists and enforces their use in many situations:

• All riders under the age of 21 must wear helmets, with no exceptions.
• Riders over 21 may be exempt from helmet requirements, but only in certain cases.
• In 2009, Texas created a law allowing motorcyclists over 21 to refuse helmet use if they have valid health insurance meeting specific requirements.
• Police cannot pull motorcyclists over solely based on their failure to wear a helmet.

Despite these exemptions, Texas strongly encourages all riders to wear helmets due to their proven ability to reduce serious injuries and fatalities. Critics of these laws, often embracing a “live free or die hard” mentality, argue that the government shouldn’t dictate personal safety choices.

The Consequences of Not Wearing a Helmet

If you’re in an accident without a helmet, the implications can be severe:

1. Medical Costs: Your health insurance (which you’re required to have if not wearing a helmet) may cover immediate medical costs, including hospital treatment and rehabilitation.
2. Lost Income: A severe head injury can impact your ability to work, potentially leading to significant lost income if you can no longer perform your job duties due to cognitive decline or motor control issues.
3. Non-Economic Damages: Head injuries often result in non-economic damages such as:

• PTSD
• Emotional distress
• Loss of enjoyment of life
• Pain and suffering
• Depression and anxiety

These issues may persist long-term, significantly impacting your quality of life.

Legal Implications of Not Wearing a Helmet

Texas follows a “modified comparative negligence” doctrine. This means:

• You can still pursue compensation even if you weren’t wearing a helmet.
• Your compensation may be reduced based on your level of fault.
• For example, if courts determine your failure to wear a helmet represents 33% fault, your compensation would be reduced by 33%.

Given the potential for extensive damages, pursuing a personal injury lawsuit might be more beneficial than relying solely on health insurance. However, this process requires proving negligence and can be more complex than filing an insurance claim.

What to Do After a Motorcycle Accident

1. Seek immediate medical attention.
2. Document the accident scene if possible.
3. Keep records of all medical treatments and expenses.
4. Consult with an experienced motorcycle injury lawyer to understand your rights and options.

Remember, while helmets significantly reduce the risk of severe brain injuries, they can’t prevent all injuries. Always ride safely and follow traffic laws.

If you or a loved one were injured in a motorcycle accident, regardless of helmet use, it’s crucial to understand your legal options. An experienced motorcycle injury lawyer can help you navigate the complexities of your case and work towards securing the compensation you deserve for your injuries and damages.

If you have been searching for an experienced motorcycle injury lawyer in Texas, look no further than David Sanchez Law Group, PLLC. With our help, you can explore potential sources of compensation for your head injury. We understand how traumatic and life-altering these incidents can be, and we are ready to guide you toward positive outcomes. Depending on your circumstances, you may be able to recover compensation for loss of enjoyment of life, emotional distress, PTSD, and other ailments. Call today for your free consultation at (972) 529-3476 and get started with an effective action plan.