Despite their benefits, motorcycle helmets remain at the center of certain controversy. Some people believe the government should leave the decision to wear helmets up to individual riders, leading them to resist helmet mandates. Many, however, accept that helmets reduce the risks of injury or death in motorcycle accidents.
In fact, studies show that helmets reduce the risk of head injuries by 69% and reduce the risk of death, as well: by 37% for operators and 41% for passengers. Furthermore, the Centers for Disease Control estimated that motorcycle helmets saved approximately 1,900 lives in a recent year.
If you’ve been injured in a motorcycle crash in Dallas, Texas, contact Jay Murray Personal Injury Lawyers for legal help. Our Dallas motorcycle accident attorney can help you obtain the compensation you need and deserve. Contact us online or call (214) 855-1420 today for a free, no-risk consultation.
How Jay Murray Personal Injury Lawyers Can Help After a Motorcycle Crash in Dallas, TX
A motorcycle accident in Dallas, TX, can cause several severe head, neck, and back injuries, even if you wear a helmet. Should you sustain an injury in a motorcycle accident, contact Jay Murray Personal Injury Lawyers to discuss your injuries and the financial compensation you can pursue under Texas law.
We are a premier personal injury law firm with an office in Dallas, Texas. Over the past 25 years, we have recovered over $110 million in settlements and damage awards for injured clients. After a motorcycle accident, we can help by:
- Calculating the full value of your damages and demanding fair compensation from the at-fault party
- Hiring experts to improve the strength of your claim as needed
- Negotiate with the opposing party on your behalf
- Bring your case to court by filing a personal injury lawsuit if necessary
We’re highly passionate about helping accident victims in the area, as we believe that negligent parties should be held accountable for their actions. Contact our law office today to get started.
Why Do States Have Motorcycle Helmet Laws?
In the late 1960s, Congress passed a transportation bill that authorized the U.S. Department of Transportation to withhold portions of states’ highway funding if they did not pass universal motorcycle helmet laws. In response, 47 states and the District of Columbia passed laws requiring all motorcyclists to wear helmets.
However, in 1975, Congress stripped the penalties for states without such laws, leading most states that implemented universal motorcycle helmet laws to repeal or scale them back in response. Only one of the original holdouts, California, passed a universal motorcycle helmet law after the penalties were rescinded.
Regarding helmet laws in Texas, the state has a love-hate relationship with them. It passed a universal helmet law to avoid losing highway funding in the 60s, repealed it after Congress eliminated the penalties, and then passed it again in 1989 in response to rising motorcycle deaths, only to modify it in 1997 to cover only certain motorcyclists.
In a study of Texas motorcycle crash injuries that occurred before and after the 1997 modification, researchers discovered the following:
- Helmet use fell from 97% to 66%
- Motorcycle crash deaths increased by 31%
- The percentage of motorcyclists treated for traumatic brain injuries grew
As such, even if you do not need to wear a helmet under Texas law, you should still consider wearing one.
Requirements Under Texas’s Motorcycle Helmet Law
Contrary to popular belief, Texas has a motorcycle helmet law in place, and many unhelmeted riders violate it consistently. The problem, however, is that the state has made it virtually impossible for any agencies to enforce the law.
In further detail, Texas’ helmet law requires all motorcycle operators and passengers to wear a helmet, but exceptions are made for riders over 21 years old who have either passed a motorcycle safety course or have health insurance that will cover the cost of their injuries from a crash. Police officers, however, are prohibited from stopping motorcyclists to determine whether they have health insurance or have completed a motorcycle safety course.
Some riders must still wear a helmet, but Texas has made its mandates so narrow that the police cannot enforce them except in the most obvious cases. For example, an officer can stop the rider if an operator has an unhelmeted child passenger.
Liability for Helmetless Injuries
If you suffer an injury while riding helmetless, you might not recover all your losses in an injury claim. Under the doctrine of comparative fault, your share of the fault can reduce your settlement or damages. For example, if a claims adjuster assigns you 30% of the fault for your injuries, you will only get 70% of your losses.
You know that wearing a helmet can protect you from head injury or death in a crash, but failing to wear a helmet also exposes you to being blamed for those injuries.
Schedule a Free Consultation With Our Dallas Motorcycle Accident Law Firm
Motorcycle crashes can cause catastrophic brain, head, and facial injuries. Contact Jay Murray Personal Injury Lawyers for a free consultation to discuss your motorcycle crash injuries and the compensation you can pursue for them.
