Should I Wear a Helmet While Riding a Motorcycle in Texas?


According to state law, people do not have to wear helmets when riding a motorcycle in Texas. However, many motorists believe that, in the event of a wreck, motorcyclists are partially at fault for their own injuries if they do not wear a helmet. While a jury would be instructed by a judge not to consider that, the reality is that they might.

Legal Benefits of Motorcycle Helmets

Knowing that choosing not to wear a helmet is something that a jury might consider anyway, motorcyclists should always wear safety gear, if for no other reason than legal practicality. To win these types of cases, attorneys must show that motorcyclists are responsible people who operate their bikes in a reasonable manner and do everything they can to protect themselves.

The law does not say it outright, but practical realities often mandate that an injured motorcyclist’s case can be bolstered by proving that they behave responsibly, such as by taking all necessary safety measures to prevent harm. By wearing a helmet, a motorcyclist can more easily demonstrate that they are a responsible, safe rider. In the same vein, it is just as important for motorcyclists to obey traffic laws and even attend motorcycle safety courses periodically in order to maintain good driving records and renew safe habits.

Personal Benefits of Safety Gear

Beyond potential legal concerns, wearing a helmet is also a good choice for maintaining both your physical health and financial wellbeing. It does not take much for a person to have a closed-head injury, and if they have a bad brain injury or other catastrophic injuries, they might need disability insurance to be able to replicate their lifestyle regardless of whether or not they have health insurance.

Despite the expenses and headaches that may come with it, having health insurance is preferable to not having it. Motorcycle accidents often result in substantial damages that the average rider might not have adequate coverage to deal with. In such situations, having health insurance can be critical.

Even though the insurer might subrogate or seek a portion of the recovery, they can get their healthcare taken care of at a reduced rate compared to a cash rate. Attorneys are often able to negotiate further the subrogation interest that that insurer has, the net effect of which is to benefit the injured motorcyclist.

Motorcyclists are not always people living life on the edge or are otherwise irresponsible—they are often people who simply enjoy motorcycles. Either way, bikers should do the work necessary to ensure that they responsibly ride their motorcycle so that they lower their chances of getting hurt. With that in mind, the answer to the question of whether you should wear a helmet while riding a motorcycle should always be “Yes,” even without state law requiring it of you.

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