Unlike many other states, Texas state law is silent on the use of helmets. Ultimately, wearing or not wearing a helmet is the personal choice of the rider. Wearing a motorcycle helmet in McKinney could prove hugely helpful in the event of a crash, but a rider is neither criminally or civilly liable for declining to wear one. If you have been injured in a crash, reach out to a motorcycle accident lawyer for help no matter what.
The US Department of Transportation recommends that motorcycle riders wear helmets, but they have no rule of jurisdiction to enforce a requirement that helmets be worn. They leave that as a state-by-state issue, so motorcyclists who travel between states should learn the helmet laws in each state they visit. It is always best to have a helmet when riding across state lines, not only for safety but to ensure that the person is compliant with the stricter state laws elsewhere.
Of the states that border Texas, Louisiana mandates helmet use for all motorcycle riders, and Arkansas mandates their use by any rider under the age of 21.
A helmet protects riders of motorcycles from an impact just as a helmet protects a football player from the collision of a tackle or block. There have been incredible advances in helmet technology just over the last two or three years. In football, helmets provide protection as well as crush zones in which impact is absorbed. This can help prevent brain injuries and, if a brain injury occurs, lower its intensity. Now, that same technology is being used in motorcycle helmets, making helmets safer and lighter than they have ever been.
Every brain injury is unique, and every brain injury can be devastating. Nonetheless, the less structural damage that the brain takes, generally, the better will be the cognitive abilities of that person after their injury. When a head injury occurs, the body sends blood cells to the site of the injury to try to repair the damage. That causes swelling. This will increase the intracranial pressure, or ICP. Increased intracranial pressures often lead to brain herniation and death if they are not controlled in the acute phase after an injury. Even when ICP is controlled, the process is difficult and may involve harsh drugs that have other severe side effects.
When a rider uses a helmet, those acute injuries do not occur as often. Instead, the injured person often deals with sub-acute injuries that, while not life-threatening, can still result in the loss of certain functions over time.
Damage to the structure of the brain or cognitive changes can occur that change that person’s personality and mental abilities. Many modern studies show that both the incidents of these sub-acute injuries and the degree of these injuries are lessened by the use of good helmets.
Wearing or failing to wear a motorcycle helmet in McKinney should not affect your right to pursue a personal injury claim following a crash. If you have been injured, an attorney could collect evidence, depose witnesses, work to negotiate a settlement, and pursue the compensation that you deserve. Contact a lawyer today for help.
McCraw Law Group