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Helmets: Are They Mandatory?

By October 23, 2017January 25th, 2024No Comments

According to the Advocates for Highway and Auto Safety, in 2013 4,668 people were killed in motorcycle accidents. Also, 88,000 people were seriously injured due to motorcycle accidents. It is estimated that 1,630 lives were saved by helmets in 2013 and close to 800 more lives could have been saved if the operator was wearing a helmet.

Before 2009, the answer to this question would be, “are you covered by a minimum of $10,000 in health insurance for injuries incurred in a motorcycle accident”. If not, then yes it is mandatory for you to have a helmet on at all times while operating a motorcycle. If you are covered, then no it is not mandatory, but highly encouraged to wear a helmet. However, on June 19, 2009, Governor Rick Perry signed a law stating that all persons under the age of 21 must wear a helmet. Over the age of 21, a person is exempt from wearing a helmet if he or she has completed a motorcycle operator training course.

How Riding Without a Helmet Can Affect Your Personal Injury Case:

Riding without a helmet is a life or death decision. It can also affect your personal injury case in the event that you are in an accident where the other person is liable. However, if you are under the age of 21 and have failed to wear a helmet during an accident where you are the victim, the chances of you having a successful case are very slim. As a motorcycle operator, it is your duty to provide proper safety gear. The failure to do this is considered negligence on your part. The defense team will be able to use your own negligence as a part of their defense. Although, if your injury is only a broken arm, then it will be difficult for the defense to blame the lack of a helmet.

Here at the Witt Law Firm, we encourage people of all ages to practice proper safety procedures such as wearing a helmet! If you or a loved one has been the victim of a motorcycle accident and have sustained injuries due to the accident, you are highly encouraged to seek out a personal injury attorney.

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The Witt Law Firm, P.C.
1500 Broadway Street
Suite 102A
Lubbock, TX 79401

Principal Office Lubbock, Texas.
Licensed in Texas and New Mexico.