Can You Sue for a Bicycle Accident in Texas if You Weren’t Wearing a Helmet?

Being involved in a bicycle accident can be a traumatic and life-altering experience, often leading to significant physical injuries and financial burdens. Wearing a helmet is always recommended to help reduce the risk of head trauma, but what if you weren’t wearing one during the accident? In Texas, the absence of a helmet doesn’t necessarily prevent you from seeking compensation for your injuries. However, it’s important to understand how the law works in these cases and how not wearing a helmet might impact your claim.

Are Helmets Required for Cyclists in Texas?

Texas is known for its relatively lenient laws when it comes to helmets and cycling. The state does not have a statewide requirement for cyclists of any age to wear helmets. While some cities within Texas, such as Dallas and Austin, have enacted local ordinances mandating helmet use for minors, many other areas, including Fort Worth, do not impose such rules. This means that, as an adult cyclist in Fort Worth, you are not legally required to wear a helmet while riding your bicycle.

Despite the lack of helmet laws for adults, it is crucial to remember that helmets play a critical role in protecting cyclists from severe head injuries. According to the Centers for Disease Control and Prevention (CDC), helmets can reduce the risk of head injury by as much as 60%, which is particularly important in high-impact accidents involving motor vehicles. While choosing not to wear a helmet may not break the law in most of Texas, it could influence how your case is viewed, especially if you suffer from a head injury.

What Impact Does Not Wearing a Helmet Have on Your Case?

Even though the state of Texas does not mandate helmets for cyclists, the choice not to wear one can still play a role in personal injury cases. Insurance companies, along with the defense, may argue that the severity of your injuries could have been reduced had you been wearing a helmet. This tactic is commonly used in an effort to limit the amount of compensation you may be entitled to in a lawsuit. However, it’s important to note that Texas follows a comparative negligence system, which determines the degree to which your actions contributed to your injuries.

Under Texas’s modified comparative negligence law, you can still recover damages as long as you are found to be less than 51% at fault for the accident. For instance, if the court or an insurance company determines that you were 20% responsible for your injuries because you were not wearing a helmet, your total compensation may be reduced by that same percentage. If you were awarded $100,000 in damages, you would only receive $80,000 due to your share of responsibility. As long as you are not found to be more than 50% responsible, you can still pursue compensation for your injuries.

Can You File a Lawsuit if You Were Not Wearing a Helmet?

The simple answer is yes, you can still file a personal injury lawsuit if you weren’t wearing a helmet during your bicycle accident in Texas. Not wearing a helmet does not disqualify you from seeking compensation for damages such as medical bills, lost wages, and pain and suffering. However, the defense may attempt to use the fact that you were not wearing a helmet as a way to minimize the value of your claim, particularly if your injuries involved head trauma.

In these cases, the strength of your lawsuit will largely depend on establishing the other party’s negligence. To hold another party liable for your injuries, you will need to demonstrate that they acted carelessly or recklessly, which led to the accident. This might include a driver failing to yield to a cyclist, distracted driving, or violating traffic laws. Gathering evidence such as witness statements, police reports, and medical records will be crucial to proving the other party’s negligence and securing the compensation you deserve.

Our experienced bicycle accident attorneys at Barrow Law are well-versed in handling cases where the absence of a helmet is used as a defense tactic. We work diligently to minimize the impact of these arguments and focus on establishing the primary cause of the accident—whether it’s the negligence of another driver, poor road conditions, or faulty equipment. By building a strong case, we aim to maximize the compensation our clients receive for their injuries.

Understanding the Full Scope of Damages in Bicycle Accidents

When filing a lawsuit after a bicycle accident, it’s important to consider the full extent of the damages you’ve sustained. These damages are not limited to just medical bills but can also include long-term effects on your life and well-being. In many cases, bicycle accident injuries lead to significant losses beyond initial medical treatment, such as ongoing therapy, rehabilitation, or even permanent disability.

In Texas, you can claim both economic and non-economic damages in a personal injury lawsuit. Economic damages cover tangible losses, such as medical expenses, lost wages due to time away from work, and future medical treatments. Non-economic damages, on the other hand, compensate for more subjective losses, such as pain and suffering, emotional distress, and diminished quality of life. If your accident was caused by a negligent driver, it’s vital to ensure all of these factors are accounted for when determining the value of your claim.

How Can Barrow Law Help You After a Bicycle Accident?

If you’ve been involved in a bicycle accident in Fort Worth, the legal process can seem overwhelming, especially when you are dealing with serious injuries. Whether or not you were wearing a helmet, the fact remains that you have the right to pursue compensation for the injuries and losses you have suffered. At Barrow Law, we understand the tactics that insurance companies use to reduce payouts, and we are committed to fighting for the compensation you deserve.

Our legal team will work with you to gather the necessary evidence, investigate the circumstances of the accident, and determine who is at fault. We can also consult with medical experts to assess the full extent of your injuries and how they will impact your life moving forward. This thorough approach allows us to build a compelling case that addresses all aspects of your claim, ensuring that you receive fair compensation for your injuries, medical expenses, and other damages.

Whether the accident was caused by a reckless driver, hazardous road conditions, or other factors, our team at Barrow Law is ready to stand by your side. If you’ve been injured in a bicycle accident in Fort Worth, Texas, don’t hesitate to reach out to us. You can contact us to schedule a free consultation and discuss your legal options.