Motorcycle riders in Texas face unique risks. While many riders take safety seriously, including wearing helmets, others ride without one—especially since Texas law allows it under certain conditions. But when an accident happens, that decision can have a major impact on your injury claim.
At Hildebrand & Wilson, LLP, we’ve represented countless motorcycle accident victims throughout Pearland and across Texas. We know how helmet use—or lack of it—can influence the insurance company, a judge, or a jury. Here’s what riders need to understand.
What Are Texas Motorcycle Helmet Laws?
In Texas, riders under 21 years old are required to wear a helmet. However, riders over 21 can legally go without a helmet if they meet two conditions:
- They have completed a Texas Department of Public Safety-approved motorcycle training course.
- They carry at least $10,000 in medical insurance coverage for motorcycle injuries.
Even though the law allows helmetless riding under certain conditions, that doesn’t mean it won’t impact your legal case if you’re injured.
How Not Wearing a Helmet Affects Injury Claims
Legally speaking, not wearing a helmet does not automatically prevent you from seeking compensation. You can still file a personal injury claim. But here’s the catch: insurance companies may argue that your injuries were worse because you didn’t wear one. That argument, if successful, can reduce the amount of compensation you receive.
Texas follows the modified comparative fault rule. That means if you are found partially at fault for your injuries, your compensation will be reduced by your percentage of fault. If you’re more than 50% at fault, you get nothing.
Let’s say you were hit by a car that ran a red light. But you weren’t wearing a helmet, and you suffered a serious head injury. The driver is clearly negligent, but the insurance company may claim you contributed to the severity of your injury by not wearing a helmet. If a jury agrees, you could be assigned partial fault—even though the accident wasn’t your fault.
When Helmet Use Doesn’t Matter
Helmet use typically matters only when the injury involves the head, neck, or brain. If you broke a leg, for instance, whether you wore a helmet is irrelevant. Our attorneys work to separate helmet use from the actual cause and extent of injury when it doesn’t apply.
Insurance companies often try to link helmet non-use to every injury. We challenge those claims with expert medical testimony, crash reconstruction, and decades of courtroom experience.
Building a Strong Motorcycle Injury Claim
At Hildebrand & Wilson, LLP, we know the tactics insurance companies use to undervalue or deny claims. That’s why we start preparing every case as if it’s going to trial—even if it settles early. We gather evidence such as:
- Police reports and traffic citations
- Witness statements
- Medical records and diagnosis history
- Helmet usage documentation (or proof of legal exemption)
- Video footage or dash cams, if available
We also work with medical experts to show exactly how the accident caused your injuries—and why your damages are still valid even if a helmet wasn’t worn.
What Can You Recover?
If someone else’s negligence caused your motorcycle accident, you may be entitled to recover:
- Medical expenses (including surgeries, rehab, long-term care)
- Lost wages and lost earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Wrongful death damages (if a loved one died in the crash)
In rare cases, punitive damages may also be awarded if the driver acted with gross negligence—such as driving drunk or recklessly.
Why Choose Hildebrand & Wilson, LLP?
Motorcycle accident cases are not like other personal injury claims. Riders face unfair bias from insurers and juries. At Hildebrand & Wilson, LLP, we understand that, and we fight it.
With over 1,000 cases handled across Texas, we’ve recovered millions for injured clients. We focus on personal attention, clear communication, and aggressive legal strategy. You’ll never be in the dark about your case. We use cutting-edge tools to keep you updated and always make ourselves available for questions or concerns.
Get Help from Experienced Texas Motorcycle Lawyers
If you or someone you love has been hurt in a motorcycle crash in Pearland or anywhere in Texas, don’t wait. The longer you delay, the harder it is to gather evidence and push back against insurance arguments—including those about helmet use.
Call Hildebrand & Wilson, LLP at 281-557-6406 or fill out our online contact form for a free, no-obligation consultation. We don’t get paid unless we win your case.