No Helmet Motorcycle Accident Lawyers in Austin, Texas

One of the biggest misconceptions in motorcycle accident cases is that a rider who was not wearing a helmet cannot recover compensation. This is simply not true. In Texas, riders over the age of 21 who meet certain insurance or safety course requirements are legally permitted to ride without a helmet under Texas Transportation Code Section 661.003. Even if a rider was not wearing a helmet, the driver who caused the accident is still liable for the crash itself.

Insurance companies love to focus on helmet use as a way to reduce the value of a claim. They argue that the rider's injuries would have been less severe if a helmet had been worn. While Texas does allow a "failure to mitigate damages" defense in limited circumstances, the at fault driver cannot use this argument to escape accountability for causing the accident. The negligent driver is still responsible for all injuries and damages that flow from the collision.

It is critical to understand that not wearing a helmet does not cause an accident. A distracted, reckless, or intoxicated driver who strikes a motorcyclist is the cause of the crash. The absence of a helmet may be relevant to the extent of head injuries, but it has no bearing on who was at fault for the collision. Our firm works to keep the focus on the negligent driver's conduct and ensure that our clients receive full and fair compensation.

Medina & Medina has successfully represented motorcyclists in Austin who were not wearing helmets at the time of their accidents. We counter the insurance company's helmet defense with medical expert testimony and evidence that demonstrates the full impact of the defendant's negligence. If you were injured in a motorcycle accident without a helmet, do not assume you have no case. Call us today for a free consultation and let us fight for you.