From helmet requirements to liability rules, Texas has specific regulations every motorcycle rider should understand. If you’re a motorcyclist in Texas, knowing how the state’s laws differ from those in other states is essential for staying safe and protecting your rights in case of an accident.
At Byrd Davis Alden & Henrichson LLP, we understand the unique challenges motorcyclists face after an accident. Our firm has been representing injured clients in Texas since 1959, and we have a well-earned reputation for handling significant personal injury cases. We’re here to help you navigate the legal landscape, ensuring that you’re informed and supported every step of the way. With our extensive trial experience and commitment to achieving fair settlements, we may be able to provide the legal guidance you need during this difficult time.
What Riders Should Know About Texas’s Motorcycle Accident Laws
Whether you are a seasoned rider or new to Texas roads, it is important to grasp how state-specific regulations might affect your case if you are involved in an accident. Here’s what you should know:
Texas Helmet Requirements
In Texas, riders under 21 are required by law to wear a helmet. However, riders over 21 can legally ride without a helmet if they meet certain criteria, such as having completed a motorcycle safety course or having adequate health insurance coverage. This is in contrast to states with universal helmet laws, where all riders must wear helmets regardless of age or experience.
In states with universal helmet laws, not wearing a helmet can affect a rider’s ability to recover compensation after an accident. In Texas, while not wearing a helmet might not bar you from recovering damages, it can still impact the compensation you receive. Insurance companies might argue that your injuries would have been less severe if you had been wearing a helmet, potentially reducing the amount of your settlement.
Comparative Negligence in Texas
Texas follows a modified comparative negligence rule, meaning if you are found to be more than 50% at fault for the accident, you may not be able to recover any damages. However, if you are 50% or less at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault.
Some states follow a pure comparative negligence rule, where you can recover damages no matter how high your percentage of fault, though your compensation will still be reduced accordingly. Others use a contributory negligence rule, where any fault on your part can bar recovery altogether. How Texas’s comparative negligence rules apply to your case will be fundamental in determining your legal strategy and potential compensation.
Insurance Requirements and Claims
Texas law requires motorcyclists to carry liability insurance with minimum coverage amounts of $30,000 for bodily injury per person, $60,000 per accident, and $25,000 for property damage. These minimums are similar to those required for passenger vehicles, but they may not be sufficient to cover the full extent of damages in a severe motorcycle accident.
While not mandatory, it’s advisable for Texas motorcyclists to carry uninsured/underinsured motorist coverage to protect themselves in case they are involved in an accident with a driver who doesn’t have sufficient insurance. Some states require this coverage, but in Texas, it is an optional add-on.
Statute of Limitations
In Texas, you generally have two years from the date of a motorcycle accident to file a personal injury lawsuit. This time frame is similar to many other states, but it’s important to act quickly to preserve evidence and witness testimony that can strengthen your case.
There are certain exceptions to the statute of limitations, such as cases involving minors or when the injury wasn’t immediately discovered. However, these exceptions are rare, and it’s vital to consult with a lawyer as soon as possible to ensure your rights are protected.
How Byrd Davis Alden & Henrichson LLP Can Help
At Byrd Davis Alden & Henrichson LLP, we have a deep understanding of Texas motorcycle accident laws and how they differ from those in other states. Our experience and dedication to our clients mean we’re prepared to tackle the complexities of your case head-on. Whether you’re dealing with insurance negotiations or preparing for trial, we’re committed to securing the compensation you deserve.
If you’ve been involved in a motorcycle accident in Texas, don’t navigate the legal process alone. Contact us at (512) 454-3751 or fill out our contact form here to schedule a consultation. We’re here to answer your questions, explain your options, and provide the strong legal representation you need.
