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Texas has a very lax helmet law for motorcyclists: only those riders ages 20 and under are required to wear a helmet while riding. If you were not violating the law at the time of your motorcycle accident, you should not be penalized for your injuries. At the Law Office of Julie Johnson PLLC, a motorcycle accident attorney in Dallas Julie Johnson can help you to prove that your lack of helmet was in no way related to the cause of your accident, nor should it be held against you in recovering damages.
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How To File A Claim After A Motorcycle Accident, Not Wearing A Helmet?
Texas has a very lax helmet law for motorcyclists: only those riders ages 20 and under are required to wear a helmet while riding. Nonetheless, the absence of a helmet is often used as a defense in a motorcycle accident claim, with the at-fault party claiming that the motorcyclist should have been helmeted.
How Fault is Determined in a Motorcycle Accident Claim? In Texas, drivers handle paying for the accidents that they cause. Therefore, the party who was operating his or her motor vehicle irresponsibly, negligently, or carelessly at the time of the crash is the party who is considered to be at fault. Typically, these behaviours cause crashes. Drinking and driving Speeding Distracted driving Aggression
Considering Motorcyclist’s Injuries Assuming that the injuries suffered by the motorcyclist are not injuries that could have been prevented or reduced by the use of a helmet—such as a burn—it’s unlikely that damages will be reduced because the motorcyclist wasn’t helmeted. However, if the damages sustained may have been reduced by the use of the helmet—like a traumatic brain injury—then the insurance company may try to argue that the motorcyclist knew or should have known of the inherent dangers of riding un-helmeted.
Building a Case with the Help of an Attorney If you weren’t violating the law at the time of your motorcycle accident, you shouldn’t be penalized for your injuries. At the Law Office of Julie Johnson PLLC, motorcycle accident attorney in Dallascan help you to prove that your lack of helmet was in no way related to the cause of your accident, nor should it be held against you in recovering damages. Julie Johnson
Contact Details Phone 214-290-8001 Address Website 12222 Merit Drive, Suite 1202 Dallas, Texas 75251 https://www.juliejohnson law.com/contact-us/