Houston is an excellent place for outdoor activities when the weather cooperates. Many people choose to ride bikes as a form of exercise or leisure. However, risks are associated with getting around on a bicycle, such as collisions with automobiles.
Our dedicated legal team with KGS Law Group is well acquainted with Houston bicycle helmet laws. We could help you determine if you have a viable case to receive compensation for any harm you suffered due to a wreck. Schedule an initial consultation with one of our reliable bike crash attorneys today to learn more.
Local Laws On Bicycle Helmets
In Texas, it is legal for anyone to operate a bicycle without wearing a helmet. The Texas Legislature has made multiple attempts to enact statewide helmet laws, but those attempts have consistently failed. However, some cities and towns have local regulations mandating their usage.
In Houston, bike helmet laws are mainly targeted towards minors. Anyone under the age of 18 must wear protective headgear while riding a bicycle. This applies to cyclists and passengers on bikes within the city limits. While adults are not required to wear them, they can be held criminally liable for permitting or allowing a child under 14 to ride a bike without a helmet.
Despite the lenient laws, The National Highway Traffic Safety Administration (NHTSA) recommends everyone wear a bike helmet. Drivers do not always watch out for cyclists, which can lead to catastrophic bicycle accidents. A knowledgeable Houston attorney could provide further legal information about the importance of helmets when riding a bicycle.
How Wearing a Bike Helmet Affects a Case
In a personal injury case, each party’s liability defines the amount of financial recovery a plaintiff can receive. Texas follows a modified comparative negligence model. Under this standard, an injured person can obtain a monetary award if the percentage of fault contributing to the collision is 50% or less. If they are found to be more than 50% liable, they are excluded from recovering any compensation.
Failing to wear a helmet can affect the total damages someone can receive. The court or jury determines the percentage of fault for each party involved in an incident. They will often consider failure to wear a helmet to be “comparative negligence” on the plaintiff’s part. This is especially likely if the wreck directly resulted in a brain or skull injury that a helmet could have prevented.
This model aims to ensure that a party primarily responsible for their own harm does not receive compensation. Additionally, it allows partially at-fault plaintiffs to get the financial recovery they deserve. It is wise to hire a skilled Houston lawyer who could reduce their client’s liability in a bike crash case by proving they followed local helmet laws.
Schedule a Consultation With a Houston Attorney to Discuss Bicycle Helmet Laws Today
Choosing not to use safety gear can affect your own well-being and the outcome of a lawsuit. Wearing a helmet is always a wise choice, and Houston bicycle helmet laws are implemented to prevent injuries and protect cyclists.
If you or your loved one has been hurt in a cycling accident due to a reckless driver, do not hesitate to contact our legal team. Our compassionate personal injury attorneys could review your case, negotiate with insurance companies, and help you pursue damages in court.