Cycling is a fantastic alternative to driving. It allows you to take advantage of the warm sunlight while riding on the neighborhood trails or avoiding traffic on your morning commute to work. Unfortunately, a collision with a vehicle could cause devastating damage because you are less protected while on a bike. While you are not required to wear one under the Katy bicycle helmet laws, our attorneys believe that this should not prohibit your right to seek compensation from the negligent driver.
If you have been hurt, come in and talk to one of our experienced bicycle wreck attorneys at KSG Law PLLC about your case. Our team is committed to making sure that you are not unfairly blamed for your injuries when the real cause of the crash lies with someone else.
How Do State and Local Rules Impact Claims?
Texas law does not require every cyclist to wear a helmet. Instead, it allows cities and counties to create their own ordinances about it if the residents so desire. The city of Katy does not currently mandate that riders wear a helmet. This could be an issue in court or settlement discussions if a claim involves a head injury. Texas follows a modified comparative negligence rule under the Texas Civil Practice and Remedies Code § 33.001, which means that a claimant may not recover any compensation if they are more than 50 percent responsible.
In practice, this means that there could be disputes over what, if any, responsibility the driver has for certain injuries in a bike accident. For example, the driver may be at fault for causing a crash if they ran a stop sign, but argue that the cyclist’s injuries were worse because they were not wearing a helmet.
How Insurers Take Advantage
Insurance companies often raise this issue to limit payouts. Adjusters may argue that the bike rider could have avoided a head injury by wearing a helmet and justify a lower settlement. This strategy places unfair blame on the cyclist rather than on the negligent driver. A knowledgeable attorney could respond with medical testimony, accident reconstruction, and evidence of traffic violations to keep the focus on the driver’s conduct.
Insurers also frame discussions around helmet use as though Katy has a universal helmet law for cyclists, which it does not. By highlighting the full impact of the crash, an attorney could ensure that a helmet dispute does not overshadow the driver’s responsibility.
Helmet Issues in the Courtroom
Courts often separate the cause of an accident from the severity of injuries, but defendants can still sway jurors with arguments about safety gear. A skilled lawyer prepares for this challenge by emphasizing the driver’s legal duty of care.
Because Katy does not have its own strict regulations on bicycle helmets, jurors must instead apply usual negligence standards when deciding damages. This reminds jurors that, regardless of helmet use, drivers carry clear responsibilities when sharing the road. Keeping the focus on that duty is key to a fair result.
Consult Our Katy Attorneys About Bicycle Helmet Laws
Collisions between bicycles and vehicles often involve complex disputes about negligence, the severity of the injuries, and safety equipment. Knowing how Katy bicycle helmet laws affect your case is essential to protecting your right to compensation.
Our team is ready to review your situation, explain how insurers may exploit the issue of helmet use, and fight for the full compensation available under state law. If a bicycle accident caused harm to you or a loved one, we could advocate for your recovery and future. Contact KGS Law PLLC today for a free consultation to begin the process.