Cycling in McAllen is a popular way to travel and enjoy the community. However, bicycle accidents can lead to severe injuries, particularly when riders are not wearing helmets. Understanding McAllen bicycle helmet laws is important for protecting your rights after an accident.
A seasoned bicycle crash attorney from KGS Law PLLC could help you understand how these laws may affect your claim. Our team provides clear legal guidance, works to hold negligent parties accountable, and helps injured riders recover the compensation they deserve.
State and Local Bicycle Helmet Requirements
There is no statewide law requiring all bicyclists to wear helmets. However, certain cities have enacted their own regulations. Currently, McAllen does not have a local ordinance requiring helmets, but riders should be aware that other state municipalities may impose different rules. Parents are strongly encouraged to make sure their children wear helmets, as doing so can help prevent serious injuries.
Even without a city ordinance, the issue of helmet use can arise in an injury case. The state follows a comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001, which means that compensation may be reduced if the injured person is found partially at fault. If a rider was not wearing a helmet, the defense may argue that this contributed to the extent of the injuries. A McAllen attorney could address bicycle helmet regulations relevant to these arguments and protect your ability to pursue fair compensation.
How Helmet Laws Affect Bicycle Accident Claims
When handling bicycle accident claims, courts and insurance companies examine all the circumstances of the accident. While helmet use is not legally required in McAllen, it can still influence how liability is argued. Insurance adjusters may attempt to reduce settlements by claiming that not wearing a helmet increased the severity of head injuries. This makes it crucial to have strong legal representation, particularly when questions arise about how bicycle helmet laws relate to an injury claim.
An experienced attorney could present evidence showing that the primary cause of the accident was the negligence of a driver, property owner, or another party, not the lack of a helmet. By focusing on the true cause of the injuries, KGS Law PLLC works to safeguard clients from unfair blame and ensure their legal rights are upheld.
Steps To Protect Your Rights After a Bicycle Accident
After a bicycle accident, injured riders should take specific steps to protect both their health and legal claim. These steps may include:
- Reporting the accident to local authorities
- Consulting with a lawyer as soon as possible
- Collecting witness statements and photographs
- Seeking immediate medical care to document injuries
- Preserving damaged equipment, such as the bicycle and helmet
Taking these actions can strengthen a potential claim and ensure important evidence is not lost. For example, preserving the helmet can matter even in a city like McAllen, where bicycle helmet legislation does not impose a formal requirement, as it may still help to show the extent of impact and protect against unfair liability arguments.
Statute of Limitations and Notice Requirements
In Texas, personal injury claims must be filed within two years from the date the injury occurs, as stipulated in Texas Civil Practice and Remedies Code § 16.003. For claims against governmental entities, such as school districts, notice must be provided within six months of the incident under Texas Civil Practice and Remedies Code § 101.101. Failure to meet these deadlines may bar recovery. A McAllen attorney could review your case, explain local helmet laws, and help you file a claim within the statute of limitations.
Speak With an Attorney about McAllen Bicycle Headgear Laws
If you were injured in a bicycle accident, understanding McAllen bicycle helmet laws can help clarify how your case may proceed. These laws do not prevent you from pursuing compensation, even if you were not wearing a helmet. What matters most is proving that another party’s negligence caused the accident and resulted in injuries. A skilled lawyer could guide you through this process with clarity and commitment.
At KGS Law PLLC, we are dedicated to representing injured bicyclists throughout the state. Our team takes the time to understand your case, explain your options, and pursue the financial compensation you deserve. Contact us today to learn how we can help protect your rights after a bicycle accident.