Motorcycle Helmet Laws
Injury Attorney Nationwide
The subject of whether a person should wear a motorcycle helmet comes up
frequently. Some riders believe that they should have the freedom to ride
without the physical and cosmetic constraints of wearing a helmet. Other
riders realize the dangers of such activities. A helmet can save a life.
It can prevent a motorcyclist from brain damage and some severe neck injuries.
There are several states in the US that have a partial law in regards
to wearing a motorcycle helmet. Only some motorcyclist have to wear helmets.
Riders must wear a helmet if they are under 21 years of age. Some people
do not have to wear motorcycle helmets. Those individuals are over the
age of 21, and they have proof of health insurance and completion of a
motorcycle safety course that they can present if an officer stops them.
The laws used to state that the rider had to have at least $10,000 in
health insurance, but that law has since been changed. Additionally, the
police officer cannot stop a driver just to see if he or she has motorcycle
health insurance. The officer must give the rider a valid reason for making the stop.
Choosing a Helmet That Meets Regulations
A rider will want to buy the proper helmet for riding a motorcycle on
Texas streets. Getting a helmet that is approved by an organization is
important. The person will want to buy a helmet that is a DOT-approved
helmet. A DOT approved helmet is a helmet that has been tested and inspected
by a party that is affiliated with the Department of Transportation and
meets the Federal Motor Vehicle Safety Standards. Manufacturers must submit
their new helmet models so that someone can test them for the DOT certification.
SNELL is another organization that certifies motorcycle helmets. Approved
helmets will have stickers on them to verify that they have met the required
Helmet Features That Increase Safety
A full-face helmet is perhaps the best option for a rider to purchase.
A full-face helmet ensures that bugs, dirt and flying rocks do not get
into the rider’s eyes, which can cause him or her to lose focus.
Another excellent feature to look for in a motorcycle helmet is anti-fog
coating, which will ensure that the rider does not have vision problems
due to fog.
Penalties for Not Wearing a Helmet
Police officers can charge a rider with a misdemeanor if he or she operates
a motorcycle without wearing a helmet. People who violate the regulation
are subject to being charged with a misdemeanor in the state of Texas.
Such a crime can cost the rider huge fines and the hassle of having to
go to court and explain the incident to a judge. Additionally, an unprotected
rider can risk severe injury if he or she chooses not to wear a helmet.
The person could lose protection in a personal injury case, as well.
Motorcycle Accidents and Personal Injuries
Motorcycle accidents are a common occurrence in the state of Texas. Some people make it out
of the accidents unscathed, while others unfortunately lose their lives.
Victims who live can try to obtain personal injury compensation if they
feel as though they are not responsible for the accident. Family members
of deceased persons can try to get personal injury compensation, as well.
The first step in the process is to contact a reliable personal injury
attorney and schedule a consultation at once.
Many factors come into play when determining who is at fault in a motorcycle
accident. First, the attorney will look at the main cause of the accident.
Some causes are more apparent than others are. For example, a driver obviously
caused the incident if he or she ran a red light and hit a motorcyclist
shortly thereafter. In such a case, the injured motorcycle rider would
be 100 percent not at fault. Other situations are a bit more complex than
the previously stated situation is. For example, a victim can be held
partially accountable for an accident if he or she decides not to wear
a motorcycle helmet against regulations. If a person makes a conscious
choice not to obey a protective law, then any injures that he or she obtains
are partially that person’s fault. A victim could still receive
a personal injury settlement if the other party was neglectful in some
way. However, the state of Texas has percentage laws with regards to personal
injury cases. What that means is that settlement will be reduced if the
judge finds that the victim is responsible for any aspect of his or her
injury. A $300,000 settlement can easily become a $150,000 settlement
if the victim plays a huge part in the injury, for example.
Increasing Win Potential in a No-Helmet Personal Injury Case
A rider who gets into an accident without a helmet will need an above-average
firm to defend him or her. The person must conduct research and not just
pick an attorney out of a hat. The attorney should have several qualities
that set him or her above all other attorneys in the area. The number
one quality of a reliable attorney is transparency. A personal injury
attorney should disclose all helpful information to his or her client.
For example, the attorney would explain the helmet laws and the negative
ways that they may affect the case.
The second most important quality of an excellent attorney is compassion.
Victims need to hire attorneys who care about their well-being. They need
attorneys that want to see justice served more than they want to pad their
pockets. A reliable attorney will be available whenever a client or prospective
client has a question or concern. The attorney’s office will have
several methods of communication so that clients and prospective clients
can keep in touch. Examples of communication methods are email, chat room
and telephone calls.
The third most important quality in a personal injury attorney is fairness
when it comes to cost. A fair personal injury attorney will provide a
client with a contingency arrangement. Contingency representation allows
a person to alleviate stress while a personal injury attorney is working
diligently on the case. The attorney does not charge the client any money
until the case is over and the settlement check arrives. At that time,
the attorney will only deduct a portion of the victim’s check. If
we do not win the case, you will not have to pay a dime.
Scheduling an Appointment for Assistance
A motorcycle accident victim can contact an
injury attorney today and schedule an appointment. He or she should schedule the appointment
as quickly as possible after the injury occurs. The attorney can begin
asking questions and conducting research on the laws and the physical
happenings of the case as soon as the prospective client schedules the
consultation. The prospective client should visit with an office that
has tenure and a high percent of case wins.
Call us today to see how we can help you!