Can You Still Sue in Texas if You Weren’t Wearing Your Motorcycle Helmet?

 Posted on October 21, 2025 in Car Accident

Motorcyclists know that riding without a helmet is not ideal, but it happens. But if you are injured in a motorcycle crash and were not wearing a helmet, you may worry that you have lost your right to compensation. Fortunately, in Texas, the law does not automatically prevent you from suing for your injuries.

As of October 2025, Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001. That means even if you were not wearing a helmet, you can still recover damages as long as you were less than 51 percent at fault for the accident.

But how much fault do you have, and how do you know? For answers to these questions and help throughout your case, talk to a Collin County, TX motorcycle injury lawyer. We can argue that you share little or no fault and fight for the most aggressive compensation. 

What Does Texas Law Say About Wearing Motorcycle Helmets?

Under Texas law, riders under 21 must wear helmets. Adults age 21 and older can legally ride without one if they complete an approved motorcycle safety course or have the right health insurance.

However, whether you followed the helmet law and whether you can sue after a crash are separate issues. Riding without a helmet may affect how an insurance company or jury views your case, but it does not automatically disqualify you from recovering money in a lawsuit or insurance claim. 

Can Not Wearing a Motorcycle Helmet Reduce My Compensation in a Lawsuit?

In Texas, the courts compare the degree of fault attributed to everyone involved in a crash. If you were not wearing a helmet, the defense may argue that your injuries, especially to your head or face, would have been less severe if you had worn one. This is called the comparative fault defense.

For example, if the total damages in your case are valued at $100,000 and the jury finds you 20 percent responsible for the extent of your injuries because you were not wearing a helmet, your award could be reduced to $80,000.

An experienced motorcycle accident attorney can use medical experts, accident reconstructionists, and witness statements to show that the crash itself, not the lack of a helmet, was the primary cause of your injuries.

What If the Other Driver Was Clearly at Fault for a Motorcycle Crash?

If another driver ran a red light, turned left in front of you, or was distracted and caused the crash, their negligence is the most important factor in the case. Not wearing a helmet does not excuse reckless or illegal behavior by another driver.

Texas law holds negligent drivers accountable for causing collisions. In most cases, your attorney will focus on proving that:

• The other driver’s actions directly caused the accident

• Your injuries would have occurred regardless of helmet use

• You followed all other road laws

Contact a Frisco, TX Motorcycle Accident Lawyer

If you were injured in a motorcycle crash, contact a highly-rated Collin County, TX motorcycle accident attorney at Burress Injury Law. Call 214-726-0016 today to discuss your case.