Bicycle Helmet Laws in Southlake
There is no state law requiring bicyclists to wear helmets, although it continues to come up during legislative sessions, so cities like Southlake have enacted their own laws about wearing helmets.
All bicyclists younger than 18 must wear helmets unless they are riding on private property, but helmets are equipment all bicyclists should wear because they have been proven to reduce deaths and incidents of catastrophic head injuries. Not wearing one could also be used against you by motorists who injure you, even when they caused the accident. When you are involved in a collision and Southlake bicycle helmet laws play a part, an experienced bicycle accident attorney may be able to help you.
Preventing Head Injuries
When bicyclists are hit by a careening car, head injuries are among the most common. Helmets can help prevent head injuries because the ones approved for use are structured and padded in such a way that they, instead of the bicyclist’s skull, absorb the force of the crash.
Helmets Approved for Bicyclists
In all cases, helmets must fit properly, be fastened, and carry a manufacturer’s label attesting to compliance with the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC).
The Center for Injury Prevention and Control at the Ronald Reagan Institute of Emergency Medicine believes bike helmets are about 70 percent effective at reducing head injuries in an accident. A bicycle accident attorney in Southlake could represent a bicyclist who is injured by a negligent motorist regardless of whether the cyclist followed helmet laws.
Sharing Blame for a Bicycle Accident
Bicyclists who do not wear helmets but sustain head injuries when negligent motorists hit them may experience some pushback from insurance carriers and in court from a jury deciding what compensation should be awarded.
According to Texas Civil Practice and Remedies Code § 33.001, Texas is a modified comparative fault state, which means the defendant and the plaintiff share the blame for an accident and how serious the injuries are. Although adults are not required to wear a bike helmet, when they do not, the insurance adjuster or the defendant’s attorney may claim the plaintiff contributed to the severity of the injuries by not wearing one.
Failing to wear a helmet may not place greater than 50 percent of the blame on the plaintiff, but it will reduce a court’s compensation award by the percentage of blame assigned to the bicyclist. For instance, if the jury awards the bicyclist $100,000 but assigns 10 percent of the blame because injuries would not have been so severe if a helmet had been worn, the $100,000 will be reduced to $90,000.
Ask an Attorney About Bicycle Helmet Laws in Southlake
Helmet laws matter because they keep citizens safer on the roads, but accidents still occur when careless or reckless motorists fail to see bicyclists and crash into them.
Studies show that bicycle helmets save lives by lessening the impact when a cyclist hits their head, which can help stave off a traumatic brain injury. When you are injured on your bike, regardless of whether you were wearing a helmet, a lawyer at our firm could help you get compensated. Contact us today to schedule a private consultation.