In Texas, motorcycle riders age 21 and older can skip wearing a helmet while riding so long as the rider has completed a motorcycle operator training course and has a medical insurance policy that covers injuries sustained in a motorcycle accident. Although you may not have broken the law by not wearing a helmet, the compensation you can recover for injuries suffered in a motorcycle accident (especially head injuries or traumatic brain injuries) may be affected by your failure to wear a helmet.
Texas follows a modified comparative negligence rule, which states that you can still pursue compensation as long as your share of fault for an injury is not greater than the share of fault of the party you are seeking compensation from. However, any compensation you might be entitled to will be reduced in proportion to your share of fault.
By not wearing a helmet, an insurance company or a jury may find that you bear some share of fault for any head or brain injuries you sustained, reducing the compensation you can recover for those injuries.
