What if the bicycle rider was not wearing a helmet during the accident?

In Texas, whether a bicycle rider was wearing a helmet during an accident or not can affect their claim in a bicycle accident case. According to the Texas Transportation Code, while it is not required for adults aged 17 and over to wear a helmet while riding a bike, it is recommended by the state’s Department of Transportation. If the bicycle rider was not wearing a helmet during the accident, this could lead to a diminished claim. Even though they are not legally required to wear a helmet, they may be deemed comparatively negligent if they were not wearing one. This means that the jury may decide that the rider played a role in causing the accident, since the rider did not take reasonable safety precautions. Comparative negligence can reduce the amount of damages the rider is able to recover from the other party who is determined to be at fault for the accident. For bicycle riders aged 16 and under, Texas law requires them to wear a helmet when riding a bike. If they were not wearing a helmet at the time of the accident, then they would be seen as comparatively negligent and could also be responsible for a portion of the damages. In this case, the rider would be unable to recover any damages related to head injury, since the rider did not take reasonable safety precautions. Ultimately, whether a bicycle rider was wearing a helmet during an accident or not can have a major impact on their ability to recover damages in a Texas bicycle accident case. Riders should take recommended safety precautions and wear a helmet in order to protect themselves from potential liability.

What if the bicycle rider was not wearing a helmet during the accident?

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