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.