Do I Have a Case If I Wasn’t Wearing a Helmet in a Bicycle Accident?

January 26, 2026 | Bicycle Accidents

Getting hurt while riding your bike can leave you with serious injuries and unanswered questions. You may feel justified in seeking compensation from the at-fault party, but do you have a case if you were wearing a helmet in a bicycle accident? Fortunately, you probably still do, depending on the details of your claim.

A bicycle accident lawyer in Austin can discuss what you need to know about comparative negligence law in Texas and how it could impact your bike accident settlement. Contact Bonilla Law Firm for a free consultation to learn more.

Texas Statutes Allow Multiple Parties to Share the Blame in an Insurance Claim or Lawsuit

Under Texas Civil Practice and Remedies Code Section 33.001 (proportionate responsibility), an insurance company or the other party’s attorney could insist you are partly responsible for your own injury costs if you weren’t wearing a helmet. They may use this argument as a way to reduce what their client may have to pay. As long as you are less than 50% to blame for the accident, you still have the right to claim compensation from the other party. 

Your percentage of fault will reduce your settlement or jury award amount, but even partial financial recovery can help offset substantial medical expenses and other damages. With the help of an experienced bicycle accident attorney, you can minimize any negative impact of not wearing a helmet on your case.

It’s Important to Learn About Local and State Bicycle Helmet Laws

To successfully present your case, your bike accident attorney will examine state and local statutes applying to your circumstances. In Texas, bicycle laws don’t require adults over 21 to wear a helmet, but Austin local ordinances do mandate helmets for anyone 17 or younger. Other important laws for cyclists to know include having required safety gear on their bikes, such as headlights, taillights, and brakes. 

Even if you were hurt in a location that requires helmets, you could still be able to seek compensation, since automobile drivers must also follow the rules of the road outlined in Texas Transportation Code Section 545, such as:

• Treating bicycles as other vehicles and sharing the roadways.
• Providing at least 3 feet of space when passing a bike.
  Yielding the right of way at intersections.
• Looking for bike riders when making left or right turns
• Not passing another vehicle that’s stopped to allow a bicyclist to cross an intersection.
• Staying out of bike lanes, including parking in one.

The sheer difference in size, weight, speed, and force of impact between a passenger automobile and an unprotected human being on a bicycle can result in devastating injuries. Motorists must consider this as part of their legal duty of care to avoid hurting others on the road. As a bicyclist, you can also take actions to prevent injuries while cycling in Texas by obeying traffic laws, being cautious, and minimizing distractions. 

Building a Strong Bicycle Accident Claim Even If You Didn’t Wear a Helmet

It’s not enough for the driver or their insurance company to claim you were to blame just because you didn’t have a helmet on at the time of the crash. They will need to demonstrate that you were more than 50% at fault, which can be difficult to do without strong evidence. To push back against unfounded claims, you need a skilled bike accident lawyer in Austin, TX, to gather materials showing who is really responsible.

Although it can be challenging if you are seriously hurt in a crash, you should try to collect evidence immediately after the accident. You could ask someone else to help you with tasks such as:

• Calling 911 for medical and law enforcement first responders
• Taking photos of your injuries, the vehicle, your bike, and other important details
• Exchanging insurance information with the driver
• Getting contact information from witnesses
• Talking with the police for a crash report
• Collecting your bike and other personal property as evidence

By using all this information, along with medical reports, your lawyer can try to establish how the driver behaved negligently, leading to your injuries. Under Texas law, all motorists must carry liability insurance to pay claims if they cause bodily injury or property damage to another person on the road. With robust evidence, your legal team can maximize your compensation whenever possible.

Take Action With an Austin Bicycle Accident Attorney From Bonilla Law Firm Today

Our bicycle accident lawyers offer free consultations to discuss the details of your case. If we don’t obtain a settlement for you, you don’t pay our fees. Contact our Austin bicycle accident attorneys today at (512) 441-1111 to get started on your case.