DPS: Motorcyclist killed in crash was not wearing helmet
by Benjamin Treviño | February 11th, 2025 | Fatal Crash, Motorcyclist Accident
HIDALGO COUNTY – The Texas Department of Public Safety says a motorcyclist who was killed in a February 6 crash that was not wearing a helmet.
The crash occurred around 7:52 p.m. on Farm-to-Market Road 2220 north of Nopal Street.
According to a DPS news release, a motorcycle operated by a male driver was traveling north on FM 2220, and a Toyota Rav 4 (also occupied by one male driver) was traveling south on the same street.
The DPS report adds that the motorcyclist “failed to drive in a single lane, veering left onto the northbound lane of travel, and collided with the Toyota.”
The motorcyclist, identified as 31-year-old Sergio Cuellar Torres, was taken to DHR Health where he died due to his injuries. Torres, a McAllen resident, was “found without protective gear or a helmet” according to the DPS statement.
The driver of the Toyota has yet to be identified and his condition remained unclear as of this writing.
Can motorcyclists still sue for injuries sustained while not wearing a helmet?
Yes, bikers can still sue for damages if they were injured in a motorcycle crash while not wearing a helmet.
However, any compensation achieved through a negotiated or adjudicated settlement may be reduced due to the concept of comparative negligence, which the state of Texas follows. Comparative negligence means the court will assign a percentage of fault to all parties involved in the accident, including the injured party.
The victim’s lawyers will argue the absence of a helmet was not a factor in their client’s injuries, while the defendant’s representatives will argue that the injuries were worsened by not wearing a helmet, potentially reducing the amount the victim can recover.
Consult the J. Gonzalez Law Firm
Crash victims who weren’t wearing a helmet might still have a case for compensation if they’ve been injured in a motorcycle accident and weren’t wearing a helmet.
Keep in mind that these claims are complex, and having an experienced personal injury attorney is essential. The personal injury attorneys at the J. Gonzalez Law Firm have decades of experience successfully representing victims of motorcycle accidents who weren’t wearing a helmet.
If you or a loved one has been injured in a motorcycle accident, contact The J. Gonzalez Law Firm at for a free consultation. We’ll help you understand your legal options and fight for the compensation you deserve.
Source: https://myrgv.com/local-news/2025/02/07/mcallen-motorcyclist-killed-in-crash-not-wearing-helmet/
