Some states have universal motorcycle helmet laws that require riders and passengers to wear helmets at all times. Texas motorcycle helmet laws work differently, with certain exceptions that allow some riders to ride without a helmet legally. Understanding these laws is crucial for riders, especially if they suffer injuries in a crash.
Motorcycle accident injuries can be catastrophic, leaving victims with serious injuries and costly medical expenses. Compensation may be possible in Texas when someone else is at fault for a wreck. However, failure to wear a helmet may become an issue in a Texas motorcycle accident claim if an insurance company argues the rider’s injuries were more severe because they weren’t wearing a helmet. That’s where a lawyer can help.
Since 1991, the Law Offices of Troy A. Brookover has represented injured people in motorcycle accident and other motor vehicle accident cases. As a Board-Certified Personal Injury Attorney by the Texas Board of Legal Specialization, Troy Brookover has a deep understanding of Texas laws governing motorcycle accidents and how to develop strategies to overcome insurance challenges and other disputes.
During his 35 years in practice, Troy has secured million- and multimillion-dollar results for clients in a range of personal injury cases. While past results do not guarantee future outcomes, this track record provides valuable insight into the knowledge and advocacy Troy brings to each case.
Call or contact us today for a free consultation.
Texas’s Motorcycle Helmet Law, Plainly Stated
Under Texas Transportation Code § 661.003, a person commits an offense if they operate or ride a motorcycle on a public street or highway without wearing a helmet that meets the safety standards set by the Texas Department of Transportation (TxDOT). Texas motorcycle law also makes it an offense for an operator to allow a passenger to ride without an approved helmet.
However, certain exceptions apply. A person does not need to wear a motorcycle helmet in Texas if they:
- Are at least 21 years of age
- Have successfully completed an approved motorcycle operator training or have health insurance providing coverage for motorcycle accident injuries
Anyone who does not meet those conditions must wear protective headgear under the law.
What Counts as a Legal Helmet in Texas?
A “legal” helmet that meets Texas motorcycle helmet requirements must comply with applicable safety standards adopted by TxDOT, which relies on standards established by the U.S. Department of Transportation. USDOT-compliant motorcycle helmets must meet Federal Motor Vehicle Safety Standard No. 218, which contains standards for protection from impacts and penetration. Under 49 C.F.R. § 571.218, compliant helmets typically have thick inner padding and a well-built chinstrap to keep the helmet secured to a person’s head. Motorcycle riders can ensure they have a legal helmet in Texas by checking for a DOT sticker or a label indicating compliance with FMVSS 218.
Motorcycle vs. Moped — What the Distinction Means for Texas Helmet Laws
Texas law distinguishes between motorcycles and mopeds, but the distinction does not necessarily mean moped riders fall outside the state’s helmet requirements. Texas Transportation Code § 541.201 defines a motorcycle and a moped separately, but the Texas Department of Licensing and Regulation (TDLR)’s Motorcycle Operator’s Manual says helmet laws apply to both types of vehicles, regardless of size or number of wheels. Understanding how the state classifies motorcycles and mopeds only becomes important when determining requirements for licensure, registration, equipment, and other restrictions, but the same helmet rules apply to both.
Penalties for Riding Without a Helmet
In Texas, motorcyclists or passengers who ride without a helmet and who do not meet the exemptions allowed under state law may face a traffic citation and fine of up to $50. An operator may also face a similar fine for allowing a non-exempt passenger to ride without a helmet. Subsequent violations of the helmet law can increase the fine to up to $500.
Texas law also limits how law enforcement may enforce the helmet exemptions. For example, a police officer may not stop or detain a motorcycle operator or passenger solely to determine whether the driver has completed an approved motorcycle safety course or has qualifying medical insurance. If an officer lawfully stops a motorcycle for another traffic violation, such as reckless driving, the officer may determine whether a rider who is not wearing a helmet is exempt under state law.
Can Lack of a Helmet Hurt My Injury Claim?
Not wearing a helmet in a motorcycle accident does not automatically prevent a person from recovering compensation for injuries they suffered in the crash. Under Texas’s comparative negligence rule, an injured rider can still seek compensation for a motorcycle accident if their percentage of responsibility is 50 percent or less. However, if the lack of a helmet arguably contributed to the severity of injuries sustained in a motorcycle crash, an accident victim could face challenges from insurers and defense lawyers during settlement negotiations. This is especially true in motorcycle cases involving traumatic brain injuries and neck injuries. An experienced motorcycle accident lawyer can protect you from unfair attempts to shift blame to you and reduce your compensation.
Contact a Motorcycle Accident Attorney Today for Help Pursuing Compensation for Injuries
The question of whether you followed the motorcycle rules in Texas can become an important factor during settlement negotiations, especially when helmet use is a concern. However, failure to wear a helmet does not necessarily prevent you from obtaining compensation when someone else’s negligence caused your injuries. Don’t let the insurance companies minimize your injuries or reduce your potential payout. Instead, turn to the Law Offices of Troy A. Brookover.
With over three decades of legal experience, our motorcycle accident attorneys can review the facts of your case and discuss your legal options in a free case evaluation. Call or contact us now.