Texas Motorcycle Helmet Law

Texas has specific statutes that govern the use of motorcycle helmets, and being acquainted with these can help motorcycle riders avoid legal issues, prevent potential injuries, and enhance road safety for themselves and others.

Here are the key points of Texas motorcycle helmet laws:

• Helmet requirement for riders under 21: All motorcycle operators and passengers under the age of 21 are required to wear a helmet.
• Helmet exemption for riders 21+: Riders and passengers 21 years or older can forgo wearing a helmet if they have completed a motorcycle safety course or have health insurance that covers injuries resulting from a motorcycle accident.
• Helmet Standards: Helmets must meet the Federal Motor Vehicle Safety Standard #218.

If you or a loved one has been injured in a motorcycle accident (with or without a helmet) and need a motorcycle accident lawyer in Houston, the personal injury attorneys at Grimes & Fertitta can help. Call us today at 713-224-7644 or schedule a free consultation online to discuss your legal options and get what you deserve.

Does Texas have a helmet law?

Yes, Texas does have a helmet law, but it includes specific exemptions and requirements based on age, safety education, and insurance coverage. This law aims to promote safety while allowing some flexibility for experienced riders.

As per the Texas motorcycle helmet laws, anyone under the age of 21 is required by law to wear a helmet while piloting a motorcycle in Texas — under any circumstances. 

Even though the law says so, do you have to wear a helmet in Texas on a motorcycle if you’re under the age of 21? Due to Senate Bill 1967, a police officer may not stop a motorcyclist on the sole suspicion of not following said helmet law, even if they are suspected to be underage. However, a piece of statutory language doesn’t usually stop police officers from doing what they want, and helmet laws in TX are subject to constant change —  plus, wearing a helmet for safety reasons is encouraged no matter your age.

Helmets have been proven to significantly reduce the risk of severe head injuries and fatalities in motorcycle accidents, which is why the law places particular emphasis on young riders and those without additional safety measures or health coverage.

Learn more: How long do insurance claims take?

What are the helmet exemptions in Texas?

In Texas, there are certain exemptions to the Texas helmet laws that allow some riders to legally forego wearing helmets under specific conditions. Adults aged 21 and over are exempt from the helmet requirement if they meet one of two criteria:

1. They are 21 or older AND can provide proof that they have completed a motorcycle operator training and safety course.
2. They can provide proof of adequate health insurance coverage of at least $10,000 and provide medical benefits for injuries resulting from a motorcycle accident.

These exemptions are intended to offer flexibility for experienced riders who have demonstrated a commitment to safe riding practices or who have adequate medical coverage to address potential injuries. However, even with these exemptions, it is highly recommended that all motorcyclists wear helmets to protect themselves from serious head injuries regardless of whether the motorcycle laws in Texas require it.

What are the safety standards for motorcycle helmets?

The U.S. Department of Transportation requires that all motorcycle helmets sold in the US meet minimum requirements put forth by the Federal Motor Vehicle Safety Standard (FMVSS) 218. Standards are re-tested each year to ensure that helmets are protecting the head and brain in the event of a crash.

Need another reason to care? If you wear a novelty helmet that doesn’t meet FMVSS standards and don’t qualify for a helmet exemption, the police may treat you as if you’re not wearing a helmet.

The FMVSS standards for motorcycle helmets boil down to this:

• They must have a one-inch-thick inner layer of firm polystyrene foam;
• They must have a sturdy chinstrap with solid rivets;
• They must weigh three pounds or more; and
• They must not have anything extending more than two inches from the surface of the helmet, such as any spikes or decorations.

If you or a loved one has sustained a brain or head injury in a motorcycle accident, you need the best car wreck attorney you can find. The personal injury lawyer in Houston, TX from Grimes & Fertitta can allow you and your loved ones to focus on healing, while we focus on getting you what you deserve.

Can going helmet-less affect an injury claim?

While not wearing a helmet won’t prevent you or your loved ones from receiving compensation if you’re in an accident, it can absolutely affect a personal injury claim.

This is primarily due to comparative fault laws in Texas, which allow the courts to hold multiple parties responsible for their “percentage of the harm for which relief is being sought.” Therefore, if you are injured in a motorcycle accident and were not wearing a helmet, the other party may claim that your choice to go helmet-less caused greater injury to yourself. A judge may then assign you partial culpability for the damage.

This could potentially weaken your claim and lead to your compensation being reduced in a manner directly proportionate to the percentage of the damage you caused. For example, if you were to receive $50,000 and were found to be 50% responsible for the damage due to not wearing a helmet, they would reduce your compensation by $25,000. This is another reason why we always encourage bikers to use helmets.

Contact an experienced Texas motorcycle lawyer at Grimes & Fertitta

The Texas motorcycle helmet laws only require that some people wear a helmet while riding — but it is recommended for all people, for the benefit of their safety and their personal injury claims. It’s simple: wearing a helmet can save your life and strengthen your case.

If you or a loved one has been injured in a motorcycle accident due to the reckless or negligent behavior of another party, it is time to act. The statute of limitations in Texas for personal injury claims is two years from the date of the accident. This means that you have a limited amount of time to file a claim and seek compensation for your injuries.

Whether you need a motorcycle lawyer in Texas or an uninsured motorist lawyer, the experienced personal injury lawyers at Grimes & Fertitta can help you and your family make things right. Call us today at 713-224-7644 or schedule a free consultation online to discuss the details of your motorcycle accident or personal injury case and take the first step in getting what you deserve.

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