Texas is a motorcycle destination state, with over 360 miles of coastline and plentiful interior roadways with scenic views. It also has a motorcycle-friendly climate that allows many Texans to ride their motorcycles to work and school nearly year-round.
As thrilling as a ride in the open air can be, a motorcycle’s open design exposes the rider to direct impact in an accident. While a helmet cannot prevent all injuries in motorcycle crashes, it significantly reduces motorcycle accident fatalities.
Each state has the authority to set its own requirements for motorcycle helmet laws. Before taking your motorcycle out on the scenic Texas roadways, it’s crucial to know the state’s helmet laws. Those laws also shape what an Addison motorcycle accident lawyer can recover for you after a crash.
Does Texas Have a Universal Helmet Law for Motorcyclists?
Unlike a handful of states, Texas does not have a universal helmet law requiring all drivers to wear helmets. Instead, the law under Texas Transportation Code § 661.003 states the following:
“A person commits an offense if the person:
- operates or rides as a passenger on a motorcycle on a public street or highway; and
- is not wearing protective headgear that meets safety standards adopted by the department.
A person commits an offense if the person carries on a motorcycle on a public street or highway a passenger who is not wearing protective headgear that meets safety standards adopted by the department…unless … the person required to wear protective headgear was at least 21 years old and had successfully completed a motorcycle operator training and safety course …or was covered by a health insurance plan providing the person with medical benefits for injuries …”
Understanding the Motorcycle Helmet Law In Texas
Instead of imposing a universal helmet law, the state requires motorcyclists under 21 to wear helmets. Those over 21 who choose not to wear a helmet must carry proof of one of the following:
- They’ve completed a DMV-approved motorcycle riding and safety course, or
- They have at least $10,000 in medical insurance coverage to cover the cost of their injuries should they become involved in a motorcycle accident
Motorcyclists over age 21 in Texas who choose not to wear a helmet must carry proof of their successful completion of a training course and/or proof of medical insurance coverage.
What Do the Statistics Show About Wearing a Helmet?
The National Safety Council (NSC) reports that Department of Transportation (DOT)-approved motorcycle helmets are about 37% effective in preventing motorcycle accident fatalities for the operator of the motorcycle and 41% effective in preventing motorcycle passenger deaths. Thanks to greater awareness, helmet use for motorcyclists has increased by about 9% in the last decade despite the lack of universal helmet laws for all riders, including in Texas.
Can a Law Enforcement Officer Pull Over a Texas Motorcyclist Who Isn’t Wearing a Helmet?
The Texas motorcycle law treats failing to wear a helmet as a secondary enforcement measure, meaning a law enforcement officer cannot pull over a motorcyclist solely for that violation. However, an officer may legally request proof of age, insurance coverage, or proof of the successful completion of a motorcycle training course when they’ve pulled over a motorcyclist for a primary offense, such as speeding or running through a stop sign.
Fines for failing to wear a helmet without meeting the requirements range from $10 to $50 for a first offense to $500 for subsequent offenses.
Do You Have a Motorcycle Claim? Contact GreeningLaw
Get a free consultation with an Addison personal injury attorney at GreeningLaw. Our legal team is experienced in handling motorcycle accident claim litigation. Contact us today.