Motorcycle helmet laws in Texas are somewhat unique compared to other states. While some riders are required to wear helmets, others are exempt if they meet certain qualifications. Learning about these rules is critical for staying compliant with state law and protecting yourself both physically and legally in case of a motorcycle accident.
Who Must Wear a Helmet in Texas?
Under Texas Transportation Code § 661.003, motorcycle riders and passengers under 21 years old are required by law to wear an approved motorcycle helmet at all times.
For riders 21 and older, helmet use is optional only if they meet one of the following conditions:
- They have completed a state-approved motorcycle safety course, or
- They carry at least $10,000 in medical insurance coverage that applies to motorcycle accidents
Riders who do not meet these requirements must wear a helmet regardless of age.
Helmet Standards and Safety Requirements
Texas law specifies that all helmets must meet federal requirements, such as Federal Motor Vehicle Safety Standard No. 218. This law sets minimum performance criteria for protection, retention, and impact resistance.
A compliant helmet will include:
- A DOT (Department of Transportation) certification label on the back
- Manufacturer information and model details inside the liner
- A secure chin strap
- Adequate padding for impact protection
Using a novelty helmet that does not meet these safety standards could increase your risk of head injury and might not satisfy Texas legal requirements.
How Helmet Use Can Affect an Injury Claim
Although Texas law allows certain riders to go without helmets, doing so can affect the outcome of a personal injury claim after a crash.
Texas follows a modified comparative negligence law, meaning your compensation can be reduced if you’re found partly responsible for your injuries. For example, if you weren’t wearing a helmet and suffered a head injury, an insurance company or jury could decide that your failure to wear one contributed to the severity of your damages. This could reduce your recovery amount.
How a Personal Injury Lawyer Can Help Protect Your Rights After a Crash
If you’ve been injured in a motorcycle accident in Texas, a qualified personal injury lawyer can help you understand how the state’s helmet laws might affect your case. Insurance companies often use helmet use (or the lack of it) as a way to reduce what they owe you, as discussed above. An El Paso auto accident attorney with Cal Mundell Law Firm, PLLC can step in to protect your rights and ensure you’re treated fairly.
Our experienced personal injury lawyer can:
- Investigate the crash and determine who was truly at fault
- Collect evidence such as police reports, witness statements, and medical records
- Handle all insurance communications to prevent adjusters from twisting your words
- Negotiate for fair compensation that covers your economic and non-economic damages
- Represent you in court if the insurer refuses to make a reasonable offer
At the least, it’s worth your time to reach out to an attorney for a free consultation and learn about your best course of action.
Contact a Texas Motorcycle Accident Lawyer for Legal Help
Don’t wait to get the legal guidance you need after being seriously injured in a Texas motorcycle accident. Contact Cal Mundell Law Firm, PLLC for a free consultation today at (915) 250-0700 to discuss your case and learn about your next steps.
We work on a contingency fee basis, which means you only pay attorney’s fees if we successfully handle your claim and win compensation for you.