Does Texas have a Helmet Law?

February 9, 2025 | By Francis Injury: Car & Truck Accident Lawyers
Does Texas have a Helmet Law?

In Texas, motorcyclists under the age of 21 are required by law to wear a helmet. Riders who are 21 or older may ride without a helmet if they meet certain conditions, such as completing a motorcycle safety course or carrying sufficient health insurance coverage. However, while helmet use may not always be legally required, it remains a crucial safety measure that can save lives.

What Does Texas Law Say About Motorcycle Helmets?

According to Texas Transportation Code §661.003, motorcycle operators and passengers under the age of 21 must wear a helmet that meets federal safety standards. However, for riders who are 21 and older, helmet use is optional under certain conditions.

Helmet Required for Riders Under 21

All motorcycle riders and passengers under the age of 21 are required to wear a helmet at all times while operating or riding on a motorcycle. There are no exceptions for younger riders.

Helmet Exemptions for Riders Over 21

Motorcyclists who are 21 or older may legally ride without a helmet in Texas, but they must meet one of the following criteria:

  • ✔️ Completion of a Motorcycle Safety Course: The rider must have successfully completed a Texas Department of Public Safety (DPS)-approved motorcycle operator training and safety course.
  • ✔️ Health Insurance Coverage: The rider must carry health insurance that provides medical benefits for motorcycle-related injuries.

There is no official requirement for motorcyclists to carry proof of these exemptions while riding. However, law enforcement officers may request this information if they suspect a violation.

Why Helmet Use Matters – Safety First

Regardless of legal requirements, helmets are proven to reduce the risk of severe injury or death in the event of a motorcycle accident. According to the National Highway Traffic Safety Administration (NHTSA), helmet use reduces the risk of fatal injury by 37% and the risk of head injury by 69%.

  • 🔹 Helmets protect against traumatic brain injuries (TBIs), which can be life-altering.
  • 🔹 They reduce the likelihood of severe facial and skull fractures.
  • 🔹 Wearing a helmet improves visibility and reduces wind noise, enhancing rider awareness.

Penalties for Riding Without a Helmet in Texas

While Texas law does not impose strict helmet use for riders over 21 who meet the exemption criteria, failing to meet the requirements can lead to fines and citations. Additionally, riding without a helmet can impact personal injury claims if an accident occurs.

How Helmet Use Affects Personal Injury Claims

Even though Texas law allows some riders to go without a helmet, choosing not to wear one could affect a personal injury claim in the event of an accident.

  • Comparative Negligence: Texas follows a modified comparative fault system, meaning your compensation could be reduced if the insurance company argues that not wearing a helmet contributed to your injuries.
  • Medical Expenses: A helmet can significantly reduce head injuries, which means lower medical costs. If you suffer a head injury while not wearing a helmet, the insurance company may offer a lower settlement.
  • Defense Arguments: The at-fault party’s insurance may argue that the injuries sustained could have been prevented or minimized with proper helmet use.

Texas Motorcycle Insurance Requirements

All motorcycle riders in Texas are required to carry liability insurance, which must meet the following minimum coverage:

  • 💰 $30,000 for bodily injury per person
  • 💰 $60,000 for bodily injury per accident
  • 💰 $25,000 for property damage per accident

Failure to maintain valid insurance can result in fines, license suspension, and even vehicle impoundment.

Injured in a Motorcycle Accident? Francis Injury Can Help.

Motorcycle accidents often result in serious injuries, and navigating the legal system can be overwhelming. At Francis Injury, our experienced personal injury lawyers fight for the rights of motorcyclists who have been injured due to negligent drivers.

  • 📌 Free case evaluation to determine your legal options.
  • 📌 Skilled negotiation with insurance companies for fair settlements.
  • 📌 Trial-ready representation if your case needs to go to court.

Don’t navigate the legal process alone—get the compensation you deserve.

Contact Francis Injury Today

If you or a loved one has been injured in a motorcycle accident in Texas, contact Francis Injury for a free consultation.

Final Thoughts

While Texas law allows some riders to go without a helmet, wearing one remains the safest choice. Whether required or not, a helmet can be the difference between life and death in an accident. If you've been involved in a motorcycle crash, contact Francis Injury today to protect your rights and secure the compensation you deserve.