Texas Motorcycle Helmet Laws

While Texas does not require every motorcycle rider to wear a helmet, the law includes important age, insurance, and training exceptions.

Our motorcycle accident lawyers outline these laws below.

When Texas Law Requires a Helmet

Texas Transportation Code §661.003 sets the baseline rule for helmet use. Under this law, a rider or passenger must wear a helmet if they are under 21 years old. This requirement applies regardless of riding experience, insurance coverage, or training.

For riders under 21, helmet use is mandatory at all times. Failing to wear a helmet can result in citations and fines, and it also increases the risk of severe or fatal injuries in a crash.

When Riders Over 21 May Go Without a Helmet

Texas allows riders age 21 and older to ride without a helmet, but only if they meet specific legal requirements. A rider must satisfy one of the following conditions:

• Complete an approved motorcycle safety course: The course must be recognized by the Texas Department of Licensing and Regulation.
• Carry medical insurance coverage: The rider must have at least $10,000 in medical insurance that covers motorcycle-related injuries.

If a rider over 21 does not meet one of these requirements, helmets are legally required. Law enforcement officers may stop and cite riders who fail to comply.

Helmet Laws and Passengers

Texas helmet laws apply equally to motorcycle passengers. If the passenger is under 21, they must wear a helmet. If the passenger is 21 or older, they may ride without a helmet only if the operator meets the safety course or insurance requirement.

A passenger’s compliance often depends on the operator’s legal status, which can become an issue after an accident.

Penalties for Violating Helmet Laws

Failing to follow Texas helmet laws can lead to traffic citations and fines. More importantly, violations can have serious consequences after a crash. Helmet law violations do not automatically bar an injury claim, but they can influence how insurance companies and courts evaluate fault and damages.

How Helmet Use Affects Injury Claims

Texas follows a modified comparative negligence system. This rule allows injured riders to recover compensation only if they are less than 51 percent responsible for their injuries. Insurance companies often argue that failure to wear a helmet contributed to the severity of head or brain injuries. They may attempt to reduce compensation by claiming the rider increased their own risk.

However, helmet use does not determine who caused the accident. Liability still depends on negligence, such as speeding, failure to yield, distracted driving, or unsafe lane changes.

Common Misconceptions About Texas Helmet Laws

Many riders believe several myths that can lead to legal trouble or insurance disputes:

• Helmet use is optional for everyone: This is false. Riders under 21 must always wear helmets.
• Helmet violations prevent injury claims: This is false. Riders may still pursue compensation if another party caused the crash.
• Only the rider matters: This is false. Passenger helmet compliance also matters under Texas law.

Even when Texas law allows riders to go without a helmet, wearing one significantly reduces the risk of traumatic brain injury and death. Motorcycle crashes often involve high speeds and limited protection. Helmets provide a critical layer of safety that no insurance policy or legal argument can replace.