Do You Have to Wear a Motorcycle Helmet in Texas?

Texas motorcycle laws require operators and passengers under 21 to wear helmets at all times while riding a motorcycle. Texas law specifically allows riders 21 and over to opt out of wearing a helmet as long as they have successfully completed a motorcycle operator training and safety course.

However, even if you can opt out of wearing a motorcycle helmet, you should do so for your well-being. A motorcycle helmet is one of the most effective ways to prevent serious head and brain injuries in a motorcycle crash. And according to the National Safety Council (NSC), proper safety helmets are 37 to 41 percent effective at preventing fatal head injuries.

Am I Automatically at Fault if I Get in an Accident Without a Helmet?

While you do not have to wear a motorcycle helmet in Texas if you are over 21 and have completed a motorcycle safety course, not doing so could complicate your auto insurance claim following an accident. Specifically, the other party’s insurance provider will likely claim that because you weren’t wearing a helmet, you are at fault for your head injuries.

Fortunately, that’s not how it works in Texas. Not wearing a helmet does not automatically make you at fault for an accident. And even if you sustained head injuries in the accident, you are not necessarily at fault for those injuries if you didn’t wear a helmet.

However, the other driver’s insurance company will still try to cast some of the blame on you because of Texas’s modified comparative negligence law. Under this law, a plaintiff’s awarded compensation is reduced by a percentage equal to their degree of fault. And if the insurance company believes it can get a jury to accept that you were partly to blame for your injuries, it may not offer you a settlement that covers all of your losses.

Tips for Riding in Texas

When riding a motorcycle in Texas, it’s important to always wear protective riding gear, pay attention to your surroundings, and maintain liability insurance.
Wear the Right Riding Gear
While a motorcycle helmet is one of the core pieces of safety gear riders should wear, it’s not the only one. Riding jackets, gloves, pants, and boots can also prevent serious injuries during an accident.

Covering up your skin will make it less likely to come in contact with hot bike parts and reduce the severity of road rash. Riding boots that cover your ankles can also prevent injuries that impact your mobility.

Always Pay Attention to Your Surroundings

Even if you’re following all the rules of the road, accidents can still occur due to negligent drivers. Many motorcycle accidents are caused by motorists who don’t see riders or don’t give them the space they deserve on the road.

You should never assume a driver sees you or will yield to you. While it may be relatively straightforward to prove the driver’s fault in some of these accidents, it’s better not to sustain injuries in an accident in the first place.
Maintain Liability Insurance
In Texas, all motorists, including motorcycle riders, must have the following minimum amounts of liability coverage:

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

If you are found to be partly at fault for an accident that harmed someone else or damaged their vehicle, your liability coverage will protect you from being held personally liable.

Contact Our Dallas Motorcycle Accident Lawyers

If you were in a Dallas motorcycle accident, you need a knowledgeable and compassionate lawyer on your side. Contact Law Tigers Dallas for a free consultation about your motorcycle accident case and to learn more about how our legal team can protect your rights throughout the insurance claims process.