Motorcycle helmet laws in Texas require all riders under 21 to wear helmets. Motorcyclists who are 21 or older may ride without a helmet if they are eligible for an exemption. However, all riders are urged to wear a motorcycle helmet for their own safety.
Under the Texas Transportation Code, riding a motorcycle without a helmet is a criminal offense unless you are eligible for an exemption. This is the case for both riders and passengers. You can be fined up to $50 for violating this law.
What Is Required to Obtain a Helmet Exemption in Texas?
Motorcycle riders who are at least 21 years old can obtain a helmet exemption if:
- They have completed a motorcycle safety course, or
- They carry health insurance covering them for injuries in a motorcycle accident.
If you have an insurance policy that meets the standards for a helmet exemption, your insurance card will likely have the words “Motorcycle Health” on it.
Why Should You Wear a Helmet?
You should wear a helmet whenever you ride a motorcycle because it can save your life. The National Highway Traffic Safety Administration (NHTSA) urges all motorcyclists to wear helmets. They estimate that motorcycle riders are 22 times more likely to die and 4 times more likely to be injured in an accident than people traveling in a car or truck.
The Centers for Disease Control and Prevention (CDC) says that helmets saved over 1,800 lives in a year, while about 750 more lives could have been saved if all riders had worn helmets. According to the NHTSA, 40 percent of motorcyclists killed in Texas collisions in one recent year were not wearing a helmet.
Motorcycle helmets protect against traumatic brain injuries (TBIs) as well as death. The CDC reports that helmets are 37 percent effective in preventing motorcyclist deaths and reduce head injuries by 69 percent. According to a study published in Injury Epidemiology, helmet use was associated with lower rates of brain injuries, and there were more head injuries in states not requiring helmets for all riders.
Considering the life-changing consequences of a traumatic brain injury and the serious risk of death, you should wear a helmet to protect yourself and spare the people you love from the possibility of a tragic loss.
Are There Certain Standards Motorcycle Helmets Must Meet?
The Texas Transportation Code gives the Department of Public Safety the authority to set minimum safety standards for motorcycle helmets. According to the Texas Motorcycle Operators Manual, a motorcycle helmet should:
- Fit snugly
- Fasten securely
- Not have any defects
- Meet Federal Motor Vehicle Safety Standard (FMVSS) #218
Safety Standard #218 includes a comprehensive list of motorcycle helmet safety rules. To recognize a helmet meeting this safety standard, look for the letters DOT centered horizontally on the label, with FMVSS No. 218 below that and CERTIFIED on the following line.
What Is the 5-Year Rule for Motorcycle Helmets?
The 5-Year Rule is not a law but a recommendation to replace your motorcycle helmet after five years or 60 months. The effectiveness of a motorcycle helmet degrades over time due to exposure to UV rays, weather, and other factors, even if you don’t use the helmet regularly. If you keep using a helmet over five years old, it may not offer as much protection as a newer helmet.
Can You Be Pulled Over for Not Wearing a Motorcycle Helmet in Texas?
Texas’s motorcycle helmet law states that a peace officer may not pull you over or detain you solely to determine whether you are eligible for a helmet exemption. This means that an officer can’t pull you over just for not wearing a helmet.
However, if they have some other reason to pull you over, they can then require you to provide proof that you are at least 21 and that you have either completed a motorcycle course or carry motorcycle accident insurance.
Could Not Wearing a Helmet Affect Your Texas Motorcycle Accident Claim?
While Texas law allows you to avoid wearing a motorcycle helmet if you meet the exemption requirements, that only protects you from being fined. It doesn’t protect you if you’re injured in a crash and the insurance company claims that your own negligence contributed to your injuries.
Under Texas law, the court can reduce your compensation in a personal injury case if you were partially responsible for your injuries. If the court finds you 25 percent responsible for your injuries, your compensation will be reduced by 25 percent. However, if the court finds you more than 50 percent responsible, you can’t collect compensation at all. Deciding not to wear a helmet not only increases your risk of being severely injured but also reduces your chances of collecting compensation to help you recover from those injuries.
Contact a Texas Motorcycle Accident Lawyer
Motorcycle helmet laws in Texas may not require everyone to wear a helmet, but it’s still a good idea to do so. By wearing a helmet, you can decrease your risk of dying or getting a TBI while protecting your right to fair compensation if you are injured in a collision.
If you were injured while riding, a Texas motorcycle accident lawyer can help. The Wilhite Law Firm has been securing justice for injury victims since 1977. We have a history of obtaining maximum compensation for our clients, including a $4 million motorcycle accident settlement. Our clients feel “it was a smart decision to call” us.
When you hire us to represent you, we will:
- Investigate your motorcycle crash thoroughly
- Secure all the evidence needed to build a compelling case
- Negotiate aggressively with the insurance company
- Take the insurer to court if they don’t offer a reasonable settlement
Throughout the process, you can reach us by phone or online chat 24 hours a day, seven days a week. We work on a contingency basis, so you don’t have to pay us anything until we collect compensation for you. Contact The Wilhite Law Firm today to get started with a free consultation.
