Texas Motorcycle Helmet Laws

A motorcycle accident can turn your world upside down in seconds. In Texas, helmet laws aren’t one-size-fits-all—what you wear and what you know can have serious implications for both your safety and your injury claim. At Trust Guss Injury Lawyers, we’re here to help you understand your rights, protect your health, and move forward with support you can count on.

Who Must Wear a Helmet?

Texas law generally requires motorcycle riders and passengers under age 21 to wear a helmet. However, riders 21 or older may legally ride without a helmet under certain conditions.

Under Texas Law, motorcycle helmets must be worn unless:

• The rider is 21 years of age or older, and
• The rider has either completed a Department of Public Safety-approved motorcycle safety course or
• The rider has health insurance coverage that will cover motorcycle accident injuries.

These exceptions create a dual-tiered system in Texas: one set of requirements for riders under 21, and a more lenient, but conditional, rule for older riders.

Are You Overwhelmed With Questions After a Motorcycle Crash?

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You don’t have to navigate Texas helmet laws alone. Call 888-298-4070 or contact us online for a free, confidential consultation. We are available 24/7.

What Are the Helmet Requirements for Riders Under 21?

Texas law is unambiguous for motorcyclists and passengers under the age of 21: a helmet is mandatory at all times, regardless of experience or insurance status. This applies whether the rider is operating the motorcycle or riding as a passenger. Failure to comply with this requirement can result in a Class C misdemeanor and potential implications for liability or negligence in the event of an accident.

Exceptions for Riders 21 and Older

Riders aged 21 and older may legally operate or ride on a motorcycle without wearing a helmet only if they have completed a DPS-approved motorcycle operator training course, or they carry at least $10,000 in medical insurance coverage specifically for motorcycle-related injuries. Notably, police officers may not stop riders solely to check for compliance with the helmet exemption if the rider is 21 or older. However, this does not prevent citations if a stop is made for other traffic violations and the exemption criteria are not met.

What Makes a Helmet Legally Safe in Texas?

If you choose to wear a helmet—and especially if you’re required to by law—it’s important to know that not all helmets offer the same protection. In Texas, helmets must meet federal safety standards set by the Federal Motor Vehicle Safety Standard (FMVSS) No. 218, as outlined in Texas Transportation Code § 661.001(2). To be considered compliant and truly protective, a helmet must have the following:

• A DOT sticker showing it meets federal safety standards
• A thick, impact-absorbing liner (usually about one inch)
• Secure, functional chin straps
• Proper manufacturer labeling inside

Helmets that don’t meet these standards—like novelty helmets or thin plastic shells—may look the part but offer little to no protection during a crash. Wearing a certified helmet isn’t just about following the law; it’s about giving yourself the best possible chance to walk away from an accident.

The Real Impact of Helmet Use

Even when it’s not legally required, helmets save lives. According to the National Highway Traffic Safety Administration (NHTSA), helmets are 67% effective in preventing brain injuries and reduce the risk of death by 37% for motorcycle riders. We understand that helmet choices often come down to personal comfort, experience, and individual beliefs. Our job is not to judge but to help you understand how your decisions may affect you legally and medically if an accident occurs. We're here to ensure you're informed, protected, and supported.

What if You Weren’t Wearing a Helmet?

Helmet Laws and Your Injury Claim

Helmet use or lack thereof can significantly affect how a personal injury claim is evaluated, particularly in cases involving head injuries. Texas follows a modified comparative negligence standard (Texas Civil Practice & Remedies Code § 33.001): even if you’re partly at fault, you may recover—but only if you're less than 51% responsible. Insurance companies often argue injuries would’ve been milder if a helmet had been worn, leading to reduced payouts. But we meet that with evidence showing that even with a helmet, your injuries were driven by the other driver’s negligence.

How Helmet Laws Affect Wrongful Death Claims

In fatal crashes, not wearing a helmet might impact the compensation for the loss of life. That said, survivors can still recover when another's negligence clearly caused the crash, and the rider met the criteria (age, training, or insurance) that legally allowed them to ride without a helmet. Our goal is to ensure that legal technicalities don’t rob families of the justice they deserve.

Will Not Wearing a Helmet Hurt Your Injury Claim?

If you weren’t wearing a helmet during your motorcycle accident, you may be worried that it could hurt your chances of receiving fair compensation. Unfortunately, insurance companies might claim that your injuries are your fault because you didn’t wear a helmet or that they’re only responsible for the harm a helmet wouldn’t have prevented. But you should know: these claims are not always backed by medical science.

Whether you wore a helmet or not, your right to fair compensation still matters. Call us at 888-298-4070 or send us a message. We’re here to protect your rights, reduce blame-shifting, and stand up for every dollar you need to rebuild your life after a motorcycle accident.

Why Trust Guss Injury Lawyers?

When the unexpected happens, you need a lawyer who understands both the law and what you’re going through. We offer:

• Dedicated empathy—you’re not just a case number to us.
• Decades of personal injury experience in Texas.
• Deep knowledge of helmet law nuances and how they impact claims.
• Partnership with neurologists and reconstruction pros.
• Zero fees unless we win your case.
• 24/7 access to real people, not voicemail.
• We help get you medical care now, through our "Treat First" policy.

If you've been injured in a motorcycle crash—helmeted or not—reach out now. We’ll advocate for your recovery and compensation every step of the way. Call us anytime at 888-298-4070 or contact us online for your free consultation.