Texas motorcycle law requires all motorcycle riders and passengers under the age of 21 to wear a helmet.
Riders under age eight are not allowed to ride motorcycles or be carried on one by others.
If you are over age 21, you must also wear a helmet unless you can prove that either of the following criteria are true:
- You have completed an approved motorcycle operator training course.
- You have purchased medical insurance coverage that covers motorcycle accident injuries.
Texas state police may not stop a motorcyclist who is riding without a helmet to determine if the rider is complying with state law.
Motorcycle Helmets Are the Best Way to Reduce Harm
According to the U.S. Centers for Disease Control and Prevention (CDC), “The single most effective way for states to save lives and save money is a “universal helmet law.” While Texas does have a motorcycle helmet law, it is not a universal helmet law. If you ride a motorcycle in Texas, then it is important to know the details of the law, how to pick a helmet, and why you may need a motorcycle injury lawyer even if you were wearing a helmet at the time of the crash.
If you choose to ride, it’s crucial that you wear as much protection as possible, drive safely, and avoid taking risks that could contribute to a crash. This includes choosing the right helmet for your needs based on the following factors listed by the National Highway Traffic Safety Administration (NHTSA):
- Shape and size of your head: Most people have a head shape between round and oval, which can affect how snugly your helmet fits. If your helmet is too loose because it doesn’t fit your head shape or it’s too large for your head size, it could come off during a crash.
- Style: Depending on your bike type, you may need a helmet with full coverage and face shields. Some riders choose a smaller style that doesn’t cover their face or chin, leaving them at higher risk of traumatic brain injury.
- Safety rating: Choose a helmet that displays a DOT symbol on the back, indicating it meets the NHTSA’s Federal Motor Vehicle Safety Standard (FMVSS). Many novelty helmets are for sale from online retailers, and these may not meet the standard.
The NHTSA reports that motorcycle fatalities account for 14% of all traffic deaths in the US, even though they represent only 3% of registered vehicles. States with universal helmet laws report only 9% of riders failing to wear a helmet, compared to 55% of those without universal requirements.
Should You Wear a Helmet?
That is a personal decision—as long as you comply with the state law requirements. Helmets can reduce the risk of death in a motorcycle crash by 37% for operators and 41% for passengers, according to the CDC. Helmets also reduce the risk of brain injury in a motorcycle crash by 69%.
Other vital facts from the Advocates for Auto and Highway Safety that may persuade you to put on a helmet every time you ride are:
- Motorcycle riders wearing helmets experience up to 69% lower injury rates and 42% lower fatality rates than those not wearing helmets.
- Riders who don’t use helmets suffer cervical spine injuries at twice the rate of those who wear helmets.
- Injury and fatality costs make up 83% of the total damages for motorcycle crashes, which are often higher when the rider or passenger did not wear a helmet.
Attorney Steve Lee recommends you wear a helmet, along with other safety gear, to reduce your risk of life-altering injury if you are involved in a motorcycle crash.
While state police aren’t allowed to stop you to verify whether you are complying with the law, if you were not wearing a helmet during an accident, it’s likely this could be used against you by the other party. To protect yourself and your claim, always wear a helmet when you ride.
Motorcycle Helmets Protect You From Serious Head Injuries
The Texas Department of Transportation (TxDOT) documented 9,094 annual motorcycle accidents in its most recent annual reports. Of those, 5,231 involved riders and passengers who were wearing helmets and 3,225 accidents involved those who did not. Those without helmets likely suffered more serious head and neck damage, including fatal injuries. Without a helmet, you are subject to two major kinds of forces: blunt trauma and penetrating trauma.
Blunt Force Trauma
When you are hit by other vehicles, or your motorcycle contacts a stationary object, you will likely be thrown off your bike into some other object. This could be a car, truck, guardrail, post, or the road itself. In addition, you may be hit by other vehicles if you’re thrown into traffic. Even if you stay on your bike, tipping over and sliding could cause you to slam your head into the pavement.
When your head hits or is hit by another object at high speed, the force of impact can cause traumatic brain damage. You may black out, suffer physical or cognitive injury, or die. Without a helmet, you may also suffer severe injury to your face, jaw, ears, and scalp. Wearing a helmet can substantially reduce the effects of blunt force trauma.
Penetrating Trauma
Penetrating trauma involves foreign objects entering the skull and brain. Helmets can prevent pieces of your motorcycle or other vehicles from reaching your skull, avoiding a fatal injury. When you use a full helmet with a face shield, you can reduce the risk of facial injury from flying objects or shrapnel.
What Else Can You Do to Avoid Injury in a Motorcycle Accident?
The best way to avoid injury while enjoying your motorcycle is to take steps to keep accidents from happening.
While you are not in control of every aspect of the road, such as the weather and other drivers, it’s important that you stay ready to ride and don’t contribute to a crash.
We recommend the following tips to reduce your chance of injury in a motorcycle accident:
- Maintain your license: Ensure you have completed an approved motorcycle course and received your license. You must complete a written test and demonstrate practical skills to receive a motorcycle license in Texas.
- Develop your skills: Even after completing a training course, it’s important that you practice in safe locations and take additional classes. You should spend time getting to know your bike and how it handles different situations.
- Check the weather and road conditions: Most riders won’t use their bikes in the rain because of the risk of skidding or losing control. Verify your route and any road construction or other concerns before you get on your bike.
- Inspect your bike for problems: Before every ride, check your motorcycle’s brakes, headlights, turn signals, tires, and look for oil leaks. Ensure you have enough gas for your trip and secure any cargo so you’re not off balance.
- Don’t abuse alcohol or drugs: These substances affect your judgment and reaction times, meaning you are at higher risk of crashing if something goes wrong. It’s also against Texas law to drive under the influence.
- Wear a helmet every time: Even for a quick trip around the corner, it’s vital that you wear your helmet any time you get on the road. Never reuse a helmet that’s been in an accident.
- Drive defensively: Motorcycles are rare on the road and much smaller than other vehicles, meaning most drivers aren’t looking out for you. As your parents may have told you, you must drive for yourself and everyone else, watching out for unexpected lane changes or other choices that could put you in danger.
If you have been hurt in any way, then it is important to speak with an experienced motorcycle injury lawyer as soon as possible to talk about your potential recovery. Please contact Houston motorcycle accident attorney Steve Lee today for more information.