Does Texas Have a Motorcycle Helmet Law?
Yes. Under Texas Transportation Code Chapter 661, a person commits an offense by operating or riding as a passenger on a motorcycle on a public street or highway without wearing protective headgear that meets safety standards adopted by the Department of Public Safety. (§ 661.003(a))
A person also commits an offense by carrying a passenger on a motorcycle on a public street or highway if the passenger is not wearing compliant protective headgear. (§ 661.003(b))
Who Has to Wear a Helmet in Texas?
The helmet requirement applies to every motorcycle operator and passenger on a public street or highway. The only exception is for riders and passengers who meet both of these conditions at the time of the offense:
- They are at least 21 years old, and
- They have successfully completed a motorcycle operator training and safety course under Chapter 662, or they are covered by a health insurance plan that provides medical benefits for injuries incurred as a result of a collision while operating or riding on a motorcycle. (§ 661.003(c))
So the practical effect is this: riders and passengers under 21 must always wear a helmet. Riders and passengers 21 and older must also wear one unless they qualify for one of the two statutory exceptions.
What Counts as a Compliant Helmet?
The helmet must meet the minimum safety standards prescribed by the Department of Public Safety. (§ 661.003(a)(2)) The department is authorized to adopt any part or all of the American National Standards Institute’s standards for protective headgear. (§ 661.002(b))
A novelty helmet or a helmet that does not meet DPS standards does not satisfy the statute, even if the rider is wearing something on their head.
How Is the Insurance Exception Proven?
The Texas Department of Insurance is required to prescribe a standard proof of health insurance for issuance to riders 21 and older who are covered by a qualifying health insurance plan. (§ 661.003(c-2))
The statute defines “health insurance plan” broadly. It includes an individual, group, blanket, or franchise insurance policy, insurance agreement, evidence of coverage, group hospital services contract, health maintenance organization membership, or employee benefit plan that provides benefits for health care services or for medical or surgical expenses incurred as a result of a collision. (§ 661.003(i))
Do Passengers Have to Qualify Separately?
Based on the structure of § 661.003(c), the exception applies to “the person required to wear protective headgear.” That means each person on the motorcycle, operator or passenger, must independently meet the age and training-or-insurance conditions. A passenger cannot rely on the operator’s training certificate or insurance policy to ride without a helmet.
Can Police Stop You to Check for a Helmet?
Yes. Under Texas Transportation Code § 661.004, any peace officer may stop and detain a motorcycle operator or passenger to inspect their protective headgear for compliance with the safety standards prescribed by the department.
Any peace officer may stop and detain a person who is a motorcycle operator or passenger to inspect the person’s protective headgear for compliance with the safety standards prescribed by the department.
Texas Transportation Code § 661.004
However, there is one limit on police authority, and it applies only to the training and insurance exceptions. Under § 661.003(c-1), a peace officer may not stop or detain a rider or passenger for the sole purpose of determining whether the person has completed the training course or is covered by a health insurance plan.
So the two rules operate together:
- An officer can stop you to inspect your helmet. (§ 661.004)
- An officer cannot stop you solely to check whether you qualify for the training or insurance exception. (§ 661.003(c-1))
What Happens If You Are Cited?
An offense under § 661.003 is a misdemeanor punishable by a fine of not less than $10 or more than $50. (§ 661.003(h))
If you are 21 or older and qualify for the training or insurance exception, you have additional protection. Under § 661.003(c), a peace officer may not arrest you or issue you a citation for a violation of the helmet requirement if you present evidence sufficient to show that you have completed a motorcycle operator training and safety course under Chapter 662 or are covered by a qualifying health insurance plan.
Does the Helmet Law Apply to Autocycles?
An autocycle is treated as a motorcycle under this chapter, with one exception. The chapter does not apply to an autocycle that has a partially or fully enclosed cab. (§ 661.0015(b))
Does Riding Without a Helmet Affect a Texas Injury Claim?
It can. If you were injured in a motorcycle accident and were not wearing a helmet, the insurance company may argue that your injuries were worse than they would have been with one. That argument can reduce your recovery.
Texas follows a modified comparative responsibility system under Texas Civil Practice and Remedies Code Chapter 33. Under Section 33.001, a claimant may not recover damages if their percentage of responsibility is greater than 50 percent.
If the claimant’s percentage is 50 percent or less, the court reduces the damages by the claimant’s percentage of responsibility under Section 33.012(a).
The trier of fact determines the percentage of responsibility for each claimant, each defendant, each settling person, and each responsible third party under Section 33.003.
So if an insurer convinces a jury that you were partly responsible for your injuries because you did not wear a helmet, your recovery is reduced by that percentage. If the jury assigns you more than 50 percent of the responsibility, you recover nothing.
How the Helmet Defense Could Work in Texas
The helmet defense is a causation argument, not a separate cause of action. The defendant has to prove that your decision not to wear a helmet caused or worsened the specific injuries you are claiming. The defense does not automatically reduce your recovery just because you were not wearing a helmet.
Injuries to the lower body, internal organs, or spine are not typically the kind of harm a helmet prevents. A defense expert may still try to tie them together, and your attorney’s job is to challenge that.
The framework a Texas court would use comes from the Texas Supreme Court’s decision in Nabors Well Services, Ltd. v. Romero. In Romero, the Court held that “relevant evidence of use or nonuse of seat belts, and relevant evidence of a plaintiff’s pre-occurrence, injury-causing conduct generally, is admissible for the purpose of apportioning responsibility under our proportionate-responsibility statute, provided that the plaintiff’s conduct caused or was a cause of his damages.”
The Court reasoned that conduct which does not cause the accident can still cause or worsen the injury, and that a plaintiff’s responsibility for their own injuries is a proper question for the jury.
The holding is not limited to seat belts. The Court’s language covers “pre-occurrence, injury-causing conduct generally.” A Texas court could apply that same framework to helmet non-use. If it did, the strength of the defense would depend on the specific injuries and the expert testimony in the case.
If you were hurt in a motorcycle crash and the other driver’s insurer is blaming you for not wearing a helmet, our Houston motorcycle accident attorney can examine whether the defense applies to your specific injuries.
One Important Limit on Comparative Responsibility
Chapter 33 does not apply to claims for exemplary damages. Under Section 33.002(c)(2), a claim for exemplary damages included in an action to which the chapter otherwise applies is excluded from the chapter’s proportionate responsibility framework.
This matters if you are pursuing punitive damages in a motorcycle accident case. The claimant’s percentage of responsibility can reduce compensatory damages under Chapter 33, but it does not reduce an exemplary damages award under that chapter. Whether exemplary damages are available at all depends on a separate statute, Texas Civil Practice and Remedies Code Chapter 41.
Motorcycle helmet laws and the way Texas courts apply them can change, and the outcome of any claim depends on the specific facts of that case. If you have questions about your motorcycle accident, contact our Houston motorcycle accident attorneys today and schedule a free consultation. We’re happy to answer your questions about the details concerning your motorcycle accident.
Disclaimer: This article is for general information only. It does not constitute legal advice, and it does not create an attorney-client relationship.