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Written by TK Injury Lawyers, reviewed by Trent Kelly on June 28, 2024
It is not uncommon for states to pass helmet laws that govern motorcycle operations. To know if do you have to wear a helmet on a motorcycle in Texas, this is largely due to the severe nature of motorcycle accidents, often due to the lack of protection that cars and truck passengers enjoy.
In Texas, the helmet law generally requires the use of a helmet for individuals under the age of 21 unless they meet certain legal criteria. While the Texas helmet law is lenient towards certain individuals, TK Injury Lawyers have noticed that helmets often reduce the severity of motorcycle accident fatalities by up to 70%. Therefore, it is recommended that you wear a helmet whenever riding a motorcycle to protect yourself from life-threatening injuries.
Read on to learn more about helmet laws in Texas and how a motorcycle accident can be of help.
In Texas, motorcycle helmet laws are quite specific and enforceable. The laws require the following:
In Texas, a police officer can issue you a ticket for not wearing a helmet only if you get pulled over for another infraction, such as speeding. This means not wearing a helmet is considered a secondary offense.
However, officers can stop a motorcyclist solely to check for helmet law compliance if they suspect the rider is under 21. If you don’t comply with these helmet laws and are issued a citation, the fine can be as much as $50.00.
Helmets must comply with the standards stipulated by the U.S. Department of Transportation (DOT). This means that the helmet must have a DOT sticker or label indicating that it meets the DOT’s safety standards.
Additionally, motorcycle riders younger than 21 must wear helmets that conform to the American National Standards Institute (ANSI) standards.
Wearing a helmet can greatly reduce your chances of a fatal or serious brain injury in a crash. According to the CDC, helmets cut the risk of death by 37% and head injuries by 69%.
Do you have to wear a helmet on a motorcycle in Texas? Some riders meet the criteria to legally ride without one, yet doing so brings real risks. Without a helmet, the chance of serious injury rises, and so does the likelihood that an insurance company will argue your choice contributed to the harm when handling your claim.
Here are some reasons to always wear a helmet:
For riders in Austin and across Central Texas, helmet use is more than a legal issue. It serves as a safeguard for your health, your case, and your peace of mind.
The Insurance Institute for Highway Safety (IIHS) records almost 400,000 registered motorcycles in Texas. In the recent year alone, there were 562 motorcycle fatalities in the state, 24 times higher than those of passenger car occupants. Additionally, motorcyclists account for 17% of all motor vehicle fatalities in Texas.
Alcohol impairment contributes to around 28% of motorcycle fatalities. Moreover, motorcycle crashes at night are three times more likely to result in fatalities compared to daytime crashes.
The demographic most affected by fatal motorcycle accidents are individuals aged 20-45. These accidents are rampant in urban areas, where 67% of motorcycle fatalities occur. Approximately 35% of these deaths happen at intersections. See what to expect after a motorcycle accidents here.
Law enforcement officers in Texas may not stop you solely to verify your exemption from the helmet law. If you’re involved in an accident or another violation prompts a stop, helmet compliance can still become a point of scrutiny.
According to the Texas Transportation Code §661.003, an officer may not stop a rider 21 or older just to check for helmet exemption. If you’re under 21 and not wearing a helmet, you’re subject to immediate citation and penalties.
If you’re pulled over for another traffic issue and cannot produce proof of exemption (such as a safety course or qualifying insurance), you could face fines or legal consequences.
Austin law enforcement may not actively target helmet use; however, they do address violations during traffic stops or after a crash. Failing to comply with helmet laws could affect your legal standing, making it essential to stay protected and well-informed.
Beyond helmet use, there are several proactive steps you can take to reduce the risk of serious injury on Texas roads. According to the NHTSA, safe riding habits play a major role in accident prevention.
Here’s how to minimize your risk:
Safety-conscious motorcyclists not only protect themselves, they also strengthen future personal injury claims by demonstrating responsible behavior.
If you’re in a motorcycle accident in Texas, helmet laws might come into the picture. You need to know which laws affect your case so as to safeguard your rights. A motorcycle accident attorney from TK Injury Lawyers: Austin Personal Injury Lawyer can interpret the law for your benefit. Therefore, having a lawyer on your side can increase chances for fair recovery.
Contact us today to book a free case evaluation.
Trent Kelly obtained his law degree from the University of Arkansas in 2007. He is licensed to practice law in Texas and regularly assists clients with their legal matters. Trent’s practice is primarily focused on personal injury matters – particularly those involving motor vehicles (such as cars, commercial trucks, 18-wheelers, and motorcycles) and wrongful death – but he also handles various business litigation matters as well. Click here to take a look at some complex cases Trent has resolved.
Years of experience: +15 years
Location: Austin, TX
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Trent Kelly, who has more than 15 years of legal experience as a practicing personal injury trial attorney.
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