Texas generally requires motorcycle operators and passengers to wear approved helmets on public streets and highways. People under 21 must wear one. At 21 or older, a person can qualify for an exception through an eligible motorcycle safety course or health insurance that covers injuries from a motorcycle collision. After a crash, document both how the collision happened and the injuries it caused.
Who must wear a motorcycle helmet in Texas?
Texas Transportation Code § 661.003 applies to motorcycle operators and passengers on public streets and highways. The operator can also be cited for carrying a passenger without approved headgear if the passenger does not qualify for an exception. The Texas Motorcycle Operators Manual identifies Federal Motor Vehicle Safety Standard No. 218 as the helmet standard.
Check each person separately. For example, a 24-year-old operator who completed an eligible course may qualify for an exception. A 20-year-old passenger on that motorcycle still needs an approved helmet. If both are 21 or older, each must meet the course or insurance condition to ride without one.
How does the age-21 helmet exception work?
A person who is at least 21 qualifies under § 661.003(c) if they successfully completed a motorcycle operator training and safety course under Chapter 662 or had a health insurance plan that provides medical benefits for injuries from a collision while operating or riding on a motorcycle.
If you rely on insurance, ask your carrier for the applicable plan language and confirmation that motorcycle collision injuries are covered. A motorcycle liability insurance card alone does not establish what your health plan covers. If you rely on a course, keep the completion record. After a wreck, save the version of the plan or the course certificate that applied on the crash date.
Can helmet use affect a Texas motorcycle injury claim?
After a wreck, the circumstances of the collision and the cause or severity of a particular injury can raise separate questions. A left-turn collision, for instance, may turn on where each vehicle was, the signal phase, and whether the turning driver had time to yield. A dispute about a head injury may depend on the impact, the medical findings, and the evidence about what the helmet would have changed.
Under Texas Civil Practice and Remedies Code §§ 33.001 and 33.012, in a claim covered by Chapter 33, a claimant assigned more than 50 percent responsibility cannot recover damages. If the claimant is 50 percent responsible or less, recoverable damages are reduced by their share of responsibility. Helmet status alone does not assign a percentage. If an insurer raises the issue, ask what evidence supports its position and which injuries it says were affected.
What should you save after a motorcycle crash?
- Helmet and gear. If you were wearing a helmet, keep it in its post-crash condition. Photograph the shell, strap, labels and visible damage. Save the receipt or product details if available.
- Crash evidence. Save original camera files, witness contacts, the report number, and photos showing the lanes, signs and damage. Note who may have security or traffic footage and ask promptly that it be preserved.
- Exception records. Keep course records or the health plan terms and coverage dates if the age-21 exception could matter.
- Treatment records. Keep emergency records, imaging reports, follow-up notes, and bills. They can help show when symptoms started and which injuries required treatment.
If you were injured as a rider or passenger, DIG’s motorcycle accident injury team can review the crash facts, the records you have, and the issues the insurer has raised. If a lawsuit deadline is approaching, see DIG’s Texas crash filing deadline guide for the general timeline and exceptions.
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