Are Motorcycle Helmets Required in Texas?
Motorcyclists face unique safety risks. They are far more likely to suffer a serious head injury in a crash than are the occupants of full-sized passenger cars. A motorcyclist should always wear a proper safety helmet. However, they are only required by law in Texas for riders who are under the age of 21. Here, our Sugar Land motorcycle accident attorney provides an in-depth overview of the motorcycle helmet laws in Texas.
Know the Law: Age-Based Requirements for Motorcycle Helmets in Texas
Texas regulates motorcycle helmet use under Tex. Transp. Code § 661.003. The statute requires an operator or passenger under 21 years of age to wear protective headgear that meets Department of Public Safety (DPS) standards. A rider who falls within that age category has no discretion. Failure to wear a helmet constitutes a traffic violation.
To be clear, under Texas law, a rider who is 21 or older may operate or ride on a motorcycle without a helmet. However, he or she can only do so if they have completed an approved motorcycle operator training course or carries health insurance coverage that provides medical benefits for injuries sustained in a motorcycle crash.
Compliance Standards and Approved Protective Headgear
Texas does not permit any type of head covering to qualify as compliant protective gear. The helmet must meet safety standards adopted by the Department of Public Safety. In practice, that means equipment that satisfies federal motor vehicle safety standards applicable to motorcycle helmets. Indeed, a novelty helmet does not satisfy the statute. If a rider under 21 wears noncompliant headgear, the rider remains in violation of the law.
Motorcycle Accident Injury Claim Implications (Lack of Helmet)
Texas follows a modified comparative responsibility system. An injured victim cannot recover damages if the trier of fact assigns more than 50 percent responsibility to that person. If responsibility does not exceed 50 percent, recovery is reduced in proportion to the assigned percentage. Why this matters is that helmet use can enter the analysis in head injury cases. A defendant may argue that failure to wear a helmet contributed to the severity of the injuries. Texas courts generally treat helmet nonuse as relevant to mitigation of damages rather than to liability for the crash itself. A rider who did not cause the collision does not become at fault for the collision solely because the rider failed to wear a helmet.
Motorcycle Accident Victims Have a Right to Seek Full and Fair Compensation
Hurt in a motorcycle crash in Southeastern Texas? Regardless of whether or not you were wearing a helmet, you have the right to pursue financial compensation for your damages, including for economic losses. Our Sugar Land motorcycle accident lawyer can help. Along with other losses, your settlement/verdict may include compensation for:
- Motorcycle repairs;
- Emergency room care;
- Hospital bills;
- Other medical expenses;
- Physical therapy;
- Loss of wages;
- Diminished earning power;
- Pain and suffering;
- Long-term disability; and
- Wrongful death.
Call Our Sugar Land, TX Motorcycle Accident Attorney Today
At Henrietta Ezeoke Law Firm, our Sugar Land, TX motorcycle accident attorney provides solutions-focused advocacy to injured victims. If you have any questions about motorcycle helmets and crashes, please call us now or contact us online for a free case review. Our firm handles motorcycle injury claims in Sugar Land, Houston, and throughout the region in Southeast Texas.
Source:
codes.findlaw.com/tx/transportation-code/transp-sect-661-003/
