By Anderson, Cummings & Drawhorn on September 19, 2025
Motorcycles offer an exhilarating way to travel, but riders in Texas must be aware of the laws that protect their safety—and their legal rights. Do you have to wear a helmet on a motorcycle in Texas? The answer depends on a few key factors, including your age, training, and insurance status.
In Texas, motorcycle riders and passengers under the age of 21 are required to wear a helmet. Riders 21 and older may legally ride without a helmet only if they have either completed a state-approved motorcycle safety course or carry qualifying health insurance that specifically covers motorcycle accident injuries. Even with these exemptions, helmet use is strongly recommended for every rider on the road.
At Anderson, Cummings & Drawhorn, we help motorcyclists across the state understand how these laws affect them—especially after a motor vehicle accident.
Motorcycle Accidents in Texas often raise questions about helmet laws. Texas law allows some motorcyclists to ride without a helmet, but that freedom comes with conditions.Texas law allows some motorcyclists to ride without a helmet, but that freedom comes with conditions. Helmet use is carefully regulated to balance individual choice with public safety and to reduce the risk of life-threatening injuries in the event of a crash.
As noted earlier, all riders and passengers under 21 are legally required to wear a helmet. Riders who are 21 or older can legally go without a helmet, but only if they meet certain criteria. Even then, police officers still have the right to pull over motorcyclists to check whether they qualify, especially during routine traffic stops or after a crash.
According to the Texas Transportation Code §661.003, helmets are required for all motorcycle operators and passengers unless the exemption applies. The statute outlines:
These rules are in place to reduce preventable injuries while allowing responsible adult riders limited flexibility under the law.
The statistics behind helmet use are clear: motorcycle helmets save lives. According to the most recent data from the Texas Department of Transportation, 600 motorcyclists were killed in crashes on Texas roads, and 239 of those riders were not wearing helmets at the time of the accident. That’s nearly 40% of all motorcycle fatalities and a strong reminder of the risks riders face without proper protection.
Helmets reduce the risk of head injury by 69% and the risk of death by 37% nationwide, according to the National Safety Council. These numbers reinforce why helmet use remains a focal point in motorcycle safety advocacy, education efforts, and legal discussions involving motor vehicle accident claims.
Failing to wear a helmet when required isn’t just unsafe—it’s illegal. Riders who violate helmet laws may face a misdemeanor charge, along with a fine ranging from $10 to $50.
While the fine might seem minor, the impact can be more serious than it appears. If you’re pulled over and can’t show proof of insurance or a completed safety course, you could face added legal trouble. And if you’re involved in a motor vehicle accident, not wearing a helmet can work against you. Insurance companies may try to reduce your compensation or argue that you share some of the blame under Texas’s comparative fault laws.
Wearing a helmet isn’t just about staying safe on the road—it can also influence the outcome of your personal injury claim. Because Texas uses a modified comparative fault rule, any share of blame assigned to you could lower the amount of compensation you’re eligible to receive.
Not wearing a helmet may allow insurers to argue that you contributed to the severity of your injuries, even if you didn’t cause the accident. This can reduce the amount of compensation you’re eligible to recover for medical bills, pain and suffering, lost wages, and long-term disability.
If the case proceeds to trial, not wearing a helmet may be used to suggest you didn’t take reasonable care for your own safety. This can carry particular weight in head injury cases, where jurors often consider whether basic precautions were taken.
Regardless of age or exemption status, we strongly recommend all motorcyclists and passengers wear DOT-approved helmets every time they ride.
Why? Because helmets:
From a legal perspective, wearing a helmet shows that you took reasonable steps to protect yourself. That proactive choice can go a long way in court or settlement negotiations if a motor vehicle accident occurs.
At Anderson, Cummings & Drawhorn, we understand that motorcyclists often face an uphill battle when pursuing justice after a crash. Insurance companies are quick to blame the rider, especially if they weren’t wearing a helmet. We use our decades of trial experience to push back against those tactics and fight for the full compensation you deserve.
Whether you were wearing a helmet or not, you still have legal rights under Texas law. If you’re wondering, “do you have to wear a helmet on a motorcycle in Texas?,” or “how that decision might affect your motor vehicle accident claim?”, we’re here to help.
Call us today at 817-920-9000 to talk with a Fort Worth motorcycle accident attorney who puts your needs first. There’s no cost to speak with us—we’re here to listen and help you move forward.
Anyone under 21, whether operating or riding on a motorcycle, must wear a helmet under Texas law.
You are legally required to wear a helmet unless you have completed a motorcycle safety course or carry health insurance that covers motorcycle injuries.
Yes, but only if you’re over 21 and meet one of the exemption criteria—either safety course completion or appropriate health insurance.
It might. Insurance adjusters may argue that not wearing a helmet contributed to your injuries, which could reduce your compensation under Texas’s comparative negligence rules.
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 Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.
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