Texas Transportation Code section 661.003 requires motorcycle riders and passengers to wear a helmet, with an exception for riders 21 or older who completed an approved safety course or have health insurance covering crash injuries. Not wearing a helmet does not bar a claim, but it can be argued as to injuries. Owsley Law Firm represents riders statewide and charges no fee unless we win.
Texas does not have a universal helmet law. Adults 21 and older may ride without one if they meet one of two conditions. Younger riders and passengers must wear approved headgear. These rules shape how insurers approach motorcycle claims, especially head injury cases.
This page explains the statute and how helmet use is treated in an injury claim. The short version: the driver who caused the crash is still responsible for causing it.
Who must wear a motorcycle helmet in Texas?
Operators and passengers on public roads must wear approved headgear unless they are at least 21 and either completed an approved training course or are covered by a qualifying health plan.
Proof of the exception is practical, not abstract. Riders 21 and older who choose not to wear a helmet should carry evidence of their safety course or of health coverage, and the Texas Department of Insurance prescribes a standard proof of health insurance for this purpose under subsection (c-2). After a crash, that same proof answers questions about whether the rider was riding lawfully.
It is also an offense to carry a passenger who is not wearing required headgear. The statute does not set a dollar amount for the health insurance exception; it requires a health plan providing medical benefits for injuries from a motorcycle collision.
- Under 21: helmet required
- 21 or older with an approved safety course: exempt
- 21 or older with qualifying health coverage: exempt
- Passengers follow the same rules
Can police stop me just to check helmet exemptions?
No. Section 661.003(c-1) bars stopping or detaining a rider solely to check course completion or health coverage.
A rider who qualifies for the exception cannot be cited or arrested for not wearing a helmet if they show sufficient evidence of the course or coverage.
Can I recover if I was not wearing a helmet?
Yes. Helmet use does not decide who caused the crash, though the insurer may argue it affected head injuries.
Fault for the crash is decided under Chapter 33. An insurer may try to argue a rider’s injuries would have been less severe with a helmet. That argument, if allowed, usually concerns head injuries, not broken bones or other injuries.
How does helmet use affect a head injury claim?
It can become a medical causation question, so neurological records and expert opinions matter.
Even helmeted riders suffer traumatic brain injuries. Thorough medical documentation of symptoms, imaging, and cognitive testing supports the claim regardless of helmet use.
What helmets meet the Texas standard?
Headgear must meet safety standards adopted by the Department of Public Safety, which generally track the federal motorcycle helmet standard.
Novelty helmets that do not meet the standard do not satisfy section 661.003 for riders who are required to wear one. For riders under 21, wearing a non-compliant helmet is treated much like wearing none.
In a claim, the type of helmet and its condition after the crash can become evidence. Keep the helmet and any receipt or certification label.
What should riders do after a crash?
Get medical care, keep the helmet, preserve the motorcycle, and avoid recorded statements to the other insurer.
A damaged helmet is evidence of the forces involved. Do not throw it away. Keep proof of your safety course or health coverage if you ride without a helmet.
How it is proven after a crash
- The helmet, damaged or not
- Proof of safety course completion or health coverage
- Neurological records and imaging
- Motorcycle damage photos
- Witness and video evidence of the crash
Mistakes that cost people money
- Throwing away a damaged helmet
- Assuming no helmet means no claim
- Delaying evaluation of head injury symptoms
- Talking to the other insurer about helmet use without advice
Frequently asked questions
Do adults have to wear helmets in Texas?
Not if they are 21 or older and completed an approved course or have qualifying health coverage.
Is there a minimum health insurance amount for the exemption?
No. Section 661.003 requires a health plan providing medical benefits for motorcycle collision injuries, without a dollar figure.
Will not wearing a helmet reduce my settlement?
It can be argued on head injuries. It does not change who caused the crash.
Do passengers have to wear helmets?
Yes, unless the passenger meets the same age and course or coverage exception.
How long do I have to file?
Generally two years from the crash under section 16.003.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
Keep reading
Texas Motorcycle Accidents: The Helmet Law, Fault, and Your Claim
Can I recover after a motorcycle accident in Texas if I was not wearing a helmet?
Motorcycle Accidents
Traumatic Brain Injury and Concussion After a Texas Car Accident