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Last Modified on Jul 17, 2026
Motorcycle accidents often result in severe injuries because riders don’t have as much protection as occupants in passenger vehicles. Helmets offer much-needed protection. However, after a crash, many motorcyclists worry that not wearing a helmet prevents them from recovering compensation. It is important to understand how Texas’s helmet law affects your injury claim in Motorcycle Accidents in Houston.
Texas does have a motorcycle helmet requirement, but it does not apply to all motorcycle riders. Additionally, helmets are only one factor that may be considered in your motorcycle accident claim. You must evaluate whose actions led to the accident, and whether the fact that you were helmetless contributed to the accident or your damages.
Motorcycle Accidents and Helmet Use in Houston
Motorcycle accidents are extremely common, with motorcycle riders accounting for 16% of all traffic fatalities in the United States. Motorcyclists tend to be significantly more catastrophic on Houston’s highways and freeways, likely due to the high speeds and frequent traffic. This includes areas such as I-10, I-45, and US-59.
Because motorcyclists lack the protection that passengers in passenger vehicles have, and because motorcyclists have a higher risk of serious injury and fatalities, helmet use is highly recommended. For motorcycle operators, helmets are estimated to be 37% effective for preventing fatal injuries. In Texas, 46.5% of fatalities occurred when a motorcyclist was not wearing a helmet.
What Is Texas’s Motorcycle Helmet Law
Texas has several motorcycle accident laws that are put in place to minimize the risk of a serious accident or fatality. One of these laws is the helmet law. However, Texas does not require all motorcyclists to wear a helmet.
All motorcyclists under 21 must wear a helmet. If you are over 21, you may legally ride without a helmet if you have completed a motorcycle operator training and safety course or have health insurance that provides medical benefits for motorcycle accident injuries.
How Not Wearing a Helmet Affects a Motorcycle Accident Claim
Not wearing a helmet does not automatically prevent you from filing a claim after a motorcycle accident in Texas. This is especially true if you are not legally required to wear a helmet under Texas’s helmet laws.
Texas has a modified comparative negligence system, which means that you may still recover compensation even if you are partially at fault for the accident. However, your damages may be reduced if you are partially at fault.
If it can be proven that not wearing a helmet contributed to your injuries, you may receive less compensation. Insurance companies must have proof to support the claim that your helmet led to your injuries, such as medical records or the testimony of a medical professional. Without this proof, you may not have reduced compensation.
It is often still worth it to file a claim, even if you are partially responsible for your injuries, because your compensation is only reduced. You are not prevented from recovering compensation so long as you have less than half of the responsibility for the crash.
Common Arguments Insurance Companies Make Regarding Helmet Use
Insurance companies work aggressively to avoid liability, deny claims, or reduce payouts. If you were not wearing a helmet, they may focus on helmet use rather than the driver’s negligence. If you hire a motorcycle accident lawyer, they can review arguments for errors. Common arguments include:
- Your injuries would have been less severe if you had been wearing a helmet.
- You assumed risk by choosing to ride without a helmet.
- Your medical expenses were increased due to your lack of a helmet, rather than the driver’s actions.
Hire a Motorcycle Accident Lawyer
Stevenson & Murray is a skilled Houston personal injury firm with over 80 years of experience in Harris County’s legal system and insurance scene. We believe in helping clients recover after a motorcycle crash, which is why we deeply investigate every case, build a custom legal strategy, negotiate with insurance companies, and work tirelessly to secure the full recovery our clients need. In total, our attorneys have secured more than $500 million in compensation for our clients.
FAQs
What Is the Helmet Law in Texas ?
Texas’s helmet law is the Texas Transportation Code § 661.003. This is the law that requires all drivers to wear a helmet unless they are over 21 and have completed a motorcycle operator training and safety course, or have a health insurance plan that would cover the injuries sustained in a crash without a helmet.
How Is a Motorcycle Accident Claim Impacted If You Were Not Wearing a Helmet While Under 21 ?
If you are under 21 and not wearing a helmet, your claim can be negatively affected, but it does not necessarily mean you cannot recover compensation. Riding without a helmet while under 21 is illegal, which can be used to argue that you acted negligently. This could potentially reduce your recovery under Texas’s modified comparative negligence rules.
What Evidence Can Be Used in a Motorcycle Accident Claim in Houston ?
Evidence that is often used in a motorcycle accident claim includes police reports, photographs of the accident scene and of vehicle damage, surveillance footage, witness statements, medical records, and professional testimony. A Houston motorcycle accident attorney can preserve evidence from the accident scene and throughout your recovery to support your case.
What Injuries Are Often Involved in a Motorcycle Accident Case in Houston ?
Motorcycle accidents often result in severe injuries including traumatic brain injuries, spinal cord injuries, broken bones, road rash, and internal organ damage. Helmet use can prevent head and brain injuries, which can often be some of the most catastrophic injuries accident victims face. Many victims are left with injuries that require extensive medical treatment, rehabilitation, and ongoing care after a motorcycle accident.
Learn How a Houston Motorcycle Accident Attorney From Stevenson & Murray Can Help
While wearing a helmet does reduce the risk of head injuries and fatalities, it is still common for riders to forgo this protection. Even if you were involved in a crash without a helmet, you have the same legal rights to pursue compensation. Contact Stevenson & Murray to learn how our attorneys can help you challenge insurance companies who may attempt to deny you compensation due to your lack of a helmet.
