Texas Motorcycle Laws for San Antonio Riders: Helmets, Lanes, Fault, Insurance and Deadlines

The Texas helmet law, Section 661.003

Many riders believe helmets are optional for everyone in Texas. That is not right. Transportation Code Section 661.003 makes it an offense to operate or ride as a passenger on a motorcycle on a public street or highway without protective headgear that meets the safety standards adopted by the Department of Public Safety. Under Subsection (b) it is also an offense to carry a passenger who is not wearing one. Section 661.002 is the one that tells DPS to set those standards.

The exception in Subsection (c) is narrower than people think. It applies only if the person required to wear the helmet was at least 21 years old and either had successfully completed a motorcycle operator training and safety course under Chapter 662 or was covered by a health insurance plan providing medical benefits for injuries from a collision while operating or riding on a motorcycle. A rider or passenger under 21 must wear a helmet on every ride.

Rider or passenger	Helmet required on a public street or highway?
Under 21	Yes, always
21 or older, completed a motorcycle operator training and safety course	No
21 or older, covered by health insurance for motorcycle collision injuries	No
21 or older, with neither	Yes

• Checking the exception. A peace officer may not arrest or cite a person of 21 or older who presents evidence of the course or the insurance (Subsection (c)), and may not stop or detain a rider for the sole purpose of checking either one (Subsection (c-1)).
• Proof of insurance. Subsection (c-2) tells the Texas Department of Insurance to prescribe a standard proof of health insurance for riders 21 and older.
• What counts as health insurance. Subsection (i) defines it broadly: an individual, group, blanket or franchise policy, an HMO membership, an employee benefit plan and similar coverage that pays for health care or medical expenses from a collision.
• The penalty. Subsection (h) makes the offense a misdemeanor punishable by a fine of not less than $10 or more than $50.
• Autocycles. Section 661.0015 treats an autocycle as a motorcycle for this chapter, except one with a partially or fully enclosed cab.

Does riding without a helmet affect an injury claim?

Section 661.003 is a traffic rule. Nothing in it says a rider without a helmet loses an injury claim, and a helmet has nothing to do with why a driver turned left in front of you. What insurers argue instead is that not wearing a helmet made a head injury worse, so part of that harm should be put on the rider under Chapter 33 of the Civil Practice and Remedies Code, which asks who caused or contributed to cause the harm. The argument cannot reach a broken leg or road rash, and it needs evidence: Section 33.003(b) does not allow a question about anyone’s conduct to go to a jury without sufficient evidence to support it.

Lane rules for motorcycles, Section 545.0605

Since September 1, 2023, Texas has had a lane rule written for motorcycles. Section 545.0605 says the operator of a motorcycle is entitled to the full use of a lane, and that a motor vehicle may not be driven in a manner that deprives a motorcycle of the full use of a lane. It also says:

• Two motorcycles may ride two abreast in a single lane.
• A rider may not ride more than two abreast in a single lane with other motorcycles.
• A rider may not operate between lanes of traffic moving in the same direction. Lane splitting and lane filtering are not legal in Texas.
• A rider may not pass a motor vehicle while in the same lane as that vehicle.
• These limits do not apply to a police officer performing official duties.

Our article on lane splitting in Texas explains how these rules come up in an injury claim.

Right-of-way rules behind most motorcycle crashes

Section	What it requires of a driver
545.152	Turning left: yield to a vehicle approaching from the opposite direction that is in the intersection or close enough to be an immediate hazard
545.060	Marked lanes: drive as nearly as practical entirely within one lane, and leave it only when it can be done safely
545.104	Signal a turn or a lane change, and signal a turn for at least the last 100 feet
545.062	Following: keep an assured clear distance so the driver can stop safely without a collision
545.155	Entering from a driveway, alley or private road: yield to vehicles approaching on the highway
545.153	After stopping at a stop sign: yield to a vehicle close enough to be an immediate hazard
545.351	Speed: no faster than is reasonable and prudent under the conditions
545.4251	No reading, writing or sending electronic messages on a portable wireless device while driving unless stopped

Section 545.416 sets rules for riders carrying a passenger: the passenger must ride on a seat designed for one, the motorcycle must have footrests and handholds for the passenger, and a passenger must generally be at least five years old unless seated in a sidecar. Our article on motorcycle passenger rules in Texas covers them.

Fault: the 51 percent rule

Texas uses proportionate responsibility, in Chapter 33 of the Civil Practice and Remedies Code. Under Section 33.003, the jury gives each claimant, defendant, settling person and designated responsible third party a percentage of responsibility for the harm. Under Section 33.001, a claimant may not recover if their percentage is greater than 50. If it is 50 or less, Section 33.012 reduces the damages by that percentage. Under Section 33.013, a defendant found more than 50 percent responsible is jointly and severally liable for the damages the claimant recovers.

How fault is split	What happens to the rider’s damages
Driver 100 percent, rider 0 percent	Not reduced
Driver 80 percent, rider 20 percent	Reduced by 20 percent
Driver 50 percent, rider 50 percent	Reduced by half
Driver 49 percent, rider 51 percent	No recovery

Our page on who is at fault in a motorcycle crash explains how the usual arguments against riders are answered.

Insurance rules

• Minimum liability, Transportation Code Section 601.072. $30,000 for bodily injury to or death of one person, $60,000 for two or more people, and $25,000 for property damage, in one collision.
• Uninsured and underinsured motorist coverage, Insurance Code Section 1952.101. An auto liability policy must include it unless a named insured rejects it in writing. Under Section 1952.106, underinsured coverage pays what the insured is legally entitled to recover, up to the policy limit, reduced by what is recovered or recoverable from the other driver’s insurer.
• Personal injury protection, Insurance Code Sections 1952.151 to 1952.157. An auto policy must include PIP unless rejected in writing. The law does not require PIP above $2,500 per person (Section 1952.153). It is paid without regard to fault (Section 1952.155) and is due within 30 days of satisfactory proof (Section 1952.156).
• Hospital liens, Property Code Chapter 55. A hospital that admits an injured person within 72 hours of the accident has a lien on the person’s claim (Section 55.002).

Whether a motorcycle policy carries PIP, UM and UIM depends on what was bought and what was rejected in writing, so read your own declarations page. Our page on dealing with the insurance companies goes through each coverage.

Duties after a crash

A driver involved in a collision that injures someone must stop, check whether anyone needs aid and remain (Transportation Code Section 550.021), exchange name, address, registration and insurer and give reasonable help to the injured (Section 550.023), and notify the police (Section 550.026). An officer who investigates a crash with injury, death or apparent property damage of $1,000 or more files a crash report with TxDOT within 10 days (Section 550.062). Our page on what to do after a motorcycle wreck explains how to get that report.

Deadlines

• Two years for injury claims. Civil Practice and Remedies Code Section 16.003 requires suit for personal injury within two years after the cause of action accrues, and a claim for a death within two years of the death.
• Minors. Under Section 16.001, the time a person is under 18 is not counted.
• Government bodies. Under the Texas Tort Claims Act, Section 101.101, a governmental unit is entitled to written notice of a claim within six months of the incident, and a city charter may require notice sooner.
• Where to sue. Under Section 15.002, a suit generally goes in the county where all or a substantial part of the events happened.

Exemplary damages

Exemplary damages may be awarded only on clear and convincing evidence that the harm resulted from fraud, malice or gross negligence, with a unanimous jury (Section 41.003). Section 41.008 caps them in most cases, but its Subsection (c) takes certain felonies out of the cap, among them intoxication assault and intoxication manslaughter.

Questions people ask