ROAD JUSTICE RIDER GUIDE #4
What Every Texas Rider Needs to Know — Before and After a Crash
This guide covers the Texas laws that matter most to motorcycle riders — the regulations you must follow, what you’re permitted to do on the road, and how violations affect an insurance claim or lawsuit.
A seasoned Texas motorcycle accident attorney can help you understand how these laws apply to your case and protect your rights after a Texas motorcycle accident.
Licensing — Transportation Code §521.221
Texas requires a Class M motorcycle license or endorsement to operate a motorcycle (any two- or three-wheeled vehicle with an engine over 5 horsepower). Obtain it by passing the DPS written and skills tests, or by completing an approved Motorcycle Safety Course (MSC).
Legal impact: Riding without a valid Class M license gives the defense a point to exploit in a crash claim. It does not automatically create liability, but it weakens your position.
Helmet Law — Transportation Code §661.003
Texas requires helmets for all riders and passengers with specific adult exemptions. Both conditions must be met simultaneously for the exemption to apply:
- The rider is 21 years of age or older AND
- The rider either (a) carries at least $10,000 in qualifying medical benefits coverage OR (b) has completed an approved Motorcycle Operator Training Course (MOTC)
The myth
“No helmet means I lose my case.” This is incorrect. Under Texas comparative fault rules, helmet absence is only relevant to head, face, and neck injuries. Every other injury in the crash is unaffected.
The reality
For head, neck, and facial injuries, the defense will argue that your injuries were worse because you weren’t helmeted and ask the jury to reduce your award for those specific injuries. This is a winnable argument with the right attorney.
Your helmet is also evidence
Impact marks on your helmet establish where your head hit, how hard, and at what angle. Keep it. Don’t clean it. Don’t repair it. It supports your version of the crash.
Eye Protection — Transportation Code §661.004
All motorcycle operators must use eye protection — goggles, a face shield, or protective eyewear — unless the motorcycle is equipped with an equivalent windshield. No age exemption.
Equipment Requirements
| Requirement | Texas Code Section | Legal Impact If Violated |
| Headlight on at all times | §547.302 | Defense will use visibility arguments, especially “didn’t see the bike” crashes |
| Handlebar height ≤ shoulder height when seated | §547.607 | Equipment violations can be cited in crash reports |
| Working front and rear brakes | §547.408 | Brake failure contributing to the crash affects comparative fault |
| At least one rearview mirror | §547.6021 | Minor but documentable violation |
| A muffler prevents excessive noise | §547.604 | Illegal straight pipes rarely affect crash cases, but are noted in reports |
| Tire tread ≥ 2/32 inch | §547.4041 | Bald tires, contributing to loss of control, significantly affect fault calculation |
Lane Use
Full lane rights — Transportation Code §545.060
A motorcycle operator is entitled to the full use of a lane. No vehicle may drive in a way that deprives a motorcycle of the full use of a lane. A driver who sideswiped you because they were sharing your lane has violated this provision directly.
Lane splitting — Transportation Code §545.060
Lane splitting is not legally permitted in Texas. The same statute that protects your right to a full lane also prohibits riding between lanes of traffic.
Legal impact: If you were lane splitting at the time of a crash, you have a comparative fault problem. Expect the defense to use it.
Lane filtering
Not currently legal in Texas as of 2025. Legislation has been introduced in multiple sessions. Road Justice Community members receive updates when these changes.
Two motorcycles abreast — Transportation Code §545.060
Two motorcycles may legally ride side by side within a single lane. Three cannot.
Speed Laws
Standard posted speed limits apply to motorcycles identically to cars. Texas also has a “prima facie” rule (§545.351) requiring speed “reasonable and prudent under the circumstances” — meaning even traveling below the posted limit, a speed unsafe for conditions can be characterized as excessive.
Legal impact: Any speed above the posted limit at the time of a crash gives the defense a comparative fault argument. Even a minor speed violation (5 mph over) can reduce your recovery percentage if the jury accepts it.
Reporting Requirements
Mandatory 911 call — Transportation Code §550.026
Any crash involving injury, death, or property damage apparently exceeding $1,000 must be reported to law enforcement immediately. A motorcycle crash almost always meets this threshold.
Legal impact: Without a police report, your entire case rests on your word versus the other driver’s. Always call 911. Always.
Duty to remain at scene — Transportation Code §550.021–550.023
All operators must stop immediately, render reasonable assistance, and provide identifying information. Leaving the scene is a criminal offense.
Comparative Fault — How All of This Affects Your Recovery
Texas Civil Practice and Remedies Code §33.001 establishes modified comparative fault: you can recover damages as long as you are not more than 50% at fault. At 51% or more at fault, you recover nothing. At 30% at fault, you recover 70% of the total damages.
Every traffic law violation at the time of a crash gives the defense an argument that you were partially at fault. The goal is to be the party with the cleanest record of legal compliance — proper gear, valid license, traffic law adherence. These are not just safety measures. They are the foundation of your legal position.
An experienced motorcycle accident lawyer in Texas can help challenge unfair fault allegations and work to protect the full value of your recovery.
Quick Reference: Key Statutes
| Topic | Texas Code Section |
| Motorcycle license requirement | Transportation Code §521.221 |
| Helmet law and exemptions | Transportation Code §661.003 |
| Eye protection requirement | Transportation Code §661.004 |
| Headlight (always on) | Transportation Code §547.302 |
| Full lane rights | Transportation Code §545.060 |
| Handlebar height | Transportation Code §547.607 |
| Crash reporting (911) | Transportation Code §550.026 |
| Minimum insurance (30/60/25) | Transportation Code §601.072 |
| Comparative fault rules | Civil Practice & Remedies Code §33.001 |
| UM/UIM required offer | Insurance Code §1952.101 |
| PIP required offer | Insurance Code §1952.152 |
All statutes available at statutes.capitol.texas.gov
Questions? Contact a dedicated Texas motorcycle accident attorney to understand your rights after a crash.