Texas Motorcycle Laws

If you were injured due to a motorcycle accident in Texas and have not contacted a lawyer about your motorcycle accident in Texas, the best thing you can do for yourself is contact us NOW. We will listen to you and help you understand your best options. The phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.

 

 

Motorcyclists are protected under Texas law that makes negligent drivers responsible and liable to Texas motorcyclists. A motorcyclist who is involved in an accident in Texas may obtain compensation for his or her injuries that were caused by another driver’s negligence. Damages may include payment for pain and suffering, disfigurement, loss of enjoyment of life, scarring, economic loss, no fault benefits, and more. We have compiled some of Texas's relevant laws involving motorcycles.   

 

1-877-Biker-Law (1-877-245-3752)

**Texas is an at-fault state. This means that the law of negligence governs Texas motorcycle and Texas motor vehicle accidents. The person who is found to be “at fault” for the Texas motorcycle accident can be held accountable for your injuries and damages in your Texas motorcycle accident. 

 

Texas Motorcycle – Definition by Statute: The following statute defines a Texas motorcycle.

 

T.R.C. §541.201
VEHICLES:
 
 
(9) “Motorcycle” means a motor vehicle, other than a tractor, that is equipped with a rider’s saddle and designed to have when propelled not more than three wheels on the ground.

T.R.C. §661.001
DEFINITIONS
 
(1) “Motorcycle” means a motor vehicle designed to propel itself with not more than three wheels in contact with the ground, and having a saddle for the use of the rider. The term does not include a tractor or a three-wheeled vehicle equipped with a cab, seat, and seat belt and designed to contain the operator in the cab.

Texas Motorcycle Helmet Law: If you are riding on or operating a Texas motorcycle, and you are under the age of 21, you are required by law to wear a helmet. If you are riding on or operating a Texas motorcycle and you are over the age of 21, you are not required by law to wear a helmet if you have proof of successfully completing a Texas motorcycle rider training program, or if you have $10,000 in medical insurance that may cover injuries resulting from a Texas motorcycle accident.

 

V.T.C.A., Transportation Code § 661.003
§ 661.003. Offenses Relating to Not Wearing Protective Headgear

 

(a) A person commits an offense if the person:

(1) operates or rides as a passenger on a motorcycle on a public street or highway; and
(2) is not wearing protective headgear that meets safety standards adopted by the department.

(b) A person commits an offense if the person carries on a motorcycle on a public street or highway a passenger who is not wearing protective headgear that meets safety standards adopted by the department.

 

(c) It is an exception to the application of Subsection (a) or (b) that at the time the offense was committed, the person required to wear protective headgear was at least 21 years old and had successfully completed a motorcycle operator training and safety course under Chapter 662 or was covered by a health insurance plan providing the person with at least $10,000 in medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle. A peace officer may not arrest a person or issue a citation to a person for a violation of Subsection (a) or (b) if the person required to wear protective headgear is at least 21 years of age and presents evidence sufficient to show that the person required to wear protective headgear has successfully completed a motorcycle operator training and safety course or is covered by a health insurance plan as described by this subsection.
 

T.R.C. §661.002
DEPARTMENT TO PRESCRIBE MINIMUM SAFETY STANDARDS FOR PROTECTIVE HEADGEAR
 
(a) To provide for the safety and welfare of motorcycle operators and passengers, the department shall prescribe minimum safety standards for protective headgear used by motorcyclists in this state.
 
(b) The department may adopt any part or all of the American National Standards Institute’s standards for protective headgear for vehicular users.
 
 
(c) On request of a manufacturer of protective headgear, the department shall make the safety standards prescribed by the department available to the manufacturer.

Texas Motorcycle Eye Protection Law:

If you are riding on or operating a Texas motorcycle, you are not required by law to wear eye protection.

 

Texas Statute of Limitations:

If you are injured in a Texas motorcycle accident, and wish to commence suit as a result of your injuries, you must do so within a 2 year time period from the date of your Texas motorcycle accident.

 

§ 16.003.  TWO-YEAR LIMITATIONS PERIOD.
 
(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action occurs.
 
(b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.

 

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.
**Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.
***Law portion of site in progress. Texas motorcycle law regarding Texas motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.

 

Contact Us For Your Texas Motorcycle Accident Injury Case

 
Who Should Seek A Motorcycle Accident Attorney?
Anyone involved in a motorcycle accident should seek the legal advice of a qualified motorcycle accident lawyer just to hear their rights, time limits and duties under the law.

 

When Should A Motorcycle Accident Victim Seek Help?
It's very important to contact a lawyer ASAP. The Motorcycle Lawyer has reviewed many motorcycle accident cases and we have found that the sooner we hear the details of your accident, the more likely you are to win your case. It's too easy to forget important details of your motorcycle accident. Witnesses, victims, medical care providers, and police may not have a clear memory of your motorcycle accident and circumstances weeks or months after.
   
Why Should You Contact The Motorcycle Lawyer?
The Motorcycle Lawyer will help motorcycle accident victims find a highly qualified lawyer in Texas. Motorcycle accident victims need an advantage wherever it exists, and the first place to gain that advantage is by finding a lawyer who knows the Texas specific laws.
    
The Motorcycle Lawyer offers this service at no charge to the accident victim seeking justice.
  
Contact The Motorcycle Lawyer Without Obligation!
Providing The Motorcycle Lawyer with details of your motorcycle accident is free and does not obligate you to retain a lawyer. Please call TOLL FREE and speak with Jason A. Waechter, The Motorcycle Lawyer at:

 

1-877-Biker-Law (1-877-245-3752)