Motorcycle Accident Claims in Texas
The Texas helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Texas requires motorcycle operators and passengers to wear protective headgear, but a rider who is at least 21 is exempt if he or she has completed a motorcycle operator training and safety course or is covered by a health insurance plan providing medical benefits for motorcycle crash… Tex. Transp. Code § 661.003
| Motorcycle helmet law | Texas requires motorcycle operators and passengers to wear protective headgear, but a rider who is at least 21 is exempt if he or she has completed a motorcycle operator training and safety course or is covered by a health insurance plan providing medical benefits for motorcycle crash injuries. Police may not stop a rider solely to check whether the rider has the course or insurance. The section does not say that not wearing a helmet reduces damages. Source: Tex. Transp. Code § 661.003 |
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| Lane splitting | No Texas statute names lane splitting. The general lane rule says that on a road divided into two or more clearly marked lanes, a driver must drive as nearly as practical entirely within a single lane and may not move from the lane unless the movement can be made safely. Only § 545.060 and a search of chapter 545 were read; no absence claim is made about other chapters. Source: Tex. Transp. Code § 545.060(a) |
| Fault rule (comparative negligence) | Modified comparative fault (51% bar), called proportionate responsibility. A claimant whose percentage of responsibility is greater than 50% cannot recover. Otherwise, the claimant's damages are reduced by their percentage of responsibility. |
| Minimum car insurance | Minimum liability coverage is $30,000 for bodily injury or death of one person, $60,000 for bodily injury or death of two or more people in one collision, and $25,000 for property damage. Source: Tex. Transp. Code § 601.072(a-1) |
| Deadline to sue for an injury | Two years after the day the cause of action accrues. |
More Texas personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Texas
- Wrongful Death Lawsuits in Texas
- Medical Malpractice Rules in Texas
- Car Accident Claims in Texas
- Dog Bite Liability in Texas
- Slip, Trip and Fall Injuries in Texas
- Sidewalk and Public Property Falls in Texas
- Pedestrian Accident Claims in Texas
- Bicycle Accident Claims in Texas
- Uber and Lyft Accident Claims in Texas
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- All Texas personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in Texas?
Texas requires motorcycle operators and passengers to wear protective headgear, but a rider who is at least 21 is exempt if he or she has completed a motorcycle operator training and safety course or is covered by a health insurance plan providing medical benefits for motorcycle crash injuries. Police may not stop a rider solely to check whether the rider has the course or insurance. The section does not say that not wearing a helmet reduces damages.
Is lane splitting legal in Texas?
No Texas statute names lane splitting. The general lane rule says that on a road divided into two or more clearly marked lanes, a driver must drive as nearly as practical entirely within a single lane and may not move from the lane unless the movement can be made safely.
Can you recover damages if you were partly at fault in Texas?
Modified comparative fault (51% bar), called proportionate responsibility. A claimant whose percentage of responsibility is greater than 50% cannot recover. Otherwise, the claimant's damages are reduced by their percentage of responsibility.
What is the minimum car insurance required in Texas?
Minimum liability coverage is $30,000 for bodily injury or death of one person, $60,000 for bodily injury or death of two or more people in one collision, and $25,000 for property damage.
What is the statute of limitations for personal injury in Texas?
Two years after the day the cause of action accrues.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.