Texas motorcycle accident law: helmets, lane splitting, shared responsibility and deadlines

The short answer

Texas generally requires motorcycle riders and passengers to wear a helmet that meets state safety standards, with an exception for people 21 or older who have completed a motorcycle safety course or are covered by a qualifying health insurance plan (Transp. Code §661.003). Since September 1, 2023, Texas law has said a motorcycle operator may not ride between lanes of traffic moving in the same direction, often called lane splitting (§545.0605). In an injury lawsuit, Texas uses proportionate responsibility: a claimant whose share of responsibility is greater than 50 percent may not recover damages (Civ. Prac. & Rem. Code §33.001), and Texas generally sets a two-year period to file a personal injury suit (§16.003).

This guide explains those rules in general terms, with the official text linked for each one. It is general informational guidance and is not legal advice; it says nothing about any particular crash or who was responsible for it.

Key facts (as of October 29, 2026)

• Helmets. Operating or riding as a passenger on a motorcycle on a public street or highway without protective headgear that meets state standards is an offense, with an exception for people at least 21 who have completed a motorcycle safety course or have qualifying health insurance (§661.003).
• Lanes. A motorcycle operator is entitled to full use of a lane, may ride two abreast with one other motorcycle, and may not ride between lanes of traffic moving in the same direction or pass a vehicle in the same lane (§545.0605).
• Passengers. A motorcycle may carry a passenger only if it is designed to carry more than one person and has footrests and handholds for the passenger (§545.416).
• Shared responsibility. A claimant whose percentage of responsibility is greater than 50 percent may not recover damages; otherwise, damages are reduced by the claimant's percentage (§§33.001, 33.012).
• After a crash. A driver or rider involved in a collision that results, or is reasonably likely to result, in injury or death must stop, check whether anyone needs aid, give certain information and provide reasonable assistance (Transp. Code §§550.021, 550.023).
• Two-year period. Texas generally sets a two-year limitations period for personal injury suits (§16.003).
• Crash data. TxDOT reports that 559 motorcyclists (operators and passengers) were killed in Texas in 2025, and that 31 percent of the motorcyclists killed were not wearing helmets at the time of the crash (TxDOT, Crash Facts 2025).

What does Texas law say about motorcycle helmets?

Transportation Code §661.003 sets two offenses:

• operating or riding as a passenger on a motorcycle on a public street or highway without protective headgear that meets safety standards adopted by the Department of Public Safety; and
• carrying a passenger on a motorcycle on a public street or highway who is not wearing that headgear.

It is an exception to both if the person required to wear the headgear 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 incurred in a collision while operating or riding on a motorcycle.

A peace officer may not arrest or cite a person 21 or older who presents evidence of the course or the coverage, and may not stop or detain a rider or passenger only to find out whether the person completed the course or has the coverage. The statute directs the Texas Department of Insurance to prescribe a standard proof of health insurance for riders 21 or older who have that coverage. The offense is a misdemeanor punishable by a fine of not less than $10 or more than $50.

For this chapter, a "motorcycle" is a motor vehicle designed to propel itself with not more than three wheels in contact with the ground and with a saddle for the rider; the term does not include a tractor or certain enclosed three-wheeled vehicles with a seat and seat belt (§661.001).

Does helmet use come up in an injury claim?

The text of §661.003 describes a criminal offense and a fine; it does not mention injury claims.

Whether and how a rider's helmet use is considered in a particular case is a legal question this guide does not address. An attorney can explain how Texas law treats it.

Is lane splitting legal in Texas?

The Legislature added Transportation Code §545.0605 in 2023 (effective September 1, 2023). It says the operator of a motorcycle:

• is entitled to full use of a lane, and a motor vehicle may not be driven in a way that deprives a motorcycle of the full use of a lane (except for two motorcycles riding side by side, below);
• may ride two abreast in a single lane with another motorcycle; and
• may not ride more than two abreast in a single lane with other motorcycles, ride between lanes of traffic moving in the same direction, or pass a motor vehicle while in the same lane as that vehicle.

The limits in the last item do not apply to a police officer performing official duties. Separately, every driver on a roadway with two or more clearly marked lanes must drive as nearly as practical entirely within a single lane and may not leave the lane unless that can be done safely (§545.060).

What other Texas rules apply to motorcycles?

• License. An applicant for an original Class M license, or a driver's license that includes authorization to operate a motorcycle, must show the Department of Public Safety that the applicant completed an approved motorcycle operator training course; this does not apply to a person who holds a valid license from another state that includes motorcycle authorization (§521.148).
• Seats and passengers. The operator must ride on the permanent and regular seat. A passenger may ride only if the motorcycle is designed to carry more than one person and has footrests and handholds for the passenger, and only on a seat designed for two or another seat firmly attached behind or to the side of the operator. A passenger generally must be at least five years old, unless seated in a sidecar (§545.416).
• Insurance. A person may not operate a motor vehicle in Texas unless financial responsibility is established for it, for example through a motor vehicle liability insurance policy, a surety bond, a deposit or self-insurance (§601.051); chapter 601 defines a motor vehicle as a self-propelled vehicle designed for use on a highway, with listed exceptions (§601.002). Our guide to Texas minimum auto insurance requirements explains the minimum amounts.

How does shared responsibility work in Texas?

Chapter 33 of the Civil Practice and Remedies Code applies to any cause of action based on tort in which a defendant, settling person or responsible third party is found responsible for a percentage of the harm (§33.002). Under it:

• the trier of fact (the jury or the judge) determines a percentage of responsibility for each claimant, each defendant, each settling person and each designated responsible third party (§33.003);
• a claimant may not recover damages if the claimant's percentage of responsibility is greater than 50 percent (§33.001);
• otherwise, the court reduces the damages by a percentage equal to the claimant's percentage of responsibility (§33.012(a)).

Our §33.001 reference entry and our guide to the 51% rule explain the rule in more detail.

What does Texas law require after a motorcycle crash?

Chapter 550 of the Transportation Code applies to every operator of a vehicle involved in a collision, including a motorcycle rider:

• Stop and check for injuries. In a collision that results, or is reasonably likely to result, in injury to or death of a person, the operator must immediately stop at or as close as possible to the scene, return if not stopped there, determine whether anyone requires aid, and remain until meeting the §550.023 duties below (§550.021). A collision that damages only a vehicle driven or attended by a person carries similar duties (§550.022).
• Give information and aid. The operator must give their name and address, the vehicle's registration number and the name of their liability insurer, show their driver's license if asked and available, and provide reasonable assistance to anyone injured, including transporting the person, or arranging transport, to a physician or hospital for medical treatment if it is apparent that treatment is necessary or the injured person asks (§550.023).
• Report to police. If the collision causes injury or death, or damage that leaves a vehicle unable to be normally and safely driven, the operator must immediately notify the local police department if the collision happened in a city; the police department or the sheriff's office if it happened not more than 100 feet outside city limits; and otherwise the sheriff's office or the nearest office of the Department of Public Safety (§550.026; §541.002(1)).

Our chapter 550 reference entry covers these duties in more detail, and our guide to hit-and-run crashes in Texas covers what the law says when another driver leaves.

How do you get a Texas motorcycle crash report?

A law enforcement officer who, in the regular course of duty, investigates a collision that resulted in injury to or the death of a person, or damage to the property of any one person to the apparent extent of $1,000 or more, must make a written report and file it electronically with the Texas Department of Transportation not later than the 10th day after the collision (§§550.0601, 550.062). The report is privileged, with exceptions: on written request and payment of any required fee, it is released to people the statute lists, including any person involved in the collision, that person's authorized representative, the owner of a vehicle or property damaged in the collision, and an insurance company that issued a policy covering a vehicle or person involved (§550.065).

Our guides on how to get a Texas crash report and how to read a Texas crash report walk through the request and the form, and our §550.065 reference entry covers who may get a copy.

What does Texas insurance law say about PIP and uninsured motorist coverage?

Chapter 1952 of the Insurance Code sets these rules for automobile liability insurance policies:

• Personal injury protection (PIP). An insurer may not issue an automobile liability insurance policy in Texas unless it provides PIP coverage, which does not apply if a named insured rejects it in writing (Ins. Code §1952.152). PIP pays reasonable expenses arising from an accident, such as necessary medical services and lost income for an income producer (§1952.151), without regard to fault (§1952.155).
• Uninsured or underinsured motorist (UM/UIM). An insurer may not issue an automobile liability insurance policy in Texas unless it provides UM/UIM coverage, which protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles; it also does not apply if a named insured rejects it in writing (§1952.101).

Whether a particular motorcycle policy includes PIP or UM/UIM coverage, and its limits, is stated in the policy, and the insurer can explain what a policy covers. Our reference entries on PIP and medical payments and uninsured and underinsured motorist coverage explain these rules in more detail.

Is there a deadline for a motorcycle injury claim in Texas?

Texas Civil Practice and Remedies Code §16.003 generally sets a two-year period for a personal injury suit, counted from the day the cause of action accrues, with exceptions in the Code. An action for injury resulting in death also generally must be brought within two years, and that cause of action accrues on the death of the injured person. Under §16.001, a person younger than 18 is under a legal disability, and if a person is under a legal disability when the cause of action accrues, that time is not included in the limitations period.

Our §16.003 reference entry and §16.001 reference entry explain these rules and their exceptions. An attorney can tell you how the rules apply to a specific situation.

How common are motorcycle crashes in Texas?

TxDOT's Texas Motor Vehicle Traffic Crash Facts for calendar year 2025 reports that 559 motorcyclists (operators and passengers) were killed in Texas in 2025, and that 31 percent of the motorcyclists killed were not wearing helmets at the time of the crash. TxDOT says the report is based on officers' crash reports (CR-3) received and processed as of April 7, 2026 (TxDOT, Crash Facts 2025).

What records do people commonly keep after a motorcycle crash?

It can help to keep these in one place:

• The crash report number and the name of the agency that responded
• The date, time and location of the crash
• The other driver's name, insurer and policy information, as exchanged at the scene
• Photos of the scene, the vehicles and the motorcycle, and of any injuries over time
• The helmet and riding gear worn in the crash, kept as they are
• Medical records and bills
• Records of missed work and pay
• Names and contact details of any witnesses who spoke with you at the scene
• Letters or claim numbers from any insurer

Our guides on what evidence helps an injury claim and preserving dashcam and video evidence explain how records like these are commonly used.

Related information

• Motorcycle accidents: common next steps after a motorcycle crash.
• How to choose a motorcycle accident lawyer in Houston: how to check a lawyer's license and fee agreement yourself, and questions to ask.
• Texas car crash law reference: the Texas statutes that come up most often after a crash.
• Texas statute of limitations for injury claims: the general filing deadline and its exceptions.

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