Texas had over 500 motorcycle fatalities in 2024 according to TXDOT. Texas Transportation Code §661.003 requires helmets for riders under 21 or without proof of health insurance or motorcycle training. Lane splitting is not legal in Texas under §545.060. These laws affect fault arguments after a crash.
If you are 21 or older and have completed a motorcycle safety course or have qualifying health insurance, Texas does not require a helmet, but not wearing one can still be argued for damages mitigation. Lane splitting - riding between lanes of traffic - is illegal in Texas. Defense lawyers often allege the motorcyclist was lane splitting or in a blind spot. Dashcam and witness testimony can address those claims.
Texas uses modified comparative fault. If you are 51% or more at fault, you recover nothing. Insurance companies often argue the motorcyclist was speeding under Transportation Code §545.351 or made an unsafe lane change. Evidence of the other driver's unsafe turn under §545.104 or failure to yield can counter that.
Preserve helmet, gear, motorcycle maintenance records, and photos of road rash and injuries. Texas requires TXDOT CR-3 for crashes with injury. Get witness contact information quickly - motorcycle cases often have limited physical evidence after the vehicles are moved.
No. Texas Transportation Code §545.060 requires vehicles to stay within a single lane. Lane splitting is not permitted, unlike California.
No, but Texas law allows the defense to argue failure to mitigate damages if a helmet would have reduced injury. The claim is not automatically barred, but damages may be affected depending on the injuries and whether a helmet would have made a difference.
Related: Texas Truck Accidents · Pedestrian Accidents in Texas · Uninsured Motorist Claims in Texas
We link directly to primary sources so you can verify Texas law. Last verified May 2026. Laws change - consult a licensed Texas attorney for advice about your situation.