Is It Illegal to Ride in the Back of a Truck in Texas?

LAW BLOG  •

April 12, 2018

Many of us are old enough to remember growing up when it was common to hop in a pickup truck’s bed when going somewhere. Many people reason that since they rode in the back of a truck as a child and nothing bad happened, laws forbidding riding in the back of a truck are unnecessarily restrictive. However, Texas law does place restrictions on riding in the back of pickups.

Statistics Regarding Unrestrained Passengers

Being in an accident while not restrained by a seatbelt makes it much more likely a passenger will die in an accident. In Texas, 43.71% of all fatalities in 2016 occurred where the occupants were unrestrained. For 2016, this means more than 1,650 fatalities involved persons not wearing seatbelts. The National Highway Traffic Safety Administration estimates fatalities can be reduced by 45% and severe injuries reduced to moderate injuries by 50% with the use of safety restraints. With no seatbelts in the back of pickup trucks, the risk of severe injury and death greatly increase while riding unrestrained.

Laws Regarding Children Under 18

Texas law makes it illegal to operate a vehicle with a child younger than 18 in the bed of a truck or on a trailer in almost all circumstances. There are only a few exceptions to this law, and they include:

  • Operating or towing the vehicle in a parade
  • When an emergency makes operating or towing the vehicle necessary
  • Transporting farm workers from one field to another on a farm-to-market or similar road, or on a county road outside a municipality
  • Operating the vehicle on a beach
  • Operating a vehicle that is the only vehicle owned or operated by the members of that household
  • Operating the vehicle in a hayride permitted by the law enforcement agency of the county or municipality in which it occurs

In each of these cases, children under 18 may ride in the back of a pickup truck; however, it is still unsafe in some of these cases. The safest way to ride in a vehicle is always to ride in a seat with a seatbelt.

Laws Regarding Adults

It may surprise you to learn that Texas law does not forbid adults from riding in the back of a pickup truck. In recent years, Texas law enforcement officers have stepped up seatbelt enforcement; failure to wear a seatbelt can result in fines of $25 to $50.

However, the laws requiring seatbelt use only govern riding in seats equipped with seatbelts. Since the bed of a pickup truck or trailer does not contain any seats or seatbelts, no law requires the use of a seatbelt in the bed of a truck or trailer. As laws governing riding in the back of a vehicle apply only to people under 18 years of age, adults can legally ride in the back of a truck.

What Happens in Case of an Accident?

In the event of a car accident , the driver responsible for the accident is liable for the damages he or she causes. A negligent driver who causes an accident will be responsible for compensating accident victims who received injuries while riding in the back of the pickup truck.

In such cases, the at-fault driver’s insurance company may try to blame you for your injuries because you were riding in the back of a truck. If your case were to come to trial, a judge or jury might be inclined to reduce your compensation due to where you were riding, and the nature of the risk taken by riding in the back of a truck. Having an attorney on your side in these cases is important.

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