What Is Texas’s Bicycle Helmet Law?

Bicyclists in Texas face unique risks that motorists do not. They are vulnerable road users in the same class as pedestrians. Vulnerable road users are those most at risk in traffic accidents due to a lack of external protective devices, such as a metal shell or a seat belt. Wearing a helmet can be one of the only effective means of protection for a bicyclist in an accident. Unlike most states, however, Texas does not have a universal bicycle helmet law.

In 2018, 72 bicyclists lost their lives in Texas traffic accidents. Hundreds of others suffered serious injuries in collisions involving driver negligence, unsafe roadways and bicycle defects. Despite the high number of bicyclist injuries and deaths, Texas does not have a rule enforcing mandatory bicycle helmet use among riders. It is legal for riders of any age to operate bicycles without helmets in the state. State lawmakers have attempted to enact universal bicycle helmet laws in the past, but proposed bills have so far failed to pass. You currently will not get into legal trouble for not wearing a bike helmet unless your city has a municipal law stating otherwise.

Texas gives jurisdiction to municipalities to instate citywide bicycle helmet laws. Each city can pass its own laws requiring riders to wear helmets, if desired. Several cities in Texas have, including major cities in the Dallas-Fort Worth area. If you ride a bicycle in one of these cities and are under the age of 18, you must wear a safety-approved helmet.

Prior to 2014, Dallas had a law requiring all bicyclists to wear helmets. Today, however, the law only applies to bicyclists under the age of 18. A safety-approved helmet is one with a sticker from the Department of Transportation or Snell Foundation. Failure to wear a bicycle helmet if your city requires one could lead to fines.

Whether state or city law requires you to wear a bicycle helmet or not, do so for your personal safety. Wearing a helmet reduces your risk of a head injury by more than half. You cannot control the actions of motor vehicle drivers even if you are a safe and prudent cyclist. A negligent or distracted driver could still strike you. A helmet can help you avoid some of the most serious types of bicycle accident injuries.

An injury to the brain, no matter how minor, could have severe repercussions. A traumatic brain injury could cause cognitive difficulties and developmental delays. It could also impact your motor skills and communication. Although wearing a helmet does not guarantee you will not injure your head and brain in a bicycle accident, it can reduce your chances by about 54%, according to the National Safety Council.

It is not a usable defense against bicycle accident liability to allege that the bicyclist was not wearing a helmet. Since helmets are not a legal requirement in Texas, defendants cannot use this as a means of reducing their liability for a cyclist’s injuries. Even if the defendant could reasonably argue that you would not have your head or brain injury had you been wearing a helmet, the courts in Texas will not consider this when determining liability.

If you get into a bicycle accident in Houston and sustain a serious injury, contact a lawyer for assistance with the claims process. The driver’s insurance provider may try to avoid paying you what you rightfully require for your damages, especially if you violated your city’s helmet law. A lawyer can handle settlement negotiations on your behalf during a bicycle accident claim while you focus on healing.

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