FAQ’s about Texas Motorcycle Law
How to file a motorcycle accident injury claim in Texas?
An experienced Texas motorcycle accident attorney can answer all of your questions and help you file an injury claim. Whether your accident is in Houston, San Antonio, Dallas, Austin, Fort Worth or anywhere else in Texas, THE Motorcycle Lawyer Network of Attorneys stands ready to help. Call 1-877-BIKER-LAW today.
Where to file your Texas motorcycle accident lawsuit?
Jason Waechter (recognized nationally as “The Motorcycle Lawyer℠”) is an expert motorcycle accident attorney and experienced at determining where the best filing location is in the state of Texas. No matter where your motorcycle accident occurred, he and his team are committed to providing you excellent representation. Call Jason today at 1-877-BIKER-LAW.
Is Texas an at-fault motorcycle insurance state?
Yes, Texas is an at-fault state for auto insurance. The person responsible for causing a crash is also responsible for compensating those they injure and for damages resulting from the crash. The at-fault driver’s auto insurer indemnifies them, which means the insurer provides a certain dollar amount of coverage to be paid for damages when their policyholder is at fault.
Attorney Jason Waechter is nationally recognized as “The Motorcycle Lawyer℠,” and has offices in every state. No matter where the crash happened, we have you covered. Call 1-877-BIKER-LAW today to activate The Motorcycle Lawyer Network now!
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What Is the Statute of Limitations For Motorcycle Accident Cases In Texas?
Every state has its own statute of limitations for cases involving personal injury. Those statutes put a time limit on when a person can file a personal injury lawsuit. In accordance with section 16.003(a) of the Texas Civil Practice and Remedies Code, a person has two years from the date of a motorcycle accident to file a personal injury lawsuit. This statute of limitations is strictly construed. There are very few exceptions to it. If people who were injured in motorcycle accidents fail to file their personal injury lawsuit within the time prescribed by law, they’re going to be prohibited by the courts from seeking compensation for their injuries. A person could be barred from proceeding in what would otherwise be a perfectly good case.
For motorcycle accidents that were caused by an employee of the State of Texas or any political subdivision of the state, notice of an injury claim must be filed within 180 days of the date of your accident.
Your best strategy is to immediately contact nationally recognized Motorcycle Lawyer Jason Waechter at 1-877-BIKER-LAW to protect your claim and employ his team of legal experts on your behalf.
Uber, Lyft, And Rideshare Motorcycle Accidents – What Do I Do?
If you are hit by a Lyft, Uber, Doordash or Grubhub driver in El Paso, Arlington, Corpus Christi, or anywhere in Texas, the good news is the coverages are higher than the currently mandated state minimums. In this type of case it is important to determine whether the driver was on the application’s platform and on the clock at the time of the accident. If so, this will positively impact the amount of applicable liability coverage.
This is where the expertise of The Motorcycle Lawyer℠, Jason Waechter, and his team of experts can help. With over 25 years of experience litigating motorcycle wreck cases, he and his team at THE Motorcycle Lawyer Network have researched and vetted the best attorneys with a proven track record of winning motorcycle cases. Call today at 1-877-BIKER-LAW.
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Should I use my health insurance if a motorcycle accident wasn’t my fault?
Your health insurance company often has the right to take part of your motorcycle accident settlement, depending on what is contained in your health insurance contract. Often, your health insurance company is entitled to recover everything that is paid for your medical care. It is called subrogation.
Understanding who’s entitled to what in a personal injury case is a complex issue. It can become exceedingly “murky” when an insurance company, health care provider, or other third party becomes involved.
Texas motorcycle accident victims are fortunate that there are many affiliate offices in Texas connected to The Motorcycle Lawyer℠. Our network may be the motorcycle law firm that has perhaps represented more motorcycle accident clients than any other firm in the area. Jason Waechter is nationally known as The Motorcycle Lawyer℠. Activate his Motorcycle Lawyer Network team of attorneys at 1-877-BIKER-LAW and get the justice you deserve.
I’ve Been Hit by Someone with no Auto Insurance and I am injured while riding a motorcycle in Texas. What do I do?
It is important to check your insurance policy for an Uninsured Motorist declaration. This type of coverage covers you should you be hit by a third party who does not have insurance or has left the scene. Whereas collision covers medical expenses related to the accident, uninsured motorist coverage may provide for losses due to pain and suffering, wage loss, loss of enjoyment in life, marital relationship loss, and other reasonable damages. Call your insurance company to see if you have this important coverage. If not, it is inexpensive to add.
As with any injury accident in Amarillo, Austin, Plano, or anywhere in Texas, it is best to consult THE Motorcycle Lawyer Network now at 1-877-BIKER-LAW.
What is Texas’ current motorcycle helmet law?
Texas is a prime destination for motorcycle riders because of its long, winding roads and diverse terrain. Make sure to know the helmet laws before you go to lower the chances of fines and penalties in the state of Texas.
Motorcyclists under 21 need to wear a helmet under Texas law. For riders over 21, you don’t have to wear a helmet if you meet the following conditions:
You are covered by a health insurance policy that provides medical benefits for injuries if you have an accident while operating or riding a motorcycle, or
You have completed a motorcycle operator training and safety course.
Sec. 661.003. Offenses Relating to Not Wearing Protective Headgear.
(a) A person commits an offense if the person:
(1) operates or rides as a passenger on a motorcycle on a public street or highway; and
(2) is not wearing protective headgear that meets safety standards adopted by the department.
(b) A person commits an offense if the person carries on a motorcycle on a public street or highway a passenger who is not wearing protective headgear that meets safety standards adopted by the department.
(c) It is an exception to the application of Subsection (a) or (b) that at the time the offense was committed, the person required to wear protective headgear was at least 21 years old and had successfully completed a motorcycle operator training and safety course under Chapter 662 or was covered by a health insurance plan providing the person with medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle. A peace officer may not arrest a person or issue a citation to a person for a violation of Subsection (a) or (b) if the person required to wear protective headgear is at least 21 years of age and presents evidence sufficient to show that the person required to wear protective headgear has successfully completed a motorcycle operator training and safety course or is covered by a health insurance plan as described by this subsection.
(c-1) A peace officer may not stop or detain a person who is the operator of or a passenger on a motorcycle for the sole purpose of determining whether the person has successfully completed the motorcycle operator training and safety course or is covered by a health insurance plan.
(c-2) The Texas Department of Insurance shall prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by a health insurance plan described by Subsection (c).
It is important to note that a police officer may not stop and detain you for the sole purpose to determine if you have completed the motorcycle safety course or to check if you are covered by the necessary health insurance policy.
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Who is most commonly at fault for motorcycle accidents?
A common misconception most people have is motorcyclists are frequently at fault for causing their own accidents. A biased perception exists portraying motorcyclists as more likely to take risks and often be responsible for the collisions in which they are involved. However, a landmark study about the causes of motorcycle crashes called the Hurt Report revealed the opposite to be true.
This study, which was commissioned by the National Highway Traffic Safety Administration (NHTSA) in the late 1970s, found that motorists are responsible for causing two-thirds of all of the motorcycle crashes in the study.
While the study is decades old, it is the largest study that has ever been conducted into the causes of motorcycle crashes and is still relevant. It is important to understand, because of the misconceptions people have about motorcyclists, proving the motorist is at fault in your case (instead of you) may require strong evidence to present to a jury.
Whether your accident occurred in Lubbock, Irving, Laredo or Garland, Texas, it is important to call The Motorcycle Lawyer℠, Jason Waechter for a free strategy session. With offices throughout the state his team of experts is ready to help. Call 1-877-BIKER-LAW now.
Who is at fault when a motorcycle rider collides with a car that turns left in front of me?
Motorists owe a duty of care to diligently obey traffic laws and regulations when they are turning left from a side street onto a roadway. When a motorist turns left at an intersection onto a roadway in front of an oncoming motorcyclist, it can cause the motorcyclist to collide with the motorist’s vehicle. In most cases, the motorist who turned left in front of the motorcyclist is at fault in causing the motorcycle crash.
Experienced motorcycle attorney Jason Waechter will provide a free case strategy session regarding any at-fault motorcycle accident issues you have at 1-877-BIKER-LAW
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Do I need to see a doctor if I don't think I'm injured after a Texas motorcycle accident?
You should always see a doctor after you have been involved in a motorcycle crash. In the immediate aftermath of a wreck, many people experience a rush of adrenaline. When experiencing an adrenaline rush, you may not be aware you are injured.
Some injuries that are potentially serious may not immediately show symptoms. You could have internal injuries which worsen without immediate medical attention. A doctor can examine you and check for hidden injuries. Getting immediate medical attention aids any subsequent accident claim by showing a link between your injuries and the accident. If you do not get immediate medical attention, the insurance company will often attempt to claim your injuries are caused by an event unrelated to the accident.
What do you do when involved in a “hit and run” motorcycle accident in Texas?
Unfortunately, some motorists who crash into motorcyclists flee the scene of the accidents. This is especially problematic because it can leave you without a source of recovery for your losses. The state recognizes the importance of remaining at the scene of an accident. Under Texas law, all drivers who are involved in accidents with other vehicles are mandated to remain at the scene of the accident when the accident results in death or severe personal injury. Drivers who cause a serious injury or fatal accident and flee the scene may be charged with a class 3 felony.
If you are seriously injured in a hit and run motorcycle accident, try to write down the motorist’s license plate number or memorize it. Notice details about the vehicle such as its color, make, model, and any distinguishing characteristics. If you have uninsured and underinsured motorist coverage, a personal injury claim can be submitted without the identity of the other motorist involved.
Make sure to report the accident to the police, and encourage any witnesses who saw what happened to remain at the scene. Get the names and contact information for all of the witnesses, and schedule a free strategy session with nationally-recognized Motorcycle Lawyer, Jason Waechter, at 1-877-BIKER-LAW and activate THE Motorcycle Lawyer Network of Attorneys located throughout the State of Texas.
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What happens when you have a motorcycle accident while not wearing a helmet?
If you are over age 21, you are not required to wear a motorcycle helmet in Texas. You can still recover compensation from the other motorist when he or she is responsible for the collision. To prove your claim, negligence must be attributed to the other motorist. This involves proving that the driver owes a duty of care to drive in a reasonably safe manner and failed in that duty. You will also need to show the other driver’s negligence caused the accident to occur and you suffered damages.
Once established that the other motorist is at fault, proof is required tying your injuries to the accident. If you are not wearing a helmet, the other motorist will attempt to argue your injuries would not have been as severe if you had chosen to wear a helmet.
This is why it is important to have an experienced motorcycle accident attorney like nationally recognized Jason Waechter. Known nationally as, “The Motorcycle Lawyer℠,” he has affiliate offices throughout the State of Texas. Call 1-877-BIKER-LAW for a free case strategy session.
What happens under Texas law when a motorcycle and a motorist share fault?
In some motorcycle crashes, the motorcyclist and the motorist share partial fault for causing the accident. Or, at least they attempt to argue you were negligent or violated a traffic law. A common example of this it to allege a motorcyclist was speeding. If you suffered an injury in a motorcycle crash and were partly to blame, that does not preclude you from the ability to recover compensation from the other motorist. Under Texas law, you are able to recover compensation from another motorist who shares the blame. This legal concept is known as “comparative negligence.”
The question of percentage of fault can be negotiated or decided by a judge or jury. If it is decided the motorist and you both share some fault, the deciding party will determine the percentage of fault each of you has. Once a settlement amount has been awarded in your favor, your award will be reduced by the percentage of fault that you have in causing the accident. For example, if it is determined you were 10% at fault and awarded a settlement of $1 million, your award amount will be reduced by 10% to give you a net award of $900,000. This is why defendants will always try to argue that the plaintiff share some of the fault in order to try to reduce the total amount that they will be forced to pay.
Texas also has Modified Comparative Fault—if a plaintiff is more at fault than the other driver, the plaintiff is barred from recovering damages. So, if a motorcyclist is 51% or more at fault, he or she loses.
To ensure your settlement rights are protected, it is important to have an experienced motorcycle accident attorney handle these complex and intricate negotiations. THE Motorcycle Lawyer Network is here to help. Just call 1-877-BIKER-LAW.
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Can injured motorcycle passengers recover compensation in Texas?
Motorcycle passengers can recover compensation when they are injured in a motorcycle crash. Injured passengers might not know who to file claims against for their injuries and losses. In many cases, the passengers may file claims against both the motorcycle operator and the other motorist for the accident. My office refers to these as friendly claims. Friendly because it is just about injury; no personal money is at stake.
Under Texas law, injured victims are allowed to name two or more parties as defendants to their lawsuits when they have each contributed to the cause of the accidents. The jury will determine the percentage of fault that is attributable to each at-fault party so that you can recover compensation from both the motorcycle operator and the motorist for your losses. Some clients are afraid of going to court. No worries, w e settle 98% of our cases with out a trial.
Since multiple parties might be at fault in causing your injuries and losses, it is a good idea for you to get help from an experienced injury lawyer. Jason Waechter, The Motorcycle Lawyer℠ (with affiliate offices in Garland, Frisco, and Houston) can analyze your case and identify all of the defendants who should be named in a lawsuit. If you do not name all of the responsible parties, you will lose your right to recover from a party that is partially to blame if the unnamed party is assigned any fault by a jury.
How do I get started with my Texas motorcycle accident claim?
The easiest way to start with your Texas motorcycle accident claim is to reach out to The Motorcycle Lawyer as soon as you’re medically capable of doing so. Letting an experienced motorcycle accident attorney handle the process from the beginning prevents mistakes which could weaken your case or could prevent you from recovering huge damages. Let your attorney deals with the paperwork and the insurance companies.
The Motorcycle Lawyer℠ has affiliate offices throughout the State of Texas. To schedule a free case strategy session, call 1-877-BIKER-LAW.
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What is an average payout for a Texas motorcycle accident injury?
There’s really no average payout for a motorcycle accident injury. Payouts can vary widely.
Much will depend on the extent of your injuries, your medical bills, and your attorney’s skill at handling the negotiating process. Having an experienced negotiator at the table can make all the difference.
The Motorcycle Lawyer℠ and our vetted affiliate lawyers are expert negotiators at achieving the maximum amount you deserve. While working closely as your advocate, he will provide thoughtful best-case analysis to support a maximum settlement amount on your behalf.
Call today at 1-877-BIKER-LAW to schedule a free consultation.
Is Texas an at fault motorcycle insurance state?
Texas is an at fault state. Texas law allows you to hold someone accountable when they cause you harm. You must take the necessary steps to build a strong case to prove liability and fault. There are numerous factors that impact your ability to obtain compensation, but these are some of the ways to prove someone else was responsible for your damages.
Show the other driver had a duty of care (Texas law states that “a person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.”)
Prove the driver breached the duty of care (they put you at risk because of negligence)
Show the injuries resulted from the breach (causation is a vital part of a claim)
Show your physical and emotional damage from the crash, including medical expenses, loss of enjoyment in life, and pain and suffering (damages impact your compensation)
The more severe your losses, the more you must factor in to determine how much you may recover. While you may gather evidence that helps you build your case, it is not always easy to navigate the legal process without the help of professional representation.
How is my claim affected if I wasn’t wearing a motorcycle helmet in Texas?
In San Antonio, Dallas, Austin or anywhere in Texas, only riders under the age of 21 are required by law to wear a helmet. Even if you were not wearing a helmet, you still have the right to seek compensation for your injuries. However, the insurance company may try to reduce your compensation because you were not wearing a helmet. Therefore, it is even more important that you have an experienced lawyer on your side.
Can I make a claim if my motorcycle accident is due to a road defect in Texas?
Pot holes, gravel, oil spills, and other foreign objects, can all cause a motorcycle accident, no matter how experienced the rider may be. If a road defect or foreign substance is the fault of the city, county, or state, you have a shorter period in which to file such a claim. Further, a special Notice may be required in order to recover.
Can I still make a claim if I did not have a motorcycle license at the time of my accident?
The fact that you did not have a motorcycle license (or endorsement) at the time of your accident does not prevent you from making a claim. Insurance companies often try to make it an issue or try to use it as a reason you were negligent We’ve delt with this successfully hundreds of times.
It is important to consult with an experienced motorcycle law attorney like The Motorcycle Lawyer℠ immediately and discuss your claim.
Does Texas require a motorcycle license?
In addition to meeting the requirements necessary to obtain a regular driver license, individuals must apply for a Class M to operate a motorcycle.
To obtain a Class M driver license, individuals must take an approved motorcycle safety course and bring the certificate of completion with them to the driver license office. If an individual has a valid motorcycle license from another state, DPS will waive the motorcycle safety course requirement.
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Why Choose The Motorcycle Lawyer℠ as Your Texas Motorcycle Accident Lawyer?
I ride; I get it.
I’ve had a motorcycle endorsement for going on 25 years. Riding countless miles on my Harley-Davidson Fat Boy and my Moto Guzzi V7 has helped me go after the negligent drivers and defend my clients against the prejudice and bias motorcyclists often endure after a crash. Our affiliate offices have extensive experience.
Our Specialty: Motorcycle Cases
Motorcycle injury & motorcycle wrongful death cases are our specialty. It’s what we do and do better than anyone else. After handling over 1,000 cases, we have seen it all and know every nuance of motorcycle law and litigation. This goes for our vetted Texas motorcycle law offices as well. Houston, Austin, San Antonio and elsewhere.
Experience
For 26 years, Jason Waechter has earned the national reputation as THE Motorcycle Lawyer. We’ve handled over 1,000 cases. We’ve seen it all.
Our Motorcycle Wins
$2,000,000 Road defect
$2,000,000 Motorcycle hit road defect
$1,500,000 Motorcycle, broken leg
$1,400,000 Motorcycle hit by elderly
$1,250,000 Motorcycle disputed liability
$1,200,00 Bodily injury case
$1,000,000 Motorcycle hit by semitruck
No-Win; No-Fee Promise
We work on a contingency basis on our Texas motorcycle wreck accident cases. There is never a fee until and unless we collect compensation for you. We advance all expenses and costs.
We are Trial Lawyers
We have earned the reputation as winning trial lawyers. When they know you can try the case to a big win, they settle faster and for more.
Recent trial victories: $2,000,000 road construction negligence, $677,000 verdict, motorcycle crash, $550,000 auto verdict after $5,000 offer, $350,000 verdict vehicle negligence, $90,000 verdict last offer $30,000, and more.
Our Reviews
Clients love us because we get results and treat them by the Golden Rule. Our Google Review rating is 4.8 Stars our of a perfect 5. See our reviews page.
Call us today at 1-877-BIKER-LAW for a free case strategy session.
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Common Related Questions and People Also Ask for “Motorcycle Injury Accident Texas, Helmet Law Texas, and Motorcycle Injury Accident Texas”
What do you do after a motorcycle accident in Texas?
At THE Motorcycle Lawyer Network, we understand motorcycle crashes, and our law firm has spent decades defending the rights of injured bikers and their families. If you have been injured in a motorcycle accident and believe someone else caused the crash, then you need to call our trusted personal injury law firm today.
Our seasoned attorneys will speak to you free of charge and give you advice on how to proceed in a way that protects your best interests. We work on a NO WIN, NO FEE guarantee basis and our law firm does not get paid unless we can successfully recover monetary compensation for your injuries.
Because time is limited for taking actions to protect your rights, it is very important that you contact a knowledgeable Texas motorcycle accident lawyer as soon as possible after a wreck. With affiliate law offices throughout the state of Texas, our legal team is available and ready to help. Call 1-877-BIKER-LAW for a free case strategy case session.
Who is at-fault in motorcycle accidents?
Car drivers are often held responsible for motorcycle collisions, but the actions of both motorists are considered in the final decision. When the fault of an accident is unsafe roadways, the government entity responsible for road management may be held responsible.
It is important to consult a personal injury or wrongful death lawyer to investigate the matter fully in order to determine which parties are liable in your case. The Motorcycle Lawyer℠, Jason Waechter’s team at the Motorcycle Lawyer Network have offices throughout Texas including Lubbock, El Paso, Corpus Christi and Plano. Call 1-877-BIKER-LAW for a free case strategy session.
Do you have to wear a helmet while riding a motorcycle in Texas?
Motorcyclists under 21 need to wear a helmet under Texas law. For riders over 21, you don’t have to wear a helmet if you meet the following conditions:
You are covered by a health insurance policy that provides medical benefits for injuries if you have an accident while operating or riding a motorcycle, or
You have completed a motorcycle operator training and safety course.
If you have suffered injury or damages due to a motorcycle, it is important to arrange a free case strategy session with The Motorcycle Lawyer℠, Jason Waechter’s team at THE Motorcycle Lawyer Network. We have offices in Dallas, Houston, San Antonio, and Austin. Call 1-877-BIKER-LAW.
Fatal Motorcycle Accident Texas 2020
According to the Texas Department of Transportation, the Fatal Motorcycle Accident Report 2020 stated that despite less traffic on the road in 2020 and a 2% reduction in motorcycle crashes, safety officials cited a 17% increase in Texas motorcycle fatalities compared to 2019. On average, a motorcyclist is killed in a crash on Texas roads every day—last year 482 died. Motorcyclists account for 12% of all traffic fatalities statewide.
If you recently suffered any damage or a family member was killed in a motorcycle accident, contact the Motorcycle Lawyer Network at 1-877-BIKER-LAW. We have offices in Garland, Fort Worth, Arlington, Corpus Christi, and throughout Texas.
Our attorneys have a proven track record of success and our work is backed by our NO WIN, NO FEE Promise. We are here to help.
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Best Texas Motorcycle Accident Lawyer
Texas motorcycle accident victims are fortunate that THE Motorcycle Lawyer sm, Jason Waechter, is on your side. We are the motorcycle law firm that has perhaps represented more motorcycle accident clients than any other firm in Texas. Jason Waechter is nationally known as THE Motorcycle Lawyer sm
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Before heading out, you should be familiar with Texas’s laws. Jason Waechter is nationally known as THE Motorcycle Lawyer sm and provides you with up to date information on Texas’s motorcycle laws.
Texas Motorcycle Helmet Law
Texas is a prime destination for motorcycle riders because of its long, winding roads and diverse terrain. Make sure to know the helmet laws before you go to lower the chances of fines and penalties in the state of Texas.
Motorcyclists under 21 need to wear a helmet under Texas law. For riders over 21, you don’t have to wear a helmet if you meet the following conditions:
- You are covered by a health insurance policy that provides medical benefits for injuries if you have an accident while operating or riding a motorcycle, or
- You have completed a motorcycle operator training and safety course.
Sec. 661.003. Offenses Relating to Not Wearing Protective Headgear.
(a) A person commits an offense if the person:
(1) operates or rides as a passenger on a motorcycle on a public street or highway; and
(2) is not wearing protective headgear that meets safety standards adopted by the department.
(b) A person commits an offense if the person carries on a motorcycle on a public street or highway a passenger who is not wearing protective headgear that meets safety standards adopted by the department.
(c) It is an exception to the application of Subsection (a) or (b) that at the time the offense was committed, the person required to wear protective headgear was at least 21 years old and had successfully completed a motorcycle operator training and safety course under Chapter 662 or was covered by a health insurance plan providing the person with medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle. A peace officer may not arrest a person or issue a citation to a person for a violation of Subsection (a) or (b) if the person required to wear protective headgear is at least 21 years of age and presents evidence sufficient to show that the person required to wear protective headgear has successfully completed a motorcycle operator training and safety course or is covered by a health insurance plan as described by this subsection.
(c-1) A peace officer may not stop or detain a person who is the operator of or a passenger on a motorcycle for the sole purpose of determining whether the person has successfully completed the motorcycle operator training and safety course or is covered by a health insurance plan.
(c-2) The Texas Department of Insurance shall prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by a health insurance plan described by Subsection (c).
It is important to note that a police officer may not stop and detain you for the sole purpose to determine if you have completed the motorcycle safety course or to check if you are covered by the necessary health insurance policy.
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Texas Motorcycle License Requirements
The Texas Department of Public Safety will waive the motorcycle safety course requirement if you have a motorcycle license from another state.
If you don’t have a license from another state, then you will need to obtain a Class M driver's license from Texas. To get this license, you must take an approved motorcycle safety course and bring the certificate to the driver’s license office. Once you complete the safety course, your certificate is good for 24 months.
For minors aged 15 to 17 who plan on registering in a motorcycle safety course, you must:
- Complete 32-hour classroom of driver education course and have a Class C learner license; or
- Show a certificate of completion of the 32-hour classroom phase of the driver education course; or
- Show a provisional driver's license.
If you live outside of Texas and are 18 years old or above, and want to add a Class M license, then you must:
Finish a Motorcycle Safety Foundation approved motorcycle safety course
- Get these items and mail the application:
- The motorcycle safety course completion certificate
- An out-of-state driver license application
- Proof of Texas residency
- The required fee via check, money order, or cashier check
If you are active duty military who doesn’t have a Texas address then you must include a copy of your military ID.
Texas Transportation Code 521.001
(6) "License" means an authorization to operate a motor vehicle that is issued under or granted by the laws of this state. The term includes:
(A) a driver's license;
(B) the privilege of a person to operate a motor vehicle regardless of whether the person holds a driver's license; and
(C) a nonresident's operating privilege.
(6-a) "Motorcycle" includes an enclosed three-wheeled passenger vehicle that:
(A) is designed to operate with three wheels in contact with the ground;
(B) has a single, completely enclosed, occupant compartment; and
(C) at a minimum, is equipped with:
(i) seats that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 207, 49 C.F.R. Section 571.207;
(ii) a steering wheel used to maneuver the vehicle;
(iii) a propulsion unit located in front of or behind the enclosed occupant compartment;
(iv) a seat belt for each vehicle occupant certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209;
(v) a windshield and one or more windshield wipers certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section 571.205, and Federal Motor Vehicle Safety Standard No. 104, 49 C.F.R. Section 571.104;
(vi) a vehicle structure certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216, if:
(a) the unladen weight of the vehicle is more than 900 pounds; or
(b) the unladen weight of the vehicle is not more than 900 pounds and the vehicle has a maximum speed capability of more than 40 miles per hour; and
(vii) an active tilt control system if the unladen weight of the vehicle is not more than 900 pounds and the vehicle has a maximum speed capability of 40 miles per hour or less.
Mandatory Insurance
You must have the appropriate insurance when riding your motorcycle in Texas. The minimum requirements include:
- $25,000 in property damage
- $60,000 in bodily damage per accident
- $30,000 in bodily damage per person
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Penalties for Not Meeting the Minimum Insurance Requirements
If you don’t have the proper insurance and you get pulled over in Texas, the fine is between $175 to $350.
If you are pulled over again without insurance (second offense) then your fines will be between $350 to $1,000.
If you keep getting pulled over without the correct insurance then you risk having your motorcycle impounded or your license revoked.
It should be noted that Texas recently repealed the surcharges of the Driver Responsibility Program starting September 1, 2019.
Motorcycle Equipment Specifications
Texas has certain equipment specifications when it comes to your motorcycle. To be legal and drivable, your motorcycle must have all of the following equipment:
- Tires
- Brakes
- Mirror
- Horn
- Wheel assembly
- Stop lamp
- Tail lamp
- Headlamp
- License plate lamp
- Rear red reflector
- An exhaust system
- Vehicle Identification Number
Texas doesn’t have a statute regarding muffler/exhaust decibels.
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Passengers
In order to carry a passenger, your motorcycle must be equipped with a permanent passenger seat. That passenger must be at least five years old to ride as a passenger.
When it comes to helmets, if your passenger is under 21 then they must wear a helmet. If your passenger is over 21 then the passenger isn’t required to wear a helmet if you meet all the helmet exception requirements noted above.
Inspection
Just like all other vehicles in the state of Texas, motorcycles are required to pass an annual inspection. The inspection is to make sure your motorcycle meets the current safety standards. Once you pass inspection, you will receive a certificate that should be placed near the rear license plate.
The inspection will check:
- Mirror
- Steering
- Horn
- Brakes (system)
- Tires
- Exhaust system
- Wheel assembly
- Tail lamp
- License plate lamp
- Rear red reflector
- Stop lamp
- Headlamp
- Serial, Motor, or Vehicle Identification Number
Register your motorcycle with the County Tax Assessor-Collector in your county. This is also where you will receive your license plate, which must be attached to your motorcycle at all times. Make sure your license plate has an up-to-date registration sticker.
Motorcycle Moving Violations
Chapter 545 of the Texas Transportation Code provides information on moving violations.
Points
Moving violations are two points on your license. If that moving violation results in an accident, then you receive three points on your license. If you accumulate seven moving violations in a 24-month period or four moving convictions in a 12-month period then you may have your license suspended.
It is important to note the surcharges for points on licenses are no longer in effect. The Driver Responsibility Program was repealed and this went into effect on September 1, 2019.
Lane-Splitting
Lane-splitting is illegal in Texas. If you are caught splitting the lanes then you may receive a fine of $175.
Reckless Driving
Reckless driving is when a person “drives a vehicle in willful or wanton disregard for the safety of persons or property.” When it comes to reckless driving, basically it means that you need to understand your action is likely to cause substantial harm, but you still do that action anyway.
An example of reckless driving 100 mph, texting, and going through a stop sign without stopping. The driver who did these actions knew they could cause substantial harm but did them anyway.
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Texas Transportation Code § 545.401. Reckless Driving; Offense.
(a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30 days; or
(3) both the fine and the confinement.
(c) Notwithstanding Section 542.001, this section applies to:
(1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and
(2) a highway or other public place.
(d) Notwithstanding Section 542.004 , this section applies to a person, a team, or motor vehicles and other equipment engaged in work on a highway surface.
Penalties for Reckless Driving
Reckless driving is a misdemeanor in Texas. It is punishable by:
- Confinement in county jail up to 30 days; or
- A maximum fine of $200;
- A combination of confinement and a fine
Even if you are charged for reckless driving, other charges may follow. These include:
- Street racing
- Speeding
- Hit-and-run
- Driving while intoxicated
Vehicular Manslaughter in Texas
You may be convicted of manslaughter if you cause the death of another person while driving in a reckless manner. Chapter 19 of the Texas Penal Code provides information on manslaughter.
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Sec. 19.04. Manslaughter
(a) A person commits an offense if he recklessly causes the death of an individual.
(b) An offense under this section is a felony of the second degree.
If you drive while intoxicated, then you may be charged with intoxication manslaughter under Texas Penal Code § 49.08.
Sec. 49.08. Intoxication Manslaughter.
(a) A person commits an offense if the person:
(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
(b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree.
If you drive on a suspended license and cause the death of another person while operating a motor vehicle, then you may be charged under Tex. Transp. Code § 521.457, which says:
(f-2) An offense under this section is a Class A misdemeanor if it is shown on the trial of the offense that at the time of the offense the person was operating the motor vehicle in violation of Section 601.191 and caused or was at fault in a motor vehicle accident that resulted in serious bodily injury to or the death of another person.
Penalties for Vehicular Manslaughter
Vehicular manslaughter is punished under Chapter 12 of the Texas Penal Code. Manslaughter is a second-degree felony that has a prison sentence from two to 20 years along with fines up to $10,000.
Intoxication manslaughter (from a DWI) is a second-degree felony with two to 20 years in prison along with fines up to $10,000. Intoxication manslaughter can be a first-degree felony if the person killed was a firefighter, peace officer, or emergency services personnel.
Reckless driving that results in manslaughter is a second-degree felony with two to 20 years in prison and up to $10,000 in fines.
If you cause the death of a person while driving on a suspended license then you could face up to one year in jail and a maximum of $4,000 in fines.
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Sec. 12.33. Second Degree Felony Punishment.
(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.
Keep in mind that other circumstances surrounding the manslaughter will affect the outcome.
Get Started Now: Call THE Motorcycle Lawyer ℠
If you or a loved one has been in a Texas motorcycle accident we can help. Attorney Jason A. Waechter is nationally known. From handling many Texas motorcycle cases for injured bikers and their families, we have specialized knowledge of the law and defenses that are unique to motorcycle cases.
“I Ride, I Get It,”
Riding has helped Waechter defend against the prejudice and finger-pointing bikers often endure after a crash. Attorney Jason Waechter literally “wrote the book.” He is the author of the nationally used textbook for lawyers — Litigating Motorcycle Injury & Wrongful Death Cases.
If you are injured in a motorcycle wreck, put a specializing team on your side.
Our No-Win-No-Fee Promise means with our law firm there is never a fee unless we collect money damages for you.
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