Find a motorcycle accident lawyer in El Paso: helmet rules, fault and your report

Last checked November 8, 2026

Motorcycles were in 20% of El Paso crashes that killed or badly hurt someone.1 Get your report from EPPD Records for $6.23 The usual Texas deadline to sue is 2 years.4 If you lacked a helmet, no Texas statute says whether that counts as fault, so that point is unsettled.5

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Road map of El Paso showing Loop 375, US 54 and I-10, corridors the regional planning agency names as crash hot spots
Motorcycles: 20% of El Paso crashes that kill or badly hurt someone. Map data © OpenStreetMap contributors.

How dangerous is it to ride a motorcycle in El Paso?

Riders carry far more than their share of the harm. The city's Vision Zero plan found that 20% of crashes that killed or severely injured someone involved a motorcycle.1 The plan counted 846 of those severe crashes from 2017 to 2021.6

These are mostly ordinary city roads, not racetracks. Almost half of the severe crashes, 49%, were on roads posted at 30 to 35 mph.7 And 87% of the city's high injury network for cars and motorcycles is on arterial roads, the big streets built to move traffic across town.8

Regional planners name IH-10, SH 20, US 62, Loop 375, US 54 and US 85 among the corridors where crashes cluster.9 If your wreck was on one of them, get the mile marker or nearest exit. It makes the report and the video search much easier.

A car turned left in front of my motorcycle in El Paso. Now what?

That is one of the most common stories riders tell, and the city's numbers fit it. Of the severe crashes, 87% were at an intersection.10 Those crashes commonly involve a turning vehicle.11 On state roads, Joe Battle at Montwood and Gateway West at Yarbrough top the list.12

  1. Get medical care first. University Medical Center is a Level 1 trauma center, at (915) 544-1200.1314 The Hospitals of Providence East Campus is a Level II option for east side crashes.15
  2. Do not let anyone move your bike before photos if you can help it. Skid marks and the final resting spot help show speed and angle.
  3. Get the other driver's words down. If the driver said, 'I didn't see you,' tell the officer and write it in your notes.
  4. Keep your gear, cracked or not. A helmet, jacket or boots can show where the impact landed.
  5. Ask nearby stores for video the same week. Many systems record over old footage.

Do you have to wear a helmet on a motorcycle in El Paso?

RuleWhat Texas says
General ruleRiders and passengers wear a helmet on public roads unless an exception applies16
ExceptionRiders 21 or older can skip it only if they finished an approved safety course or have health insurance that covers crash injuries17
Traffic stopsPolice may not stop a rider just to check the course or the insurance18

Does a missing helmet hurt your claim? Texas cuts you off if you are more than 50% at fault, but no Texas statute says whether riding without a helmet counts as fault, so this point is unsettled.5 Expect the insurer to raise it anyway. Keep proof of your safety course or health coverage if the exception applies to you.

How does fault work after a motorcycle crash in El Paso?

A rider who was 50% at fault or less can still collect, minus that share. Over 50%, the claim ends.19 Insurers know that riders get blamed easily. They may say you were speeding or splitting lanes, so proof about the other driver matters.

Speed is a real local problem for everyone on the road. TxDOT counted 4,462 speed-involved crashes in El Paso County in 2025, with 29 people killed.20 Distraction added 2,700 crashes.21 If the other driver may have been on a phone, say so early, while records can still be requested.

How do I get my motorcycle crash report in El Paso?

  • City streets: EPPD Records, 911 N. Raynor St., $6, and $2 more for a certified copy.2322
  • County areas: the Sheriff's Office, $6.2324
  • Any Texas officer's report: TxDOT, $6, sent by email.2526

If your bike was towed, try the Municipal Vehicle Storage Facility at 11615 Railroad Drive, open 24 hours.27 Photograph all damage before you sign anything or let a shop start work.

What if bad pavement or a city vehicle caused my crash in El Paso?

A pothole or broken pavement can throw a rider when it would only bump a car. You can report street damage to 311 or online.28 Take photos first and keep your confirmation number. If the City of El Paso is responsible, a sworn notice must reach the Mayor within 90 days, or 6 months for good cause.2930 State roads are managed by TxDOT, so a different public body may need notice, generally within six months.31

What should I ask a motorcycle accident lawyer in El Paso?

  • Have you handled cases where the insurer blamed the rider?
  • How will you respond if they raise the helmet issue?
  • Can you get an expert to read the bike and the road marks?
  • Do I have uninsured motorist coverage on the bike?32

Questions

How long do I have to file after a motorcycle accident in El Paso?

Generally 2 years to sue.4 A claim involving the City of El Paso needs a sworn notice in 90 days, or 6 months for good cause.29

Is it legal to ride without a helmet in El Paso?

Only for riders 21 or older who finished an approved course or have qualifying health insurance.17

Can I still get money if I wasn't wearing a helmet?

Possibly. No Texas statute says whether that counts as fault, so the point is unsettled.5

Which roads are most dangerous for riders in El Paso?

The city's plan puts 87% of its vehicle and motorcycle high injury network on arterial roads.8

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El Paso

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Sources

  1. City of El Paso, Vision Zero Action Plan (June 2023), checked 2026-11-08. “20% of all KSI crashes involve motorcycles”
  2. El Paso Police Department, Records & Reports, checked 2026-11-08. “EPPD RECORDS DIVISION 911 N. Raynor St El Paso, TX 79903”
  3. El Paso Police Department, Records & Reports, checked 2026-11-08. “Accident or Crash Reports $6.00”
  4. Tex. Civ. Prac. & Rem. Code § 16.003(a), checked 2026-11-08. “personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.”
  5. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”
  6. City of El Paso, Vision Zero Action Plan (June 2023), checked 2026-11-08. “846 KSI CRASHES 2017–2021”
  7. City of El Paso, Vision Zero Action Plan (June 2023), checked 2026-11-08. “occur on roads with posted speed limits of 30–35 MPH”
  8. City of El Paso, Vision Zero Action Plan (June 2023), checked 2026-11-08. “87% of the Vehicle/Motorcycle HIN”
  9. El Paso MPO, RMS 2052 Metropolitan Transportation Plan, Chapter 4, checked 2026-11-08. “particularly Downtown El Paso and along major corridors such as IH-10, SH 20, US 62, Loop 375, US 54, and US 85”
  10. City of El Paso, Vision Zero Action Plan (June 2023), checked 2026-11-08. “87% of KSI crashes occurred at an intersection”
  11. City of El Paso, Vision Zero Action Plan (June 2023), checked 2026-11-08. “Commonly involves a turning movement”
  12. City of El Paso, Vision Zero Action Plan (June 2023), checked 2026-11-08. “Joe Battle – Montwood”
  13. UMC El Paso, 2024 Annual Report, checked 2026-11-08. “UMC Receives Reverification as Level 1 Trauma Center”
  14. University Medical Center of El Paso, checked 2026-11-08. “Main Number: (915) 544-1200”
  15. The Hospitals of Providence, Awards & Distinctions, checked 2026-11-08. “The Hospitals of Providence East Campus is recognized as a Major Level II Trauma Center”
  16. Tex. Transp. Code § 661.003(a), checked 2026-11-08. “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.”
  17. Tex. Transp. Code § 661.003(c), checked 2026-11-08. “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 a collision”
  18. Tex. Transp. Code § 661.003(c-1), checked 2026-11-08. “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.”
  19. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
  20. TxDOT, 2025 Speed Involved Crashes and Injuries by County, checked 2026-11-08. “El Paso 26 29 83 97 910 1,270 574 944 2,663 8,518 206 604 4,462”
  21. TxDOT, 2025 Distracted Driver Crashes and Injuries by County, checked 2026-11-08. “El Paso 7 7 43 48 485 700 335 529 1,746 5,452 84 321 2,700”
  22. El Paso Police Department, Records & Reports, checked 2026-11-08. “Accident Reports $6.00 plus $2.00 extra for a certified copy”
  23. El Paso County Sheriff, Criminal / Accident Reports, checked 2026-11-08. “The El Paso County Sheriff’s Office can provide criminal and crash reports generated by the El Paso County Sheriff’s Office.”
  24. El Paso County Sheriff, Criminal / Accident Reports, checked 2026-11-08. “Crash Reports - $6.00”
  25. TxDOT, Crash reports and records, checked 2026-11-08. “$6 for a regular copy. $8 for a certified copy”
  26. TxDOT, Crash reports and records, checked 2026-11-08. “receive their report(s) via email following the purchase”
  27. El Paso Police Department, Vehicle Towing, checked 2026-11-08. “City Of El Paso Municipal Vehicle Storage Facility 11615 Railroad Drive El Paso, Texas 79934 (915) 212-0205 Open 24 hours”
  28. City of El Paso, Streets and Maintenance FAQs, checked 2026-11-08. “If you spot a pothole, cracks, or other damage on any city street surface, you may report it online or by calling us at 3-1-1.”
  29. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall within 90 days or within 6 months for good cause shown from the date the damage occurred or the injury was received, give notice in writing to the mayor”
  30. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall be sworn to by the person claiming damages or by someone authorized by him to do so on his behalf”
  31. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  32. Tex. Ins. Code § 1952.101(b)-(c), checked 2026-11-08. “unless the insurer provides uninsured or underinsured motorist coverage in the policy or supplemental to the policy. (c) The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing.”

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