Motorcycle accident in Houston: helmet rules, who gets blamed and finding a lawyer

Last checked November 8, 2026

In 2022, 37 motorcyclists and others died on Houston streets and 165 were seriously hurt.1 Texas requires a helmet unless a rider 21 or older qualifies for an exception.2 Whether no helmet counts as fault is unsettled.3 You generally have 2 years to sue.4

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Road map of Houston highlighting the streets on the city's High Injury Network, 8.9% of streets with 58% of deaths and serious injuries
Houston, 2022: 37 motorcycle and other riders died on city streets. Map data © OpenStreetMap contributors.

How dangerous are Houston roads for motorcycle riders?

The city tracks riders in a group it calls motorcyclists and others. That group lost 37 people in 2022 and had 165 serious injuries.1 Deaths in the same group were 26 in 2018 and 34 in 2021, so the trend was going the wrong way.5 Citywide that year, 323 people died and 1,592 were seriously hurt.6

We looked for a count of motorcycle crashes in Houston for 2025 and could not find one. TxDOT publishes its 2025 helmet table for the whole state, not by city. If you see a Houston number online with no source, be careful with it.

Two habits of other drivers matter most. Speeding was a factor in 33% of traffic deaths in Houston in 2022, and running signs and signals in 14%.78 A rider has very little protection against either one.

Do you have to wear a motorcycle helmet in Houston?

QuestionTexas rule
Who needs a helmet?Riders and passengers on public roads, unless an exception applies9
Who can skip it?Someone 21 or older who finished an approved safety course or has health insurance that covers crash injuries2
Can police stop you to check?Not just to find out whether you took the course or have that insurance10

If you rode without a helmet and qualified for the exception, save your course card or insurance card now. You may be asked for it later.

Will riding without a helmet hurt my Houston motorcycle claim?

Nobody can give you a firm answer. You lose your claim if you are more than 50% at fault, and no Texas statute says whether going without a helmet counts as fault. This point is unsettled.3

Expect an insurer to raise it anyway, especially with a head injury. Whether a helmet would have changed the injury is a medical question. Keep your helmet as it is after the crash, even if it is cracked, and keep the riding gear you wore. Do not clean it, repair it or throw it out.

Where do motorcycle crashes happen around Houston?

Harris County lost 503 people on its roads in 2025. City streets took 198 of those lives and interstates took 134.11 Those figures cover every kind of road user, but they fit what riders report: the danger is often at a light, not on a long open stretch.

  • A city plan found 43% of deaths and serious injuries at or related to an intersection or driveway.12 A car turning left across a rider's path is a classic example.
  • The High Injury Network is 8.9% of streets and 58% of deaths and serious injuries.13
  • Impaired driving was a factor in 32% of the city's 2022 traffic deaths.14

Write down the exact spot. If it is on the High Injury Network, that does not prove anyone was careless, but it can show the danger was already known.

What should a rider do after a Houston crash?

  1. Get to a hospital, even if you feel fine on adrenaline. Ben Taub and Memorial Hermann-Texas Medical Center are Level I trauma centers.1516
  2. Ask for your records later. Harris Health says clear requests are sent within 15 business days, and you should include a copy of photo ID.17 For Memorial Hermann, go through Release of Information.18
  3. Find your bike. Call HPD's tow line at 713-308-8580.19 The non-consent tow rate is $232 for the first 20 miles.20
  4. Get the report. Have two details ready, such as the date and the location.21 Buy it through BuyCrash or call 713-308-8500, option 3.2223
  5. Photograph skid marks, gravel and the road surface the same day, before anything changes.

What if a pothole or bad road caused my Houston motorcycle crash?

A rough patch that a car can roll over can throw a rider. The City of Houston says state law means it is not liable for property damage from street conditions.24 That sentence is about property. If you were hurt, ask a lawyer about the injury side instead of assuming the answer is no.

Do it fast, because the city's notice period is 90 days and the charter calls for a verified written notice.25 Mail it to the City Secretary at P.O. Box 1562, Houston 77251-1562.26 Send a copy to the City Attorney's Claims section.27 Harris County roads have their own 180-day notice.28 For any other Texas government owner, plan on about 6 months.29

Questions

How long do I have after a motorcycle accident in Houston?

Generally 2 years to sue.4 Children may get extra time.30 Claims against the city need notice in 90 days.25

Can I still file a claim if I was not wearing a helmet in Houston?

Possibly. Texas has no statute saying that riding without a helmet counts as fault, so this is unsettled.3

Who writes the report for a motorcycle crash in Houston?

Inside the city it is most likely HPD, which worked 53,902 crashes in 2025.31 Outside the city, check for the Sheriff's Office.32

Does Texas reduce my money if I was partly at fault?

If you are more than 50% responsible, you recover nothing.33

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Houston

Motorcycle accident

Texas

Sources

  1. City of Houston, Vision Zero Annual Report 2022, checked 2026-11-08. “Motorcyclist & Other 34 37 3 149 165 16”
  2. 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”
  3. 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.”
  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. City of Houston, Vision Zero Annual Report 2021, checked 2026-11-08. “Motorcyclist & Other 26 32 38 34”
  6. City of Houston, Vision Zero Annual Report 2022, checked 2026-11-08. “Houston lost 323 people in fatal crashes, and 1,592 people were seriously injured on our streets”
  7. City of Houston, Vision Zero Annual Report 2022, checked 2026-11-08. “Speeding 34% 33% 33% 37%”
  8. City of Houston, Vision Zero Annual Report 2022, checked 2026-11-08. “Disregarding Traffic Signs and Signals 16% 14% 19% 22%”
  9. 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.”
  10. 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.”
  11. TxDOT, 2025 Fatal Crashes and Fatalities by County and Road Type, checked 2026-11-08. “Harris 125 134 56 58 24 25 67 69 186 198 19 19 0 0 0 0 477 503”
  12. City of Houston, Vision Zero Action Plan, checked 2026-11-08. “43% of traffic deaths and serious injuries are at or related to an intersection or driveway”
  13. City of Houston, High Injury Network layer information, checked 2026-11-08. “represents 8.9% of Houston streets which account for 58% of traffic deaths and serious injuries”
  14. City of Houston, Vision Zero Annual Report 2022, checked 2026-11-08. “Impaired 28% 32% 14% 10%”
  15. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “HARRIS HEALTH BEN TAUB HOSPITAL 4/1/2028 Q HOUSTON 77030”
  16. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “MEMORIAL HERMANN - TEXAS MEDICAL CENTER 5/1/2028 Q HOUSTON 77030”
  17. Harris Health, Medical Records, checked 2026-11-08. “helps us send your records within 15 business days”
  18. Memorial Hermann, Request Medical Records, checked 2026-11-08. “The Memorial Hermann Release of Information Department processes requests for protected health information.”
  19. Houston Police, Towed Vehicles FAQ, checked 2026-11-08. “You can call the tow line at 713-308-8580 or go to Findmytowedcar.com.”
  20. Houston Police, Motorist Bill of Rights, checked 2026-11-08. “non-consent regulated tow rate, effective Jan. 1, 2026, is $232.00”
  21. Houston Police, Public Information Requests, checked 2026-11-08. “You must provide at least two of the following in order to obtain an accident report”
  22. Houston Police, Public Information Requests, checked 2026-11-08. “Crash Reports can be purchased online from the Texas Department of Transportation at https://buycrash.lexisnexisrisk.com”
  23. Houston Police, Public Information Requests, checked 2026-11-08. “Accident reports are handled by the Records Division, 713.308.8500 - Option 3.”
  24. City of Houston Legal Department, Filing a Claim, checked 2026-11-08. “Under State law, the City is not liable for property damage caused by the condition of its streets.”
  25. City of Houston Legal Department, Filing a Claim, checked 2026-11-08. “duly verified, within 90 days after the same has been sustained”
  26. City of Houston Legal Department, Filing a Claim, checked 2026-11-08. “City Secretary's Office City of Houston Post Office Box 1562 Houston, Texas 77251-1562”
  27. City of Houston Legal Department, Filing a Claim, checked 2026-11-08. “City Attorney's Office Attn: Claims/Subrogation Section Post Office Box 368 Houston, Texas 77001-0368”
  28. Harris County, Claim Filing Procedures, checked 2026-11-08. “Written notice of your claim must be mailed or delivered in person within 180 days of the occurrence to: Harris County Commissioners Court 1001 Preston, Room 610 Houston, Texas 77002”
  29. 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”
  30. Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
  31. TxDOT, 2025 Crashes and Injuries by Investigating Agency, checked 2026-11-08. “HOUSTON PD 264 284 1,086 1,279 4,276 5,953 12,300 18,429 33,421 97,773 2,555 18,384 53,902”
  32. TxDOT, 2025 Crashes and Injuries by Investigating Agency, checked 2026-11-08. “HARRIS COUNTY 146 150 601 695 2,456 3,464 2,650 4,007 19,520 53,604 737 4,580 26,110 SO”
  33. 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”

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