Hurt in a Texas Motorcycle Wreck? Lawyer Help Today
Injured in a Texas motorcycle crash? Get medical care, document the scene, and speak to a lawyer before recorded statements. Texas uses modified comparative fault, UM/UIM and PIP can be critical, and helmet rules depend on age and training/insurance. Act quickly to preserve evidence and protect your rights.
What To Do Right After a Texas Motorcycle Crash
Your safety comes first. Call 911, get medical care, and follow your doctor’s advice. If you can, take photos of the scene, your bike, road conditions, and visible injuries. Exchange information with all drivers and witnesses, and get the crash report number. Avoid discussing fault at the scene or posting details online. If an insurer calls, you can decline a recorded statement until you speak with a lawyer.
Common Causes We See
Frequent factors include drivers failing to yield, unsafe lane changes, tailgating, left-turn conflicts, distracted or impaired driving, speeding, road debris, and mechanical defects or poor maintenance. A prompt investigation can secure dashcam footage, 911 audio, connected-vehicle data, and nearby business video before it is overwritten.
How Fault Works in Texas
Texas applies proportionate responsibility (modified comparative fault). Any award is reduced by your percentage of responsibility, and if you are more than 50% at fault you cannot recover damages. See Texas Civil Practice & Remedies Code ch. 33. Insurers may argue you bear more fault based on speed, lane position, or gear; targeted evidence can counter those claims.
Compensation You May Be Entitled To
Potential damages include medical bills, future treatment and rehab, lost income and diminished earning capacity, motorcycle and gear repair or replacement, and non-economic losses such as pain, mental anguish, scarring, and loss of enjoyment. In egregious cases, additional damages may be available under Texas law.
Insurance Issues Unique to Motorcyclists
Texas requires minimum liability insurance, but many at-fault drivers carry limited or no coverage. Uninsured/underinsured motorist (UM/UIM) and personal injury protection (PIP) on your policy can be crucial. Insurers must offer UM/UIM and PIP, and any rejection must be in writing. See Texas Insurance Code ch. 1952. UM/UIM typically requires proving the other driver’s liability and your damages; PIP pays certain losses without proving fault.
Deadlines and Why Acting Quickly Matters
Deadlines vary by party and claim type. Government-related claims can have short notice requirements. Video, vehicle data, and witness memories fade quickly. Early legal help preserves evidence and protects your rights.
Helmet Laws and Safety Evidence
Operators and passengers under 21 must wear a helmet. Riders 21 or older may ride without a helmet only if statutory training or insurance conditions are met. See Texas Transportation Code ch. 661. Helmet use can affect injury severity evidence but does not automatically determine fault.
Practical Tips
- Save your damaged helmet, jacket, and parts; they can be key evidence.
- Ask nearby businesses to preserve video and note camera locations immediately.
- Keep a pain and recovery journal to document day-to-day impacts.
- Route all insurer calls to your lawyer to avoid harmful statements.
Quick Checklist
- Get medical evaluation and follow-up appointments
- Request or note the crash report number
- Photograph the scene, bike, gear, and injuries
- Identify witnesses and save their contact info
- Notify your insurer; avoid recorded statements without counsel
- Review your policy for UM/UIM and PIP benefits
- Consult a Texas motorcycle accident lawyer promptly
How a Texas Motorcycle Accident Lawyer Helps
A lawyer can investigate the crash, preserve electronic and video evidence, obtain reports and medical records, coordinate experts, handle all insurer communications, calculate full damages (including future care and wage loss), manage property damage, and prepare your case for settlement or trial. Many work on contingency; you pay no attorney’s fees unless there is a recovery. Costs and expenses may be separate.
What To Bring to Your Free Consultation
- Crash report or report number
- Photos and videos
- Medical records and bills
- Health and auto insurance cards
- Repair or total loss documents for your motorcycle and gear
- Pay stubs or tax records showing missed work
- Any correspondence from insurers
FAQ
Will not wearing a helmet bar my claim?
Not necessarily. Fault for causing the crash is analyzed separately from injury mitigation. Helmet use may affect arguments about injury severity but does not automatically defeat liability.
What if the other driver fled?
A hit-and-run may be covered by UM on your policy. Promptly report the crash to police and your insurer and seek legal guidance to meet notice requirements.
How long do I have to file?
Limitations can vary and special notice rules may apply, especially with government entities. Speak with a lawyer as soon as possible to avoid missing deadlines.
Should I talk to the insurance adjuster?
You can report the claim but decline recorded statements until you consult a lawyer. Statements can be used to minimize your recovery.
What if I was partly at fault?
You may still recover if your responsibility does not exceed 50 percent, but your damages can be reduced by your percentage of fault.
Next Steps
If you or a loved one was hurt in a Texas motorcycle wreck, contact a Texas motorcycle accident lawyer today for a free case evaluation. We will explain your options, deal with the insurer, and pursue the compensation you deserve while you focus on healing. Request your free consultation.
Disclaimer
This post is for general information about Texas law only, is not legal advice, and does not create an attorney-client relationship. Laws, defenses, and deadlines depend on your specific facts. Consult a licensed Texas attorney about your situation.