Texas Motorcycle Crash? Call a Personal Injury Lawyer

What To Do Right After a Texas Motorcycle Crash

Your health and safety come first. Call 911 to report the crash and request medical help if needed. If it is safe, move out of traffic, exchange information, and take photos or video of the scene, vehicles, roadway conditions, and your injuries. Identify any witnesses and request their contact information. Seek medical evaluation as soon as possible—even if you feel okay—because some injuries are not immediately apparent. Keep all medical records and receipts. Avoid discussing fault at the scene and be cautious with statements to insurers.

Why Contact a Texas Personal Injury Lawyer Early

A lawyer can investigate promptly, preserve critical evidence such as surveillance footage and vehicle data, and manage communications with insurers so you do not inadvertently harm your claim. Counsel can evaluate liability, identify all potentially responsible parties, and calculate your damages, including medical expenses, lost income, diminished earning capacity, and pain and suffering. Early involvement also helps track deadlines that can vary based on the facts and parties involved.

Understanding Fault and Comparative Responsibility

Texas follows proportionate responsibility rules. If you are found partially at fault, your compensation can be reduced by your percentage of responsibility, and recovery is barred if you are more than 50% responsible. See the Texas Civil Practice and Remedies Code Chapter 33 (Proportionate Responsibility) source.

Common Causes of Texas Motorcycle Crashes

Frequent causes include drivers failing to yield while turning left, unsafe lane changes, distracted driving, following too closely, and impaired or fatigued driving. Roadway hazards—loose gravel, potholes, debris, and poor signage—can also contribute. Mechanical defects or improper maintenance may implicate additional parties. Thorough investigation can reveal multiple overlapping causes.

Insurance Issues Riders Often Face

Motorcyclists frequently encounter low policy limits and disputes over medical necessity or the nature of injuries. Adjusters may request recorded statements or broad medical authorizations. Before giving statements or signing releases, consult counsel. Your own coverages—such as uninsured/underinsured motorist and personal injury protection or medical payments—may apply, depending on your policy. An attorney can coordinate benefits, address liens, and pursue all available sources of recovery.

Injuries and Damages

Motorcycle crashes often involve orthopedic injuries, road rash, traumatic brain injuries, and spinal trauma. Document symptoms consistently, follow treatment plans, and keep a journal of pain, limitations, and missed activities. Compensable damages can include past and future medical costs, lost wages, loss of earning capacity, property damage, pain and suffering, mental anguish, disfigurement, and physical impairment. In certain cases, exemplary damages may be available when the defendant’s conduct meets the required legal standard; see Texas Civil Practice and Remedies Code § 41.003 source.

Evidence That Can Strengthen Your Claim

Key evidence may include crash reports, bodycam or dashcam footage, intersection or business surveillance video, EDR/ECU data from involved vehicles, cell phone records, 911 audio, witness statements, scene measurements, helmet and gear inspection, and medical expert opinions. Prompt spoliation letters can help preserve data. Physical inspection of the roadway and lighting conditions close in time to the crash can be crucial.

Dealing With the Other Driver’s Insurer

Insurers often contact riders quickly to obtain statements or propose early settlements. Polite but limited communication is best until you obtain legal advice. Do not speculate about speed or fault. Do not sign blanket medical releases or accept a quick payment before you understand the full scope of your injuries and future care needs.

How a Lawyer Can Help

Your lawyer can coordinate medical care, calculate damages, preserve and develop evidence, and negotiate with insurers. If a fair settlement is not offered, counsel can file suit, conduct discovery, and present your case at trial. Most personal injury lawyers work on a contingency fee, meaning you pay attorney’s fees only if there is a recovery, plus case expenses as agreed.

Protecting Your Rights After a Crash

Deadlines for insurance claims and lawsuits can vary based on who is involved, the type of claim, and other factors. Texas generally has a two-year statute of limitations for personal injury claims from the date of injury; see Texas Civil Practice and Remedies Code § 16.003 source. Claims against governmental entities usually require written notice—often within six months—and some cities impose shorter notice periods by charter; see Texas Civil Practice and Remedies Code § 101.101 (Texas Tort Claims Act) source. Because these timelines are critical and fact-specific, speak with a Texas personal injury lawyer promptly.

FAQ

What if I was not wearing a helmet?

Texas law allows eligible riders over 21 to ride without a helmet under certain conditions, but lack of a helmet may affect liability arguments and damages related to head injuries.

Should I give the insurer a recorded statement?

Not before speaking with a lawyer. Recorded statements can be used to limit your claim. Provide basic information only and decline detailed questioning until you have counsel.

How long will my case take?

It varies. Straightforward claims may resolve in a few months; litigated cases can take a year or more depending on injuries, liability disputes, and court schedules.

What if the at-fault driver is uninsured or underinsured?

Your UM/UIM coverage may apply. An attorney can help you make a timely claim and comply with notice and consent-to-settle requirements.

Next Steps

If you or a loved one was injured in a Texas motorcycle crash, contact a Texas personal injury lawyer for a free case evaluation. Bringing your crash report number, photos or video, medical records, and insurance information can help your attorney assess your claim. Early legal guidance can protect your rights and improve your chances of a fair recovery.

Talk to a Texas injury lawyer today

References

• Texas Civil Practice and Remedies Code, Chapter 33 (Proportionate Responsibility): https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm
• Texas Civil Practice and Remedies Code § 16.003 (Two-Year Limitations Period): https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003
• Texas Civil Practice and Remedies Code § 101.101 (Texas Tort Claims Act Notice): https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm#101.101
• Texas Civil Practice and Remedies Code § 41.003 (Exemplary Damages): https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm#41.003

Last reviewed: 2025-11-05

Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney–client relationship. Laws and deadlines change and can vary by circumstances. Consult a qualified Texas attorney about your specific situation.