Leading Motorcycle Accident Lawyer in Texas Fighting for Injured Riders

The most common causes of motorcycle accidents are related to driver error, but vehicle error and environmental factors also contribute to a fair share of accidents.

Some of these causes include:

Speeding

Texas roads have some of the highest speed limits in the country, which can spell disaster for a motorcyclist. The impact of a motorcycle crash at legal speeds can be deadly, so exceeding these speeds can cause a more significant impact — the brunt of which is usually absorbed by an unprotected motorcyclist.

Riding while Intoxicated

When it comes to alcohol impairment, motorcyclists are the worst affected. As outlined in the NHTSA’s 2022 Traffic Safety Facts report, 28% of all alcohol-impaired drivers killed in traffic accidents were operating a motorcycle:

Fatalities were motorcyclists: For comparison, 25% were passenger car drivers, 21% drove light trucks, 25% were pickup drivers,  drivers of pickups, 20% were drivers of SUVs, and 13% were van drivers.

Potholes

When a car encounters a pothole, it might blow a tire or cause the driver to swerve to avoid a collision. But potholes are potentially even more dangerous for motorcyclists. Hitting a pothole can cause a bike to flip, throwing a rider off their bike and into the road — or even into oncoming traffic.

Texas law allows you to seek compensation against the party responsible for your motorcycle accident. This is often another driver, but a company can also be liable, such as if a brake failure or tire blowout caused your accident.

But what if you were partly responsible for your accident?

As Texas is a modified comparative negligence state, you may still be able to claim compensation — but only if you were less than 51% at fault.

The process starts with filing an insurance claim with the at-fault driver’s insurance company. Then, a claims adjuster will determine how much the insurance company will offer you based on your accident and injuries.

It can be daunting dealing with insurance companies, but our motorcycle accident attorney in Texas can handle negotiations on your behalf to secure the best possible settlement for you.

If your motorcycle accident wasn’t your fault and you want to claim compensation, there are some vital steps you should take to maximize your chances of success.

Seek medical attention — and keep all medical bills and receipts

Securing a fair settlement relies on two key parts:

1. Showing your injuries were a result of your motorcycle accident
2. Providing proof of the financial losses you suffered as a result.

Not having this evidence makes it more difficult to negotiate a fair settlement or build a solid court case, as the other party may argue your injuries were not caused by the at-fault driver or company. This means you should see a doctor immediately after your accident to document your injuries. You should retain any relevant information, including medical bills, tax returns, payroll information, and receipts for travel, prescriptions, and prosthetic devices. You can never have too much, so if in doubt, keep records — your Texas motorcycle accident lawyer can advise you about what information is most relevant to your claim.

Stay away from social media

Immediately after your accident, you might be tempted to share your story on social media to let your friends and family know what happened and — ultimately — that you’re okay. But the other party’s insurance company will investigate the details of your accident. After all, they want to get away with paying as little as possible. This means you should expect them to go through your personal social media updates, looking for any way to devalue or deny your claim. Even responding to a comment telling another person that you’re okay or downplaying your injuries can impact how much compensation you receive. You don’t need to stop using social media completely, but avoid talking about your motorcycle accident until your claim is resolved.

Speak to a Texas motorcycle accident attorney

Insurance adjusters will take anything you say and twist it to avoid financial liability at all costs. Having a lawyer on your side will protect you from these tactics and allow you to focus on your recovery.

Yes, Texas law requires regular inspection of motorcycles to ensure it is safe. Motorcycles must pass an annual inspection to be roadworthy. Inspectors will check the following components:

• Tires: Tires should be in good condition with no severe wear or damage. The tread depth should also be within permissible limits.
• Brakes: Brake performance is essential for safety on the roads. Inspectors look at the condition and operation of both the front and rear brakes.
• Lights and reflectors: Lighting equipment is crucial for visibility. The inspection evaluates the condition and operation of the headlight, taillight, stop lamp, license plate light, turn signals, and reflectors.
• Horn and mirrors: The horn should function properly and be loud enough to alert other motorists. Mirrors should be stable and provide an adequate view to the rider.

Keeping your bike maintained and inspected ensures you stay on the right side of the law and keeps you and other motorists safe.

However, accidents can happen because of auto defects. If a malfunction caused your accident and you failed to get your motorcycle inspected — which could have identified the fault — it could affect your entitlement to compensation.

Riders as young as 15 can operate a motorcycle. However, there are restrictions to ensure safety. 

Riders aged between 15 and 17 must enroll in a motorcycle safety course. To do so, they must hold a provisional driver’s license or a Class C learner license and have completed the 32-hour classroom phase of a driver education course.

Riders aged 15 cannot operate a bike greater than 250cc and must ride under the direct supervision of a licensed motorcyclist aged 21 or older. When a rider turns 16, they can transition to a Class M license, which removes the restrictions on supervision and engine size. 

Texas law also requires motorcyclists aged under 21 to wear a helmet.

If you or a loved one are involved in a motorcycle accident involving a minor, speak to our Texas motorcycle injury lawyer to discover your options.

Driving on the shoulder may seem tempting in congested traffic, but the Texas Transportation Code generally prohibits shoulder surfing, except ‌in specific situations:

• To make a right turn
• To merge into traffic
• To make way for a faster vehicle
• To navigate around a vehicle that has stopped or broken down
• To avoid a crash
• When permitted by authorities, such as at an accident scene.

Riders should be cautious when driving on the shoulder, even when permitted — it is not designed for regular use and is often littered with debris, increasing the risk of damaging your bike and suffering an injury.

All motorists are required to abide by traffic laws and regulations, and driving on the shoulder when not permitted can constitute a violation. If you are injured in an accident, it is wise to consult a Texas motorcycle injury lawyer to find out where you stand.

Lane splitting is the practice of riding over painted, dashed road lines to pass between slower-moving vehicles. As of September 1, 2023, lane splitting and lane filtering are illegal in Texas. The legislative change began with House Bill 4122 in March 2023 and was officially signed into state law (to take effect from September) in June after a series of meetings, public hearings, and votes. It explicitly states riders “may not operate the motorcycle between lanes of traffic moving in the same direction or pass a motor vehicle while in the same lane as the vehicle being passed.”

If you are injured in a motorcycle accident while lane splitting, you should speak to a motorcycle accident attorney in Texas. Whether or not you are entitled to compensation depends on your comparative fault. You may still be able to claim if another party was majorly responsible — even if you violated the law by lane splitting.

You don’t need to hire an attorney if you’re injured in a motorcycle accident and want to pursue compensation. Your only legal obligation is to report the accident to the police, so you may choose to pursue compensation from the responsible party by yourself. The main reason injury victims choose to go it alone is to avoid paying legal fees — any settlement they negotiate, or judgment they secure from a jury is entirely theirs, minus any expenses for gathering evidence or consulting expert witnesses.

However, the advantages of hiring a Texas motorcycle accident lawyer make legal fees entirely worth it.

To file a claim, you must prove that the person or party responsible for your accident was negligent or reckless, and that requires solid evidence.

Our Texas motorcycle accident attorney will handle the entire process, from gathering physical evidence to tracking down and speaking to eyewitnesses and identifying the best expert witnesses to interview to support your case.

Because we’re expert negotiators and skilled at building winning cases, we can secure more compensation than you might be able to negotiate on your own, leaving you with a higher payout even after we deduct your fees.

Perhaps the greatest benefit of hiring a Texas accident lawyer is the support they provide. Your health must come first, which is why we will take the stress off your plate so you can focus on recovering from your injuries.