Hit on Your Motorcycle in Texas? What Riders Need to Know

Texas roads offer some of the most scenic rides in the country, but they also present unique dangers for motorcyclists. With year-round riding weather and thousands of miles of highway, the risk of a serious accident is always present. A Texas motorcycle crash can be a life-altering event, leaving riders with severe injuries, mounting medical bills, and emotional trauma. When a collision is caused by a negligent driver, riders have the right to seek compensation, but navigating the legal system can be complex.

Understanding your rights and the specific laws in the Lone Star State is essential for protecting yourself after an accident. From the immediate steps to take at the scene to the process of filing a claim, knowing what to do can make a significant difference in the outcome of your case. This guide provides Texas riders with the critical information they need after being hit by another vehicle.

Common Causes of Motorcycle Accidents in Texas

While motorcyclists are often unfairly stereotyped as reckless, the reality is that most multi-vehicle accidents involving a motorcycle are caused by the other driver. Many of these incidents stem from a simple failure to see the rider.

Common causes of a motorcycle injury in Texas include:

• Unsafe Lane Changes: Drivers who fail to check their blind spots before changing lanes are a primary cause of motorcycle collisions.
• Left-Turn Accidents: Many crashes occur when a car makes a left turn in front of an oncoming motorcycle, misjudging its speed or failing to see it altogether.
• Distracted Driving: Drivers who are texting, talking on the phone, or otherwise not paying attention often fail to notice motorcyclists until it is too late.
• Speeding and Aggressive Driving: Cars and trucks that speed or tailgate create dangerous situations for everyone, but riders are especially vulnerable.
• Driving Under the Influence (DUI): An impaired driver has reduced reaction time and poor judgment, which can have fatal consequences for a motorcyclist.

Critical Steps to Take After a Texas Motorcycle Crash

The actions you take in the minutes and hours after being hit are crucial for both your health and any future legal claim.

1. Prioritize Safety and Medical Care

Your first priority is your well-being. If you are able, move to a safe location away from traffic. Call 911 immediately to report the accident and request medical assistance, even if you feel fine. Adrenaline can mask the symptoms of serious injuries, such as internal bleeding or a traumatic brain injury. Getting a prompt medical evaluation is vital.

2. Report the Accident to Law Enforcement

Always have a police officer respond to the scene. An official police report is a critical piece of evidence. Provide the officer with a clear, factual account of what happened, but do not admit fault or speculate about the cause of the crash. Make sure you get the officer’s name, badge number, and the police report number before you leave the scene.

3. Gather Evidence at the Scene

If your injuries permit, document everything. Use your phone to take pictures and videos of the accident scene, including vehicle positions, property damage, skid marks, traffic signals, and any relevant road conditions. Take photos of your injuries as well. Get the name, contact information, and insurance details of the other driver involved. If there are witnesses, ask for their names and phone numbers. Their testimony can be invaluable.

4. Be Careful What You Say

Avoid discussing the accident with the other driver beyond exchanging essential information. Do not apologize or say anything that could be interpreted as an admission of guilt. When the other driver’s insurance company calls, you are not obligated to give them a recorded statement. It is best to decline politely until you have consulted with a motorcycle accident attorney in Texas.

Texas Motorcycle Laws You Need to Know

Texas has specific laws that can impact your case. Understanding these rules is key to building a strong claim.

Modified Comparative Fault

Texas follows a “modified comparative fault” rule, also known as the 51% bar rule. This means you can recover damages as long as you are not found to be 51% or more at fault for the accident. If you are found partially at fault (for example, 20% responsible), your total compensation will be reduced by your percentage of fault. Insurance companies often try to exploit this rule by shifting as much blame as possible onto the rider. This is a primary reason why having a skilled bike attorney in Texas is so important.

Helmet Laws

Texas requires all riders and passengers under the age of 21 to wear a helmet. Riders who are 21 or older can legally ride without a helmet if they have completed a motorcycle operator training course or can show proof of at least $10,000 in medical insurance coverage. However, even if you were not legally required to wear a helmet, the insurance company may try to argue that your failure to wear one contributed to your head injuries.

Statute of Limitations

In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. If you fail to file within this timeframe, you will likely lose your right to seek any compensation. While two years may seem like a long time, building a strong case takes time. It is crucial to contact an attorney well before this deadline expires.

How a Motorcycle Accident Attorney in Texas Can Help

Dealing with the aftermath of a Texas motorcycle crash is overwhelming. An experienced lawyer can handle the legal complexities so you can focus on your recovery.

A dedicated motorcycle accident attorney in Texas will:

• Conduct a Thorough Investigation: Your lawyer will gather all evidence, including the police report, witness statements, medical records, and expert testimony to establish the other party’s fault.
• Fight Unfair Blame: They will protect you from the insurance company’s attempts to use the comparative fault rule against you and prove the other driver was primarily responsible.
• Calculate Your Total Damages: An attorney ensures all your losses are accounted for, including current and future medical bills, lost wages, diminished earning capacity, pain and suffering, and property damage.
• Negotiate with Insurance Companies: They will handle all communication with adjusters and fight for a full and fair settlement on your behalf.
• Take Your Case to Court: If the insurance company refuses to offer a fair settlement, your attorney will be prepared to file a lawsuit and represent you in court to demand the compensation you deserve for your motorcycle injury in Texas.

Don’t Face the Aftermath Alone

If you have been hit on your motorcycle in Texas, you don’t have to navigate the confusing and stressful claims process by yourself. Protecting your legal rights is the most important step you can take toward securing your financial future and getting the resources you need to heal.

Were you injured in a motorcycle accident? Contact an experienced Texas motorcycle accident attorney today for a free, no-obligation consultation to discuss your rights and legal options.