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

Texas offers some of the best riding in the country. From the winding roads of the Hill Country to the vast stretches of highway in West Texas, the Lone Star State is a motorcyclist’s paradise. However, with heavy urban traffic in cities like Houston, Dallas, and Austin, it is also a place where serious accidents happen far too often.

Being involved in a Texas motorcycle crash is a life-altering event. The physical pain is often compounded by confusion about legal rights and aggressive insurance tactics. Texas law has specific nuances that can make or break a claim, making it vital for riders to understand their position before signing any paperwork.

If you or a loved one has been hit, you need a roadmap. This guide covers the critical steps to take immediately after an accident, how Texas liability laws affect your compensation, and why partnering with a specialized motorcycle accident attorney Texas riders trust is often the only way to secure a fair recovery.

Immediate Steps: Protecting Your Health and Your Rights

The moments following a crash are chaotic. Adrenaline is high, and you may be in shock. However, the actions you take at the scene lay the foundation for any future motorcycle injury Texas claim.

1. Call 911 and Seek Medical Attention

Prioritize your health above all else. Even if you feel “fine” or think you just have road rash, you must get checked out. Many serious injuries, such as internal bleeding or traumatic brain injuries (TBIs), do not show symptoms immediately.

Furthermore, a gap in medical treatment gives insurance companies ammunition. They will argue that your injuries were not caused by the crash or aren’t as severe as you claim. Immediate medical records create a direct link between the accident and your injuries.

2. Secure the Police Report

In Texas, a Crash Report (CR-3) is usually required if there are injuries or significant property damage. When the police arrive, give them a factual account of what happened. Do not speculate, and do not apologize. A simple “I’m sorry” can be misinterpreted as an admission of guilt. This report is a critical piece of evidence that your bike attorney Texas will use to establish fault.

3. Gather Evidence at the Scene

If you are physically able, act as your own investigator:

• Photos and Video: Capture the vehicles, road conditions, skid marks, traffic signs, and your injuries.
• Witness Info: Get names and phone numbers. Independent witnesses are often the tie-breaker in “he-said, she-said” disputes.
• Driver Details: Exchange insurance and license information, but keep conversation to a minimum.

Understanding Texas Motorcycle Laws

Texas is an “at-fault” state, meaning the person who caused the accident is responsible for paying the damages. However, determining fault isn’t always black and white. Texas uses a legal doctrine known as Modified Comparative Negligence (or the 51% Bar Rule).

The 51% Rule Explained

Under this rule, you can still recover damages even if you were partially at fault for the accident, as long as your percentage of fault does not exceed 50%. However, your compensation will be reduced by your percentage of fault.

Example:
If a jury awards you $100,000 but finds you were 20% at fault (perhaps for speeding slightly), you would receive $80,000.

The Danger Zone:
If you are found to be 51% or more at fault, you get zero compensation. This is where insurance companies attack. They know that if they can shift just enough blame onto you—claiming you were weaving, speeding, or not wearing bright clothing—they can avoid paying entirely. This is why having a skilled motorcycle accident attorney Texas is non-negotiable; they fight to keep liability where it belongs: on the negligent driver.

Helmet Laws and Compensation

Texas has a specific helmet law. Riders over 21 who have completed a safety course or have adequate health insurance are not legally required to wear a helmet. However, not wearing one can complicate your claim.

If you suffer a head injury and were not wearing a helmet, the defense may argue that your failure to wear safety gear contributed to the severity of your injury (even if the crash wasn’t your fault). This is a complex legal area that requires a specialized attorney to navigate.

Why Texas Riders Face an Uphill Battle

According to recent data from the Texas Department of Transportation (TxDOT), motorcyclist fatalities remain a significant concern on Texas roadways. Despite riders making up a small percentage of total vehicles, they account for a disproportionate number of severe injuries and deaths.

The Bias Against Bikers

There is an unfortunate cultural bias against motorcyclists. Many drivers (and jurors) perceive riders as reckless daredevils. Insurance adjusters exploit this bias. They may try to paint you as a “speed demon” to devalue your claim.

A Texas motorcycle crash requires a legal strategy that proactively dismantles these stereotypes. Your lawyer must humanize you to the adjuster or jury, showing that you are a responsible rider who was a victim of someone else’s negligence.

What Damages Can You Recover?

A motorcycle injury Texas claim is about more than just fixing your bike. It’s about making you whole again. A comprehensive claim should cover:

• Medical Expenses: Past, present, and future bills (surgeries, rehab, medication).
• Lost Wages: Income lost while you were off work recovering.
• Loss of Earning Capacity: If your injuries prevent you from returning to your old job.
• Pain and Suffering: Compensation for the physical pain and emotional distress.
• Disfigurement: Damages for scarring or loss of limb.
• Property Damage: Repairs to your motorcycle and replacement of expensive riding gear.

How to Choose the Right Motorcycle Accident Attorney in Texas

Not all personal injury lawyers are equipped to handle motorcycle cases. A generalist who mostly handles fender-benders might not understand the physics of a bike crash or the specific biases riders face.

When searching for a bike attorney Texas, look for these qualifications:

1. Trial Experience: Do they actually go to court? Insurance companies know which lawyers settle for pennies and which ones are willing to fight in front of a jury.
2. Motorcycle Focus: Do they specialize in motorcycle accidents? Check their case results for motorcycle-specific wins.
3. Local Knowledge: A lawyer familiar with local courts in Houston, Dallas, or San Antonio will have an advantage over an out-of-state firm.
4. No Upfront Fees: Reputable attorneys work on a contingency basis. You should not pay a dime unless they win your case.

Conclusion: Don’t Fight the Insurance Company Alone

Riding in Texas requires skill, awareness, and the right gear. Handling the aftermath of a crash requires the same level of preparation. The insurance company has a team of adjusters and lawyers working to minimize your payout. You deserve a team dedicated to maximizing it.

If you have been injured, do not rely on the insurance company to “do the right thing.” Consult with a qualified motorcycle accident attorney Texas immediately. They can protect your rights, handle the complex legal filings, and ensure you receive the compensation you need to get back on the road.

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