Motorcycle Accidents in Dallas: Why You Need Varghese Summersett
If you’ve been hurt in a Dallas motorcycle accident, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code § 33.001, meaning you can recover damages as long as you’re less than 51% at fault. The motorcycle accident lawyers at Varghese Summersett fight insurance company bias and maximize compensation for injured riders across the Dallas-Fort Worth metroplex.
Motorcycle crashes often cause catastrophic injuries because riders lack the structural protection cars provide. Even low-speed collisions can result in broken bones, road rash, or traumatic brain injuries that require months of treatment and thousands in medical expenses. Texas Department of Transportation data shows that motorcycle fatalities increased 8% statewide in recent years, with Dallas County among the highest for serious crashes.
What Causes Most Motorcycle Accidents in Dallas?
Negligent drivers cause the vast majority of motorcycle collisions. Distracted driving tops the list. Motorists checking phones, adjusting GPS, or eating behind the wheel simply don’t see motorcyclists until it’s too late. Under Texas Transportation Code § 545.4251, using a handheld device while driving is illegal, and violation can serve as evidence of negligence in your injury claim.
Impaired driving remains deadly for motorcyclists. Drunk or drugged drivers exhibit reduced reaction times, impaired judgment, and difficulty tracking smaller vehicles like motorcycles. Texas Penal Code § 49.04 makes it a crime to operate a vehicle with a blood alcohol concentration of 0.08% or higher, and intoxication manslaughter under § 49.08 applies when impaired driving causes death.
Aggressive driving behaviors put riders at extreme risk. Speeding, tailgating, weaving through lanes, and failing to yield create situations where motorcyclists have no escape route. Running red lights, ignoring stop signs, making illegal turns, and failing to signal lane changes are all violations of Texas traffic law that establish driver negligence when they cause crashes.
Injuries Common in Dallas Motorcycle Crashes
Without the protection of a vehicle frame, airbags, or seatbelts, motorcyclists absorb the full force of impact. The injuries are often severe and life-altering.
Traumatic brain injuries occur even when riders wear helmets. Concussions, skull fractures, and closed-head injuries can cause permanent cognitive deficits, personality changes, and chronic headaches. Texas doesn’t require helmets for riders over 21 who meet certain insurance or training requirements under Texas Transportation Code § 661.003, but helmet use significantly reduces TBI severity.
Spinal cord damage can result in partial or complete paralysis. Herniated discs, fractured vertebrae, and nerve damage may require multiple surgeries and lifelong rehabilitation. Many victims never return to their previous employment or activity level.
Road rash sounds minor but can be devastating. When skin contacts pavement at speed, the friction strips away multiple layers of tissue, sometimes down to muscle or bone. These wounds often require skin grafts, leave permanent scarring, and carry high infection risk.
Other serious injuries include crushed or amputated limbs, internal organ damage, facial fractures requiring reconstructive surgery, and dental injuries. Fatal crashes leave families pursuing wrongful death claims under Texas Civil Practice and Remedies Code § 71.004.
How Insurance Companies Fight Motorcycle Claims
Insurance adjusters often assume motorcyclists are reckless. This bias infects claim evaluations from day one. Adjusters look for any reason to shift blame to the rider, reduce settlement offers, or deny claims entirely.
Common tactics include arguing the motorcyclist was speeding (even without evidence), claiming lane-splitting caused the crash (illegal in Texas anyway), or suggesting the rider’s injuries predated the accident. Adjusters also exploit gaps in medical treatment to argue injuries weren’t serious or weren’t caused by the collision.
The attorneys at Varghese Summersett know these games. Our team includes former prosecutors and board-certified specialists who understand how to counter anti-motorcycle bias. We gather evidence proving the other driver’s negligence, document your injuries thoroughly, and present cases that force insurers to pay fair value.
Steps to Take After a Dallas Motorcycle Accident
Your actions after a crash directly impact your ability to recover compensation. Follow your doctor’s treatment plan without gaps. Insurance companies use missed appointments or delayed treatment to argue your injuries aren’t serious or weren’t caused by the accident.
Avoid social media while your claim is pending. Adjusters and defense attorneys search Facebook, Instagram, and other platforms for posts they can use against you. A photo of you smiling at a family gathering can be twisted to suggest you’re not really injured.
Contact a motorcycle accident lawyer before giving recorded statements to any insurance company. What seems like a routine call is actually an attempt to get you to say something that damages your claim. Let your attorney handle all communication with adjusters and opposing counsel.
Preserve evidence from the crash scene if possible. Photographs of vehicle damage, road conditions, traffic signals, and your injuries strengthen your case. Witness contact information, the police report number, and any dashcam or surveillance footage from nearby businesses can prove invaluable.
Why Motorcycle Accident Claims Are More Complex
Several factors make motorcycle injury cases harder to resolve than typical car accidents. The severity of injuries means higher medical bills, longer treatment periods, and greater impact on earning capacity. Many at-fault drivers carry only Texas’s minimum liability coverage of $30,000 per person under Texas Transportation Code § 601.072, which rarely covers catastrophic motorcycle injuries.
When the at-fault driver’s insurance isn’t enough, your own underinsured motorist (UIM) coverage may apply. Texas Insurance Code § 1952.101 requires insurers to offer UIM coverage, though many riders decline it to save on premiums. If you have UIM coverage, our attorneys can pursue additional compensation through your own policy.
Liability disputes require thorough investigation. Police reports, accident reconstruction experts, vehicle black box data, cell phone records, and witness testimony all help establish who caused the crash. Our firm works with experienced investigators and expert witnesses who can prove negligence when fault is contested.
What Compensation Can You Recover?
Texas law allows injured motorcyclists to pursue both economic and non-economic damages. Economic damages have clear dollar values: emergency room visits, surgeries, physical therapy, prescription medications, and future medical care. Lost wages from missed work and reduced earning capacity if you can’t return to your previous job also qualify.
Non-economic damages compensate for losses that don’t have receipts. Pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and permanent disability all factor into your claim’s value. Texas doesn’t cap non-economic damages in most personal injury cases, allowing juries to award what they believe fairly compensates victims.
Property damage covers motorcycle repair or replacement costs, damaged riding gear, and other personal property destroyed in the crash.
No Upfront Fees for Your Motorcycle Accident Case
Varghese Summersett handles motorcycle accident cases on contingency. You pay nothing unless we recover compensation for you. No retainer, no hourly billing, no surprise invoices. Our fee comes from the settlement or verdict we obtain on your behalf.
This arrangement lets injured riders access top-tier legal representation regardless of their financial situation. You’re already facing medical bills and lost income. You shouldn’t have to worry about affording an attorney too.
Frequently Asked Questions About Dallas Motorcycle Accidents
How long do I have to file a motorcycle accident lawsuit in Texas?
Texas Civil Practice and Remedies Code § 16.003 sets a two-year statute of limitations for personal injury claims. The clock typically starts on the accident date. Missing this deadline usually bars you from recovering any compensation, so contact an attorney promptly.
What if I wasn’t wearing a helmet during my motorcycle crash?
Texas law permits riders over 21 to go without helmets if they meet certain requirements. Not wearing a helmet doesn’t automatically bar your claim, but insurers may argue it contributed to your head injuries. An experienced attorney can counter these arguments and protect your right to compensation.
Can I still recover damages if I was partially at fault?
Yes, under Texas’s modified comparative fault rule. You can recover damages as long as you’re less than 51% responsible for the accident. Your compensation is reduced by your percentage of fault. If you’re found 20% at fault on a $100,000 claim, you’d receive $80,000.
How much is my motorcycle accident case worth?
Case value depends on injury severity, medical expenses, lost income, pain and suffering, and available insurance coverage. Catastrophic injuries involving permanent disability or disfigurement typically result in higher settlements. Our attorneys evaluate your specific circumstances during a free consultation.
Should I accept the insurance company’s first settlement offer?
Almost never. Initial offers are typically far below claim value. Insurers hope injured riders will accept quick, low settlements before understanding their case’s true worth. Let an attorney review any offer before you sign anything.
Talk to a Dallas Motorcycle Accident Lawyer Today
The aftermath of a motorcycle accident is overwhelming. Medical appointments, insurance calls, repair estimates, and mounting bills pile up while you’re trying to heal. You don’t have to handle this alone.
Varghese Summersett has helped injured Texans across Dallas, Fort Worth, Houston, and Southlake recover the compensation they deserve. Our team of over 70 legal professionals includes board-certified attorneys and former prosecutors who know how to build winning cases. Call 817-207-4878 today for a free consultation. Let us fight for you while you focus on recovery.
