Texas Motorcycle Accident Lawyer
If you were injured in a motorcycle accident in Texas, you can pursue compensation from the at-fault driver for medical bills, lost wages, and pain and suffering. Texas is an at-fault insurance state under Texas Insurance Code § 1952.051, meaning the negligent party pays for your damages. An experienced Texas motorcycle accident lawyer can investigate the crash, preserve evidence, and fight to maximize your recovery.
At Varghese Summersett, our team includes board-certified personal injury attorneys and former prosecutors with decades of combined experience. We have offices in Fort Worth, Dallas, Houston, and Southlake. Our firm has earned more than 1,100 five-star reviews from clients across Texas. Below, we explain how motorcycle accident claims work in Texas and answer common questions about your legal options.
What should I do after a motorcycle accident in Texas?
The steps you take immediately after a motorcycle crash can make or break your ability to recover compensation. Here’s what Texas motorcycle accident lawyers recommend:
- Call 911 and wait for police. A police report creates an official record of the accident, including the officer’s observations about fault. This document becomes critical evidence in your claim.
- Get medical treatment immediately. Internal injuries and traumatic brain injuries may not show symptoms for hours or days. Delaying treatment also gives insurance companies an excuse to deny your claim.
- Document everything. Take photos of vehicle damage, road conditions, your injuries, and your helmet. Get contact information from witnesses.
- Do not give recorded statements to insurance companies. Adjusters are trained to get you to say things that hurt your claim. Politely decline until you speak with an attorney.
- Contact a Texas motorcycle accident lawyer. Most offer free consultations and work on contingency, meaning you pay nothing unless you win.
Who can be held liable for a motorcycle accident in Texas?
Texas follows a fault-based system for motor vehicle accidents. The driver who caused the crash is responsible for paying damages to injured parties. You can file a claim against the at-fault driver’s liability insurance or sue them directly in civil court.
Multiple parties may share liability in a motorcycle accident. Other motorists who failed to yield, ran red lights, or drove distracted are the most common defendants. Commercial vehicle operators and their employers can be liable under vicarious liability. Government entities may be responsible for dangerous road conditions, though the Texas Tort Claims Act limits these claims. Motorcycle manufacturers can face product liability claims for defective parts. Bars or restaurants that overserved an intoxicated driver may be liable under Texas Dram Shop laws (Tex. Alc. Bev. Code § 2.02).
At Varghese Summersett, our motorcycle accident attorneys work with accident reconstruction experts, biomechanical engineers, and medical specialists to establish exactly who caused your crash. We build cases designed to withstand insurance company challenges.
What causes most motorcycle accidents in Texas?
According to the Texas Department of Transportation, motorcyclists account for approximately 11% of all traffic fatalities in Texas despite representing only 2% of registered vehicles. Understanding common crash patterns helps explain why these accidents are so dangerous.
Left-turn collisions are the single most common type of fatal motorcycle accident. Drivers turning left at intersections frequently fail to see oncoming motorcycles, causing devastating T-bone crashes. A motorcycle’s narrow profile makes it easy to misjudge its speed and distance.
Lane-change accidents happen when motorcycles disappear into a car’s blind spot. When drivers change lanes without checking properly, they sideswipe riders at highway speeds.
Rear-end collisions occur because motorcycles stop faster than cars. When drivers follow too closely or aren’t paying attention, they slam into stopped motorcyclists with little warning.
Door strikes pose serious risks in urban areas like Dallas, Houston, and Fort Worth. Parked motorists opening doors into traffic can throw riders from their bikes instantly.
Distracted driving has become a leading cause of all motor vehicle accidents. A texting driver may never see a motorcycle until impact.
Drunk driving impairs the judgment and reaction time needed to safely share the road with motorcyclists. These cases often qualify for punitive damages.
Can I recover compensation if I was partly at fault?
Yes, but your compensation will be reduced based on your percentage of fault. Texas follows a “modified comparative negligence” rule under Texas Civil Practice and Remedies Code § 33.001. You can recover damages as long as you were not more than 50% responsible for the accident.
Here’s how this works in practice. Suppose you were rear-ended at a red light and suffered $100,000 in damages. The other driver ran the light, but you weren’t wearing a helmet. A jury assigns you 20% fault for not wearing protective gear. Your recovery would be reduced to $80,000.
Insurance companies aggressively exploit this rule. They’ll argue you were speeding, weaving, or otherwise contributing to the crash to reduce what they owe. An experienced Texas motorcycle accident lawyer knows these tactics and counters them with evidence showing the other driver’s negligence was the primary cause.
What compensation can I recover after a Texas motorcycle accident?
Texas law allows injured motorcyclists to recover three categories of damages under Texas Civil Practice and Remedies Code § 41.001.
Economic damages compensate for financial losses with a specific dollar value. These include past and future medical expenses (emergency care, surgeries, rehabilitation, medications), lost wages and reduced earning capacity, motorcycle repair or replacement costs, home modifications if you’re permanently disabled, and in-home care and assistance.
Non-economic damages compensate for losses that don’t have receipts but are equally real. These include physical pain and suffering, mental anguish and emotional distress, loss of enjoyment of life, disfigurement and scarring, and loss of consortium for spouses.
Exemplary (punitive) damages may be awarded when the at-fault party’s conduct was grossly negligent or intentional. Under Texas Civil Practice and Remedies Code § 41.008, punitive damages are generally capped at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000. Drunk driving cases often qualify for punitive damages.
How long do I have to file a motorcycle accident lawsuit in Texas?
You have two years from the accident date to file a personal injury lawsuit in Texas. Texas Civil Practice and Remedies Code § 16.003 sets this deadline. If you miss it, the court will almost certainly dismiss your case. You’ll lose your right to compensation forever.
Certain situations can affect this deadline. Claims against government entities for dangerous road conditions require notice within six months under the Texas Tort Claims Act. If the injured person is a minor, the clock may not start until they turn 18. If the at-fault driver fled Texas, the limitations period may be tolled.
The sooner you contact a lawyer, the better. Evidence disappears. Witnesses forget details. Surveillance footage gets recorded over. Starting early gives your legal team time to build the strongest possible case.
What does a Texas motorcycle accident lawyer do for your case?
A motorcycle accident attorney handles every aspect of your claim so you can focus on recovery.
Investigation. Your lawyer gathers police reports, medical records, witness statements, and any available video footage. They may hire accident reconstruction experts to prove exactly how the crash happened and who caused it.
Medical documentation. Attorneys work with your doctors to document the full extent of your injuries, including future treatment needs. This ensures you don’t settle for less than your case is worth.
Insurance negotiations. Insurance companies have teams of adjusters and lawyers working to minimize payouts. Your attorney handles all communications and pushes back on lowball offers with evidence supporting your full damages.
Litigation. If the insurance company won’t offer fair compensation, your lawyer will file a lawsuit and take your case to trial. At Varghese Summersett, we’ve tried hundreds of cases and aren’t afraid to go to court when necessary.
[FIRM EXPERIENCE NOTE: Consider adding a specific case example here showing how your team achieved a favorable result in a motorcycle accident case. This demonstrates real-world experience that differentiates your firm from competitors.]
How much does a Texas motorcycle accident lawyer cost?
At Varghese Summersett, we handle motorcycle accident cases on a contingency fee basis. You pay nothing upfront and owe nothing unless we win your case. Our fee comes out of the settlement or verdict we recover for you.
This arrangement means anyone can afford quality legal representation, regardless of their financial situation. It also means we’re motivated to maximize your compensation because that’s how we get paid.
Your initial consultation is completely free. We’ll review your case, explain your options, and answer your questions with no obligation.
Frequently Asked Questions About Texas Motorcycle Accidents
Do I have to wear a helmet in Texas?
Texas Transportation Code § 661.003 requires helmets for riders under 21 and those without qualifying health insurance or motorcycle safety course completion. Riders 21 and older who meet these requirements can legally ride without a helmet. However, not wearing a helmet can affect your injury claim. Insurance companies may argue you contributed to your head injuries, potentially reducing your compensation under comparative negligence rules.
What if the at-fault driver doesn’t have insurance?
Approximately 14% of Texas drivers are uninsured. If an uninsured or underinsured driver hits you, your own uninsured/underinsured motorist (UM/UIM) coverage can compensate you. Texas insurers must offer this coverage, though you can reject it in writing. If you don’t have UM/UIM coverage, you can still sue the at-fault driver personally. Collecting may be difficult, but a judgment can attach to their future assets and wages.
Should I accept the insurance company’s first settlement offer?
Almost never. Insurance companies make quick, low offers hoping you’ll accept before understanding the full extent of your injuries and damages. Once you accept a settlement, you cannot ask for more money later, even if your injuries turn out to be worse than expected. Speak with a lawyer before signing anything.
Can I recover compensation if the other driver was ticketed but not charged with a crime?
Yes. A personal injury claim is a civil matter, separate from any criminal charges. You only need to prove the other driver was negligent by a “preponderance of the evidence” (more likely than not). This is a much lower standard than the “beyond a reasonable doubt” required for criminal conviction. Traffic citations can actually help your case by providing evidence of negligence.
What if my loved one died in a motorcycle accident?
Texas allows surviving family members to file a wrongful death lawsuit under Texas Civil Practice and Remedies Code § 71.002. Spouses, children, and parents can recover compensation for funeral expenses, lost financial support, loss of companionship, and mental anguish. The estate can also pursue a survival action for the deceased’s pain and suffering before death.
Contact a Texas Motorcycle Accident Lawyer Today
Were you seriously injured in a motorcycle accident that wasn’t your fault? Are medical bills piling up while you’re unable to work? You don’t have to face the insurance companies alone.
At Varghese Summersett, our Texas motorcycle accident lawyers have helped thousands of injured Texans get the compensation they deserve. With offices in Fort Worth, Dallas, Houston, and Southlake, we’re ready to fight for you no matter where in Texas your accident occurred.
Call us today at 817-207-4878 (HURT) for a free, no-obligation consultation. We work on contingency, so you pay nothing unless we win your case.
