Texas Motorcycle Accident Lawyer
If you were seriously injured in a motorcycle accident in Texas, you may be entitled to compensation for medical bills, lost wages, and pain and suffering from the at-fault driver. Texas is an at-fault insurance state, meaning the negligent party can be held financially responsible for your damages. An experienced Texas motorcycle accident lawyer can investigate the crash, preserve critical evidence, and fight to get you the full compensation you deserve.
At Varghese Summersett Injury Law Group, our team includes board-certified attorneys and former prosecutors with decades of combined experience handling serious injury cases across Texas. We have offices in Fort Worth, Dallas, Houston, and Southlake, and we’ve earned more than 1,100 five-star reviews from clients we’ve helped. In this article, 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 significantly impact 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.
- Get medical treatment immediately. Even if you feel fine, 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.
- Contact a Texas motorcycle accident lawyer. Most offer free consultations and work on contingency, meaning you pay nothing unless you win.
Who is liable for a motorcycle accident in Texas?
Texas follows a fault-based system for motor vehicle accidents. Under Texas Insurance Code § 1952.051, the driver who caused the crash is responsible for paying damages to injured parties. This means 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
- Commercial vehicle operators and their employers under vicarious liability
- Government entities responsible for dangerous road conditions (subject to Texas Tort Claims Act limitations)
- Motorcycle manufacturers for defective parts under product liability law
- Bars or restaurants that overserved an intoxicated driver 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 and build the strongest possible case.
What are the most common causes of 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. The most common causes include:
Left-turn collisions. Drivers turning left at intersections frequently fail to see oncoming motorcycles, causing devastating T-bone crashes. This is the single most common type of fatal motorcycle accident.
Lane-change accidents. Motorcycles can disappear into a car’s blind spot. When drivers change lanes without checking properly, they sideswipe riders.
Rear-end collisions. Motorcycles stop faster than cars. When drivers follow too closely or aren’t paying attention, they slam into stopped motorcyclists.
Door strikes. In urban areas like Dallas, Houston, and Fort Worth, parked motorists opening doors into traffic can throw riders from their bikes.
Distracted driving. Texting drivers are six times more likely to cause an accident. A distracted driver may never see a motorcycle until it’s too late.
Drunk driving. Alcohol impairs the judgment and reaction time needed to safely share the road with motorcyclists.
Can I recover compensation if I was partly at fault for the motorcycle accident?
Yes, but your compensation will be reduced. 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. Your compensation is reduced by your percentage of fault.
Here’s how it 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 (your $100,000 in damages minus 20%).
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 can counter 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
- In-home care and assistance
Non-economic damages compensate for losses that don’t have a receipt but are equally real:
- Physical pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Disfigurement and scarring
- 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?
Texas Civil Practice and Remedies Code § 16.003 sets a two-year statute of limitations for personal injury claims. This means you must file your lawsuit within two years of the accident date. If you miss this deadline, the court will almost certainly dismiss your case, and you’ll lose your right to compensation forever.
Certain situations can affect this deadline. Claims against government entities (for dangerous road conditions, for example) 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?
A motorcycle accident attorney handles every aspect of your claim so you can focus on recovery. This includes:
Investigation. Your lawyer will gather police reports, medical records, witness statements, and any available video footage. They may hire accident reconstruction experts to prove exactly how the crash happened.
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 levels the playing field, handling all communications and pushing back on lowball offers.
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.
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 get you the maximum compensation possible 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, though collecting may be difficult.
Should I accept the insurance company’s first settlement offer?
Almost never. Insurance companies make quick, low offers hoping you’ll accept before you understand 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 still 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 Injury Law Group, 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.
