Texas Motorcycle Accident Lawyer Guide: What to Do After a Crash in TX
Motorcycle crashes in Texas can change your life in seconds. Medical bills pile up, your bike is totaled, and you may be too hurt to work. Knowing your legal rights — and acting quickly — can make a real difference in what happens next.
This guide explains how Texas motorcycle accident law works, what steps to take after a crash, and how an attorney can help you pursue fair compensation.
Texas Motorcycle Accident Statistics: Why This Matters
Texas consistently ranks among the top states for motorcycle fatalities. According to the Texas Department of Transportation (TxDOT), thousands of motorcyclists are injured or killed on Texas roads every year. Riders are far more vulnerable than drivers in passenger vehicles — no steel cage, no airbags, no seatbelt.
Because injuries tend to be severe, the financial stakes in motorcycle accident claims are often higher than in typical car accident cases. That's one reason having an experienced lawyer in your corner matters so much.
Texas Fault Rules: How Liability Works for Motorcycle Crashes
Texas follows a modified comparative fault system under Texas Civil Practice & Remedies Code § 33.001. Here's what that means in plain English:
- You can recover damages as long as you are 51% or less at fault for the crash.
- Your compensation is reduced by your percentage of fault. If you are found 20% at fault and your damages total $100,000, you would receive $80,000.
- If you are found more than 50% at fault, you recover nothing.
Insurance adjusters often try to shift blame onto motorcyclists — claiming you were speeding, lane-splitting, or not wearing a helmet. An attorney can push back on unfair fault assignments with evidence like police reports, witness statements, and accident reconstruction.
Note on lane splitting: Texas law does not currently permit lane splitting. Riding between lanes of traffic could be used against you in a fault argument.
Texas Statute of Limitations: Don't Miss Your Deadline
Under Texas Civil Practice & Remedies Code § 16.003, you generally have two years from the date of the accident to file a personal injury lawsuit in Texas.
Miss that deadline and you almost certainly lose your right to sue — no matter how strong your case is.
Some exceptions exist (such as claims involving minors or government entities, which have different rules and shorter notice requirements), but you should never count on an exception applying to your situation. Start a free intake now to get the clock-check you need before time runs out.
What Damages Can You Pursue After a Texas Motorcycle Accident?
Texas law allows injured riders to seek two main categories of compensation:
Economic damages — These have a clear dollar value:
- Medical bills (past and future)
- Lost wages and lost earning capacity
- Motorcycle repair or replacement
- Rehabilitation and therapy costs
Non-economic damages — These are harder to calculate:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent disability
Texas does not cap non-economic damages in most personal injury cases (caps apply mainly in medical malpractice). However, the facts of your case — severity of injury, evidence of liability, insurance policy limits — all shape what is realistic. No attorney can guarantee a specific outcome.
What a Texas Motorcycle Accident Lawyer Actually Does for You
Hiring an attorney shifts the burden off your shoulders at a time when you should be focused on healing. Here is what a qualified Texas motorcycle accident lawyer typically handles:
- Investigating the crash — Gathering police reports, traffic camera footage, witness accounts, and expert opinions.
- Dealing with insurance companies — Insurers have experienced adjusters whose job is to minimize payouts. Your lawyer levels the playing field.
- Calculating full damages — Many injured riders undervalue their claims by forgetting future medical costs or long-term lost income.
- Filing deadlines and paperwork — Missing a procedural step can sink a case. Your lawyer tracks every deadline.
- Negotiating or litigating — Most cases settle before trial, but your lawyer should be prepared to go to court if necessary.
Most Texas motorcycle accident attorneys work on a contingency fee basis — meaning you pay nothing unless they recover money for you. Confirm the exact fee percentage before signing any agreement.
Talk to our intake team now to get connected with the right legal resource for your situation.
Steps to Take Right After a Motorcycle Crash in Texas
What you do in the hours and days after a crash can directly affect your claim:
- Call 911 — Get a police report on file. This is critical evidence.
- Seek medical attention immediately — Even if you feel okay. Some injuries (like traumatic brain injuries) have delayed symptoms. A medical record also documents your injuries.
- Document everything — Photos of the scene, your injuries, the other vehicle, road conditions, and any signage.
- Get witness information — Names and phone numbers of anyone who saw the crash.
- Do not give a recorded statement to the other driver's insurance — Anything you say can be used to reduce your payout.
- Contact a Texas motorcycle accident attorney — Ideally within days of the crash, not weeks.
Frequently Asked Questions
H3: Do I still have a case if I wasn't wearing a helmet?
Texas requires riders 21 and older who carry a minimum amount of insurance or have completed a safety course to ride without a helmet. If you were legally riding without one, the defense may argue it worsened your injuries. This affects your comparative fault percentage but does not automatically bar you from recovering damages.
H3: What if the other driver had no insurance?
Texas requires all drivers to carry liability insurance, but many don't. If the at-fault driver is uninsured or underinsured, you may be able to file a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage — if you elected that coverage on your policy. An attorney can review your policy and identify all available sources of recovery.
H3: How long does a Texas motorcycle accident case take?
It varies widely. Cases that settle out of court may resolve in a few months to a year. Cases that go to trial can take two or more years. The complexity of your injuries, the clarity of fault, and the insurance companies involved all play a role.
H3: What does it cost to hire a motorcycle accident lawyer in Texas?
Most work on contingency — you pay no upfront fees. The attorney takes a percentage of any recovery, typically ranging from 33% to 40% depending on whether the case settles or goes to trial. Confirm all fee terms in writing before hiring anyone.
H3: Can I sue if the crash was partly my fault?
Yes — as long as you are 50% or less at fault under Texas's modified comparative fault rule. Your award will be reduced by your fault percentage, but you are not barred from recovering.
This article is for general educational purposes only and does not constitute legal advice. Laws change and individual circumstances vary. Always consult a licensed Texas attorney about your specific situation.
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