Motorcyclists face unique risks on Texas roads, where one driver’s inattention can lead to devastating consequences. Beyond physical recovery, injured riders often struggle with biased assumptions from insurers. Knowing your rights and how fault is determined under Texas law is crucial after a motorcycle accident.
Texas has one of the highest rates of motorcycle fatalities in the country. According to the Texas Department of Transportation (TxDOT), thousands of motorcycle riders are seriously injured each year, often due to negligent drivers who fail to yield, text while driving, or make unsafe lane changes.
Because motorcycles lack the protective frame of a car, injuries tend to be severe — ranging from broken bones and road rash to traumatic brain injuries and spinal cord damage.
Some of the most common causes of motorcycle accidents in Texas include:
Drivers failing to yield the right of way
Distracted or impaired driving
Unsafe lane changes or left turns
Speeding or tailgating
Hazardous road conditions or debris
Under the Texas Transportation Code, all motorists have a duty to operate vehicles safely and to share the road with motorcyclists. When that duty is breached and an injury results, it may form the basis of a negligence claim.
Texas follows a modified comparative negligence rule under Section 33.001 of the Texas Civil Practice and Remedies Code, meaning your compensation may be reduced by your percentage of fault. If you’re found more than 50% responsible, you may not recover damages.
A knowledgeable motorcycle injury attorney can investigate your crash, gather evidence such as police reports and witness statements, and work to prove another party’s negligence.
Depending on your case, you may be eligible to recover:
Medical expenses: Emergency care, surgeries, therapy, and future treatment
Lost income: Wages lost during recovery and future earning capacity
Pain and suffering: Physical and emotional distress caused by the accident
Property damage: Repair or replacement of your motorcycle
Punitive damages: In rare cases, when reckless or intentional conduct is involved
The Texas Civil Practice and Remedies Code allows injured victims to seek damages for both economic and non-economic losses.
Texas law requires motorcycle operators under age 21 to wear a helmet. Riders 21 and older may ride without one if they have completed a motorcycle safety course and carry adequate health insurance.
While helmet use isn’t mandatory for all adults, it can still affect your claim. Insurance companies sometimes argue that failure to wear a helmet contributed to your injuries, even though Texas law does not automatically reduce damages for that reason.
Seek medical attention immediately — even if you feel fine.
Report the accident to local law enforcement.
Document everything: Take photos of the scene, your injuries, and the vehicles.
Avoid speaking with insurance adjusters before consulting an attorney.
Contact a qualified Texas motorcycle accident lawyer to discuss your legal options.
Insurance companies often attempt to minimize payouts or shift blame onto riders. An experienced Texas motorcycle attorney understands how to build strong claims using evidence such as traffic camera footage, accident reconstruction reports, and expert testimony.
Your attorney can also negotiate with insurers and, if necessary, file a lawsuit within the two-year statute of limitations set forth in Texas Civil Practice and Remedies Code §16.003.
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Motorcycle accidents can change your life in an instant — but Texas law provides a path to justice for injured riders. Knowing your rights, acting quickly, and getting experienced legal help can make a significant difference in your recovery and your future.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized counsel, contact Ted B. Lyon & Associates.
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