Legal Strategies After Motorcycle Accidents
Motorcycle accidents in Texas often leave victims facing serious injuries, high medical bills, and aggressive insurance tactics. Knowing how to protect yourself legally from day one can make a major difference in your recovery — financially, physically, and emotionally.
At Angel Reyes & Associates, we have helped injured Texans for over 30 years, standing strong when riders and families needed it most.
Quick Guide: Your Rights After a Motorcycle Crash
- You can seek compensation even if insurers blame you unfairly.
- Texas’ comparative negligence law may reduce, but not bar, your recovery.
- Getting legal representation early helps protect your case and maximize your outcome.
Immediate Steps to Take After a Motorcycle Accident
What you do right after a crash matters.
1. Prioritize Medical Attention
Motorcycle crashes often involve head injuries, fractures, and internal trauma. Even if you feel okay, some serious injuries — like concussions or spinal damage — may not show symptoms immediately. Seeking immediate care not only protects your health but creates vital documentation for your claim.
2. Report the Accident and Gather Evidence
Always call law enforcement. The police report can become critical evidence.
At the scene:
- Take photos of all vehicles, road conditions, and visible injuries.
- Get witness names and contact information.
- Make detailed notes while memories are fresh.
Learn more about smart post-accident practices in 5 Common Mistakes to Avoid After a Car Accident.
3. Avoid Speaking to the Other Driver’s Insurance Company
Insurance adjusters often call quickly, trying to get statements that limit their liability. Politely refuse and refer them to your attorney.
Understanding the Legal Challenges Motorcycle Riders Face
Texas law gives injured riders the right to pursue damages. But several legal challenges can complicate your case:
Comparative Negligence: Texas’ 51% Rule
Under Texas Civil Practice and Remedies Code §33.001, if you are found more than 50% at fault, you lose the right to recover damages. If you are 50% or less at fault, you can still recover, but your award will be reduced by your percentage of fault.
For example:
- If you are found 20% at fault and your damages are $100,000, you recover $80,000.
Strong legal strategy focuses on minimizing your assigned fault from the start. You can learn more about this at Understanding Texas Comparative Negligence Laws.
Helmet Laws and Jury Bias
Texas law, under Texas Transportation Code §661.003, does not require helmets for riders over 21 who have completed a safety course and carry insurance.
However, insurance companies may try to use non-helmet use to sway juries and reduce payouts — even if you were legally riding without a helmet. Skilled attorneys can neutralize this tactic by focusing attention where it belongs: on the negligent driver.
Dealing with Uninsured and Underinsured Drivers
Texas has one of the highest rates of uninsured drivers. If you were hit by someone without enough coverage, your own Uninsured/Underinsured Motorist (UM/UIM) coverage may be the only way to recover damages. Navigating UM/UIM claims can be complex without legal help.
Building a Strong Motorcycle Accident Claim
Winning a fair motorcycle accident settlement in Texas means anticipating and overcoming insurer defenses.
Key strategies include:
Securing Strong Evidence
- Photos, video, police reports
- Eyewitness statements
- Motorcycle maintenance and training records
- Medical documentation showing injury severity
Highlighting Responsible Riding
Portraying you accurately as a safe, responsible rider helps counter common biases against motorcyclists. Evidence of proper gear use, safety certifications, and good riding habits can tip jurors’ perceptions in your favor.
Working With Experts
Serious crashes often require accident reconstructionists, medical specialists, and economic damages experts to fully demonstrate the harm you suffered.
How Compensation Is Calculated After a Motorcycle Accident
If someone else’s negligence caused your motorcycle crash, you may be entitled to recover:
- Medical expenses (past and future)
- Lost wages and lost earning capacity
- Pain and suffering
- Disfigurement
- Loss of enjoyment of life
The severity of injuries often worse for motorcyclists increases the value of potential settlements. However, insurers may aggressively fight large claims, making strong legal representation essential.
You can see how factors like comparative fault affect settlements by reading Understanding Texas Comparative Negligence Laws.
Do You Need a Motorcycle Accident Lawyer?
Texas motorcycle accident claims can quickly become complex — especially when insurers try to shift blame onto the rider.
An experienced motorcycle accident attorney can:
- Protect your rights against aggressive insurers
- Minimize your assigned fault
- Maximize your compensation
- Navigate complicated UM/UIM claims
For a deeper look at how our firm helps riders, visit our page on Motorcycle Accident Attorneys in Dallas.
How Angel Reyes & Associates Supports Injured Motorcyclists
At Angel Reyes & Associates, we understand what you’re up against after a crash:
- Deep-rooted stereotypes about riders
- Complex comparative negligence rules
- Insurers looking to minimize payouts
We bring decades of experience, extensive resources, and a true commitment to our clients. We never charge upfront fees you pay nothing unless we win.
If you or a loved one has been hurt in a Texas motorcycle accident, contact Angel Reyes & Associates today for a free, no-risk consultation.
FAQs About Motorcycle Accident Claims in Texas
What if I wasn’t wearing a helmet during the crash?
You can still pursue compensation even if you weren’t wearing a helmet. Texas law doesn’t require helmets for riders over 21 with proper insurance and safety course completion. However, insurance companies may try to use this against you, making legal representation even more important.
How long do I have to file a motorcycle accident lawsuit in Texas?
In most cases, you have two years from the date of the accident to file a personal injury lawsuit under the Texas statute of limitations. Missing this deadline can bar you from recovering any damages.
Can I recover damages if I was partially at fault?
Yes. Texas follows a comparative negligence system. As long as you are 50% or less at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault.
What is UM/UIM coverage, and why is it important?
Uninsured/Underinsured Motorist (UM/UIM) coverage protects you if the at-fault driver lacks sufficient insurance. It can be critical after a motorcycle accident because Texas has a high number of uninsured drivers.
Final Thoughts
Motorcycle crashes leave more than physical scars they can impact your work, your finances, and your future. But you have rights under Texas law. And with the right legal strategy, you can hold negligent drivers accountable.
Don’t wait until insurers build their case against you. Let Angel Reyes & Associates fight to protect your future starting today.
