888-970-5729
1300+
Our Texas motorcycle accident lawyers at Attorney Jeff Car Accident Lawyer represent motorcycle accident victims after a crash caused by a negligent driver or party. Motorcycle riders face a disproportionate risk of catastrophic injuries compared to other motorists, and insurance companies routinely try to unfairly shift blame to them.
If you were hurt because of another driver’s negligence, our Dallas motorcycle accident lawyers can help you pursue the financial compensation you deserve. Contact us today for a free consultation, so our legal team can begin building your winning motorcycle accident claim.
Table of Contents
Do I Need to Hire a Texas Motorcycle Accident Lawyer?
Texas Motorcycle Laws That Will Affect Your Claim
How Long Do I Have to File a Texas Motorcycle Accident Claim?
What Can Be Compensated in a Texas Motorcycle Accident Case?
Who Is at Fault for a Texas Motorcycle Accident?
Texas Motorcycle Accidents by the Numbers
Motorcyclists make up a small share of Texas traffic but carry a much larger share of the risk. According to the Texas Department of Transportation (TxDOT), 2024 was one of the deadliest years on record for Texas motorcycle riders. Key statistics include:
- An average of 1.6 riders killed every day, with 585 fatal motorcycle accidents in Texas in 2024
- Over 2,500 motorcyclists suffered serious injuries in reportable crashes
- 9,000+ reported motorcycle wrecks statewide in 2024
- 37% of motorcyclists killed in 2024 were not wearing a helmet at the time of the crash
- Motorcyclists account for roughly one in seven traffic deaths, despite representing a small fraction of registered vehicles
- Roughly 40% of fatal motorcycle crashes occurred at or near an intersection, often involving a left-turning driver who failed to see the rider
- About 20% of crashes involving riders with less than one year of experience
- Houston, Dallas, San Antonio, Austin, and Fort Worth are the top metro areas consistently ranked with the highest numbers of fatal motorcycle crashes
Motorcycles offer far less physical protection than a passenger vehicle, so even a low-speed motorcycle crash can cause devastating injuries. If you suffered serious injuries or other damages sustained in one of these crashes, an experienced motorcycle accident attorney in Texas can help you understand your legal options and pursue fair compensation.
Types of Motorcycle Accident Cases Our Texas Personal Injury Lawyers Handle
Motorcycle accident cases can arise from a wide range of circumstances resulting from someone else’s negligence. At Attorney Jeff Car Accident Lawyer, our experienced motorcycle accident attorneys handle the following:
- Left-Turn Accidents: A driver turns directly into the path of an oncoming motorcycle, often because the at-fault driver misjudged the rider’s speed or distance
- Lane Change Collisions: A driver merges into a rider’s lane without checking a blind spot or mirror
- Rear-End Collisions: Distracted driving or tailgating drivers who fail to stop in time behind a slowing motorcycle
- Intersection Crashes: Crashes caused by red light or stop sign violations at intersections, where a large share of fatal motorcycle crashes occur
- Dooring Accidents: A parked vehicle’s door opens into a rider’s path of travel
- Road Hazard Accidents: Potholes, debris, uneven pavement, or poorly maintained roads that cause a rider to lose control
- Drunk and Distracted Driving Accidents: Crashes caused by an impaired or inattentive driver who failed to see the motorcycle
- Defective Motorcycle Parts: Crashes caused by a defective motorcycle’s brakes, tires, or other mechanical failures
Motorcycle accident victims are entitled to seek compensation from the at-fault party’s insurance company. However, insurance adjusters often try to use a rider’s own behavior, such as lane position or helmet and protective gear use, against them. Consult with our award-winning law firm to protect your Dallas motorcycle accident case.
Why Choose Our Dallas Motorcycle Accident Lawyers
Hiring a motorcycle accident attorney is not always necessary.
With serious injuries sustained, choosing the right motorcycle accident attorney to ensure fair case proceedings is crucial. Injured victims must select a legal team that understands both Texas law and the biases riders often face from insurance adjusters and juries.
At Attorney Jeff, our core strengths that result in maximum compensation for clients include:
- Proven track record: Our experienced motorcycle accident lawyers have built a proven track record representing injured motorcyclists throughout Texas.
- Direct legal representation: You will work directly with your Texas motorcycle accident attorney throughout the entire legal process, not a rotating cast of paralegals.
- Willing to go to trial: Our trial lawyer team prepares every personal injury lawsuit as if it is headed to court, which strengthens our position against opposing counsel during negotiations.
- Fighting rider bias: We know insurance companies often unfairly blame riders. Our team works to counter that bias with evidence, not assumptions.
- Serving all of Texas: Our Dallas motorcycle accident attorneys serve clients throughout Dallas and North Texas.
Get Your Free Case Review. Our law firm operates on a contingency fee basis, so no upfront costs to you or your family. We strive to recover fair compensation for our clients. No upfront costs to you or your family. We strive to recover fair and equitable compensation for our clients.
Get Your Free Case Consultation
What Injuries Can Be Compensated After a Motorcycle Accident?
A motorcycle crash can cause a broad range of severe injuries, often far more serious than those seen in typical car accidents, since riders have no seatbelt, airbag, or metal frame to absorb the impact. Common motorcycle accident injuries that qualify for compensation include:
- Traumatic Brain Injury (TBI): Ranges from mild concussions to severe, permanent head injuries
- Road Rash: Severe skin abrasions that can require skin grafts and lead to permanent scarring
- Spinal Cord Injuries: May result in partial or complete paralysis and lasting neck injuries
- Broken Bones: Especially common fractures in the legs, arms, collarbones, and pelvis
- Amputations and Degloving Injuries: Severe trauma to limbs caught beneath a motorcycle or another vehicle
- Internal Injuries: May not be immediately apparent and require prompt medical care
- Disfigurement and Permanent Disability: Long-term impairments requiring ongoing medical treatment
If you suffered any of these motorcycle crash injuries, it is important to seek medical treatment immediately and consult with an experienced motorcycle accident lawyer to discuss your legal options for recovering compensation for your medical bills.
Texas Motorcycle Laws That Will Affect Your Claim
Texas has its own set of motorcycle-specific traffic laws that shape how motorcycle accident claims are handled. Understanding these rules is critical to protecting your right to recover compensation, since violations by either party can directly affect the determination of fault.
Texas Helmet Law
Under Texas Transportation Code Section 661.003, every motorcycle driver and passenger is generally required to wear a DOT-compliant helmet. Riders under 21 must wear a helmet with no exceptions.
Riders 21 and older may legally ride without a helmet only if they meet one of two conditions:
- They have successfully completed a state-approved motorcycle safety course, or
- They are covered by a qualifying health insurance plan that covers motorcycle injuries
Not wearing a helmet and protective gear does not automatically bar an accident victim from recovering compensation. However, insurance companies frequently argue that a lack of protective gear contributed to the severity of a head injury, a claim that can be used to reduce a settlement under the state’s comparative fault rule.
Lane Splitting and Lane Filtering Ban
Effective September 1, 2023, Texas House Bill 4122 amended Texas Transportation Code Section 545.0605 to expressly prohibit both lane splitting and lane filtering statewide. This means a motorcycle driver may not:
- Operate a motorcycle between lanes of traffic moving in the same direction, or
- Pass another vehicle while occupying the same lane as that vehicle
The law also clarifies that motorcycle riders are entitled to full use of a lane, meaning other drivers may not attempt to crowd a rider out of their own lane. Violating the lane-splitting ban carries a fine that commonly runs around $175, and can be used as evidence of contributory negligence if a rider was splitting lanes at the time of a crash.
Passenger and Equipment Requirements
Texas Transportation Code Section 545.416 sets rider and passenger seating requirements that often come up in motorcycle accident claims:
- A motorcycle may only carry a passenger if it is equipped with a permanent second seat and footrests
- Passengers must keep their feet on the footrests while the motorcycle is moving
- A passenger must be at least five years old to ride on a motorcycle, other than in a sidecar
- Handlebars may not extend more than 15 inches above the seat
- Every motorcycle must be equipped with at least one working headlamp, a rearview mirror, and a functioning muffler
Failing to meet these equipment standards can contribute to a liability dispute, particularly if a defective or improperly equipped motorcycle contributed to a crash.
Class M License Requirement
Operating a motorcycle on Texas public roads requires a Class M license or endorsement. Riders must complete an approved motorcycle safety course to obtain this endorsement. An unlicensed rider involved in a crash may face additional legal complications, though a licensing violation alone does not necessarily determine fault for the collision.
Proportionate Responsibility (Modified Comparative Fault Rule)
Texas follows a modified comparative fault rule under Texas Civil Practice and Remedies Code Section 33.001, sometimes called proportionate responsibility.
If an injured rider is found to be 50% or less at fault for a crash, their compensation is reduced by their percentage of fault. If a rider is found to be 51% or more responsible, they are barred entirely from recovering compensation.
Because insurance companies often try to assign a disproportionate share of blame to motorcyclists, proving the other driver’s negligence accurately is a central part of nearly every motorcycle accident case. For example, if a rider is awarded $200,000 in damages but found 20% at fault, only $160,000 can be recovered.
Minimum Auto Insurance Requirements
Under Texas Transportation Code Section 601.072, every motorcycle driver must carry minimum liability insurance, commonly known as 30/60/25 coverage:
- $30,000 in bodily injury coverage per person
- $60,000 in bodily injury coverage per accident
- $25,000 in property damage coverage per accident
According to the Texas Department of Insurance, these state minimums can fall short in serious motorcycle crashes, where costly medical bills are often significantly higher than in a typical car accident, creating real financial risk for accident victims without adequate insurance coverage.
Uninsured and Underinsured Motorist Coverage
Texas does not require drivers to carry uninsured or underinsured motorist coverage, but insurers must offer both on every policy.
Uninsured and underinsured motorist coverage can be rejected only in writing, and both can help an injured motorcyclist recover compensation when the at-fault driver has no insurance or insufficient limits.
This matters for motorcycle riders because an estimated 12% of Texas drivers carry no insurance at all, highlighting the major consequences in the event of a traffic accident.
How Long Do I Have to File a Motorcycle Accident Lawsuit in Texas?
Under the Texas statute of limitations, injured riders generally have two years from the date of the crash to file a personal injury lawsuit. A wrongful death lawsuit carries the same two-year deadline.
Exceptions to the Filing Deadline
- The discovery rule may extend the deadline if an injury was not immediately apparent after the crash.
- Claims against government entities, such as a crash caused by a hazardous road condition, require formal written notice, sometimes within as little as six months.
- Minors and certain other individuals may have modified timelines under Texas law.
What Happens if I Miss the Deadline?
If a motorcycle accident lawsuit is not filed within the statute of limitations, the accident victim generally forfeits the right to seek financial compensation, and courts will likely dismiss the case. Consulting an experienced motorcycle accident attorney early helps preserve key evidence, such as the police report and any available black box or event data, before it disappears.
Damages Motorcycle Accident Victims Can Recover in Texas
A successful motorcycle accident claim should hold the at-fault driver accountable and fairly compensate the rider for their losses. A fair settlement typically reflects the following categories of compensatory damages.
Economic Damages
- Current and future medical bills and medical records
- Lost wages and lost income from diminished earning capacity
- Property damage to the motorcycle and gear
- Rehabilitation and physical therapy costs
Non-Economic Damages
- Physical pain and suffering
- Emotional distress and mental anguish
- Disfigurement, scarring, and permanent disability
- Loss of consortium
Punitive Damages
These losses may be awarded in cases involving gross negligence or intentional misconduct, such as drunk or distracted driving. Such damages are often awarded in wrongful death cases or claims resulting in catastrophic injuries.
Texas law places specific limits on punitive damages, so it is important to speak with a personal injury attorney about how these caps may apply to your case.
How to Prove Negligence in a Texas Motorcycle Accident Case
Recovering compensation requires proving the at-fault party’s negligence. Personal injury lawyers generally do this by demonstrating four elements of negligence:
- Duty of Care: Every driver owes motorcycle riders the same duty to operate their vehicle reasonably and follow Texas traffic laws.
- Breach of Duty: The at-fault driver failed to meet that duty, such as by turning left without checking for oncoming riders or failing to check a blind spot.
- Causation: The breach of duty directly caused the crash that resulted in the rider’s motorcycle injuries.
- Damages: The crash resulted in quantifiable losses, such as medical bills, lost wages, or physical pain and suffering.
Because drivers often claim they simply did not see the motorcycle, motorcycle accident attorneys frequently work with accident reconstruction experts to establish exactly how a crash occurred and to counter bias against riders.
Who Can Be Liable in a Texas Motorcycle Accident?
Determining fault is often complex, especially when multiple parties may share responsibility for a crash. Common individuals and entities who may be held liable include:
- Negligent Drivers: Speeding, distracted, drowsy, or impaired drivers who fail to see or yield to a motorcycle
- Government Agencies: Entities responsible for maintaining safe roads, signals, and signage
- Motorcycle Manufacturers: A defective motorcycle part, such as faulty brakes, tires, or throttle mechanisms
- Employers: Companies whose employees cause crashes while on the job
- Commercial Trucking Companies: Driver fatigue, poor vehicle maintenance, or unsafe scheduling practices
In some cases, multiple parties may share liability, making it important to work with an accident lawyer who can conduct a thorough investigation to identify every at-fault party.
The Motorcycle Accident Claims Process with Our Texas Motorcycle Accident Attorneys
Working with an experienced motorcycle accident lawyer simplifies the legal process and significantly improves the odds of recovering maximum compensation. At Attorney Jeff, our process in a Dallas motorcycle accident case generally follows this order:
1. Free Case Review
The accident victim meets with a personal injury attorney to discuss the crash and determine whether they have a valid personal injury claim.
2. Investigation
An investigation into the crash scene to gather evidence, including the police report, medical records, witness statements, and any available surveillance or dashcam footage, will be conducted by our legal team. This step may also involve accident reconstruction experts for serious crashes where fault is contested.
3. Demand Letter
Our motorcycle accident attorney drafts and sends a demand letter to the other driver’s insurance company outlining the damages and compensation sought.
4. Negotiation for Maximum Compensation
If the insurance company pushes back or attempts to blame the rider, negotiations continue until fair compensation is reached or litigation becomes necessary.
5. Litigation
If a settlement cannot be reached, our motorcycle accident lawyer can file a lawsuit and represent clients in court to recover the maximum compensation possible.
Frequently Asked Questions About Texas Motorcycle Accident Claims
How long do I have to file a motorcycle accident lawsuit in Texas?
In most cases, Texas law grants two years from the date of the crash to file a claim. Certain circumstances may shorten or extend that deadline, so it is best to speak with a Texas motorcycle accident attorney as soon as possible.
Can I still recover compensation if I was not wearing a helmet?
Yes. Not wearing a helmet and protective gear does not automatically bar recovery, but it may be used to argue that a rider’s own actions contributed to the severity of their injuries, which can reduce compensation under the state’s comparative fault rule.
Does lane splitting affect my motorcycle accident claim?
Yes. Since lane splitting and lane filtering are illegal in Texas, evidence that a rider was splitting lanes at the time of a crash can be used to argue contributory negligence and reduce or eliminate compensation.
Do I Need to Hire a Motorcycle Accident Attorney?
No. However, hiring an experienced motorcycle accident lawyer is not always required, but pursuing a motorcycle accident claim without one can be especially difficult, given the bias many riders face from insurance companies and juries.
What if the other driver did not have insurance?
If you carry uninsured or underinsured motorist coverage, you may still be able to recover compensation through your own insurance company. An accident lawyer can help evaluate all available sources of coverage.
How Our Texas Motorcycle Accident Law Firm Will Benefit Your Case
Our legal team handles the demands of your personal injury case so you can focus on recovery. Our services include:
- Thorough Accident Investigation: In-depth review of the crash and contributing factors
- Evidence Collection and Preservation: Securing police reports, medical records, and witness statements
- Countering Rider Bias: Building a case that pushes back against unfair assumptions about motorcyclists
- Damage Assessment: Evaluating medical bills, lost wages, and pain and suffering
- Insurance Negotiation: Aggressively pursuing fair compensation with insurance companies
- Court Representation: Litigating your personal injury lawsuit if maximum compensation cannot be reached
Contact Our Texas Motorcycle Accident Law Offices Today
Immediate action is crucial after a motorcycle crash, both for your health and your wrongful death claim or personal injury claim’s validity. Evidence disappears, witnesses forget, and the two-year filing deadline does not typically pause.
Schedule a free consultation today to learn how our Dallas motorcycle accident attorneys can support you through this challenging time. You don’t have to handle the complicated legal proceedings or deal with the pushy insurance adjusters alone; Jeff’s got you.
Other Practice Areas Our Texas Personal Injury Law Firm Specializes In
- Texas Car Accidents
- Texas Bicycle Accidents
- Texas Dog Bite Cases
- Texas Pedestrian Accidents
- Texas Personal Injury Accidents
- Texas Slip and Fall Accidents
- Texas Truck Accidents
- Texas Uber and Lyft Accidents
- Texas Wrongful Death Lawsuits
- Texas Workplace Accidents
Attorney Jeff Car Accident Lawyer’s Other Locations
Speak with our personal injury attorneys today for a free consultation. We also have locations throughout California and Arizona.