Texas Motorcycle Accident Lawyers
Riders get all the blame first

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01Why these cases are different

The dangerous differences of a motorcycle accident

The only thing standing in between a motorcyclist and death in a crash is luck. Cars have airbags, a roof, and hundreds of pounds of metal that shield the driver. Injuries for motorcycle accidents tend to be a lot more severe.

That’s not the worst part. The worst part comes when the basis for placing the blame on the cyclist is built around the stereotype of motorcycles being “more dangerous” to ride than cars.

22xMore likely to die in a crash, per mile, than someone in a car
80%Of reported motorcycle crashes end in injury or death
1 in 8Texas traffic deaths is a motorcyclist, though bikes are a fraction of traffic
Figures: NHTSA; TxDOT Motor Vehicle Crash Facts
02How it happened

You didn’t get hit riding a motorcycle on an empty street.

Most wrecks involving motorcycles will involve another vehicle, and usually it’s on the driver and not the motorcyclist. Here are a few common cases we run into in Texas.

01 / Left turn

You’re hit by a car’s left turn

A car is crossing over the left lane trying to turn left, but doesn’t look for any bike riders and runs right into you, even though you were in plain sight.

02 / Blind spot

You’re hit by a car merging

A driver merges into your lane without looking at their blind spot. Often you’ll hear, “He came out of nowhere” — that is an admission, not a defense.

03 / Rear-end

You’re rear-ended at a stop

You’re waiting at the red light and you feel a car hit you from behind. Even at low speeds, that collision is enough to throw you off your bike and into traffic.

04 / Dooring

You ride into an open door

A careless driver decided not to make sure the road was clear before opening their door. In comes you, driving the speed limit, only to get whacked by a metal door. That person should have looked.

05 / Road hazards

You hit a pothole

Something as simple as a pothole a few inches deep can throw off your motorcycle and fling you into the ER. Sometimes a government contractor could be at fault.

06 / The blame

You lose control

Since motorcycles require more active driving to maintain balance, the insurer’s first move is to call it rider error. The surface of the road, the visible skid marks, and any witnesses can paint a very different story once you dig into the case.

The same pattern emerges: it’s very easy to fault the motorcyclist. That’s why it’s extremely important to build up all the evidence as quickly as possible. The simple fact is that your claim can be built on the other driver saying, “I didn’t see him.”

Crash patterns drawn from NHTSA motorcycle crash data and TxDOT Crash Facts.
03Who’s really at fault

They’ll try to say it was your fault. We know it wasn’t.

It’s easy to blame motorcycles for crashes, as they’re the odd man out in traffic. Insurers bet on that bias; before any facts are displayed, the case is already leaning against you.

In Texas, our law doesn’t operate this way. Fault is decided by hard evidence, not by your choice of vehicle. Even being partly at fault doesn’t end your claim.

Drag to your share of the fault
$80,000
recovered on a $100,000 example, at 20% your fault
0% you50%100%

At 20% at fault, your 20% share comes off the top; you keep $80,000 of the example.

Illustration on a $100,000 example. In Texas, more than 50% at fault bars recovery under the 51% rule. Real percentages and values depend entirely on the facts.

Josh Alexander
Josh’s take

I have watched adjusters decide a rider was at fault before they read the report, just because he was on a bike. Texas does not blame you for what you ride; it looks at the evidence. Partial fault lowers a recovery, it does not erase it. Do not let anyone talk you out of a claim before the facts are even in.

Josh Alexander · Founder & Managing Attorney

04How much can you get?

You were hit riding a motorcycle — how much is your case worth?

One giant verdict can drag the overall average payout of your case based on your injuries, hospital bills, and the coverage you currently have.

Minor injuries$10k to $75k
Road rash and soft-tissue injuries that heal with time and basic care.
More serious injuries$100k and up
Broken bones, surgery, hardware, a long layoff from work, and bills that keep arriving.
Catastrophic or wrongful death$1M+
A brain or spinal injury, an amputation, or the loss of life. It can reach seven figures when coverage and liability support it.

Every case is different. The figures above are just general averages, not a guarantee for your case. Your recovery can be higher or lower depending on evidence. In Texas, being more than 50% at fault can prevent recovery. Past results do not guarantee a similar outcome.

What we can help you recover

We aim for fair numbers, and those fair numbers stem from four things. How much you actually collect depends on the strength of each of the things we’ve listed below.

The data from your hospital

Each receipt, each email, each visit to your doctor, and whatever they recommend for your treatment is instrumental in building the whole number.

Loss of income

You won’t be working. What happens to all the income you were consistently making before the accident? How do we ensure you are still able to provide for your means to live? We factor that in for the years ahead.

Impact on your life

An injury that forces a drastic change in lifestyle could be the biggest price that we fight to get you fairly compensated for.

Who’s truly at fault

It all comes down to blame and how much of that blame can be pinned on you. We fight to get you under that 50% so you recover, but the overall recovery depends on your insurance and the driver’s policy.

We feel for you

Surviving is the first step. The fight begins now.

Going back to how things were is going to take time, money, and a team of people who won’t quit on you. We carry that claim so you can focus on healing and mending yourself back together.

05After a crash

What should you do after a crash?

What you do in the first few days can shape your entire future. Not everything has to be perfect, but here are a few things we advise you to do and what to avoid.

Talk to a lawyer before you talk to any insurers. They’re waiting on that first recorded call to use it against you in the future.

Check in a hospital, even if you feel okay

That initial adrenaline spike can hide pain, and injuries can be ignored for hours. You don’t want an injury to manifest in a day or two and wish you’d checked it out earlier. A medical record from the first day ties your injuries in evidence.

Take pictures and get contact information

Document everything you can within reason. Take pictures of any skid marks, street signs, license plates, cars, and your motorcycle. Exchange information with everyone involved, even witnesses. Keep everything as is — your helmet, your motorcycle — and don’t alter anything.

Listen more than you talk

Give the police only facts, no opinions. Try to keep emotion out of this. Don’t apologize to anyone, and don’t give any recorded statements to any insurers.

No posting on social media

Don’t share about the crash on your story, not your injuries or your recovery. Those photos can be used out of context by the defense.

You have two years

The general deadline is two years to file for a claim, but it can vary depending on multiple factors. Evidence expiration depends on the types of vehicles involved, so it’s better to move early.

Call a lawyer before you settle

Early offers land before anyone knows the detail of your injuries and what they cost. Once you sign, you’re stuck, so make sure you have a lawyer read it with you first.

07Common questions

Texas motorcycle accident FAQ.

Straight answers, specific to Texas riders. Not sure how it applies to you? A free review sorts it out.

Legally reviewed by Josh Alexander
How much is my motorcycle accident case worth?
There is no honest single number. Your value is your medical bills, your lost income, and what the harm is worth, adjusted for fault and the coverage available; the “averages” online are skewed by a few huge verdicts. Catastrophic motorcycle cases can reach seven figures when the injuries and the insurance support it, while minor ones are far smaller. Past results do not guarantee a similar outcome.
The insurer says the crash was my fault. Can I still recover?
Usually yes. Under Texas modified comparative fault (§ 33.001), being partly at fault reduces your recovery by your share rather than erasing it; only at 51% or more are you barred. Blaming the rider is the insurer’s go-to move, so the fight is about evidence: the road, the skid marks, the witnesses, the other driver’s own words.
The insurance company made an offer. Is it fair?
Be careful with any early offer. It almost always arrives before anyone knows the full cost of your injuries, and once you sign and cash it, the claim is closed for good. A fair number accounts for future care and lost earning power, not just today’s bills. Have someone read the offer, and your policy, with you before you respond.
Do I have a case if I wasn’t wearing a helmet?
Often, yes. Texas lets riders 21 and over ride without a helmet if they meet the insurance or training requirement, so not wearing one is not automatically illegal and does not by itself end your claim. The other side may argue it added to head injuries, which can affect part of the recovery, but it does not erase a driver’s fault for causing the crash.
What if the driver fled or had no insurance?
You may still have options. Your own uninsured or underinsured motorist coverage can apply when the at-fault driver has no insurance, too little, or flees the scene, and other policy sources sometimes come into play. It turns on your policy language, so it is worth having someone read it with you.
How long do I have to file a motorcycle accident claim in Texas?
Generally two years from the date of the crash under Texas Civil Practice and Remedies Code § 16.003. If a city or government vehicle was involved, a much shorter written notice deadline can apply, sometimes only months, so confirm your exact deadline early.
Free, honest read

Tell us what happened. We’ll tell you straight.

Even if that means telling you that you do not need us. If you do, we will get to work before the evidence and the bike disappear, and you owe nothing unless we win. One call, no cost, no pressure.

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