Motorcycle accidents in Texas can be devastating. Riders are more exposed than drivers in passenger vehicles, which means the injuries are often severe and the recovery process long. Beyond the physical and emotional toll, the legal aftermath can be complex. Knowing the right strategies after a crash can make the difference between securing fair compensation and being left with overwhelming expenses.
If you’ve been injured in a motorcycle accident, here are the key legal strategies to protect your rights in Texas.
1. SEEK MEDICAL ATTENTION IMMEDIATELY
Your health comes first, but from a legal perspective, prompt medical care also creates a record of your injuries. Insurance companies often argue that delays in treatment mean the injuries were not serious or were unrelated to the accident. A clear medical record undermines those arguments.
2. DOCUMENT EVERYTHING
If you are physically able, gather evidence at the scene:
- Photos of the accident site, vehicles, and road conditions
- Contact information for witnesses
- Police report number
Later, keep records of:
- Medical bills and treatment plans
- Lost wages and time missed from work
- Motorcycle repair or replacement costs
This documentation will strengthen your case if a dispute arises.
3. BE CAUTIOUS WITH INSURANCE COMPANIES
Insurance adjusters may contact you quickly after the accident, sometimes while you are still in the hospital. Their goal is to minimize payouts. Avoid:
- Providing recorded statements without legal counsel
- Accepting quick settlement offers that may undervalue your claim
- Admitting fault, even casually
Always consult with an attorney before speaking extensively with insurers.
4. UNDERSTAND TEXAS NEGLIGENCE LAW
Texas follows a modified comparative negligence rule. This means:
- If you are 51% or more at fault, you cannot recover damages.
- If you are 50% or less at fault, your compensation will be reduced by your percentage of fault.
Because fault allocation can drastically affect your recovery, a skilled attorney is critical in countering efforts to shift blame onto you.
5. CALCULATE FULL DAMAGES
Motorcycle accident victims often suffer catastrophic injuries—traumatic brain injuries, spinal cord damage, or multiple fractures. Damages may include:
- Economic damages: medical bills, lost wages, property damage
- Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life
- Punitive damages (in rare cases): if the at-fault driver acted with extreme negligence, such as drunk driving
An attorney ensures all potential damages are included in your claim.
6. CONSIDER PRODUCT LIABILITY CLAIMS
If the accident was caused by a defective motorcycle part (such as faulty brakes or tires), you may also have a product liability claim against the manufacturer. These cases require technical investigation but can provide additional compensation.
7. FILE YOUR CLAIM ON TIME
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. Waiting too long could bar you from recovery entirely.
8. HIRE AN EXPERIENCED MOTORCYCLE ACCIDENT ATTORNEY
Motorcycle accidents often involve complex liability disputes and significant damages. An attorney can:
- Investigate the crash thoroughly
- Work with accident reconstruction experts
- Negotiate aggressively with insurers
- Represent you in court if necessary
Having a dedicated lawyer ensures you are not pressured into an unfair settlement.
FINAL THOUGHTS
Motorcycle accidents in Texas are life-changing, but you don’t have to face the legal battle alone. By seeking medical care, documenting your case, protecting yourself from insurance tactics, and working with an experienced attorney, you can protect your rights and maximize your compensation.
Injured in a Motorcycle Accident in Texas?
Contact The Law Office of Bryan Fagan, PLLC today to schedule a free consultation. Our legal team is ready to fight for your rights and help you rebuild after a serious motorcycle crash.
Bryan Fagan is a Texas family law attorney with a heart for adoption—inspired not just by his legal career, but by his own family story. Growing up in Atascocita with two adopted brothers, Bryan learned early the profound meaning of chosen family. His passion for justice was sparked by John Grisham’s The Pelican Brief, and he became the first lawyer in his family, balancing night classes at South Texas College of Law while caring for his grandmother with Alzheimer’s.
Today, Bryan brings that same dedication to his practice, guiding families through adoptions, custody disputes, divorces, and complex marital agreements. A certified member of the College of the State Bar of Texas, he combines elite legal expertise with genuine empathy—drawing from his roles as a husband, father of three, and advocate for families facing false CPS allegations.
Based in Houston, Bryan is actively involved in the Houston Bar Association’s Family Law Sector and statewide family law organizations. Whether finalizing an adoption or protecting parental rights, he believes the law should reflect the deepest values of home, commitment, and love.