Motorcycle Accidents: Protecting Your Rights and Securing Compensation
David K. Wilson & Associates
June 1, 2024
Motorcycle accidents can lead to severe injuries and significant financial burdens due to the lack of protection for riders. Understanding your rights and the steps to take after a motorcycle accident in Texas is essential for securing the compensation you deserve. This post will provide a comprehensive guide on handling motorcycle accident claims.
Common Causes of Motorcycle Accidents
Motorcycle accidents can result from various factors, including:
- Driver Negligence: Car and truck drivers failing to notice or yield to motorcyclists.
- Road Hazards: Potholes, debris, and uneven pavement can pose significant risks to motorcyclists.
- Speeding and Reckless Driving: Excessive speed and aggressive driving behaviors increase the likelihood of accidents.
- Impaired Driving: Alcohol or drug impairment affecting judgment and reaction times can lead to severe accidents.
- Mechanical Failures:
Defects or failures in motorcycle components, such as brakes or tires.
Steps to Take After a Motorcycle Accident
- Ensure Safety: Move to a safe location if possible and check for injuries. Your first priority should always be the safety of yourself and others involved.
- Call 911: Report the accident to the police and request medical assistance. A police report will be an essential piece of documentation for your claim.
- Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries. This visual evidence can be crucial for proving fault and the extent of damages.
- Collect Information: Gather contact and insurance details from all parties involved, including names, phone numbers, addresses, driver’s license numbers, and vehicle registration numbers.
- Gather Witness Information: Collect contact details from any witnesses to the accident. Their statements can support your version of events.
Seeking Medical Attention
Even if you feel fine, seek medical attention as some injuries may not be immediately apparent. Injuries such as whiplash, internal bleeding, or concussions might not show symptoms right away but can have serious long-term effects.
Understanding Texas Motorcycle Accident Laws
- Fault-Based System: Texas follows a fault-based system, meaning the at-fault party’s insurance is responsible for damages. This system requires proving the other driver’s negligence.
- Comparative Negligence: Texas uses a modified comparative negligence rule, allowing you to recover damages if you are less than 51% at fault for the accident. Your compensation will be reduced by your percentage of fault.
Filing a Motorcycle Accident Claim
- Gather Documentation: Collect all relevant documents, including the police report, medical records, and evidence from the accident scene.
- Calculate Damages: Include medical expenses, lost wages, property damage, and pain and suffering in your claim.
- Consult a Motorcycle Accident Attorney: An attorney can help you navigate the claims process and negotiate with insurance companies to ensure you receive fair compensation.
Dealing with Insurance Companies
Insurance adjusters may try to minimize your claim. A motorcycle accident attorney can:
- Communicate with Insurers: Handling all interactions to protect your interests and prevent you from making statements that could harm your case.
- Negotiate Settlements: Seeking fair compensation through negotiations with insurance companies, ensuring all your damages are considered.
- Represent You in Court: If a fair settlement cannot be reached, your attorney can file a lawsuit and represent you in court to secure the compensation you deserve.
The Role of a Motorcycle Accident Attorney
A motorcycle accident attorney can:
- Investigate the Accident: Conduct a thorough investigation to determine liability, which may involve accident reconstruction experts.
- Gather Evidence: Collect and preserve crucial evidence to support your claim, including obtaining records from the trucking company.
- Negotiate with Insurers: Seeking fair compensation through negotiations with insurance companies, ensuring all your damages are considered.
- Represent You in Court: If necessary, file a lawsuit and advocate for your rights in court to secure the compensation you deserve.
Knowing what steps to take after a motorcycle accident in Texas is crucial for protecting your rights and securing fair compensation. Consulting with a motorcycle accident attorney can help you navigate the legal process and ensure you receive the support you need to recover. By being proactive and informed, you can significantly improve your chances of a successful outcome.


