Texas Motorcycle Accident Lawyer

How does Texas's helmet law affect a rider's claim?

Texas requires riders and passengers under 21 to wear a helmet. Riders 21 and older may ride without one if they have completed an approved safety course or carry qualifying health insurance.

An adult who met those conditions was riding legally without a helmet. Insurers may still argue that a helmet would have reduced a head injury. That argument should be met with medical evidence showing which injuries a helmet could not have prevented, such as fractures, spinal injuries and internal bleeding. It also does nothing to change who caused the crash.

If a younger rider was not wearing a required helmet, the claim still exists, but expect the fault issue to be raised.

Why do insurers fight so hard over rider fault in Texas?

Because Texas bars recovery once a person is more than 50 percent at fault, a few percentage points can decide a motorcycle case. Insurers often lean on stereotypes about speed and recklessness to push the number up.

Here is an example. A rider on a Dallas-area frontage road is hit by a driver turning into a gas station. The rider's damages total 180,000 dollars. The driver says the motorcycle came out of nowhere.

• If the jury assigns the rider 25 percent fault, the recovery is 135,000 dollars.
• If the jury assigns the rider 51 percent, the recovery is zero.

Evidence that helps includes business surveillance video, the rider's helmet camera, witness statements, and crash reconstruction based on damage patterns. A driver who says they never saw the motorcycle is often admitting they did not look carefully.

Is lane splitting legal in Texas?

No. Texas has not legalized lane splitting or lane filtering, and riding between lanes of moving or stopped traffic is likely to be used against a rider in a fault argument.

That does not end a claim. A driver who swerves into a lane without looking can still bear most of the blame. But a rider who was splitting lanes should expect the insurer to argue for a high fault percentage, and the evidence needs to be strong.

The same scrutiny applies to other riding choices. Insurers often ask whether the headlight was on, whether the rider wore bright gear, and where the motorcycle sat within the lane. None of these is a legal requirement in every situation, but each can become part of the fault story. Our team looks at the full picture, including the driver's own phone use, speed and sight lines, so the jury sees more than the stereotype.

Where are Texas riders most at risk?

Texas riders face fast urban freeways, long rural highways and popular scenic routes. Each produces different crash patterns.

• Hill Country ranch roads west of San Antonio and Austin are known for tight curves, sudden elevation changes and loose gravel.
• Urban freeways and frontage roads in Houston, Dallas and Austin bring left-turn and lane-change crashes.
• Rural highways in West Texas and the Big Bend region involve long distances from help, wildlife and heat.
• Large rallies and charity rides add group-riding hazards and crowds of unfamiliar drivers.

Livestock on rural roads can also cause crashes, and an owner who let animals roam may share responsibility depending on local stock laws.

Who pays for a motorcycle injury in Texas?

The driver who caused the crash, through their liability insurance, pays first. Your own uninsured or underinsured motorist coverage and any PIP on your motorcycle policy can add more, unless you rejected them in writing.

A defective tire, brake or part may support a claim against the manufacturer, as described on our product liability page. Serious rider injuries often require years of care, and our catastrophic injuries page explains how those future costs are proven. If a semi was involved, our Texas truck accident page explains the added rules.

What should a Texas rider do after a crash?

Get medical care, preserve the motorcycle and gear, and mark the 2-year filing deadline.

1. Get checked for head, spine and internal injuries.
2. Keep your helmet and gear unwashed and unrepaired.
3. Do not let the bike be salvaged before it is inspected.
4. Collect witness names and look for nearby cameras.
5. Avoid giving recorded statements to the driver's insurer.

For the state's general injury rules, see our Texas injury law hub. We offer a free case review and no fee unless we win.