One moment, you’re riding with control and freedom. Next, you’re on the pavement, hit by a driver who didn’t bother to look before merging. It’s a story we hear all too often, and the consequences can be devastating.
Motorcyclists don’t get second chances in collisions with cars or trucks. Even with a helmet and full gear, the human body is no match for a 4,000-pound vehicle. From broken bones to traumatic brain injuries or worse, a motorcycle accident can change your life in an instant.
At DJC Law, we’ve helped riders across Texas hold negligent drivers accountable. We understand how a serious injury impacts every part of your life: your income, your independence, your health, and your future. That’s why we handle everything—medical documentation, insurance negotiations, and legal strategy—so you can focus on recovering.
What Can You Claim After a Motorcycle Crash?
All motor vehicle accidents can result in injuries, but motorcycle collisions are more likely to result in life-changing ones. This includes:
- spinal cord injuries
- neck injuries
- traumatic brain injury
- paralysis, and
- wrongful death.
Crash related injuries leave people with reduced or lost income, medical expenses, the need for future medical treatment, and a loss of the enjoyment of life. A successful personal injury claim may also recover pain and suffering, emotional distress, and diminished earning capacity.
Victims are entitled to compensation in a motorcycle accident claim when the accident is caused by the negligence of another person.
Calculating Damages in Motorcycle Accident Cases
Calculating damages correctly is key to getting full financial recovery after a motorcycle accident. Damages include both economic and non-economic losses caused by the injury.
Important parts of the damage calculation are:
- Medical Expenses: Costs for emergency care, ongoing treatment, rehab, and medicine.
- Lost Wages: Income payment lost because you could not work during recovery.
- Property Damage: Costs to repair or replace your motorcycle and other damaged property.
- Pain and Suffering: Money for physical pain and emotional stress.
- Catastrophic Injuries: Severe injuries that cause long-term disability and higher financial needs.
A thorough injury evaluation supported by strong evidence, like medical bills and treatment documents, is essential. This proof supports your personal injury claim and makes sure all economic and non-economic damages are fairly counted.
For the best damage assessment, work with experienced personal injury attorneys who know motorcycle accident claims and the full range of costs and damages.
Types of Compensation Available
Knowing the types of compensation available helps you plan your recovery after a motorcycle accident claim.
Economic Damages:
- Medical bills and hospital costs
- Lost wages and lowered earning ability
- Property damage reimbursements
- Rehabilitation and therapy expenses
Non-Economic Damages:
- Pain and suffering
- Loss of use or enjoyment of life
- Emotional distress
- Wrongful death benefits in fatal cases
Elements of an Injured Motorcyclist’s Claim for Negligence
All motorcycle operators and drivers in Texas must exercise a reasonable level of care when operating a motor vehicle. Drivers who fail to abide by Texas traffic laws can be sued for negligence in the event of a preventable accident.
Negligence lawsuits from motorcycle accidents will be filed in either a Texas state court or a US federal court.
After the defendants respond to a complaint for personal injuries and damages, then a process called “discovery” will begin, which is how one party gains information from another.
Discovery can reveal how the at-fault party was negligent. You can sue for pain and suffering in Texas in a motorcycle accident case when a negligent driver or government entity causes your injuries. When someone's negligence is to blame for your injuries, then they are financially responsible for your damages.
If an insurance company refuses to offer a fair and full settlement, the matter will proceed to trial. At trial, a judge or jury will decide liability and the amount of damages to award to the injured party or plaintiff.
It is crucial that you have an experienced personal injury attorney to assist you throughout this process and help with your financial recovery.
Injured as a pedestrian instead? Talk to an Austin pedestrian accident lawyer. We help injury victims and families in Austin, Texas obtain the compensation they need after they've been harmed through little to no fault of their own.
Motorcycle Laws and Regulations for Safe Driving
Texas Helmet Laws and Regulations
Understanding Texas motorcycle helmet laws is important if you're injured in a crash. While the driving rules and regulations exist, in Texas, motorcycle riders under 21 must wear a DOT-compliant helmet. However, if the rider is above 21, they can only ride without a helmet if they have at least $10,000 worth of health insurance.
In case riders don’t wear a helmet, they may have to compromise on the compensation and face comparative negligence arguments. For instance, if head injuries are sustained and they could have been mitigated by wearing a helmet, compensation can be reduced.
In addition, all riders must hold a valid motorcycle license issued by the Texas Department of Public Safety. Operating a motorcycle without the proper license can not only result in fines or criminal charges, but it can also affect liability and financial compensation if an accident occurs.
Lane Splitting and Filtering Laws
According to the Texas Transportation Code § 545.060, motorcycle riders cannot ride between lanes in moving traffic. Moreover, they cannot drive past stopped vehicles, especially at traffic lights. Violations of these laws can lead to accidents, and the riders are held accountable.
Dangerous Conditions on the Roadways
Conditions on the road that may seem harmless to people in automobiles can put bikers in danger. A faulty or poorly constructed road can cause a two-wheeled bike to wobble or blow out a tire.
Motorcyclists who are injured due to potholes, roadside hazards, or other dangerous road conditions may have a cause of action against the company or the government responsible for maintaining and repairing the roadway.
These hazards can lead not only to serious injuries but also to motorcycle fatalities, especially when high speeds or visibility issues are involved. Even experienced riders are at risk when roads are poorly maintained or lack proper signage.
The knowledgeable Texas motorcycle attorneys at our firm in Austin will be able to determine whether an injured motorcycle rider has the right to file a claim for compensation.
Your Next Steps: What to Do Right After a Motorcycle Crash
After a collision, the first thing to do is seek medical attention, even if your injuries seem minor. Internal injuries can be delayed, and your health must come first. Call 911, move to a safe location, and wait for emergency help to arrive. You are required to report injuries of any kind, death, and property damage to your motorcycle accident lawyer in Austin and to law enforcement.
In the meantime, take enough photos and video of the accident scene as they will be helpful for a motorcycle accident attorney in Austin. Collect evidence and witness contact information so that we can contact them later.
Most importantly, don’t repair your vehicle and property until they are inspected by an expert, your motorcycle accident attorneys in Austin, and law enforcement. Keep your medical records, damaged items like helmets, clothes, gadgets, etc., as an experienced motorcycle accident lawyer in Austin will use them when seeking compensation for damages.
Motorcycle accident injuries should always be documented early and thoroughly to support your legal claim.
Don’t Let Insurers Trick You: Read This First
Once involved in an accident, you should not talk to anyone, even your insurance company, without motorcycle accident attorneys in Austin. It’s common for the at-fault party’s lawyers or insurance adjusters to get your signature on any sort of paper that can dilute their client’s responsibility to pay.
DJC Law has the best motorcycle accident lawyers in Austin, and we are ready to represent you on a single phone call. In the meantime, remember these tips to counter insurance schemes:
- Never accept quick settlements, as it does not account for future medical costs and lost wages.
- Don’t pay attention to their claims like “you were lane splitting” or “you were not wearing a helmet”.
- Insurers may ask for multiple medical exams or even downplay chronic pain. Don’t pay heed to their demands and submit records from treating physicians.
Don’t let the insurance company take advantage of you. At DJC Law, we’ve seen every tactic, and we know how to fight back. If you’ve been injured in a motorcycle crash, your first consultation is 100% free. We’ll review your case, explain your rights, and help you decide what to do next, no pressure, no obligation.
Call now for your free consultation and take the first step toward protecting your future.
Can I Still Recover Money If I’m Partly to Blame For My Motorcycle Accident?
If an injured motorcyclist is found to be partially responsible for their own damages, they can still recover compensation.
As a comparative negligence state, Texas courts may assign fault to each party that bears responsibility for an injury. However, state law bars plaintiffs from recovering any damages if they are 51 percent or more at fault.
For example, if the injured motorcyclist was looking at their phone or speeding at the time of the collision, a court may find them to be comparatively or partly at fault. We’ve successfully helped clients in these situations.
Even if you are partly to blame for a serious motorcycle accident, recovery may still be possible with the right legal strategy.
Contact an Austin Motorcycle Accident Attorney
DJC Law knows how devastating a motorcycle wreck can be, and how quickly the medical bills and stress pile up.
Our team of experienced motorcycle accident attorneys is battle-tested in Austin. We know how to deal with gaps in medical insurance, low settlement offers, and complex liability disputes. If the case needs to go to court, you’ll have an experienced injury trial lawyer on your side.
Our firm has achieved massive results litigating motorcycle accidents, recovering millions of dollars for injured riders. DJC Law is one of the most trusted teams in Austin because we don’t just know the law- we win.
Call our passionate team of personal injury lawyers at DJC Law today for a free case consultation and find out if we’re the right firm for you and your family.
Frequently Asked Questions
How much compensation can I recover after a motorcycle accident in Texas?
Texas law allows recovery of economic (e.g., medical expenses, lost income) and non-economic damages (e.g., pain and suffering). Severe injuries often lead to claims for future medical costs and loss of earning capacity. A skilled motorcycle accident attorney will calculate your current and future losses to pursue the maximum amount.
Can I still file a claim if I wasn’t wearing a helmet?
Texas Transportation Code § 661.003 allows riders over 21 to ride without helmets if they've completed a motorcycle operator training course and carry at least $10,000 in health insurance coverage. Not wearing a helmet may reduce damages only if the defense can prove that helmet use would have lessened the injuries—this falls under Texas’s comparative fault rules, and it’s not an automatic bar to recovery.
What if I was partially at fault for the accident?
Texas follows a modified comparative fault rule (51% rule) under Civil Practice & Remedies Code § 33.001. If the plaintiff is 51% or more at fault, they cannot recover damages. If under 51%, their award is reduced proportionally. This is standard and well-established law in Texas.
How long do I have to file a motorcycle accident lawsuit in Texas?
The statute of limitations for personal injury in Texas is two years from the date of the accident (Tex. Civ. Prac. & Rem. Code § 16.003). There are rare exceptions (e.g., delayed discovery of injuries), but two years is the general rule.
Will my Texas motorcycle accident case go to court?
Most personal injury cases in Texas are resolved through settlement. However, if the insurance company refuses to offer a fair settlement, your attorney may recommend filing a lawsuit and going to trial. At DJC Law, our trial lawyers are fully prepared to take your case to court if needed.
Who can be held responsible for a motorcycle accident?
The at-fault driver is usually liable, but in some cases, others may share responsibility, such as a trucking company, a local government (for road defects), or even a motorcycle manufacturer. A thorough investigation by your lawyer will determine who is legally responsible.
What are some causes of motorcycle accidents in Austin, TX?
Common causes of motorcycle accidents include:
- Driver inattention or failure to yield, especially during lane changes or at intersections
- Speeding, by either the motorcyclist or another driver
- Distracted driving, including texting behind the wheel
- Impaired driving, involving alcohol or drugs
- Dangerous road conditions, like potholes, loose gravel, or poor signage
- Left-turn collisions, when cars misjudge a motorcycle’s speed or distance
- Dooring accidents, when a car door opens into a rider’s path
Many of these crashes result from negligence—either by drivers, municipalities, or both.