Motorcycle Accident Claims in Texas

Motorcycle crashes often have serious consequences, including significant injuries (or fatalities), totaled bikes, mounting medical bills, lost income, and emotional trauma. If you or a loved one has been involved in a motorcycle collision due to someone else’s negligence, it’s important to understand the legal journey that can follow. Knowing the steps, deadlines, and pitfalls in the process will help you protect your rights and make informed decisions about seeking compensation. For advice and representation tailored to your specific situation, contact Gilbert Adams Law Offices in Beaumont to speak with an experienced and dedicated Texas motorcycle accident lawyer.

1. Immediate After-Crash Actions

The legal process for a motorcycle claim begins immediately at the scene, and what is done or not done in the coming days following the collision can affect the amount of your recovery. While your primary focus is on addressing your injuries and getting medical attention, certain actions early on can significantly impact your legal claim. First, call 911 or ensure law enforcement responds when the crash involves injuries, death, or significant property damage. Under Texas law, accidents involving injury or substantial damage must be reported. You’ll want a police or crash report as a foundational piece of evidence.

If you are able while at the scene, document with photographs everything you see: your bike, other vehicle(s), skid marks, road conditions, damage to your bike, your injuries, your helmet, and scene photos. If there are eyewitnesses, take time to record their full name, address and telephone number.

Next, get prompt medical care, even when you are thankfully able to walk away from the accident. Some injuries, especially in motorcycle crashes, may be hidden or delayed in onset (such as internal injuries, concussion, or spinal injuries), and it’s important to be thoroughly evaluated by a medical professional. Oftentimes, victims can appreciate the parts of the body injured, but the extent of injury cannot be properly understood without adequate diagnostic testing, rarely performed in an emergency room. In addition, a documented medical record linking your condition to the crash helps establish causation.

As soon as practical, contact an experienced motorcycle accident attorney. The earlier a lawyer becomes involved, the better they can secure evidence, including perhaps the “black box” of the at-fault vehicle, and guard against mistakes or low-ball or inadequate offers from insurance companies.

2. Investigating Fault and Liability

Texas is an “at-fault” state when it comes to vehicle collisions. This means the driver (or other party) responsible for causing the crash is legally responsible for the resulting damages. In motorcycle collisions, determining fault can be more complicated than it looks. Insurance companies may point to the motorcyclist’s conduct, protective gear, helmet use, road visibility, or expected rider behavior. The legal framework recognizes these issues under a comparative fault system.

Under the comparative fault rule in Texas, if you as a motorcyclist are found to share fault—say your fault is assigned at 20 percent—the amount of your compensation will be reduced accordingly. However, if your share of fault is found to be 51 percent or more, you will be barred from recovery altogether. Therefore, establishing the at-fault party’s conduct (e.g., distracted driving, failure to yield, speeding, defective road or equipment) is crucial, and so is minimizing any percentage of fault attributed to you.

Your attorney will investigate crash reports, witness statements, vehicle and bike damage, helmet or lack of helmet, surveillance or traffic camera footage, road and weather conditions, any potential mechanical defect in the motorcycle, and the other driver’s insurance coverage. This investigation builds the foundation of liability and helps quantify your case’s value.

3. Quantifying Your Damages

Once liability is established (or at least strongly supported), the next major stage is determining those categories of damages you are eligible to recover, as well as the amount of those damages. In Texas motorcycle accident claims, you can seek both economic and non-economic damages. Economic damages include your past and future medical expenses, costs of rehabilitation, physical therapy, assistive devices, lost wages, diminished or reduced earning capacity, and property damage (your motorcycle or other property, including loss of use damages). Non-economic damages include pain and suffering, mental anguish, loss of enjoyment of life, disfigurement, and/or physical impairment.

Since collisions involving motorcycles can present a greater risk of serious injury, the future costs are often large and complex, possibly requiring lifelong care, modification of home or vehicle, vocational retraining, and therapy for mental or psychological impacts. Your attorney will work with medical experts, vocational experts, and life-care planners to quantify these losses and present a complete picture of damages.

Insurance companies will want to reduce your claim value by challenging the severity of injuries, the relationship between the crash and the injuries, or your own actions post-crash. So documentation becomes key: medical records, bills, proof of lost income, repair or replacement estimates for your bike, photographs of your injuries, and testimony (medical and lay). Your representation can help you resist premature settlement pressure and ensure your recovery (financial and physical) is supported.

4. Negotiation with Insurance and Settlement Discussions

If the case has been adequately prepared, a majority of motorcycle collision claims settle before going to trial, through negotiation and settlement with the at-fault party’s insurance company. Once your attorney builds a case, they will open talks with the insurer, presenting evidence of fault and damages, responding to the insurer’s liability and coverage arguments, and ultimately demanding fair compensation.

Insurance companies may move quickly with offers, but early offers are often low. The timing of negotiation matters; you want to wait until you’ve reached a medical plateau, or at least have a clear understanding of your future care needs, before accepting a settlement. Settling too early may mean you lose the ability to seek more later if your condition worsens.

During negotiation, your attorney will often handle communications with the insurer, submit demand letters, advise you on counteroffers, and push for a fair closure. A good settlement avoids the delay, expense, and risk of trial, but only if it fully compensates you. If the insurer refuses a fair offer, your attorney may prepare to file a lawsuit.

5. Filing a Lawsuit and the Litigation Stage

If settlement negotiations are not successful, filing a lawsuit becomes the next step. In Texas, you generally have two years from the date of the motorcycle collision to file a personal injury lawsuit. If the claim is against a governmental entity (for example, a defectively maintained public road), you may have much shorter deadlines, including as little as thirty (30) days to present statutory required notice letters. Missing the filing deadline (statute of limitations) means that your claim is barred, regardless of its merit.

After the lawsuit is filed, formal discovery occurs where attorneys have the ability to issue process such as subpoenas to preserve testimony, documents and records. Pre-trial proceedings include discovery (exchange of documents, depositions of you, witnesses, and experts), expert testimony, motion practice, and, thereafter, a jury trial. Litigation can take months or longer, depending on case complexity, the size of the claim, the number of parties, and court scheduling.

During litigation you’ll want to continue caring for your health, following your treatment plans, and avoiding social media posts that could be argued to undercut your case. Your attorney will keep you updated, help you prepare for depositions, evaluate offers to settle even during litigation, and ultimately seek trial if needed. Trial brings more risk and expense but also signals to insurers your willingness to take your case all the way to Final Judgment.

6. Resolution and Compensation

If you reach a settlement or win a recovery after a trial, the compensation you receive will reflect your damages minus any percentage of fault attributed to you by the Jury.

Once the settlement or judgment is final, you’ll enter the process of closing your claim, which involves receiving payment, applying it to your medical bills, choosing how to invest or use funds to support your ongoing care and recovery, and moving forward.

7. Unique Considerations for Motorcyclists in Texas

Motorcycle riders face distinct legal issues compared to drivers of cars. For one thing, insurers often respond with more skepticism. They may argue that motorcyclists are more at fault, failed to wear protective gear (even when not strictly required by law), or misused the motorcycle. Texas law allows riders to ride without a helmet if they’re 21 or older and meet certain insurance and training requirements, but insurers can still use the lack of a helmet or protective gear as a fault argument in negotiation. Because of this, documentation of safe riding habits, gear used, and the crash scene becomes even more important.

Another consideration is that Texas minimum insurance requirements for motorcyclists and other vehicles are only $30,000 per person for bodily injury, $60,000 per accident, and $25,000 for property damage. These minimums may be inadequate for serious motorcycle injuries, so your attorney will often look for additional coverage, such as underinsured/uninsured motorist (UM/UIM) coverage or higher limits. If the at-fault driver is uninsured or underinsured, you may be eligible to turn to your own policy.

8. Timing and Deadlines

As mentioned, you typically have two years from the crash date to file a lawsuit. Within the insurance claim, prompt notification is also critical: you should report the accident to your insurer and the other driver’s insurer (if appropriate) as soon as possible. Delays can invite an insurer to argue that you forfeited rights or allowed evidence to be lost or degraded. Also, if you’re dealing with a government actor (for example, a city or state entity whose negligence contributed to the crash), the notice and filing deadlines can be much shorter.

9. Working With an Attorney: What to Ask and Expect

Choosing a capable personal injury lawyer who understands motorcycle-specific wrecks in Texas is essential. You’ll want someone who:

• Has experience with motorcycle accident claims and knows how insurance companies approach them.
• Understands the added risks and unique dynamics of motorcycle cases (visibility issues, protective gear arguments, biker culture stereotypes).
• Keeps you informed, explains strategies in plain language, and treats you as more than just a file number.
• Is ready to take your case to court if necessary, and prepares it from the start with trial readiness in mind.

Contact Gilbert Adams Law Offices After a Motorcycle Accident in Texas

The legal process for motorcycle accident claims in Texas involves several interlocking steps: immediate post-crash actions, investigation and evidence gathering, establishing liability and damages, negotiation, possible litigation, and final resolution. For motorcyclists in Southeast Texas and statewide, the stakes are high, both in terms of recovery and justice. Acting quickly, building strong documentation, choosing experienced legal representation, and navigating the comparative fault rules are all vital.

If you’ve been injured in a motorcycle accident, the team at Gilbert Adams Law Offices is here to guide you through every stage of the claim. We offer a free consultation, attentive advocacy, and the drive to secure full compensation while you focus on healing and getting back to what matters most. Contact us today for more information or immediate assistance.