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If a careless driver hits you on your motorcycle, Texas law may let you pursue compensation. You may be in pain, missing work, and unsure what to say when an insurance adjuster calls. Some people may even suggest that riders bring these crashes on themselves, but that assumption proves nothing about who caused yours.
If you need a Texas motorcycle accident lawyer, The Texas Chongo Personal Injury Lawyers can gather evidence, handle insurance companies, and build your claim while you focus on recovery. Call (972) 529-3476 for a free case evaluation in English or Spanish.
Motorcycle claims often involve disputed fault and serious injuries, so trial experience matters. Our founding attorney's credentials include:
From our Irving office, we represent injured riders, passengers, and families throughout Texas. Our team builds each claim with trial in mind, from the first evidence request to the final negotiation. Past results do not guarantee a similar outcome in your case.
According to the 2025 Texas Motor Vehicle Traffic Crash Facts, 559 of the 3,769 people killed on Texas roads in 2025 were motorcyclists. That is nearly 15 percent of all traffic deaths in the state.
TxDOT's 2025 motorcyclist injury and helmet use report shows the wider toll:
Deaths fell from the 585 motorcyclists killed in 2024, according to TxDOT's 2024 crash facts. Even so, each number represents a person whose health, family, and income changed in a single moment.
Your case's value depends on your facts, not on a statewide average. Key factors include:
A serious injury can cost far more than the at-fault driver's policy will pay. Under Section 1952.103 of the Texas Insurance Code, a vehicle is underinsured when its liability limits are lower than the underinsured motorist limit on your own policy. The same is true when payments on other claims from the same crash have reduced its limits below that amount.
Section 1952.106 requires underinsured motorist coverage to pay what you are legally entitled to recover from the underinsured driver, up to your policy limit. That payment is reduced by the amount you recover or can recover from the driver's insurer.
Depending on the facts, a motorcycle claim may include compensation for both financial and personal losses.
Economic damages cover losses with a dollar amount attached, such as:
Non-economic damages cover harm that does not come with a receipt, such as:
You may still recover damages even if the other side says you share the blame. An adjuster's opinion is not a legal finding of fault.
Under Section 33.001 of the Texas Civil Practice and Remedies Code, an injured person cannot recover damages if their percentage of responsibility is greater than 50 percent. If your share is 50 percent or less, Section 33.012 reduces your damages by that percentage. For example, a rider assigned 20 percent of the responsibility would have the damages reduced by 20 percent.
Under Section 33.011, a percentage of responsibility reflects conduct that caused or contributed to cause the harm "in any way." Because that definition is broad, insurers may look closely at a rider's gear, speed, and lane position.
Section 661.003 of the Texas Transportation Code requires motorcycle operators and passengers on public streets and highways to wear protective headgear that meets state safety standards. Riders age 21 or older are exempt if they have completed a motorcycle operator training and safety course or have health insurance that covers motorcycle collision injuries. Police may not stop a rider just to check course completion or insurance, and a violation carries a $10 to $50 fine.
Even when a helmet wasn't required, an insurer may argue that riding without one worsened a head injury. A helmet cannot stop a driver from turning into your path, though. TxDOT's 2025 data shows that 359 of the 559 motorcyclists killed that year were wearing helmets.
Section 545.060 of the Texas Transportation Code requires every operator on a road divided into two or more clearly marked lanes to stay as nearly as practical entirely within a single lane. Operators may move out of the lane only when they can do so safely. The section has no exception for motorcycles, so an insurer may use lane splitting to argue that you share the blame.
Shared fault may reduce your damages rather than end your claim.
Evidence in a motorcycle case can fade quickly, and insurance companies often begin their own investigations soon after a crash. Our team typically:
We explain each step in English or Spanish, so you know where your case stands.
TxDOT's motorcycle safety campaign reports that more than half of fatal motorcycle crashes result from collisions with other vehicles. The campaign also notes that 37 percent of motorcycle fatalities happen at a roadway intersection.
A 2025 TxDOT safety release adds that drivers struggle to judge a motorcycle's speed and distance, especially during turns. It also warns that downshifting riders can slow without activating brake lights.
Common causes of Texas motorcycle crashes include:
In general, proving negligence comes down to a few questions:
Photos, video, witness statements, medical records, crash reconstruction, and data stored in the other vehicle can help answer those questions.
Section 547.615 of the Texas Transportation Code defines a recording device as a manufacturer-installed feature that can record crash data such as speed, direction, steering, and whether the brakes were applied before a collision. Only in limited situations can someone other than the vehicle's owner retrieve that data, such as under a court order or with the owner's consent. Acting early gives your legal team a chance to request it before the vehicle is repaired or sold.
In most motorcycle injury cases, you have 2 years to file. Section 16.003 of the Texas Civil Practice and Remedies Code requires a personal injury lawsuit to be filed no later than 2 years after the day the cause of action accrues. For a death claim, the 2-year period starts on the date of death.
Some situations involve different deadlines or notice rules, and evidence can disappear long before any deadline arrives. Calling early helps protect your options.
No reliable statewide figure exists because settlements reflect each rider's injuries, evidence, fault, and insurance. We can discuss a realistic range after reviewing your records and coverage.
If you were seriously hurt, a motorcycle accident lawyer in Texas can protect your claim while you focus on treatment. Early legal help can also preserve evidence before it disappears.
Passengers may also pursue compensation, and we review every driver who may share responsibility, including the motorcycle operator. Section 545.416 of the Texas Transportation Code allows a passenger only when the motorcycle is designed to carry more than one person and has footrests and handholds for the passenger. It also bars carrying a passenger younger than five, except in a sidecar.
Your own uninsured motorist coverage may help. Under Section 1952.101 of the Texas Insurance Code, this coverage protects insured people who are legally entitled to recover from uninsured or underinsured drivers. The coverage applies unless a named insured rejected it in writing.
Section 71.002 of the Texas Civil Practice and Remedies Code allows an action for actual damages when an injury causes a person's death. A person is liable when the injury results from that person's, or their agent's or employee's, wrongful act, neglect, carelessness, unskillfulness, or default. We can explain who may bring the claim.
We handle motorcycle cases on a contingency fee basis, so you pay attorney fees only from any recovery, not out of pocket upfront. You may be responsible for case expenses, as explained in your written agreement.
You should not have to face an insurance company alone while you are trying to heal. The Texas Chongo Personal Injury Lawyers, led by board-certified trial attorney David Sanchez, represent injured riders and families across Texas.
Call (972) 529-3476 to talk with a Texas motorcycle accident lawyer about your options in English or Spanish. We accept new inquiries 24 hours a day, seven days a week.
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