May brings Motorcycle Safety Awareness Month to our attention each year. This month highlights the need for all road users to share the road safely with motorcyclists. Riders face unique risks on Texas roads. The Texas Department of Transportation reported that in 2023, motorcycle accidents killed 599 riders and seriously injured more than 2,400 people. In 2024, this troubling trend continues with motorcycle fatalities rising by 7% compared to previous years. These numbers show why safety awareness matters.
If you ride a motorcycle, you need to know your legal rights after an accident. This knowledge protects you when the unexpected happens. This post covers the most important information for Texas riders, from common accident causes to insurance considerations.
Who Is at Fault in Most Motorcycle Accidents?
Many people assume motorcyclists cause most crashes. Data tells a different story. The National Highway Traffic Safety Administration (NHTSA) found that the other driver violates the motorcyclist’s right of way in most collisions between motorcycles and other vehicles.
The main reasons other drivers cause motorcycle accidents include:
- Failure to see motorcycles: Bikes have a smaller profile than cars.
- Misjudging distance: Drivers often cannot accurately judge how close motorcycles are.
- Blind spot issues: Motorcycles easily disappear in vehicle blind spots.
- Distracted driving: Phone use and other distractions prevent drivers from noticing motorcycles.
- Left turns at intersections: When cars turn left in front of oncoming motorcycles, this remains one of the most common crash scenarios.
In Dallas-Fort Worth, specifically, high-speed freeways and congested traffic create additional risks. Due to heavy traffic and lane-changing incidents, Interstate 35 and Highway 75 see frequent motorcycle crashes.
Legal Rights as a Motorcycle Passenger
Motorcycle passengers have strong legal options after an accident. As a passenger, you did not control the vehicle, which means you likely bear no fault for the crash. You can pursue claims against multiple parties, including:
- The motorcyclist, if they caused the accident
- Other vehicle drivers involved in the crash
- Product manufacturers, if defective parts contributed
- Government entities are responsible for unsafe road conditions
Texas motorcycle laws require:
- Riders must hold a Class M license
- Passengers must be at least five years old
- Riders under 21 must wear helmets
- Motorcycles must have permanent passenger seats
Texas Helmet Laws and Your Legal Rights
Texas does not require all motorcyclists to wear helmets. Riders 21 and older can legally ride without helmets if they:
- Complete an approved motorcycle safety course, or
- Carry medical insurance that covers motorcycle accidents
How does not wearing a helmet affect your motorcycle accident claim? This question comes up often. Insurance companies may argue that you contributed to your injuries by not wearing a helmet. This can affect your compensation through “comparative negligence.”
Texas follows a modified comparative negligence rule. This means you can recover damages if you are less than 51% responsible for your injuries. However, your compensation decreases by your percentage of fault. For example, if you have $100,000 in damages but are found 20% at fault for not wearing a helmet, you would receive $80,000.
Common Motorcycle Accident Injuries
Motorcycle accidents often cause severe injuries due to limited protection. These injuries include:
- Head trauma and brain injuries
- Spinal cord damage
- Broken bones, especially in the legs and arms
- Road rash and skin abrasions
- Internal injuries
Medical costs for these injuries add up quickly. The average motorcycle accident victim faces bills for emergency care, surgeries, rehabilitation, and ongoing treatment. This financial burden makes legal representation crucial.
What Is the Average Settlement for a Motorcycle Accident in Texas?
Settlement amounts vary widely based on several factors. No “average” settlement applies to all cases. Factors that influence settlement amounts include:
- Severity of injuries
- Total medical expenses
- Lost wages and future earning capacity
- Pain and suffering
- Property damage
- Insurance policy limits
- Degree of fault
Settlements for minor injuries might range from $10,000 to $25,000. Serious injuries resulting in long-term disability often settle for $100,000 to over $1 million. Catastrophic injuries or wrongful death cases can result in multimillion-dollar settlements.
Remember that each case is unique. A qualified motorcycle accident attorney can give you a more accurate estimate based on your specific situation.
Do I Need a Lawyer for a Minor Motorcycle Accident?
This question depends on several factors. Consider hiring a lawyer if:
- You sustained any injuries, even minor ones
- Insurance companies dispute liability
- You missed work due to the accident
- The other driver was uninsured or underinsured
- Multiple parties were involved
Even “minor” accidents can lead to injuries that worsen over time. Soft tissue damage, concussions, and internal injuries may not show symptoms immediately. A lawyer helps protect your rights if complications develop later.
Insurance companies often make quick, low settlement offers after accidents. These offers rarely cover long-term medical needs. An attorney knows how to calculate fair compensation for all your damages, including future expenses.
Most motorcycle accident attorneys work on contingency fees. This means they receive payment only if you win your case. This arrangement makes legal representation accessible regardless of your financial situation.
Insurance Considerations for Texas Motorcyclists
Texas insurance requirements differ for motorcycles and cars. Motorcycle riders must carry minimum liability coverage of:
- $30,000 per injured person
- $60,000 total for all injuries per accident
- $25,000 for property damage
These minimums often prove insufficient after serious accidents. Smart riders carry higher liability limits and additional coverage:
- Uninsured/underinsured motorist coverage: Protects you when the at-fault driver lacks adequate insurance.
- Personal injury protection (PIP): Covers medical expenses regardless of fault.
- Comprehensive and collision coverage: Pays for motorcycle repairs or replacement.
- Medical payments coverage: Helps with medical bills for you and your passenger.
Insurance companies sometimes treat motorcyclists unfairly. They may delay claims, offer low settlements, or wrongly assign blame. An experienced motorcycle accident attorney can counter these tactics.
Steps to Take After a Motorcycle Accident
What you do immediately after an accident affects your ability to recover compensation. Follow these steps:
- Seek medical attention: Your health comes first. Get treatment even for seemingly minor injuries.
- Report the accident: Call the police to document the scene and create an official report.
- Gather evidence: Take photos of vehicles, the accident scene, and your injuries. Collect contact information from witnesses.
- Do not discuss fault: Avoid making statements about who caused the accident. Do not apologize, as this may be seen as admitting fault.
- Notify your insurance company: Report the accident but provide only basic facts.
- Consult an attorney: Talk to a motorcycle accident lawyer before giving statements to insurance adjusters or accepting settlements.
- Document everything: Keep records of medical treatments, expenses, and how injuries affect your daily life.
- Follow medical advice: Attend all appointments and follow treatment plans. This shows you’re serious about recovery.
How DFW Legal Can Help
After a motorcycle accident, you need a legal team that understands motorcycle laws and riders’ unique challenges. DFW Legal represents motorcyclists throughout the Dallas-Fort Worth area. We focus on:
- Investigating accident causes
- Identifying all liable parties
- Calculating full and fair compensation
- Handling insurance negotiations
- Building strong cases for trial when necessary
- Protecting your rights every step of the way
Our attorneys know how insurance companies work to minimize payments to injured motorcyclists. We counter these tactics with thorough preparation and aggressive advocacy.
Conclusion: Ride Safe, Know Your Rights
Motorcycle Safety Awareness Month reminds us that safety requires effort from all road users. Drivers must watch for motorcycles and share the road responsibly. Riders must practice defensive driving and wear proper safety gear.
If you are involved in a motorcycle accident, remember that you have legal rights. The right attorney can help protect these rights and secure fair compensation.
For a free consultation about your motorcycle accident case, contact DFW Legal today. Our team stands ready to help you navigate the legal process and focus on recovery.
This blog provides general information only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.