Houston Motorcycle Accident Attorney

Injured in a Motorcycle Accident Caused by Negligence in Houston, TX?

Sprawling over six hundred square miles, Houston is one of the most populated cities in the United States and has the traffic to match. Many Houston residents ride motorcycles to get around the city’s streets and avoid traffic congestion. However, motorcyclists are susceptible to severe traffic accidents. Data from the National Highway Traffic Safety Administration reveals that motorcycles are disproportionately involved in traffic accidents countrywide. The damage and injuries caused by a motorcycle accident can be costly, but filing a claim for compensation for these is well within your rights. 

Consider partnering with our Houston motorcycle accident lawyer at Hilliard Law. We can help guide you through your legal options and the claims process.

To get started on your claim, contact our Houston motorcycle accident lawyers at (866) 927-3420 for a free case evaluation.

Texas Motorcycle Laws

In Texas, motorcycle laws are designed to ensure the safety of riders, passengers, and other road users. One of the primary requirements is that all motorcycle operators must have a valid Class M license. To obtain this, individuals must first have a regular driver's license and then complete a state-approved motorcycle safety course. New riders under the age of 18 are required to complete the Basic Rider Course (BRC) before obtaining their Class M license. Texas also recognizes motorcycle endorsements from other states, allowing licensed riders from outside Texas to operate motorcycles legally.

Helmet laws in Texas are somewhat flexible. Riders under the age of 21 must wear a Department of Transportation (DOT)-approved helmet at all times. However, those 21 and older may choose not to wear a helmet if they can provide proof of completing a motorcycle safety course or if they have health insurance that covers motorcycle-related injuries. Despite this exemption, helmets are strongly encouraged as they significantly reduce the risk of head injuries in an accident.

State law also mandates specific safety equipment and operational requirements for motorcycles. All motorcycles must have functioning headlights, taillights, and turn signals, along with at least one mirror. Riders are required to keep their headlights on at all times while riding to enhance visibility. Additionally, motorcycles must have working brakes on both wheels and an exhaust system that meets state noise regulations.

Regarding passenger laws, Texas allows motorcycles to carry passengers only if the bike is designed for two people, meaning it must have a permanent passenger seat and footrests. Children under the age of five are prohibited from riding as passengers, except in a sidecar. Lane splitting, which is the practice of riding between lanes of slow-moving or stopped traffic, is illegal in Texas. However, motorcyclists are allowed to use the full lane and should not be forced to share it with another vehicle.

Motorcyclists in the state must also carry the minimum required liability insurance, which covers bodily injury and property damage in case of an accident. The state enforces strict penalties for riding without insurance, including fines, license suspension, and impoundment of the motorcycle. Additionally, all motorcycles must be registered and pass an annual safety inspection.

Losses You May Recover by Filing a Motorcycle Accident Claim

Motorcycle accidents frequently result in severe injuries that can change your life. The vehicles involved in the collision may also sustain extensive damage. These consequences are costly, and addressing them may set you back financially.

If the other motorist is at fault for the accident, you may pursue compensation for your losses. Whether you’re pursuing insurance benefits or suing them for personal injury, your case may qualify for compensation for a wide range of losses depending on the nature of your accident and the resulting consequences.

You may recover  economic and non-economic damages through your motorcycle accident claim  for losses like the following:

• Medical care, like surgical procedures and medication
• A reduced quality of life caused by your injuries
• Loss of income due to missing work due to your injuries
• A permanent disability that has reduced your employment options
• Post-traumatic stress disorder (PTSD)

As long as you can establish their validity, your damages award may completely cover both your present and future losses. As the plaintiff, you must defend the worth of your losses, whether or not there is a quantifiable cost associated with them.

At Hilliard Law, we work hard to prevent client exploitation and ensure that their claims are fairly valued. Our devoted Houston

 motorcycle accident attorneys will fight for every dollar of compensation you need following a serious accident.

Houston's Statute of Limitations for Motorcycle Accidents

Numerous motorcycle accidents result from negligence, rendering the party responsible for the accident liable for any resulting physical injuries through a personal injury claim. According to Section 16.003 of the Texas Civil Practice and Remedies Code, personal injury lawsuits in Texas have a general two-year statute of limitations.

You only have a short window of opportunity to establish your right to damages. Typically, the deadline is two years from the date of the accident or the discovery of the physical injury caused by the accident.

However, the statute of limitations can be shortened or lengthened depending on the circumstances. For instance, if the victim is a minor or the at-fault party cannot be found, you may have more time to file a motorcycle accident claim.

Challenges Motorcyclists May Encounter When Filing a Claim

Motorcyclists in Texas face several challenges when trying to recover compensation after an accident. Some of the key difficulties include:

• Bias Against Motorcyclists: Many insurance adjusters, juries, and even police officers have biases against motorcyclists, perceiving them as reckless or high-risk. This can make it harder to prove liability and secure fair compensation.
• Comparative Negligence Laws: Texas follows a modified comparative negligence rule, meaning that if a motorcyclist is found to be 51% or more at fault, they cannot recover any damages. Insurance companies often try to shift blame onto the motorcyclist to reduce or deny compensation.
• Severe Injuries Leading to High Medical Costs: Motorcyclists are more vulnerable to serious injuries (e.g., traumatic brain injuries, spinal cord damage). Insurance companies may dispute the severity of injuries or argue that they were pre-existing conditions to minimize payouts.
• Insurance Company Tactics: Insurers often delay claims, offer low settlements, or attempt to get motorcyclists to make statements that can be used against them. Without legal representation, riders may accept unfair settlements.
• Hit-and-Run or Uninsured Drivers: Many motorcycle accidents involve hit-and-run drivers or uninsured/underinsured motorists. In such cases, recovering compensation can be difficult unless the rider has UM/UIM coverage (Uninsured/Underinsured Motorist insurance).
• Difficulty in Proving Liability: Motorcycle accidents often involve complex crash dynamics, and establishing fault requires strong evidence such as traffic camera footage, accident reconstruction experts, and witness testimony. If key evidence is missing, proving negligence becomes challenging.

Should I Hire a Motorcycle Accident Lawyer in Houston for My Motorcycle Accident Case?

Filing your claim alone is typically not the best course of action. Motorcycle accidents can change your life in profound ways, so it is of the utmost importance that your claim succeeds in securing you fair compensation. There are many benefits to hiring an experienced motorcycle accident attorney.

Hiring a Houston motorcycle accident lawyer for your case has the following advantages:

• Knowledge of personal injury law will contribute to the success of your claim.
• Negotiating skills may increase your chances of receiving a fair settlement from your insurance provider or personal injury claim.
• Representing you against insurance companies’ attempts to deny or undervalue your claim.
• Granting access to experts who can defend the validity and provide evidence in favor of your case.

You need time to focus on recovering from your wounds, which could be quite serious. The added stress of filing a claim on your own could prolong the healing process. Retaining a Houston motorcycle accident attorney could ease your burdens so you can concentrate on getting better.

Call (866) 927-3420 or use our contact form to set up your no-obligation consultation.