Austin Motorcycle Accident Attorneys

What Are the Motorcycle Laws in Texas?

Before you get on a motorcycle in Texas, it is essential that you understand our state’s laws. Motorcyclists have every right to use the road, but they also have legal responsibilities to protect themselves and others from harm. Here are three key things to know about the motorcycle laws in Texas:

• Licensing requirement: As explained by the Texas Department of Public Safety, a rider must obtain a Class M driver’s license to operate a motorcycle on public roads in our state.
• Lane-splitting: Motorcycle lane-splitting is not permitted in Texas. A rider cannot navigate in between lanes of traffic, even if that traffic is stopped or moving very slowly.

Beyond these core rules, riders in Austin also need to pay attention to local traffic ordinances and how they are enforced on busy corridors. Obeying posted speed limits, using turn signals, and riding defensively can reduce the risk of a serious collision, but it does not eliminate the duty that other drivers have to share the road safely. When another road user violates Texas traffic laws and causes a crash, that violation can become an important part of proving fault in your motorcycle injury claim.

Texas Motorcycle Helmet Law

In Texas, motorcycle riders and passengers who are younger than 21 years old are required by law to wear a helmet that meets the safety standards set by the Texas Department of Public Safety. However, riders who are 21 years old or older are not legally required to wear a helmet if they have completed a motorcycle safety course or possess health insurance that covers motorcycle accidents.

This means that if you are 21 or older and have completed an approved safety course or have sufficient health insurance coverage, you have the option to ride without a helmet. However, even if you meet these requirements, wearing a helmet is still highly advisable for safety reasons.

The helmet must be specifically designed for motorcycle use and must meet the safety standards set by the Texas Department of Public Safety (DPS). These standards typically include regulations such as the helmet's construction, impact absorption capabilities, and retention system (chin strap).

Helmets sold in Texas must be certified by the manufacturer to meet the standards set by the Department of Transportation (DOT). Look for a DOT sticker or label on the helmet, indicating that it meets these safety standards.

Helmet use can also play a role in how insurance companies and defense lawyers evaluate an Austin crash claim. Even when the law allows you to ride without a helmet, an insurer may still try to argue that the lack of a helmet contributed to the severity of a head injury. Working with a motorcycle accident attorney who understands Texas helmet laws and how they interact with comparative fault rules can help protect your right to fair compensation.

Common Causes of Motorcycle Accidents

Some of the things that separate motorcycle accidents from other types of motor vehicle collisions are the unique causes of these crashes. Some of the most common causes of motorcycle wrecks in Texas include:

• Speeding
• Unsafe lane changes by drivers
• Drivers turning left directly into an oncoming motorcycle
• Following a motorcycle too closely
• Distracted driving
• Intoxicated driving

Every motorcycle accident requires a comprehensive investigation to determine exactly what happened and why it happened. Too often, motorcycle crashes occur because other drivers simply fail to notice and respect bikes. Our Austin, TX motorcycle lawyers will take immediate action to investigate your crash, gathering all the evidence and information needed to prove fault.

How to Prove Negligence For a Motorcycle Accident

Proving negligence typically involves establishing four key elements:

• Duty of care: The first step in proving negligence is showing that the other party owed you a duty of care. All drivers have a legal duty to drive their vehicles safely and responsibly, taking care to avoid causing harm to others, including motorcyclists.
• Breach of duty: After establishing the duty of care, it must be shown that the at-fault party breached this duty. A breach of duty often occurs when a driver fails to act in a manner that a reasonable person would under similar circumstances. Common examples of a breach in motorcycle accident cases include speeding, distracted driving, running red lights, failing to yield, or driving under the influence.
• Causation: Next, it must be proven that the at-fault party's breach of duty directly caused the accident and your injuries. This step is crucial because the defendant may argue that something else caused the crash or that your injuries were not directly connected. Evidence such as witness testimony, accident reports, and expert opinions can help establish causation.
• Damages: Lastly, you will need to establish that the accident resulted in measurable damages to recover compensation. Damages include physical injuries, medical expenses, lost wages, pain and suffering, and property damage. Documentation of your injuries, medical records, and repair estimates for your motorcycle are essential pieces of evidence.

Common Types of Motorcycle Accident Injuries

Motorcycle crashes are one of the most dangerous types of motor vehicle accidents. According to the Centers for Disease Control and Prevention (CDC), approximately 80% of motorcycle accidents result in injuries to riders. Because motorcyclists and motorcycle passengers are exposed, injuries can be truly devastating. 

Some of the most common motorcycle accident injuries include:

Frequently Asked Questions

What Should I Do Right After an Austin Motorcycle Accident?

After a crash, move to a safe location if you can, call 911, and request medical help so your injuries are evaluated and documented. Try to gather contact information for witnesses, take photos of the scene, and note landmarks such as nearby intersections or businesses along roads like Lamar Boulevard or Riverside Drive. Avoid discussing fault at the scene, and notify your insurance company without giving detailed statements about how the wreck happened until you have spoken with a lawyer. These early actions can create important evidence that supports your later injury claim.

Will Not Wearing a Helmet Prevent Me From Recovering Compensation?

Riders in Texas who are 21 or older and meet certain requirements are not always required to wear a helmet, and failing to do so does not automatically bar a claim. However, insurance companies may argue that the absence of a helmet contributed to the severity of head or facial injuries. In that situation, a court might consider whether your own choices played a role when assigning percentages of fault. An attorney can work with your doctors and other professionals to show how the primary cause of the crash was another driver’s conduct, not simply your lack of protective gear.

How Long Does a Motorcycle Accident Claim Usually Take?

The timeline for a claim can vary depending on the complexity of the crash, the severity of your injuries, and how quickly you complete medical treatment. Some cases resolve in a matter of months once medical records and bills from local providers in the Austin area are collected and submitted to the insurer. Claims involving disputed liability, permanent injuries, or litigation in Travis County courts can take longer, sometimes more than a year. Understanding this range at the outset can help you plan financially and emotionally for the process ahead.

What Is the Statute of Limitations For Motorcycle Accident Claims in Texas?

In Texas, the statute of limitations for motorcycle accident claims is generally two years from the accident date. This means you have two years to file a lawsuit seeking compensation for injuries, property damage, and other losses. Failing to file within this timeframe could result in losing your right to pursue legal action.

Certain circumstances can affect the statute of limitations. For example, if the motorcycle accident resulted in the death of a loved one, a wrongful death claim must also be filed within two years from the date of death. In some cases, exceptions may apply, such as when the injured party is a minor or the defendant cannot be located. Consulting with our experienced motorcycle accident attorneys in Austin as soon as possible after an accident can help ensure that crucial deadlines are met and your rights are protected.

Because many Austin crashes involve multiple vehicles, commercial insurers, or even government entities, it can be difficult to know which deadlines apply without legal guidance. Claims involving a city, county, or state agency may require formal notice well before the normal two-year period expires. When you sit down with a motorcycle accident attorney, we can review the facts of your wreck, identify any special timing rules, and create a plan to move your case forward before your window to take action closes.

Contact Our Austin Motorcycle Accident Attorneys Today

At National Trial Law, our personal injury lawyers are committed to providing injured motorcyclists with the legal representation they deserve. We will work tirelessly to understand all aspects of your particular case and fight on behalf of your rights.

Contact our Austin motorcycle accident lawyers today by calling (833) 913-1885 for an evaluation of your accident.