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.

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're 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, it's important to note that 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.

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
• People turn 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 Accidents

Proving negligence typically involves establishing four key elements:

• Duty of Care: The first step in proving negligence is indicating 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 evade 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 like 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. As motorcyclists and motorcycle passengers are exposed, injuries can be truly devastating. 

Some of the most common motorcycle accident injuries include: