Motorcycle Accident FAQ

Unfortunately, motorcycle accidents happen. However, it is important to remember that motorcyclist have the same rights to the road as any other driver.  More times than not, a motorcycle driver or passenger is injured by other motorist who do not share the road safely.  When a motorcycle wreck occurs, injuries can be extensive. Additionally, they can be costly as medical bills and time away from work pile up.

If you have been injured in a motorcycle wreck, we know you have questions.  In order to answer some of your questions quickly, we have developed this motorcycle accident FAQ.  However, if you have been in an accident, it is important to hire your own personal injury lawyer.  A personal lawyer can uncover every factor in the motorcycle wreck.  You need someone on your side when determining fault in an accident.   You need an attorney that will investigate the accident and build a strong case. The insurance companies will want to settle as quickly as they can. They will not want to wait to discover that you have long-term medical and disability issues. Do not agree to any settlement without talking to your own personal attorney.  If you have any questions, please contact Walker Texas Lawyer today.  He will advise you on your case.  Call today at: 713- 552-1117.

What are the motorcycle laws in Texas?

In Texas in order to operate a motorcycle you must have a valid Class M License.

Motorcycle riders and passengers in the state of Texas are required to wear a helmet that meets the Federal Motor Vehicle Safety Standard #218. However, if you are 21 years of age or older and have passed a DPS-approved Motorcycle Operator Training Course or can show proof of having at least $10,000 in medical insurance, then you are exempt from wearing a helmet.

All vehicles in the state of Texas are required to pass an annual inspection.  To learn more about Motorcycle Laws in the state of Texas, please visit our Motorcycle Laws page.

What is the most serious type of motorcycle accident?

The most serious motorcycle accidents, in which the driver or a passenger is killed, occur in crashes that involve more than one vehicle. Multi-vehicle crashes account for 55 percent of all fatal motorcycle accidents, while single vehicle accidents comprise the remaining 45 percent.  Here are more motorcycle accident statistics.

What if my accident was caused by the road?

Not every accident is caused due to the negligence of another.  A number of accidents occur due to roadways that were not maintained, unmarked hazards and improper speed or warning signs. Roads are legally required to be maintained to a certain degree of safety.  In such cases, the local government and highway department may be at fault. They are responsible for taking care of the road conditions and marking hazards or construction. If there was a failure to do this, they may be considered to be negligent.  For example, if a pothole caused your accident, we could file a claim on your behalf and hold the appropriate parties legally responsible for your injuries.

What if my accident was caused by the road?

Not every accident is caused due to the negligence of another.  A number of accidents occur due to roadways that were not maintained, unmarked hazards and improper speed or warning signs. Roads are legally required to be maintained to a certain degree of safety.  In such cases, the local government and highway department may be at fault. They are responsible for taking care of the road conditions and marking hazards or construction. If there was a failure to do this, they may be considered to be negligent.  For example, if a pothole caused your accident, we could file a claim on your behalf and hold the appropriate parties legally responsible for your injuries.

My injuries are not serious. Do I still need a Motorcycle Accident Attorney?

Even if you are not seriously injured, the counsel of an attorney can be helpful.  This is because sometimes injuries may be undetected immediately after a motorcycle wreck.  Your first step is to have a physician examine you and advise you of possible future health complications resulting from the accident.  Next talk with an experienced motorcycle accident attorney who can discuss with you your legal options. Then if a more serious injuries do occur your attorney will be able to fight for your compensation.

I was in a motorcycle accident. What do I do?

If you were in a motorcycle wreck you need to seek medical treatment as soon as possible.  If you are able to get up and talk to others, then you need to do so in a calm manner.  First call 911. Get police assistance and an ambulance if necessary.  If you do not need an ambulance immediately, then try to collect all the evidence you can:

  • Contact information and insurance information for everyone involved in the accident, as well as names and contact information from witnesses.
  • Photos of the accident scene, your motorcycle, the other vehicle, debris, skid marks and anything that shows what happened.
  • Copies of the police accident report.
  • Records and receipts from all medical treatments, including receipts for prescription or over-the-counter medications.

Report the accident to your insurance agency. Answer the questions truthfully, but do not record a statement, and never say anything to indicate you were at fault.

Make sure that you seek medical treatment.  Some injuries do not immediately appear.  A doctor can document your injuries, which can be crucial later in a legal claim.

The question always asked by people involved in an accident is “when should I contact an attorney”. The answer is as soon as you can so that your attorney can assist you in gathering all the facts and evidence to properly evaluate your case. Just as important, don’t contact just any attorney, you need to contact an attorney experienced with motorcycle accidents.  Walker Texas Lawyer is that attorney.

A defective part on my motorcycle caused my accident. What can I Do?

Not every motorcycle that is on the market is perfect.  Some motorcycles may have defective parts or have a dangerous design.  Some may be improperly put together or even used low, inferior quality materials in the assembly of the bike.  This is where a motorcycle attorney can help.  They can launch an investigation to see if you have a claim.  They can make sure that the party liable for the accident is held accountable.

What can I do if a loved one was involved in a fatal motorcycle crash?

There are steps you can take.  It’s best to speak with a personal injury lawyer right away.  They can pursue a wrongful death claim and help you pursue recovery for costs and/or potential future losses.

The insurance company for the driver that hit me says they can send me a check. Should I accept it?

No.  The primary goal of insurance companies is to settle a case quickly for a low dollar amount and move on.  They do not want cases lingering because it typically cost them more money.  Insurance companies are not in the business of paying out money, no matter how nice their claims representatives may seem. By accepting an early settlement, you will have to agree that you won’t seek additional compensation even though you may not know the full extent of your losses. If you have signed such a settlement agreement and do have future losses due to health issues or injuries resulting from the accident, you will not be able to recover the compensation for those injuries or health issues.

What can I recover in a motorcycle accident case?

In a motorcycle accident case you should receive compensation for your property damage (the motorcycle) and for any medical bills and lost wages. You might also be awarded compensation for your pain and suffering. A proper claim settlement includes money for your future losses if your injuries will keep you from returning to work or require you to take work that pays less.

What does it cost to hire a lawyer for my motorcycle accident?

With Walker Texas Lawyer you will not owe us anything until we win your case, or we enter into a settlement you are agreeable with.  Call us today for your free Case Review.