Austin Motorcycle Accident FAQ: Your Motorcycle Crash Questions Answered by RRK Law
Injured in a motorcycle accident in Austin or on I-35? Motorcycle crashes often result in catastrophic injuries and face unique legal challenges. Below are answers to critical questions about motorcycle accidents, Texas helmet laws, insurance claims, and your rights as a rider.
Why are motorcycle accidents so dangerous?
Motorcycle accidents are far more dangerous than car accidents due to the lack of protective barriers around the rider. Motorcyclists have no airbags, seatbelts, or metal frame to absorb impact forces. Per mile traveled, motorcyclists are 28 times more likely to die in a crash than car occupants.
Even at low speeds, motorcycle accidents frequently result in serious injuries including:
- Traumatic brain injuries
- Spinal cord damage
- Road rash
- Broken bones
- Internal injuries
The higher center of gravity and two-wheel design also makes motorcycles more susceptible to losing control from road hazards, weather conditions, or driver error.
What are the most common causes of motorcycle accidents in Austin?
Common causes of motorcycle accidents in Austin include:
- Left-turn collisions: Drivers failing to yield to oncoming motorcycles when turning left
- Lane-change accidents: Drivers not checking blind spots before merging
- Rear-end collisions: Following too closely or distracted driving
- Speeding and reckless driving
- Drunk driving by either the motorcyclist or other drivers
- Road hazards (potholes, gravel, debris) more dangerous for motorcycles
- Dooring accidents (car doors opening into motorcycle's path)
- Distracted driving (texting, phone use)
- Unsafe lane splitting or filtering
- Driver failure to see motorcycles due to size
The most common excuse from at-fault drivers: "I didn't see the motorcycle."
Does Texas have a motorcycle helmet law?
Texas has a partial helmet law. Riders 21 and older are exempt from wearing a helmet if they have:
- Completed a motorcycle safety course, OR
- Health insurance that covers injuries from a motorcycle accident
Riders under 21 must always wear a helmet.
However, not wearing a helmet when not legally required cannot be used as evidence of negligence in a civil lawsuit. Even if you weren't wearing a helmet, you can still pursue a personal injury claim if another driver caused the accident.
That said, wearing a helmet dramatically reduces the risk of death (37% effective) and traumatic brain injury.
Will not wearing a helmet hurt my motorcycle accident case?
In Texas, failure to wear a helmet when not legally required cannot be admitted as evidence of negligence or used to reduce your damages under the law.
However, if you suffered a head injury and weren't wearing a helmet, the defense may argue your injuries would have been less severe with a helmet, potentially reducing your compensation.
If you were legally required to wear a helmet (under age 21 and not meeting exemptions) and didn't, this could be used to argue comparative negligence.
The best approach: Always wear a helmet regardless of legal requirements—it protects you physically and strengthens your legal case if an accident occurs.
How much is a motorcycle accident case worth in Texas?
Motorcycle accident settlements in Texas typically range from $50,000 to over $1 million, depending on severity:
- Minor injuries: $15,000-$50,000 (soft tissue damage)
- Moderate injuries: $100,000-$300,000 (requiring surgery and rehabilitation)
- Catastrophic injuries: $500,000 to several million (TBI, spinal cord damage, amputations)
Factors affecting value include: medical expenses (past and future), lost wages and earning capacity, degree of permanent impairment or disfigurement, pain and suffering, quality of life impact, fault percentage, and available insurance coverage.
Motorcycle injuries tend to be more severe than car accident injuries, often justifying higher settlements.
What should I do after a motorcycle accident in Austin?
After a motorcycle accident in Austin:
- Seek immediate medical attention even if you feel okay—adrenaline masks pain
- Call police and ensure an accident report is filed
- Document the scene with photos/videos of vehicles, road conditions, skid marks, and your injuries
- Get contact and insurance information from all drivers
- Obtain witness contact information
- Do NOT apologize or admit fault—anything you say can be used against you
- Keep all damaged riding gear and clothing as evidence
- Follow all medical treatment recommendations and keep records
- Notify your insurance company but provide only basic facts
- Contact an experienced motorcycle accident attorney before giving recorded statements
How long do I have to file a motorcycle accident claim in Texas?
Texas law imposes a two-year statute of limitations for personal injury claims from motorcycle accidents. For wrongful death claims, surviving family members have two years from the date of death.
Missing this deadline means losing your right to compensation permanently.
However, don't wait—contact an attorney immediately after your accident. Evidence deteriorates, witnesses become harder to locate, and insurance companies become less cooperative over time. The sooner you hire an attorney, the stronger your case will be.
What if the driver who hit me claims they didn't see me?
"I didn't see the motorcycle" is the most common excuse from at-fault drivers, but it's not a valid legal defense. All drivers have a duty to look for and yield to motorcycles just as they would for cars.
Failure to see a motorcycle is evidence of negligence, not an excuse. Drivers must:
- Check blind spots before changing lanes
- Yield to oncoming traffic (including motorcycles) before turning left
- Maintain proper lookout for all vehicles
- Avoid distractions like phones
- Take extra care in conditions where motorcycles may be harder to see
Your attorney will prove the driver's failure to see you was due to inattention, distraction, or failure to maintain proper lookout—all forms of negligence that make them liable for your injuries.
What are common injuries in motorcycle accidents?
Common motorcycle accident injuries include:
- Traumatic brain injuries (even with helmets, severe impacts can cause TBI)
- Spinal cord injuries and paralysis
- Road rash and severe skin abrasions requiring skin grafts
- Broken bones (arms, legs, pelvis, ribs, collarbone)
- Internal injuries and organ damage
- Soft tissue injuries (sprains, tears, herniated discs)
- Facial injuries and dental damage
- Shoulder and joint injuries (often requiring surgery)
- Burns from contact with hot engine parts or road friction
- Amputations in severe crashes
Many motorcycle accident victims face permanent disabilities, chronic pain, extensive scarring, and inability to return to their previous occupation. These life-altering injuries justify substantial compensation.
Can I still recover damages if I was lane splitting?
Lane splitting (riding between lanes of slow or stopped traffic) is not explicitly legal or illegal in Texas—it exists in a legal gray area.
If you were lane splitting and another driver caused an accident by suddenly changing lanes or opening a door, you can still recover damages under Texas's comparative negligence rule as long as you're 50% or less at fault.
However, the defense will likely argue you were partially at fault for lane splitting unsafely. Your compensation will be reduced by your percentage of fault. An experienced motorcycle accident attorney can argue that the other driver's negligent lane change or failure to check mirrors was the primary cause, minimizing your assigned fault and maximizing your recovery.
What if the driver has minimal insurance or is uninsured?
If the at-fault driver is uninsured or underinsured, you have several options:
- File a claim under your own uninsured/underinsured motorist (UM/UIM) coverage if you have it—this is critical for motorcyclists given the severity of injuries
- Sue the at-fault driver personally (though collecting may be difficult without assets)
- Identify other potentially liable parties (employer if they were working, bar if drunk driving is involved under dram shop laws, vehicle owner if different from driver)
UM/UIM coverage is essential for motorcyclists because your injuries are likely to exceed the at-fault driver's minimal insurance limits.
Do I need a lawyer for a motorcycle accident case?
Yes, absolutely. Motorcycle accident cases face unique challenges and biases. Insurance companies and juries often have negative stereotypes about motorcyclists, assuming riders are reckless regardless of fault.
You need an experienced attorney who can:
- Overcome anti-motorcycle bias in settlement negotiations and at trial
- Prove the other driver's negligence caused the accident
- Demonstrate the full extent of your injuries and their impact on your life
- Identify all sources of insurance coverage and liable parties
- Counter defense tactics that blame the motorcyclist
- Accurately value your case including future medical needs and lost earning capacity
- Negotiate aggressively with insurance companies
Studies show motorcycle accident victims who hire attorneys receive settlements 3-4 times higher than those who don't, even after attorney fees.
Injured in a Motorcycle Accident in Austin?
Don't let insurance companies minimize your injuries or blame you for the accident. Contact RRK Law at 512-436-2779 for a free consultation. We fight for injured motorcyclists throughout Travis County.