Austin Motorcycle Accident Lawyer – Protecting Riders' Rights

Common Causes of Motorcycle Accidents in Austin

Motorcycle crashes occur for many reasons, but certain types of accidents are especially prevalent on Austin roads. Understanding these causes helps establish liability in your case.

Left-Turn Accidents

One of the most common and dangerous scenarios for motorcyclists occurs when a car makes a left turn directly in front of an oncoming motorcycle. Drivers often fail to see approaching motorcycles or misjudge their speed, pulling into their path. The "I didn't see them" excuse is all too common—and rarely acceptable. Drivers have a duty to ensure the way is clear before turning.

Lane Change Accidents

Motorcycles can easily fall into a vehicle's blind spot. When drivers change lanes without properly checking mirrors and blind spots, they can force motorcyclists off the road or collide with them directly. These accidents often occur on Austin's busy highways like I-35, MoPac, and Highway 183.

Rear-End Collisions

A rear-end collision that might be a minor fender-bender between two cars can be catastrophic for a motorcyclist. Distracted drivers staring at phones or not paying attention slam into stopped motorcycles at intersections and in traffic, throwing riders from their bikes.

Road Hazards

Hazards that cars drive over without issue can cause serious motorcycle accidents. Potholes, gravel, debris, uneven pavement, and oil slicks can cause riders to lose control. When poor road maintenance causes your crash, government entities responsible for road upkeep may be liable.

Dooring Accidents

In urban areas like downtown Austin, South Congress, and East Austin, parked car doors suddenly opening into traffic lanes create dangerous obstacles for motorcyclists. These "dooring" accidents can send riders flying over handlebars or into traffic.

Drunk and Distracted Drivers

Impaired and distracted drivers are especially dangerous to motorcyclists. A driver texting or under the influence is less likely to notice a motorcycle sharing the road, and slower to react when they do.

Speeding and Reckless Driving

Whether by motorcyclists or other drivers, speeding reduces reaction time and increases crash severity. Reckless maneuvers like aggressive lane changes, tailgating, and running red lights create deadly situations for everyone on the road.

Unique Challenges in Motorcycle Accident Cases

Motorcycle accident claims present obstacles not found in typical car accident cases. Our lawyers understand these challenges and know how to overcome them.

Bias Against Motorcyclists

Perhaps the biggest hurdle in motorcycle accident cases is the pervasive bias against riders. Insurance adjusters, jurors, and even judges may unconsciously assume motorcyclists are risk-takers who contributed to their own injuries. Insurance companies exploit this bias to minimize settlements.

We counter these prejudices by presenting evidence of safe riding practices, emphasizing the other driver's clear negligence, and educating juries about responsible motorcycle operation. Our goal is to ensure you're judged on the facts, not stereotypes.

Helmet Law Considerations

Texas has a partial helmet law. Riders under 21 must wear helmets, while riders 21 and older can legally ride without one if they have completed a safety course or have qualifying health insurance coverage. If you weren't wearing a helmet when injured, the defense may try to reduce your compensation for head injuries—even though Texas law allows helmetless riding.

Lane Splitting Issues

Lane splitting (riding between lanes of traffic) is not currently legal in Texas, though legislative efforts have been made to change this. If your accident involved lane splitting, the other side will likely argue comparative fault. However, even if you were lane splitting, the other driver may still bear significant responsibility.

Severity of Injuries

Motorcyclists lack the protective shell that car occupants have. This means injuries are often more severe, requiring extensive medical treatment and recovery time. While this means higher damages, it also means insurance companies fight harder to limit their payouts.

Common Motorcycle Accident Injuries

The lack of protection on a motorcycle means riders often sustain serious injuries, even in lower-speed crashes.

Road Rash

When riders slide across pavement, the resulting abrasions range from minor scrapes to severe wounds requiring skin grafts. Road rash is classified in degrees: first-degree affects only the outer skin, second-degree reaches inner layers, and third-degree removes all skin layers down to fat and tissue. Severe road rash can cause permanent scarring, infection risks, and nerve damage.

Traumatic Brain Injuries

Even helmet-wearing riders can suffer traumatic brain injuries (TBI) from the violent forces in a crash. TBIs range from concussions to severe brain damage causing cognitive impairment, personality changes, and lifelong disability. These injuries may not be immediately apparent, making prompt medical evaluation critical.

Spinal Cord Injuries

Motorcycle accidents frequently cause spinal cord injuries resulting in partial or complete paralysis. Victims may face permanent disability requiring wheelchair use, home modifications, and round-the-clock care. The lifetime costs of spinal cord injuries can reach millions of dollars.

Broken Bones and Fractures

Leg, arm, pelvis, and rib fractures are extremely common in motorcycle crashes. "Biker's ankle"—fractures of the talus bone—occurs when riders' feet are trapped between the motorcycle and the ground. These injuries often require surgical repair and extensive physical therapy.

Internal Injuries

The impact of a motorcycle crash can cause internal bleeding and organ damage that may not show immediate symptoms. Internal injuries can be life-threatening if not promptly diagnosed and treated.

Amputations

Severe crashes can result in traumatic amputation at the scene or surgical amputation due to crush injuries. Limb loss fundamentally changes every aspect of a person's life, from daily activities to career prospects.

Wrongful Death

Tragically, motorcycle accidents are more likely to be fatal than car accidents. If you've lost a loved one in a motorcycle crash, our wrongful death lawyers can help your family pursue justice and compensation.

Compensation for Austin Motorcycle Accidents

Motorcycle accident victims may be entitled to substantial compensation for their injuries and losses.

Medical Bills

All medical expenses related to your accident, including emergency room visits, hospitalization, surgery, medications, physical therapy, and rehabilitation. We also pursue compensation for anticipated future medical needs.

Lost Wages

Income lost during recovery, from the day of the accident through your return to work. For severe injuries affecting your ability to work long-term, we calculate lifetime lost earning capacity.

Pain and Suffering

Physical pain, emotional distress, anxiety, depression, and loss of enjoyment of life. For riders, this includes the psychological impact of no longer being able to safely enjoy motorcycling.

Motorcycle Damage

Repair or replacement costs for your motorcycle. We work with experts to properly value custom parts, modifications, and aftermarket accessories that standard insurance valuations may miss.

Protective Gear Replacement

Quality riding gear is expensive. Helmets, jackets, gloves, boots, and other protective equipment damaged in your crash should be included in your claim.

Scarring and Disfigurement

Road rash and other injuries can cause permanent scarring. Compensation accounts for both the physical disfigurement and its psychological impact on self-esteem and quality of life.

Learn more about potential case value in our case value guide.

Texas Motorcycle Laws

Understanding Texas motorcycle laws is essential for protecting your rights after an accident.

Helmet Requirements

Texas requires helmet use for riders under 21. Riders 21 and older may ride without a helmet if they have completed a motorcycle safety course approved by the Department of Public Safety, or carry at least $10,000 in medical insurance coverage for motorcycle injuries.

Insurance Requirements

Texas requires minimum liability coverage of $30,000 per person, $60,000 per accident for bodily injury, and $25,000 for property damage. However, we strongly recommend uninsured/underinsured motorist (UM/UIM) coverage, which protects you when an at-fault driver lacks adequate insurance.

Lane Splitting

Lane splitting and lane filtering are currently illegal in Texas. While bills have been introduced to legalize the practice (as California has done), Texas law still prohibits riding between lanes of traffic.

Licensing Requirements

Texas requires a Class M license to legally operate a motorcycle. Obtaining this license requires passing written and skills tests. Completing a Motorcycle Safety Foundation course can waive the skills test and may help demonstrate responsible riding in an accident case.

Building Your Motorcycle Accident Case

Strong motorcycle accident cases require thorough investigation and evidence gathering.

Accident Scene Investigation

Our team examines crash scenes for skid marks, debris patterns, road conditions, and sight lines. We obtain traffic camera footage, identify witnesses, and document conditions at the time of the accident.

Motorcycle Inspection

In some cases, mechanical failure contributes to accidents. We arrange expert inspection of your motorcycle to identify potential defects in brakes, tires, or other components that may indicate manufacturer liability.

Medical Documentation

Complete medical records linking your injuries to the accident are essential. We work with medical professionals to document your injuries, treatment, and prognosis, including future care needs.

Expert Witnesses

Complex motorcycle accident cases often benefit from expert testimony. Accident reconstructionists can determine how a crash occurred, medical experts explain injury severity and prognosis, and economic experts calculate lifetime costs of your injuries.

Countering Bias

We develop strategies to present your case fairly, emphasizing evidence of safe riding practices and the other driver's clear negligence. Our goal is ensuring the focus remains on who caused the accident, not unfair stereotypes about motorcyclists.

Why Choose Our Austin Motorcycle Accident Lawyers?

• We understand motorcycle culture – We know the difference between responsible riding and reckless behavior
• Experience countering anti-biker bias – We've successfully fought prejudice in claims and at trial
• Track record with motorcycle injury cases – We've recovered significant settlements for injured riders
• Aggressive representation – We stand up to insurance companies who try to minimize your claim
• No fee unless we win – You pay nothing upfront; we only get paid when you do

See our track record on our case results page.

What to Do After a Motorcycle Accident

The steps you take immediately after an accident can significantly impact your claim.

1. Check for injuries – Call 911 immediately for medical emergencies
2. Move to safety – If possible, get out of traffic to avoid further injury
3. Document everything – Take photos of vehicles, injuries, road conditions, and the scene
4. Get witness information – Collect names and contact info from anyone who saw the accident
5. Seek medical attention – Get checked out even if you feel okay; adrenaline can mask injuries
6. Don't admit fault – Let the investigation determine what happened
7. Contact a motorcycle accident lawyer – Before speaking with insurance companies

Learn more about protecting your rights in our guide: What to Do After an Accident.

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