Insurance companies can make assumptions about motorcycle riders when they evaluate a crash, especially when fault is disputed. A motorcycle accident lawyer in Houston from Thiessen Law Firm can push back when those assumptions start influencing how the insurer views your claim.
Our team brings over 90 years of combined experience to serious injury cases. Our Houston personal injury lawyers know how insurers build their arguments because members of our team have worked on the other side.
We fight for injured riders when insurance companies try to make the crash their fault. Contact Thiessen Law Firm for a free consultation and let us start looking at what really happened.
Why Hire a Houston Motorcycle Accident Lawyer After a Crash?
Motorcycle riders can face assumptions that drivers in passenger vehicles rarely encounter. An insurance adjuster may question your speed, where you were riding, or what safety gear you had on before fully considering what the other driver did.
Our Houston motorcycle accident lawyers look at the facts instead of accepting a version of the crash that puts responsibility on you simply because you were riding a motorcycle. We can deal directly with insurance carriers and build the claim around the available evidence.
Thiessen Law Firm also prepares serious injury cases with trial in mind. That approach gives the team room to investigate disputed facts and build the case when an insurer challenges what happened or undervalues the injuries.
Texas Comparative Responsibility and Motorcycle Claims
Texas can divide fault between the people involved in a crash. Under Tex. Civ. Prac. & Rem. Code § 33.001, you cannot recover damages if you are found more than 50% responsible.
After a motorcycle accident, the insurer may argue that you share some of the blame. We look at what the drivers were doing, what the physical evidence shows, and whether that version of events actually holds up.
If the percentage being placed on you does not match the facts, our attorneys can challenge it. In Texas, that percentage can directly affect how much of your damages you are allowed to recover.
For a free legal consultation with a motorcycle accident lawyer serving Houston, call (713) 864-9000
Common Causes of Motorcycle Accidents in Houston
Houston’s roadways put motorcycles beside passenger vehicles, commercial trucks, rideshare cars, and heavy commuter traffic every day. On busy stretches of I-45, I-10, Beltway 8, and the 610 corridors, a driver who misses a motorcycle in a blind spot or misjudges its position can put a rider in immediate danger.
Common causes include:
- Left-turn collisions when a driver turns across a rider’s path.
- Lane-change accidents involving blind spots or an unsafe merge.
- Distracted driving and other forms of driver distraction.
- Failure to yield right-of-way at intersections or entrances.
- Drivers following a motorcycle too closely.
- Road hazards such as debris, damaged pavement, or unsafe construction areas.
- Speeding or unsafe driving around motorcycle riders.
- Defective motorcycle parts that contribute to a loss of control.
Our Houston motorcycle accident attorneys will look closely at how the crash happened and who had a hand in causing it. If the other side tries to put more blame on you than the facts support, we’ll be ready to push back.
Left-Turn and Lane-Change Accidents
On busy Houston roads such as Westheimer Road or Richmond Avenue, a driver turning left can put a motorcycle directly in a rider’s path by misjudging how close the bike is. By the time the rider sees the vehicle crossing the lane, there may be very little time to avoid it.
Lane-change accidents can happen when a driver moves over without seeing a motorcycle in a blind spot. Checking the rearview mirrors might not be enough if the driver fails to look beside the vehicle before changing lanes.
When the drivers disagree about what happened, we look for evidence that supports your account of the crash. Traffic-camera video, vehicle damage, and witness accounts can help show how the collision happened.
Lane Splitting and Texas Motorcycle Laws
Texas motorcycle laws give riders the full use of a traffic lane, but state law prohibits riding between lanes of traffic moving in the same direction. Tex. Transp. Code § 545.0605 also prohibits passing another motor vehicle while staying in the same lane.
If lane splitting comes up after your crash, an insurance adjuster could argue that you broke a motorcycle-specific law and share responsibility for the collision. That argument still has to be weighed against what the other driver was doing and what actually caused the crash.
Our Houston motorcycle accident lawyers will look closely at the moments leading up to the collision. A traffic violation can affect the claim, but it does not automatically tell the whole story of who was responsible.
Road Hazards Around Houston
A pothole or patch of loose debris can be much more dangerous on a motorcycle than it is in a car. Uneven pavement and poorly marked work zones can also leave a rider with little time or space to recover.
When a road condition caused or contributed to the crash, we look at who was responsible for that stretch of roadway. Around the Houston Ship Channel and other construction-heavy areas, that could include a contractor or a governmental entity.
Who controlled the roadway can also affect more than who is responsible for the hazard. When a governmental unit is involved, the claim can also come with an earlier deadline.
Houston Motorcycle Accident Lawyer Near Me (713) 864-9000
What Should You Do After a Houston Motorcycle Crash?
Your health comes first after a motorcycle crash. Get away from traffic if you safely can and call 911 for medical help. Serious injuries such as head trauma or internal injuries are not always easy to recognize immediately.
If your condition allows, consider these steps:
- Ask law enforcement to respond and create a police report.
- Get medical care and follow the treatment instructions you receive.
- Take photos of the crash scene, vehicles, road conditions, and visible injuries.
- Get contact information from people who saw the collision.
- Keep your motorcycle, damaged safety gear, and other physical evidence.
- Save your medical records, medical bills, and motorcycle-related expenses.
- Avoid giving a recorded statement to the other driver’s insurer before you understand what is being asked.
- Contact a motorcycle accident attorney to discuss the insurance claim.
If your injuries prevent you from doing any of this, that does not mean you have lost your chance to pursue a case. We can work from the records and evidence that are still available once you contact us.
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How Insurance Companies Handle Motorcycle Accident Claims
Insurance adjusters can scrutinize a motorcycle claim from several angles, especially when they think there is room to reduce what they pay. They may question how you were riding, challenge the extent of an injury, or argue that some treatment had little to do with the crash.
Thiessen Law Firm has team members who have worked on the insurance side, so we know the kinds of arguments that can surface early in a claim. Our Houston motorcycle accident attorneys use that background to spot weak points in the insurer’s position and build the evidence needed to answer them.
Recorded Statements and Early Settlement Offers
The other driver’s insurance adjuster might call soon after the crash and ask you to give a recorded statement. At that point, you may still be sore, shaken up, or waiting on answers from your doctors, so you do not have to rush into a detailed account before you know what you are dealing with.
You could also receive a settlement offer before your doctors know what your recovery will involve. Once you sign a release, you generally cannot reopen the claim for higher medical expenses or worsening injuries, so our attorneys can review the offer with you before you decide.
What if the Driver Has Too Little Insurance?
Texas law requires minimum liability limits of $30,000 for one injured person, $60,000 per accident for bodily injury, and $25,000 for property damage. A serious motorcycle crash can run through that coverage quickly, especially when the injuries require extensive medical care.
If the other driver has little or no insurance, your own UM/UIM policy could provide another source of coverage. Our attorneys can review the policies involved and see what coverage is actually available before anyone treats the other driver’s limits as the end of the claim.
Injuries After a Houston Motorcycle Accident
Motorcycle injuries can affect almost every part of your day, from getting through a work shift to sleeping comfortably at night. Even with a helmet and other safety gear, a collision can cause injuries that require surgery, rehabilitation, or time away from work.
Common motorcycle injuries include the following:
- Road rash and serious skin injuries
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Neck and back injuries
- Shoulder injuries
- Knee, hip, and leg injuries
- Internal injuries
- Head injuries and other head trauma
- Amputations
- Burns and scarring
Our Houston motorcycle accident lawyers want the claim to reflect what the injury has actually cost you, not just what appears on a bill. That can include missed work, limits on what you can do physically, and treatment that is still ongoing.
Traumatic Brain and Spinal Cord Injuries
A traumatic brain injury can affect how you think, remember things, or get through a normal workday. Some symptoms do not become obvious until after you are home and trying to get back into your usual routine.
Spinal cord injuries can require extensive medical care and rehabilitation, especially when mobility is affected. If the insurer disputes how serious the injury is or what care you will need later, medical professionals can provide expert testimony to explain it.
Wrongful Death After a Motorcycle Crash
When you lose a family member in a motorcycle crash, Texas law may allow certain relatives to bring a wrongful death claim. In some cases, a separate survival claim on behalf of the rider’s estate can address losses the rider experienced before death.
Our Houston motorcycle accident attorneys can help your family figure out who has the right to file and what the claim can include. We can take on the legal work, answer the hard questions, and keep the case moving while your family has far more important things to worry about.
What Compensation Can You Seek After a Motorcycle Accident?
A motorcycle accident claim can include more than the bills sitting in front of you right now. The value should reflect the financial losses you have already taken on, along with the ways the crash has affected your health, work, and everyday life.
Economic Damages
Economic damages cover losses that come with a clear dollar amount. They can include costs you have already paid, along with financial losses that records can help prove.
Depending on the case, that can include the following:
- Medical expenses and future medical care
- Lost wages
- Reduced future earning capacity
- Rehabilitation costs
- Property damage
- Motorcycle repair or replacement
Our firm can look at what you have already lost and what expenses are still ahead. That helps us build a claim around the actual financial impact of the crash.
Non-Economic Damages
Some of the hardest losses after a motorcycle crash never show up on a bill. Non-economic damages can account for how the injury has changed your daily life and the pain that comes with it.
Non-economic damages can include the following:
- Pain and suffering
- Physical impairment
- Scarring or disfigurement
- Loss of enjoyment of life
We look at how your injuries have changed what you can do, how you feel, and what daily life looks like now. Those losses deserve to be part of the claim too.
Motorcycle Repair, Property Damage, and Diminished Value
The damage to your bike can add thousands of dollars to the losses from a crash. Repair estimates and maintenance records can help show what the motorcycle was worth and what it will take to repair or replace it.
If repairs reduce the motorcycle’s value, diminished value may also be part of the property claim. Keep the damaged bike, gear, and accessories until we have had a chance to determine what could help support your case.
When Are Punitive Damages Available?
Texas calls punitive damages exemplary damages. Under Chapter 41 of the Texas Civil Practice and Remedies Code, they generally require clear and convincing evidence of fraud, malice, or gross negligence, which is a higher standard than ordinary negligence.
A serious injury by itself does not meet that standard. We look at the defendant’s conduct and the available evidence to see if exemplary damages are supported in your case.
Does Helmet Use Affect a Texas Motorcycle Accident Claim?
A helmet is not required for every rider over 21 in Texas. Texas Transportation Code § 661.003 allows an exception when the rider meets the law’s safety-course or health-insurance requirement.
The Texas Department of Public Safety also requires a Class M license to operate a motorcycle. That requirement is separate from the helmet rule and does not decide who caused the crash.
Helmet use can still come up if an insurer argues that wearing one could have reduced a head injury. We look at the medical evidence and the injuries you are actually claiming before giving that argument any weight.
What if You Were Not Wearing a Helmet?
If you were riding without a helmet, the insurance company could try to make that a bigger issue than it deserves to be. We start with the crash, look closely at what the other driver did, and keep the focus on what actually caused the collision.
For a head injury, helmet use can still become part of the damages argument. We can look at the medical evidence and what your doctors say about the injury, then respond to the insurer based on what the crash actually caused.
Evidence in a Houston Motorcycle Accident Case
Our Houston motorcycle accident attorneys want to know what the scene looked like before anything changes. That can mean tracking down video, checking the vehicles, or finding people who saw the crash before those details are harder to recover.
Depending on the crash, that could include:
- Police crash reports
- Witness statements
- Medical records
- Photos of the crash scene
- Traffic-camera video
- Nearby business or residential surveillance footage
- Helmet or camera footage
- Video and electronic data
- Phone records when driver distraction is disputed
- Event data recorders or other vehicle event data
- Motorcycle maintenance records
- Repair estimates
Your lawyer can use that evidence to piece together how the crash happened and support what you are claiming about your injuries. The stronger the proof, the less room there is for an insurer to downplay what happened.
Accident Reconstruction and Electronic Evidence
When the drivers disagree about how the crash happened, an accident reconstruction can help sort out the sequence of events. Accident reconstruction experts can study the damage and roadway evidence, then use visual reconstructions when they help explain the collision.
Electronic records can show what was happening in the seconds before impact. An event data recorder (EDR) can provide information about speed or braking, while phone or traffic-camera data can help fill in what happened around the crash.
How Does a Motorcycle Accident Claim Move Forward?
Once we take your case, we start looking closely at the collision and what you are dealing with because of it. We deal with the insurance company, gather the records we need, and build the claim around what the evidence supports.
Our Houston motorcycle accident lawyers prepare serious cases for the possibility that the insurer will not offer a fair resolution. If that happens, we are ready to take the next step and make them answer for the position they are taking.
Investigating the Crash
We start with what is already available and figure out what is still missing. The investigation then follows the questions raised by your particular crash instead of a standard checklist.
A crash involving a commercial vehicle around the Port of Houston or East End industrial corridors can call for company records, while a road-hazard case can lead us to maintenance or construction records. We build the investigation around your accident instead of putting every motorcycle case through the same routine.
Presenting the Insurance Claim
Once we know enough about the crash and your recovery, we can present the claim to the insurance company with a clear demand. We support that demand with records and other evidence showing why the driver is responsible and what you are asking the insurer to pay.
If the insurer still disputes the claim or refuses to offer a fair resolution, we can talk with you about filing suit and what comes next. You will know where the case stands and what your options are before that decision gets made.
Filing a Personal Injury Lawsuit
If the insurance company will not resolve the claim fairly, filing suit moves the case into court. The case can then proceed through discovery, and the court can address disputes that come up along the way. Houston motorcycle cases can be filed in the appropriate Harris County court when venue and jurisdiction requirements are met.
Founder Mark Thiessen has handled more than 220 jury trials during his career, and that experience shows up in how the firm prepares a case. We build serious motorcycle claims with the possibility of trial in mind so we are ready if the case has to go that far.
How Long Do You Have to File a Motorcycle Accident Lawsuit in Texas?
Texas generally gives you two years from the crash to file a personal injury lawsuit under Tex. Civ. Prac. & Rem. Code § 16.003. That time can disappear quickly when you are in treatment, missing work, or still trying to figure out what recovery is going to look like.
Some motorcycle claims come with earlier notice requirements, depending on who is involved. Our Houston motorcycle accident attorneys can check the crash date and the parties involved so you know which deadlines apply to your case.
Government Road-Hazard Claims Can Have Shorter Notice Periods
A dangerous road condition can put the City of Houston or Harris County into the claim if one of them controlled that stretch of roadway. The Texas Tort Claims Act has notice requirements that can come due before the ordinary two-year filing deadline.
A governmental unit generally has the right to notice within six months of the incident, though shorter local deadlines can sometimes apply. We look at that issue early so a road-hazard claim does not lose time while everyone is focused on the two-year filing deadline.
Call Thiessen Law Firm After a Houston Motorcycle Crash
You should not have to accept being blamed simply because you chose to ride a motorcycle. Thiessen Law Firm can investigate what happened, deal with insurance carriers, and stand up for you when the other side tries to minimize your injuries or your claim.
The family-owned firm has served clients since 2011 and prepares serious cases with trial in mind. We know Houston, we know how insurance companies operate, and We Fight Giants when injured people need someone willing to push back.
Speak with a motorcycle accident lawyer in Houston at Thiessen Law Firm during a free consultation. Tell us what happened, and we can explain what options are available to you.