When my son got in trouble with law enforcement, I turned to O’Connell West for help. Doug and Laurie did an amazing job. They steered us through the process, fought for my son and ultimately his case was dismissed. If you or someone you care about is in trouble, I highly recommend you hire O’Connell West.
Austin Motorcycle Accident Lawyer
A rider has almost nothing between them and the road. When a driver turns left across a motorcycle’s path or drifts into its lane, the injuries can be severe, and the questions come quickly: who pays, how long there is to act, and whether being on a motorcycle counts against you. An Austin motorcycle accident lawyer can answer those questions under Texas law, starting with this one: a rider can still recover unless found more than 50% responsible for the crash.
O’Connell West, PLLC represents injured riders and their passengers on contingency, so no attorney’s fees are due unless we recover compensation for you. Call 512-547-7265 or reach out to talk about the crash.
Why Riders Choose O’Connell West, PLLC After a Crash
An insurer can try to pin a motorcycle crash on the rider, and the answer to that argument often sits in physical evidence. You can meet with a personal injury attorney face to face at our Austin office and bring the damaged gear, photos of the bike, and the crash report, so that evidence is reviewed in person instead of described over the phone.
What to Do After a Motorcycle Crash in Austin
Some evidence from a motorcycle crash disappears quickly, so the first days matter:
- Medical care: Treatment records tie injuries to the crash, including injuries that show up days later.
- A crash report: A copy of the police report gives the claim an early official account of what happened.
- Photos and witnesses: Pictures of the scene, the vehicles, and visible injuries, along with witness contact details, help when accounts differ.
- Damaged gear: A cracked helmet, torn jacket, or scuffed boots can show how and where the rider was struck, so keeping them intact preserves that evidence.
Who Is Liable for a Motorcycle Accident in Texas?
The person whose negligence caused the crash is generally responsible for the harm. Negligence means failing to use the care a reasonably careful person would use in the same situation, such as a driver who turns left without checking for oncoming traffic or changes lanes without looking.
Fault can also be shared. In cases covered by Texas’s proportionate responsibility chapter, Section 33.001 of the Texas Civil Practice and Remedies Code bars a rider found more than 50% responsible from recovering. A rider who is not barred has the damages reduced by that percentage under Texas’s damage-reduction rule, so a rider found 25% responsible for a $60,000 loss would recover $45,000.
An insurer’s claim that a rider was speeding or hard to see is an argument about that percentage, not a final answer.
Common Injuries Motorcyclists Suffer in Crashes
Riders absorb much of a crash’s force directly, and the injuries reflect it:
- Fractures: Broken legs, arms, wrists, and collarbones from the impact or the fall.
- Road rash: Skin and tissue scraped away by sliding across pavement, which can require skin grafts in severe cases.
- Head and brain injuries: Concussions and traumatic brain injuries, even when a helmet is worn.
- Spinal injuries: Damage to the spinal cord or vertebrae that can affect movement and sensation.
Compensation You May Recover After a Motorcycle Accident
Section 41.001 of the Texas Civil Practice and Remedies Code defines the two main types of damages in an injury claim:
| Type of damages | What it covers | Common examples |
|---|---|---|
| Economic damages | Actual financial, or pecuniary, loss | Medical bills, lost wages, future treatment costs, a damaged bike and riding gear |
| Noneconomic damages | Losses that carry no bill | Physical pain, mental anguish, scarring from road rash, physical impairment, loss of enjoyment of life |
What a claim is worth depends on those losses and on the rider’s share of responsibility, so no single dollar figure fits every crash.
Texas Helmet Law
Under Section 661.003 of the Texas Transportation Code, it is an offense to ride a motorcycle on a public street or highway without protective headgear that meets state safety standards. The statute includes exceptions for some riders 21 and older, tied to motorcycle safety training or health insurance coverage.
How Long Do You Have to File a Motorcycle Accident Claim in Texas?
Section 16.003 of the Texas Civil Practice and Remedies Code generally gives an injured rider two years after the day the cause of action accrues to file a personal injury lawsuit, subject to a few exceptions the statute lists. In Texas, a claim usually accrues when the wrongful act causes an injury, which for a motorcycle crash is generally the day of the collision.
That start date typically holds even when a head injury’s symptoms surface weeks later, because a narrow exception called the discovery rule applies only to injuries that are by nature unlikely to be discovered within those two years.
Austin Motorcycle Accident FAQs
How Is a Motorcycle Accident Claim Different From a Car Accident Claim?
The same Texas negligence and shared-fault rules apply to both car accident claims and motorcycle claims. The differences are practical: riders tend to suffer more serious injuries because they have less protection, damaged gear becomes evidence, and fault arguments can lean on assumptions about how motorcycles are ridden.
Can I Still Recover Compensation If I Wasn’t Wearing a Helmet?
Not wearing a helmet does not by itself end a claim, because it does not usually explain who caused the crash. An insurer may argue that riding without one made a head injury worse, and how much weight that argument carries depends on the injury and the medical evidence.
Can My Passenger File a Claim Too?
Yes, a passenger hurt in a motorcycle crash has a claim of their own. Depending on the facts, it can run against the other driver, the rider, or both, with responsibility divided among those who contributed to the crash.
Talk to an Austin Motorcycle Accident Lawyer Today
Getting back on your feet, and maybe back on the bike, takes time. At O’Connell West, PLLC, there are no attorney’s fees unless we recover compensation for you, and you can meet with an attorney in person. An Austin motorcycle accident lawyer is ready to hear what happened, so call 512-547-7265 or reach out today.
O’Connell West,PLLC
