Key Takeaways: What Every Motorcycle Accident Victim Should Know
- Liable parties usually include other drivers who were acting negligently (e.g., speeding, driving under the influence, or driving while distracted.
- You have two years from the date of your accident to file a claim—otherwise, you could lose out on your right to any compensation.
- The average settlement value in motorcycle claims can vary from thousands to millions of dollars, depending on the eligible financial, emotional, and punitive damages.
- Texas’ comparative negligence law allows bikers to claim partial compensation if found partly at-fault for the crash—including if they were riding without a helmet or license.
- Working with Simmons & Fletcher means you’ll have no upfront fees, direct and personal access to your attorneys, and nearly 50 years of legal experience behind you.
If you’ve been injured in a motorcycle wreck due to someone else’s negligence, speak with a Motorcycle Crash Lawyer Today. Fill out our easy online form to get in touch with a motorcycle attorney near you.
Do I Need a Houston Motorcycle Accident Lawyer?
The sad reality is that many drivers hold prejudices against motorcyclists. Non-riding drivers don’t always look for them and then blame the motorcycle for being on the highway. A common misperception is that motorcycle riders are all risk-takers and law-breakers. Insurance adjusters know this and will try to use this prejudice to devalue or deny your claim.
The Rules of the Road apply to everyone equally. Automobile drivers have the same duty to watch out for motorcycles as they do a Mack truck. You need a Houston motorcycle accident lawyer who knows your rights and will fight for you. If you’ve been hit on a motorcycle, call Simmons and Fletcher, P.C.
Why Choose Simmons & Fletcher After a Motorcycle Accident?
The team of Houston motorcycle accident lawyers at Simmons & Fletcher, P.C., has fought for motorcycle accident victims’ rights for nearly 50 years. We have case results that showcase our success and client reviews that showcase our compassion. As your Houston motorcycle lawyers, our firm will work tirelessly to investigate the cause of your crash and determine who should compensate you for your damages.
Some additional reasons to choose us as your legal advocates include:
- Personalized attention & guidance: Our firm has 3 attorneys with over 75 years of combined experience, but no associates. If we take your case, one of our three partners will handle it.
- Genuine interest in helping injury victims: Our firm exclusively handles personal injury claims for injured victims. We don’t represent insurance companies. We don’t just “dabble” in accident cases while practicing other areas of law.
- Decades of experience: Our firm has fought for injury victims since 1979.
- No upfront fees: If we don’t win your case, you don’t owe us any attorney’s fees, and you don’t have to reimburse our attorney for expenses.
When you are ready for an experienced motorcycle victim’s advocate on your side, contact our office at (713) 932-0777 for a free consultation with a lawyer near you today.
What Our Clients Say
Veda J.
“After the accident I was really shaken to my core. Being a senior citizen, I wasn’t sure just what to do. I saw your tv ad and I decided to call. So glad I did…
Irma G.
Simmons and Fletcher was a very nice and friendly law firm from the moment I went in for my initial consult. A big thank you to all of them for hearing me out and agreeing…
Amber R.
Simmons and fletcher law firm. Went above and beyond for me. I was in a bad wreck that requires neck surgery. They constantly called and checked on me to see how I was doing. They…
Sue M.
I guess we are all a bit hesitant to have to hire a lawyer, at least I know I was, but Simmons and Fletcher PC was highly recommended by a trusted friend so I decided…
Miriam F.
I cannot express enough what this firm has done for me and my family! From the very beginning my legal assistant, Jeannette, was there to guide me every step of the way. She kept me…
Rebecca D.
This office helped us out tremendously. Everyone we dealt with was professional and courteous. They were quick to respond to any questions regarding the process. I would definitely recommend these attorneys.
Oscar M.
I had a great experience at Simmons and Fletcher. They fought continuously in my case and always hand my best interest in me. Ruth was kind and attentive to my needs. She was always available…
Theresia R.
This firm did an excellent job in representing our family. Not only are they very knowledgeable but are also very polite and always communicated through the whole process. A special thank you to Amanda for…
Rebecca S.
I cannot recommend this firm enough. Chris Fletcher represented me and my experience was great from start to finish. Chris was honest, accessible, and easy to talk to. His paralegal, Stephanie Quinn, was also incredibly…
Sandra W.
I had a great experience with Simmons and Fletcher. Sharon Simmons Cantrell did an exceptional job on my case. She was attentive and sweet and fought hard for me. I would recommend her and the…
Christashaia J.
I would recommend Simmons and Fletcher to anyone! From start to finish my case was handled properly! Amanda Johnston handle my case so well, as well as communicated with me throughout the entire ordeal, and…
The Risks & Realities of Riding a Motorcycle in Houston
Motorcycle Crash Statistics & Dangerous Intersections
Motorcycle Crash Statistics & Dangerous IntersectionsUnfortunately, Texas roadways can be dangerous for any type of vehicle operator—especially motorcyclists. Motorcycle riders are less protected than car and truck operators. As a result, when accidents happen, motorcyclists are more likely to sustain severe injuries.
In fact, in 2025 alone, there were at least 539 motorcyclists killed in the state of Texas. 31% of those were not wearing their helmets, according to TXDOT.
Many of these crashes, fatalities, and injuries occur in Houston. The city is a major urban area with congestion, a dense population, and heavy traffic on its roadways. The intersection of Westheimer Road and Post Oak Boulevard, for example, is often cited as the most dangerous Houston intersection. Westheimer-Post Oak is known for high traffic volume, illegal driving maneuvers, and other factors that contribute to a dangerous environment.
Roadways like FM 1960, Highway 6, and the Sam Houston Parkway are also known hotspots for motor vehicle accidents and motorcycle collisions. And don’t forget Downtown Houston and all its crazy drivers.
How Bias Against Riders Impacts Claims
Insurers and other drivers often claim that cyclists behave irresponsibly on the roads. This type of bias can damage personal injury claims after a motorcyclist has been injured. However, motorcyclists have as much right to the road as any other driver. As experienced Houston motorcycle accident lawyers, we have overcome the prejudice some drivers have against our clients and helped them recover what they need and deserve.
Common Causes of Motorcycle Crashes
Determining the cause of your motorcycle accident may help you recover fair compensation for damages. Our motorcycle accident attorneys have years of experience handling motor vehicle crashes. They can thoroughly investigate the causes of your accident and who may be at fault.
Some of the most common causes of these collisions include:
- Distracted, fatigued, or inexperienced driving;
- Speeding;
- Failure to use a turn signal or check blind spots when changing lanes;
- Drunk driving or driving under the influence of drugs;
- Failure to stop or yield the right of way;
- Defective or malfunctioning vehicle parts;
- Hazardous road conditions.
How Our Houston Motorcycle Accident Law Firm Builds Your Case
Investigating the Crash & Determining Negligence
For any motorcycle accident case to succeed, your personal injury attorneys must prove someone was negligent. In other words, they engaged in reckless or unlawful behavior. To prove negligence, your legal team must show:
- The defendant had a duty of care to keep you out of harm’s way.
- The defendant breached that duty of care.
- The breach directly caused your injuries.
- Your injuries resulted in damages that were significant and life-changing.
To prove these elements of negligence, our Houston motorcycle injury lawyers will thoroughly investigate your crash and the events leading up to it. By gathering evidence and examining every angle of the accident, we’ll find out who can be held liable and how.
Documenting Medical Treatment & Damages After Your Motorcycle Wreck
Throughout your accident and recovery, keep records, bills, written communications, and any other documents related to your damages. This evidence can help prove that the crash significantly affected your life. They can also help you get the maximum compensation to recover your losses. Some key documents to hold onto include:
- Medical bills and records;
- The police accident report;
- Repair estimates or a valuation estimate of your motorcycle;
- Pay stubs, tax records, or employer letters that show lost wages;
- All written communications with your insurer or the other party’s insurer.
Filing a Motorcycle Accident Insurance Claim in Houston
It may surprise you that insurance companies aren’t legally required to repay you for every loss. They’ll pay only up to the highest limits of your policy, and they’ll cover only specific types of damages.
For example, bodily injury liability insurance only covers medical bills. Meanwhile, property damage liability insurance only covers property damage to your motorcycle.
Unfortunately, most insurance companies also do not have your best interests at heart. They prioritize their financial interests and may look for opportunities to reduce your compensation.
That’s why it’s crucial to have a dedicated Houston motorcycle accident lawyer on your side. Your attorney can protect you from being taken advantage of during one of the most difficult times in your life.
Remember that you don’t have to settle for less. A skilled team of Houston motorcycle accident lawyers will work diligently on your behalf and handle insurance companies at every step of your claim.
Negotiating With the Defense & Taking Your Case to Trial
Once the claim is filed, your damages are named, and your evidence is collected, your case will enter its legal phases.
First, during discovery, your attorney will exchange evidence with the other party’s attorney. Both legal teams will have a chance to fully understand both sides of the case. Then, each team will work to devise their best legal strategy. During this time, the opposing legal team may depose you about the accident.
Next, both attorneys will try to negotiate a fair settlement. If we can’t reach a fair agreement, your claim may enter mediation.
In mediation, a third-party mediator will try to help you and the defendant reach an agreement. If an agreement can’t be reached, your motorcycle accident lawsuit will likely go to trial.
While a trial is unusual for motorcycle accident claims, the Christian trial lawyers at Simmons & Fletcher are always prepared. We can skillfully represent your case in court if we can’t reach a settlement that justly compensates you for your damages.
Protect Your Rights as a Motorcyclist. Contact our office for a free case review with a motorcycle accident lawyer near you.
Common Injuries in Motorcycle Accidents
Sometimes, motorcycle accident victims are concerned that their injuries aren’t severe enough. However, it’s actually not the type of injury you have that matters. What matters more is the short- and long-term impact of your injuries on your life. This factor determines whether you have grounds for a claim and what compensation you could recover.
Some of the most common types of injuries that motorcycle accident victims experience include:
- Burn injuries, scarring, and road rash;
- Degloving injuries;
- Spinal cord injuries, neck injuries, back injuries, and nerve damage;
- Traumatic brain injury;
- Broken bones;
- Whiplash;
- Soft tissue injuries, internal bleeding, and organ failure;
- Exsanguination.
These are only a few examples of injuries you may have the right to sue for. With years of experience handling motorcycle accident cases throughout Greater Houston, we can bring our best resources and extensive legal knowledge to strengthen your claim.
Contact us today to learn more about whether you have the right to demand compensation. We’ll also guide you through the steps to access financial support when you need it most: (713) 932-0777.
Motorcycle Accident Compensation & Recovery
When you’ve been injured in a motorcycle accident, you can seek financial compensation through damages. There are three main types of damages: economic, non-economic, and punitive.
Economic Damages (Medical Bills, Lost Wages, Property Damage)
Economic damages are entirely financial. You can easily prove them with financial records, income statements, receipts, and other verifiable evidence. Some examples of economic damages you could be entitled to include:
- Costs of repairing or replacing your motorcycle;
- Property damage;
- Medical expenses not covered by your health insurance;
- Current and future medical bills;
- Lost wages;
- Loss of employee benefits;
- Loss of household services.
Non‑Economic Damages (Pain, Suffering, Loss of Enjoyment)
Non-economic damages don’t have a financial value. As a result, they’re more difficult to quantify with a number. Your Houston motorcycle accident injury lawyer must determine their monetary worth based on the specific details of your case. Some common examples of non-economic damages in a motorcycle accident claim include:
- Pain and suffering;
- Scarring and disfigurement;
- Loss of enjoyment of life;
- Loss of consortium;
- Emotional distress.
Punitive Damages
Punitive damages may also be possible in your motorcycle accident case, but they’re less common. Punitive damages are intended to punish the defendant for their actions. This approach differs from non-economic and economic damages, which are meant to repay you for your losses.
Punitive damages, on the other hand, are typically only awarded when the defendant’s actions were grossly negligent, reckless, or malicious. In a nutshell, they exist to prevent the defendant from doing the same thing in the future.
Unless your attorney suggests otherwise, punitive damages are not a compensatory loss, so you should never count on them being awarded in your case.
Wrongful Death & Survival Claims Following a Motorcycle Accident Fatality
If you have lost a loved one due to a motorcycle wreck, you have our deepest and most genuine sympathies. In order to support your loved ones and get back on your feet during this unimaginably difficult time, you may be entitled to recover additional wrongful death and survival claim losses such as:
- Funeral expenses;
- Loss of earning capacity;
- Loss of household services;
- Loss of society and companionship;
- Loss of consortium;
- Loss of inheritance.
Ask a Houston motorcycle accident attorney for more information about the type of motorcycle collision damages you may claim depending on the circumstances of your accident.
Five Steps to Take After a Motorcycle Accident in Houston
The first steps you take after a motorcycle crash are crucial to getting maximum compensation later. Follow these steps to maximize your chances of recovering your losses, holding the liable party accountable, and winning your motorcycle lawsuit.
Get to Safety & Call 911
First, get yourself to a safe place out of harm’s way. Then, call emergency responders and 911 for help.
Once law enforcement arrives, follow their directions to document the accident in a crash report. This report will detail how the accident occurred, who is liable, and any other important facts.
Having police and investigators arrive at the accident scene is essential, as these professionals can provide valuable evidence to support your case later.
Seek Medical Attention & Document Injuries
Even if you feel “fine” after a motorcycle accident, you still need to seek medical care as soon as possible. You could have severe spinal cord trauma, a traumatic brain injury, or internal injuries that may not be noticeable in the immediate aftermath of the accident. It is crucial that you visit a hospital or urgent care center as soon as possible after your accident.
Along with ensuring your safety and well-being, seeing a doctor can help prove the severity of your injuries. If you don’t get medical help, the liable party may argue that your injuries aren’t as severe as you claim. Or, they may even claim that the motorcycle accident didn’t cause the injuries you’re experiencing.
Gather Evidence & Witness Information
Gather Evidence & Witness InformationWhile waiting for the police, try to gather evidence that supports your case. Some of the most important pieces of evidence to collect include:
- Photos of your injuries;
- Photos of damage at the accident scene;
- The license plate, registration, and insurance information of the driver that hit you;
- The names and contact information of witnesses to your motorcycle accident;
- Witness statements from those who were present at the scene;
- Video footage of the surrounding area;
- A brief but detailed account of how the accident occurred.
Notify Insurers & Keep Communications Minimal
Call your auto insurance company and let them know you’ve been in an accident. Answer their questions, but keep your responses brief and direct. Stick to the basic facts of the accident, and avoid making any statements that imply that you were at fault in any way. After you report the accident, wait to speak with an attorney before contacting your insurer again.
Similarly, avoid talking with the other driver’s insurance company. Hire legal help before speaking with these insurers. Otherwise, you may accidentally say something that could damage your legal claim later on.
The adjuster’s role for the other driver is to protect them from responsibility and limit what they must pay on your claim. They do not have your best interests at heart. If they can avoid responsibility for your medical bills, property damage, and lost wages, you can bet they will.
Consult an Experienced Motorcycle Accident Lawyer
Having a Houston motorcycle accident lawyer on your side is the best way to protect your ability to recover compensation. A Houston motorcycle accident attorney can assist you in the following ways:
- Negotiate with insurance adjusters on your behalf;
- Gather evidence to file a motorcycle accident claim;
- Document your injuries in order to get the full compensation you deserve;
- Retain experts to fully evaluate your current and future damages;
- Consult experts to nail down the cause of the motorcycle accident;
- Evaluate settlement offers to ensure you get a just and fair deal;
- Represent you at trial if you can’t reach a fair settlement.
It is important to get an experienced Houston motorcycle accident attorney on your side as soon as possible after suffering a catastrophic injury. However, avoid hiring the closest one because you think, “Well, he is a motorcycle accident lawyer near me.” Close is no substitute for experience.
Also, although you are not legally obligated to have a personal injury attorney represent you, hiring a dedicated motorcycle accident lawyer can help you build a strong case against the liable party while you recover.
When you are looking for the right law firm to take on your case, review our client testimonials to learn how our legal team can help you and your family through these difficult times.
Get Free Help From Our Houston Biker Attorneys. Contact our team for a no-pressure, no-strings-attached consultation with a compassionate motorcycle lawyer.
Hire a Motorcycle Accident Lawyer in Houston Today
There is no out-of-pocket cost to hire a motorcycle accident lawyer at Simmons & Fletcher. The initial consultation is 100% free, with no pressure to hire us. If you do hire us, we work on a contingency fee basis. This means that if we win your case, you’ll reimburse our expenses and pay us a percentage of your compensation. If we don’t win your case, you don’t owe us a penny.
Our attorney’s fee percentage is one-third if we settle without filing a lawsuit. If we have to litigate, it goes up to 40% and stays there even if the case must be tried before a judge or jury. Again, you’ll only pay this attorney’s fee if we win your case—otherwise, you don’t have to pay us anything.
Schedule a Free Consultation with a Motorcycle Accident Attorney. An empathetic, knowledgeable motorcycle lawyer from Simmons & Fletcher will walk you through your free case review and help you get started on the path to justice.
Related Resources
- Head‑On Collision Lawyer: Learn your legal options after a serious head-on crash.
- Uninsured Motorist Lawyer: Explore options for recovering compensation after an accident with an uninsured driver.
- Wide-Turn Accident Lawyer: Learn about the dangers of trucks turning into vehicles and motorcyclists.
- Drunk Driving Accident Lawyer & Dram Shop Attorney: Find out what your rights are after being hit by a drunk driver.
- Bicycle Accident Lawyer: Learn about vulnerable cyclists and how they can be legally protected after an accident.
- Wrongful Death Attorney: Understand how justice can be pursued after a tragic and fatal accident.
- Catastrophic Injuries: Discover the next steps after a TBI, spinal cord injury, or other severe injury.
- Motorcycle Lane Splitting & Lane Filtering Laws: Understand the confusion around lane-splitting vs. filtering laws across U.S. states.
- Key Motorcycle Accident Statistics In Houston. Learn the important stats on bike wrecks in Houston.
- Helmet Laws in Texas: Find out if motorcycle helmets are legally required in TX.
FAQ's
How long will my motorcycle accident case take?
Your motorcycle accident will likely take about 3-12 months to settle. Most cases are resolved outside of court within six months to a year. However, every case is different. A more complex case with more severe injuries may take longer. Similarly, an uncooperative defendant or defense team could delay proceedings.
How long do I have to file a motorcycle accident lawsuit?
Adults have two years from the date of their motorcycle accident lawsuit in Texas.
Do I still have a claim if I wasn’t wearing a helmet in the motorcycle accident?
Yes. Failure to wear a helmet is a factor a jury may consider in assessing responsibility for your damages. Depending upon the injury suffered, it could reduce the amount you recover and even eliminate recovery for some damages, but it is unlikely to preclude all recovery.
How is fault determined in motorcycle accidents?
Fault is determined based on whose negligence led to the crash and resulting injuries. In any automobile accident, the operators of all vehicles may share some fault for the wreck or the injuries sustained, as the jury determines.
What if I wasn’t properly licensed?
If you weren’t properly licensed, the other person can still be found liable. Not having a license doesn’t automatically mean you’re at fault for the accident. However, this fact might be used against you in court to lower your settlement amount. If you’re found 51% or more at fault, you won’t be able to recover any damages. You may also be fined or face other consequences for driving without a license.
