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.
Speak with a Motorcycle Crash Lawyer Today. Fill out our easy online form to get in touch with a motorcycle attorney near you.
Why Choose Simmons & Fletcher After a Motorcycle Accident in Houston?
The team of Houston motorcycle accident lawyers at Simmons & Fletcher, P.C., has fought for the rights of motorcycle accident victims 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 law firm has been fighting 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.
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The Risks & Realities of Riding in Houston
Crash Statistics & Dangerous Intersections
Unfortunately, Texas roadways can be a dangerous place for any type of vehicle operator—but especially for motorcyclists. Motorcycle riders are not as protected as car and truck operators. As a result, when accidents do happen, a motorcyclist is more likely to experience severe injuries.
In fact, in 2023 alone, there were at least 600 motorcyclist fatalities in the state of Texas. This statistic comes from a report from the Texas Department of Transportation, in which they also identified over 2,400 serious injuries to motorcyclists in 2023.
A large amount 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.
Common Causes of Motorcycle Crashes
According to data from the National Highway Traffic Safety Administration, the leading causes of motorcycle accidents include:
- Speeding;
- Alcohol or substance-impaired driving;
- Slippery roadway surfaces and markings;
- Unpaved highway shoulders;
- Surface irregularities and debris;
- Unforgiving roadway barriers.
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, we know that motorcyclists have as much right to the road as any other driver. As experienced Houston motorcycle accident lawyers, we have been able to overcome the prejudice some drivers have against our clients and get them the recovery they need and deserve.
Five Steps to Take After a Motorcycle Accident
The first steps you take after a motorcycle crash are crucial for getting maximum compensation later on. Follow these steps for the best chance at recovering your losses, holding the liable party accountable, and winning your motorcycle lawsuit.
Get to Safety & Call 911
First and foremost, get yourself to a safe place that’s 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 that will later be used to support your case.
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, visiting a doctor can be used to prove the severity of your injuries. If you don’t get medical help, the liable party may try to argue that your injuries aren’t as severe as you claim them to be. Or, they may even claim that the motorcycle accident didn’t cause the injuries you’re experiencing.
Gather Evidence & Witness Information
While 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 as brief and direct as possible. Stick to the basic facts of the accident, and avoid making any statements that imply that you were at fault in any way. Once you’ve reported the accident, wait until you speak with an attorney before getting in touch with your insurer again.
Similarly, avoid having any conversations with the other driver’s insurance company. It’s important to hire legal help before speaking with these insurers. Otherwise, you may accidentally say something that could damage your legal claim later on.
You should know that the adjuster’s role for the other driver is to protect them from responsibility and limit the amount they must pay on your claim. They do not have your best interests at heart. If they can avoid responsibility for paying your medical bills, your property damages, and your 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 in trial if a fair settlement cannot be reached.
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.
Further, although you are not legally obligated to have a personal injury attorney working for you, hiring a dedicated motorcycle accident lawyer makes it possible for you to build a powerful case against the liable party while recuperating.
When you are looking for the right law firm to take on your case, be sure to view our client testimonials to learn more about how our legal team can help you and your family get through these difficult times.
Get Free Help From Our Houston Biker Attorneys. Contact our team for no-pressure, no-strings-attached consultation with a compassionate motorcycle lawyer.
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 to the right of way;
- Defective or malfunctioning vehicle parts;
- Hazardous road conditions.
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 is what determines whether or not 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.
Building Your Motorcycle Accident Case
Investigating the Crash & Determining Negligence
For any motorcycle accident case to be successful, your personal injury attorneys must be able to prove someone was negligent in your case. 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
Through every step of your accident and recovery, it’s crucial to keep records, bills, written communications, and any other records of your damages. These pieces of evidence can help prove that your life was affected significantly by the crash. They can also help you to get the maximum compensation to recover all of 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
It may come as a surprise that insurance companies are not legally required to repay you for every single loss. They’ll only pay up to the highest limits of your policy, and they’ll only cover specific types of damages.
For example, bodily injury liability insurance only covers medical bills. Meanwhile, property damage liability insurance only covers property damages 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 diligently work on your behalf and deal with insurance companies through every step of your claim.
Negotiating With the Defense & Taking Your Case to Trial
Once the claim is filed, your damages named, and your evidence 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, you may be deposed (or interviewed) about the accident by the opposing legal team.
Next, both attorneys will try to negotiate a fair settlement. If a just agreement can’t be reached, your claim will enter mediation.
In mediation, a third-party mediator will try to help you and the defendant to 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. Reach out to our office for a completely free case review with a motorcycle accident lawyer near you.
Compensation & Recovery: What to Expect
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. They can be easily proven 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 is different from non-economic and economic damages, which are simply 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 try to prevent the defendant from ever doing anything similar 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
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 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.
What Does a Motorcycle Accident Lawyer Cost?
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 having to file a lawsuit. If we have to litigate, it goes up to 40% and stays there even if the case must be tried to 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 at all.
Schedule a Free Consultation with a Motorcycle Accident Attorney. An empathetic and knowledgeable motorcycle lawyer from Simmons & Fletcher will walk your through your free case review and get you started on the path towards 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.
- 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.
- Helmet Laws in Texas: Find out if motorcycle helmets are legally required in TX.
Frequently Asked Questions
Do I Need a Lawyer If I Was Wearing a Helmet?
Yes, you still need a lawyer if you were wearing a helmet during a motorcycle accident. Even though you were wearing a helmet, the other party’s defense team may find other ways to blame you for the accident. This happens often in motorcycle accident claims, since motorcyclists are unfairly viewed as being reckless or negligent. A resourceful and fair-minded lawyer can help you navigate this prejudice.
What If I Wasn’t Wearing a Helmet During a Motorcycle Crash?
If you weren’t wearing a helmet during your accident, you may have to accept partial fault. However, this doesn’t mean you can’t win any compensation through a personal injury claim. For example, the other party might claim you’re partially at fault for your brain injuries. If a judge agrees, your compensation will be partially reduced under the Texas modified comparative negligence laws in Texas Civil Practice and Remedies Code Section 33.001.
How Is Fault Determined in Motorcycle Accidents?
Fault is determined based on whose negligence led to the crash and resulting injuries. For instance, let’s say one person was speeding, driving recklessly, or driving under the influence. If their actions led to the motorcycle accident and the accident led to your injuries, they are at fault. In general, if you were following the rules of the road, the liability should fall completely on the other driver.
What If I Wasn’t Properly Licensed?
If you weren’t properly licensed, the other person can still be found liable. Your lack of a license doesn’t mean you’re automatically at fault for the accident. However, this fact might be used against you in court to lower your settlement amount. And, if you’re determined to be 51% or more at-fault for the accident, you won’t be able to recover any damages at all. You may also be fined or face other consequences for driving without a license.
How Long Do I Have to File a Claim?
You have two years from the date of your motorcycle accident to file a claim. You must file your motorcycle accident claim before the statute of limitations expires, according to the Texas Civil Practice & Remedies Code section 16.003. Otherwise, you likely won’t be able to recover any damages. Some exceptions do apply, especially for minors, so get in touch with a Houston motorcycle injury attorney who can determine your exact timeline.
What Happens If the Other Driver Is Uninsured?
If the other driver is uninsured, you can pursue compensation through your own insurance. If you have uninsured motorist coverage as part of your motor vehicle insurance, you can file for compensation through your policy. Alternatively, you can file a personal injury lawsuit against the at-fault driver. Either way, we recommend speaking with a Houston motorcycle accident lawyer first in order to find your best path forward.
How Long Will My 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.
