Insurance adjusters size up a motorcycle claim differently than a car claim, and rarely in the rider’s favor. The assumption that you were probably reckless starts before anyone’s even read the police report.
George Salinas Injury Lawyers pushes back on that assumption with evidence, not arguments, for injured riders across Austin, in English or Spanish, with no fee unless we win.
Call (512) 851-1004 today for a free, 24/7 case review.
Resources On This Page
- Do You Need a Lawyer After a Motorcycle Accident in Austin?
- Will Not Wearing a Helmet Hurt My Claim?
- Is Lane Splitting Legal in Texas?
- Common Causes of Motorcycle Accidents in Austin
- Injuries Common in Motorcycle Accidents
- Compensation You Can Recover After a Motorcycle Accident
- The Cost of Hiring an Austin Motorcycle Accident Lawyer
- How Long Do You Have to File a Motorcycle Accident Claim in Texas?
- What to Do After a Motorcycle Accident in Austin
- Why Austin Riders Choose George Salinas Injury Lawyers
- Ask George Salinas Injury Lawyers
- Frequently Asked Questions
- Schedule Your Free Consultation
Do You Need a Lawyer After a Motorcycle Accident in Austin?
Almost always, yes. Motorcyclists nationally are about 28 times more likely to die in a crash than someone in a passenger car, mile for mile, according to NHTSA’s most recent data. Riders absorb the force of a crash directly.
That means motorcycle injuries tend to be more severe and more expensive than a typical car accident, even at lower speeds.
It also means insurance adjusters often start with a biased assumption that the rider was reckless. You need someone pushing back on that assumption with evidence, not just your word.
Will Not Wearing a Helmet Hurt My Claim?
Not wearing a helmet doesn’t stop you from recovering compensation. But it can become a factor in how much you recover. Under Texas’s comparative fault rules, an insurer may argue that a head injury would have been less severe with a helmet.
That argument can reduce your payout if it succeeds. Whether it actually holds up depends heavily on the specific facts of your crash and injuries.
Texas law requires riders and passengers under 21 to wear a helmet, full stop. Riders 21 and older can ride without one if they’ve completed a state-approved motorcycle safety course or carry health insurance that covers motorcycle injuries.
This exemption comes from Texas Transportation Code Chapter 661. Being legally exempt doesn’t automatically stop an insurer from raising the argument anyway. That’s exactly the kind of pushback we’re prepared for.
Is Lane Splitting Legal in Texas?
No. Texas law requires drivers, including motorcyclists, to stay within a single marked lane whenever practical. This comes from Transportation Code §545.060. Lane splitting, riding between rows of stopped or slow-moving traffic, isn’t a recognized exception.
If you were splitting lanes when a crash happened, that fact alone doesn’t end your case. But expect the other driver’s insurer to raise it.
Common Causes of Motorcycle Accidents in Austin
Most motorcycle accidents trace back to a handful of recurring patterns. Common causes include:
- A driver turning left across a motorcyclist’s path, often the single most common car-versus-motorcycle crash type
- A driver failing to see a motorcycle at all, especially when checking a blind spot or changing lanes
- Distracted driving, including phone use behind the wheel
- Speeding, by either the motorcyclist or the other driver
- Drivers misjudging a motorcycle’s speed or distance, since bikes appear smaller and farther away than they are
- Loose gravel, sharp curves, or poor road surfaces, which show up often on the farm-to-market roads west of Austin that draw a lot of weekend riders
Injuries Common in Motorcycle Accidents
Motorcycle crashes tend to cause more severe injuries than car accidents because there’s no frame or airbag absorbing the impact. Common injuries include:
- Traumatic brain injuries, which can occur even in lower-speed crashes and don’t always show symptoms right away
- Road rash, which can require skin grafts in severe cases
- Broken bones, especially in the legs, arms, and collarbone
- Spinal cord injuries, which can cause permanent disability
Compensation You Can Recover After a Motorcycle Accident
A successful motorcycle accident claim can cover both your immediate costs and the long-term impact of a serious injury. Compensation typically includes:
- Past and future medical bills, including surgery and rehabilitation
- Lost wages and any long-term loss of earning capacity
- Pain and suffering and emotional distress
- Property damage to your motorcycle and gear
If the at-fault driver doesn’t carry enough insurance to cover your injuries, your own uninsured or underinsured motorist coverage can help fill that gap. This comes up often, since motorcycle injuries tend to cost more than a typical car accident claim.
The Cost of Hiring an Austin Motorcycle Accident Lawyer
Nothing upfront. We handle motorcycle accident cases on a contingency fee, which means you pay no attorney’s fees unless we recover compensation for you. Your initial consultation is free, with no obligation to hire us afterward.
How Long Do You Have to File a Motorcycle Accident Claim in Texas?
Texas generally gives you two years from the date of the crash to file a personal injury lawsuit. Miss that deadline and you typically lose the right to recover at all, regardless of how strong your case would have been.
What to Do After a Motorcycle Accident in Austin
What you do in the first hours and days after a crash can affect both your health and your claim. Here’s what matters most:
- Get medical care right away, even if you feel mostly fine. Some injuries, including TBIs, don’t show symptoms immediately.
- Call the police so a crash report gets filed.
- Photograph the scene, your bike, your gear, and your injuries before anything gets repaired or thrown away.
- Get the names and contact information of any witnesses.
- Avoid giving a recorded statement to the other driver’s insurer before talking to a lawyer. Adjusters sometimes use helmet or gear questions to set up an argument before you know your rights.
Why Austin Riders Choose George Salinas Injury Lawyers
Motorcycle cases require pushing back on a bias that doesn’t show up in standard car accident claims: the assumption that the rider was reckless simply because they were on a bike. We prepare every case for trial from Day 1 to ensure insurance companies take your claim seriously.
- The Insider’s Advantage: Our team includes attorneys who previously represented insurance companies. We know exactly how carriers evaluate claims and how they attempt to minimize payouts. We preempt their strategies before they are even executed, allowing us to build a stronger case from the start.
- Proven Results: We bring over 110 years of combined legal experience and a track record of over $100 million recovered for our clients. We don’t accept the first number an adjuster offers; we build a detailed damage model based on facts and expert testimony.
- Trial-Ready Authority: George Salinas is a member of the American Board of Trial Advocates (ABOTA)—an elite, invitation-only group that requires extensive jury trial experience and peer approval.
- Local Insight & 24/7 Service: From city intersections to the Hill Country routes west of town, we know the roads and the local courts. You will work directly with our team, not a call center, and we are available 24/7 to assist you in English or Spanish.
Meet Our Top-Rated Austin Motorcycle Accident Attorneys
Ask George Salinas Injury Lawyers
Q: Will the insurance company automatically blame me because I was on a motorcycle?
A: They might try to, even when the facts clearly show the other driver was at fault. This bias against riders is well documented. That’s exactly why having someone build your case with evidence, not assumptions, makes such a difference in motorcycle claims specifically.
Q: What if the other driver said they didn’t see me?
A: That’s not a defense. It’s often an admission. “I didn’t see them” usually points to a driver who failed to look properly before turning or changing lanes, which can support your claim rather than undermine it.
Q: Can I still get compensation if I wasn’t wearing protective gear, like a jacket or riding boots?
A: Yes. Texas doesn’t require specific riding gear beyond the helmet rules. Insurers rarely succeed in blaming an injury on a missing jacket. Helmet use is the one gear-related issue that can realistically affect your claim’s value.
Q: Does my own motorcycle insurance cover a crash someone else caused?
A: It can, especially through uninsured or underinsured motorist coverage if the at-fault driver’s policy isn’t enough to cover your injuries. We check every available policy early. Identifying the right coverage can significantly change what you’re able to recover.
Frequently Asked Questions
What if I was riding a friend’s motorcycle or a rental when the crash happened?
You can still pursue a claim. Coverage questions get more complex when you weren’t riding your own bike, since multiple policies may apply, but that complexity is something we sort out, not something that should stop you from calling.
Will my case go to trial?
Most motorcycle accident claims settle before trial, but we prepare every case as though it’s headed to a jury. That preparation is often exactly what convinces an insurer to offer a fair settlement instead of risking a verdict.
What if I was found partially at fault for the crash?
You can still recover compensation as long as you’re found 50% or less at fault, though your payout is reduced by your percentage of responsibility. For example, $400,000 in damages with 20% fault assigned to you would reduce your recovery to $320,000.
Do I need a lawyer if my injuries seem minor right now?
It’s worth a free conversation regardless. Some motorcycle injuries, especially concussions and soft tissue damage, get worse or become more apparent days after the crash, and a quick insurance settlement now can’t be reopened later if that happens.
Schedule Your Free Consultation
If a motorcycle accident left you hurt in Austin, don’t let an insurance company’s bias against riders set the value of your claim. Call George Salinas Injury Lawyers at (512) 851-1004 for a free consultation in English or Spanish. There’s no fee unless we win.