Motorcycles are a popular form of transportation throughout Texas. They save on fuel costs, require less parking space than cars, and offer an enjoyable way to travel. However, despite their several perks, these vehicles also pose risks to their riders and passengers.
For instance, in 2023, Texas documented nearly 600 motorcyclist deaths, and another 2,400 were seriously injured. Motorcycle crashes tend to be much more severe than a typical wreck between two equally sized cars. The impact on the rider is greater due to the lack of external protection, often resulting in more severe damage and injuries.
If you or your loved one has been injured in a motorcycle collision, know that there are legal options available to you. Contact Joe and The Stephens Law Firm today to schedule a free consultation to discuss your claim.
KEY TAKEAWAYS
- Drivers involved in a motorcycle crash in Texas must follow specific legal procedures to prioritize safety and ensure proper reporting.
- At the scene, individuals should document evidence, gather information from witnesses and the driver, request a police report, and avoid discussing liability.
- In the aftermath of a crash, victims should seek medical care, notify their insurance provider, preserve evidence, avoid social media and early settlements, and remain consistent with treatment.
Your Legal Duties at the Crash Scene
Under Texas Transportation Code § 550.021, all drivers involved in an accident have the legal duty to stop and remain at the scene. Some immediate safety steps include moving out of traffic, if possible, and turning on hazard lights.
Able-bodied individuals should attempt to provide aid if possible. However, avoid moving injured parties unless they are in immediate danger. For example, if someone is in the path of oncoming traffic, it is important to help move them to the sidewalk or to an area where they will not be hit. If they are in a safe area, do not attempt to move them, as they could have injuries that could be exacerbated by movement.
Calling 911 is mandatory to report any injuries or property damage, even if the other driver wishes to settle privately. When speaking with emergency services, provide your location, the number of vehicles involved, any visible injuries, and any hazards present on the roadway.
Does Texas Have a Helmet Law?
Motorcyclists must obey Texas helmet laws, which require riders under 21 to wear a DOT-compliant helmet. Adults over this age may legally ride without a helmet if they carry qualifying health insurance or have completed an approved safety course.
Failing to comply with these mandatory motorcycle and car accident laws can result in a slew of consequences, including criminal charges and harm to an insurance claim or motorcycle accident lawsuit.
Document the Scene of the Accident and Exchange Information
Once you have reported the accident and offered aid to injured parties, you can take steps to protect your potential claim for compensation.
Collecting Witness Information
To begin, you should collect the following information from all other drivers who were involved in the incident:
- Name
- Address
- License number
- License plate
- Insurance company
- Policy number
If any witnesses are present, request their contact information. Witness statements can prove extremely valuable as testimonial evidence.
Document the Scene
At the scene of the accident, take photos and videos of the surrounding conditions, including:
- Vehicle positions and damage
- Skid marks
- Traffic signs
- Road conditions
- Lighting and weather conditions
Include photos and videos of anything that might have contributed to the accident and the effects of the incident. It is important to prioritize this, as the scene is not permanent and will eventually be cleared, thereby removing essential evidence.
Request Other Party Information, but Avoid Admitting Fault
You must communicate with the other involved drivers to make sure they are okay and get their contact and insurance information. However, try to avoid discussing the incident or apologizing. Similarly, if any witnesses are present, request their contact information.
When someone else’s mistake puts you in harm’s way, you deserve more than just a quick insurance payout. We help everyday Texans get the support and compensation they need to move forward after a car accident.
Steps To Take Within 72 Hours of a Motorcycle Crash
Within the first 72 hours of a crash, there are additional steps you can take that will help preserve your potential personal injury claim.
Request a Copy of the Official Accident Report
A formal police report is non-negotiable evidence. You can request a copy of your report as soon as the police complete their investigation and file it. It is important to have this prior to filing your claim because it contains vital facts from the case, such as statements and fault assessments.
See a Doctor
Seeing a doctor to assess your injuries is important for your health and well-being. But a professional medical evaluation also provides necessary legal documentation. It connects your injuries to the accident and can be used as part of your claim when calculating damages.
Report the Accident to Insurance
You are required to report the incident to your insurance company. However, this does not mean you must give recorded statements that could be used against you later. Stick to the basic facts and provide the date, time, and location of the crash. Let them know how many vehicles were involved and confirm coverage and claim numbers. Avoid speculation about speed, distances, or whether you share fault.
Never Accept an Initial Settlement Offer
Insurers are trained to get injured parties to accept low settlements. Don’t be surprised if an insurance adjuster tries to offer you a settlement immediately following the crash. It might be tempting to accept the initial amount. However, once you accept a settlement offer, you cannot go back and ask for more. It is better to wait until you have seen a doctor and spoken with an attorney. This ensures that you have the information needed to calculate your damages and understand the worth of your claim.
Avoid Posting on Social Media
Anything you post on social media could be used against you in your accident claim. Even seemingly vague posts intended only for family and friends could ultimately be used against you. Insurers may seek out these types of posts to minimize your claim and shift the fault of an accident onto you.
Preserve Damaged Gear for Evidence
While it may not seem practical, don’t throw away damaged and broken gear from your accident. Helmets, motorcycles, jackets, and other items present at the time of the crash serve as physical evidence of the impact.
Be Consistent With Your Medical Care
Be consistent with your medical care to support recovery and ensure proper documentation of your injuries. Attending follow-ups and following your treatment plan also helps create a clear record linking your injuries to the accident.
Consult a Texas Motorcycle Accident Attorney for Free
Even if you aren’t sure you need an attorney, you should call. We provide free case evaluations and consultations. A Texas lawyer who has experience in personal injury cases can help you:
- Collect evidence
- Reconstruct the accident
- Assess your damages
- Negotiate with insurance companies
- Prepare for a trial
At The Stephens Law Firm, we operate on a contingency fee basis. This means that there are no upfront costs to you, and you only pay if you are offered a settlement or we win your case at trial. Attorney Joe Stephens protects riders from aggressive insurance tactics and ensures all paperwork and deadlines are met.
Check out our case results and client testimonials to learn more. Schedule your free appointment today by calling us at (281) 201-0035 or filling out our online form.
