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Motorcycle Accidents in Texas

A motorcycle crash can change your health, your work and your finances quickly. This page explains in plain language what often matters after a crash in Texas, including if you now live in Mexico.

Calling from Mexico? Use WhatsApp: the 1-888 number may not connect from there.

Why motorcycle crashes are often different

A rider has very little between their body and the pavement or another vehicle, so these crashes often cause serious injuries, such as fractures, deep road rash, and head or spinal injuries. Some injuries are not fully apparent at first, so a medical evaluation matters even if you feel you were able to get up and walk away.

Recovery can take time and affect work, family and daily life. Every case is different, and nothing on this page predicts what will happen in yours.

When an insurer blames the rider

After a crash, an insurer will sometimes suggest that the rider was going too fast, riding unsafely or was hard to see, even when another driver turned in front of them or changed lanes without looking. That is why showing how the crash actually happened often matters.

In Texas, responsibility for a crash can be shared among the people involved. The share assigned to a person can reduce what they may recover and, generally, if it is found to be more than half, recovery is barred. How this applies depends on the case.

Hurt in an accident in Texas?

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Document the scene and keep your gear

If you are able and it is safe, documenting the scene helps. If you cannot, ask someone you trust to do it as soon as possible, because a scene changes quickly.

It is often wise to avoid repairing, selling or discarding your helmet, gear or bike before they are documented, because the damage may show how the crash happened and photos of that damage can matter. If the bike is at a tow yard or with an insurer, find out where it is, what storage charges may apply and what will happen to it before making any decision.

These items are often useful:

  • Photos and video of the vehicles, the road, signals and skid marks
  • Photos of your injuries, now and as they heal, including road rash
  • Name, phone number and insurance details of the other drivers, plus witness contact information
  • The police report number, if a report was made
  • Your helmet, clothing and protective gear, with photos of any damage, and the motorcycle, just as they were after the crash
  • Notes on pain, symptoms and missed work

Medical records and deadlines

Seek medical care and follow your providers' instructions. Records, bills and notes often show the injuries and treatment connected to the crash, and imaging such as X-rays, CT scans or MRIs can matter for fractures or head and spine injuries. Insurers sometimes question how serious an injury is when there are gaps in care. If you continue treatment in Mexico, keep those records and receipts as well.

Time matters too. For many Texas personal-injury claims the general deadline is two years (Texas Civil Practice and Remedies Code section 16.003), but exceptions exist. Claims involving a government entity, for example, can have shorter notice requirements. Each case is different.

What to have ready when you reach out

If you would like to talk about what happened with Perales Legal PLLC, Diego, a virtual assistant, answers phone calls first, and Lola, also a virtual assistant, answers WhatsApp messages first. Neither of them is a lawyer.

It helps to have the date and place of the accident, the police report number, any insurance details and photos you have gathered, and where the motorcycle is now, but you do not need to have everything to start the conversation.

FAQ

What people usually ask

What should I do first after a motorcycle accident in Texas?
Your health comes first: get medical care even if injuries seem minor, because some do not show up right away. If you can do so safely, photograph the scene and the vehicles and write down the other drivers' details, witness information and the police report number. Before giving a recorded statement to the other side's insurer, it can help to understand your options; what applies can differ, for example with your own insurer, and depends on the situation.
Should I keep my helmet, gear and motorcycle after a crash?
Generally, yes: it often helps to keep your helmet, gear and motorcycle as they were after the crash and to avoid repairing, selling or discarding them until they have been documented, because damage patterns can help show how the crash happened. If a tow yard or insurer is holding the motorcycle, storage charges and total-loss decisions can move quickly, so ask about next steps and document the bike thoroughly before agreeing to anything.
What if the insurance company says the accident was my fault?
An insurer's position on fault is generally not the final word. Texas law allows responsibility to be divided among the people involved: a person found more than half responsible generally cannot recover, and a smaller share generally reduces what they can recover. Photos, witness details, the police report and medical records can help show what happened, and the outcome depends on the case.
How long do I have to file a claim after a motorcycle accident in Texas?
Many Texas personal-injury claims generally have a two-year deadline under Texas Civil Practice and Remedies Code section 16.003, with exceptions, and notice requirements can be shorter when a government entity is involved. Living in Mexico generally does not extend that deadline, although exceptions can exist and each case is different. It is wise not to wait to find out which deadline may apply to yours.

General information, not legal advice. Deadlines depend on each case.

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8207 Callaghan Rd, Suite 150
San Antonio, TX 78230 · View map
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