How Texas Motorcycle Laws Affect My Personal Injury Claim

18th May 2023     Sophia Hogg

How Texas Motorcycle Laws Affect My Personal Injury Claim

Motorcycles offer little to no protection to riders. Therefore, being involved in a Texas motorcycle accident is often a traumatic experience leading to severe physical, emotional, and financial burdens. As such, motorcycle accident victims deserve adequate compensation for injuries and damages. That’s why you may be concerned about how Texas motorcycle laws affect your personal injury case.

While Texas laws protect riders and other road users, the at-fault party and their insurance companies may try to use them against you. Hiring a skilled lawyer is essential when pursuing compensation after a motorcycle accident in Texas.

Texas Motorcycle Laws Applicable to Your Case

Texas has motorcycle laws that all motorists must follow when riding. These laws help keep everyone on the road safe and play a vital role in case of a motorcycle crash. Some of the basic rules that motorists must adhere to when operating or riding on a motorcycle include:

  • Licensing laws: Texas motorcyclists need a class M license and a registration sticker on their license plate.
  • Helmet laws: All Motorcycle riders and passengers under the age of 21 must wear a helmet. Those above 21 may choose not to wear a helmet if they have completed a motorcycle safety course or have liability insurance.
  • Lane-splitting law: Lane-splitting is illegal in Texas. Motorcycles are not allowed to move between two lanes of traffic.
  • Passenger laws: You may only carry a passenger if you have a seat for them. Additionally, children under five years cannot ride as passengers on a motorcycle.
  • Insurance: All riders must have a minimum of $25,000 in property damage coverage, $30,000 body injury liability coverage per injured person, and $60,000 per accident.

In addition to obeying motorcycle laws, motorcyclists are also required to adhere to the state’s vehicle laws. This includes following traffic lights, avoiding distractions, signaling when turning, and riding within the speed limit. All these laws may impact your case. Don’t hesitate to speak to our experienced motorcycle crash lawyer if you have any questions about Texas motorcycle laws.

How Texas Motorcycle Laws Affect Personal Injury Claims

In Texas, the individual or party responsible for the accident may be held liable for the damages incurred. However, determining fault is a complicated process that depends on several factors, including adherence to state laws. Therefore, you may be assigned a share of the blame if you fail to follow the set motorcycle laws moments before the accident.

In such cases, the court will implement the modified comparative fault law in your personal injury claim. The court will determine the total amount of compensation in your claim, and each party, including the victim, will be assigned a percentage of the fault. For example, you may receive $120,000 in a personal injury claim with a total settlement of $200,000 if you were 40% at fault for the accident.

However, you’ll be barred from pursuing compensation from the other party if you’re found to be 51% or more at fault for the accident. It’s always crucial to consult an attorney before pursuing your claim. A lawyer will examine the facts in your case and help determine whether you have a case.

How to Protect Your Rights After a Texas Motorcycle Accident

Unfortunately, you may still be blamed for an accident even after doing everything right and adhering to the motorcycle laws. Negligent motorists often try to take advantage of motorcycle laws to avoid or reduce liability. Their insurance companies do everything possible to place at least 50% of the fault on you. This makes proving fault and receiving your deserved compensation even more challenging.

Therefore, if you’re injured in a Texas motorcycle accident, it may be wise to retain legal counsel. A skilled lawyer will help protect your rights by:

  • Thoroughly investigating the crash
  • Collecting additional evidence
  • Determining all the liable parties, whether it’s a driver, manufacturer, or a defective product
  • Accurately calculate the value of your damages
  • Handle all communication regarding your claim
  • Help you make decisions to strengthen your case

When you work with a skilled attorney at Dale R. Rose, PLLC, be confident that your case is in the hands of the best legal representation. 

Contact an Experienced Texas Motorcycle Attorney at Dale R. Rose, PLLC

As a Texas motorcycle operator, adhering to motorcycle laws is crucial for your safety and well-being. Unfortunately, with so many careless drivers, you may still get injured even after following all the rules. When that happens, you may be eligible for compensation. While this may seem simple, this is where motorcycle laws come into play. They will affect your compensation, and the liable driver may try to use them to undermine your claim. That’s why it’s better to proceed with the guidance of a personal injury attorney.

At Dale R. Rose, PLLC, we deeply understand Texas motorcycle laws and have years of experience helping injured Texas riders hold the negligent parties accountable. We will build a strong case and relentlessly push back against any attempts to misuse traffic laws. Reach out to us today through our contact form or at (972) 634-ROSE (7673) today to arrange a free consultation.


Dale R. Rose

Personal Injury Lawyer

If you or someone you know has been injured in an accident, has been a victim of a workplace accident, or any other personal injury, Dale Rose is the best attorney for you in McKinney, Texas. With 25+ years of experience, Dale is committed to helping you get the compensation & justice you deserve.

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