Who Is Responsible for a Motorcycle Accident in Texas?

Responsibility for a Texas motorcycle accident can fall on more than one person or company. The driver who caused the crash is the most common defendant, but an employer, a vehicle owner, a bar, a mechanic, a road contractor, a government agency, or the maker of a defective part may also share liability. The rider’s own conduct matters too, because Texas reduces or bars recovery based on each party’s percentage of fault.

The stakes are high. TxDOT reported that in 2020, 482 motorcyclists were killed and 1,856 were seriously injured in 7,481 motorcycle crashes on Texas roads. Motorcycles lack the airbags, seatbelts, and steel frame that protect people in cars, so injuries are often catastrophic. A Texas motorcycle accident lawyer can identify every party who may be responsible, which can affect how much insurance coverage is available to pay for your losses.

Every Party That May Be Responsible for a Motorcycle Crash

Most claims start with the at-fault driver, but a full investigation often uncovers others. Each potential defendant below has its own legal standard and, in many cases, its own insurance policy.

The Other Driver

Drivers who turn left across a rider’s path, merge into an occupied lane, follow too closely, speed, drive distracted, or drive while intoxicated are the most frequent cause of motorcycle crashes. Texas drivers owe others on the road a duty of reasonable care, and a driver who breaks traffic laws or fails to watch for motorcycles may be found negligent. When a lane change into a rider is the issue, our guide to fault in a blind spot motorcycle accident explains how lane-position evidence is used to prove it.

The Driver’s Employer

If the driver was working at the time, such as making deliveries, driving a company truck, or running a work errand, the employer may be responsible for the employee’s negligence under the legal doctrine of respondeat superior. Employers can also be directly liable for hiring a driver with a poor record, failing to train, or pushing unrealistic schedules. This often matters because business auto policies typically carry higher limits than personal policies.

The Vehicle Owner

Texas recognizes negligent entrustment, which can make a vehicle owner responsible for lending a car or truck to someone the owner knew or should have known was unlicensed, incompetent, or reckless. Insurance tied to the vehicle may also provide coverage when a permitted driver causes a crash.

A Bar or Restaurant That Over-Served the Driver

Under the Texas Dram Shop Act, Section 2.02 of the Alcoholic Beverage Code, a business licensed to sell alcohol may be liable if it served someone who was obviously intoxicated to the point of presenting a clear danger to themselves and others, and that intoxication was a proximate cause of the crash. These claims require early investigation of receipts, video, and witness accounts.

A Mechanic or Repair Shop

Brakes, tires, chains, and steering components that were serviced improperly can fail without warning. A repair shop or dealership that did negligent work on the motorcycle, or on the other vehicle involved, may share responsibility. Service records and an inspection of the failed part usually decide these claims.

The Manufacturer or Seller of a Defective Product

When a tire, brake system, throttle, or other component fails because of a design or manufacturing defect, the manufacturer may be liable under Chapter 82 of the Texas Civil Practice and Remedies Code. Sellers that did not make the product are protected unless an exception applies, such as altering the product or knowing it was defective. Our article on who is at fault when a motorcycle tire blows out covers product claims in detail.

A Government Entity or Road Contractor

Potholes, missing signs, loose gravel, uneven pavement, and poorly marked construction zones are far more dangerous on two wheels. A city, county, or the state may be liable in limited situations under the Texas Tort Claims Act, which caps damages and generally requires written notice within six months under Section 101.101, with some cities requiring notice sooner. Private contractors working on a roadway can be sued under ordinary negligence rules. See our article on highway design flaws and North Texas motorcycle accidents for more on road-condition claims.

When the Rider May Share Responsibility

Insurers look closely at the rider’s conduct, because every percentage point of fault assigned to the rider reduces what they pay. Certain behaviors make that argument easier:

• Lane splitting: Riding between lanes of traffic moving in the same direction is prohibited by Texas Transportation Code Section 545.0605. If you were lane splitting (also called white-lining or lane sharing) when a crash happened, you may be assigned a significant share of fault.
• Riding under the influence: An intoxicated rider faces criminal exposure and a strong comparative fault argument in any civil claim.
• Speeding or weaving: Traveling much faster than surrounding traffic makes it harder for other drivers to judge a motorcycle’s approach.
• Distraction or inexperience: Using a phone while riding, or riding beyond your skill level, can be used to shift blame.
• Riding without a Class M license: Texas requires a motorcycle license, which includes completing an approved safety course. Our guide to motorcycle licenses in Texas explains the requirements.

None of these automatically defeats a claim. They are factors a jury weighs against what the other parties did, which is why a careful investigation of every party’s conduct matters.

How Texas Divides Fault Among Multiple Parties

Texas uses a modified comparative fault system, set out in Chapter 33 of the Civil Practice and Remedies Code. The jury assigns a percentage of responsibility to each party, and your recovery is reduced by your own percentage. If you are found more than 50 percent responsible, you cannot recover.

Chapter 33 also allows a defendant to designate a “responsible third party,” someone the defendant claims contributed to the crash. That is one more reason to identify every potentially liable party early. If another party’s share is not investigated, a defendant may point to that party to reduce its own percentage. Our article on comparative negligence in motorcycle accidents walks through examples.

Steps That Protect Your Claim Against Every Responsible Party

The actions you take in the first weeks after a crash can affect your claim against each defendant. Start with these.

1. Do Not Admit Fault

Even if you think you made a mistake, avoid apologizing or guessing about fault at the scene or with any insurance company. Limit what you say to the at-fault party, the insurers, and witnesses until the facts have been investigated. Statements made early can be used to assign you a larger share of responsibility.

2. Follow Your Doctor’s Instructions

Follow your treatment plan, attend appointments, and keep records of every visit. Gaps in treatment are a common reason insurers argue an injury was minor or caused by something else.

3. Preserve Evidence From Every Possible Source

Keep the motorcycle and any failed parts in their post-crash condition. Save photos, video, police reports, medical records, bills, receipts, and notes on your symptoms. Write down the names of witnesses and any businesses with cameras. If a product or repair may be involved, do not let the motorcycle be repaired or salvaged before it is inspected.

4. Watch the Filing Deadlines

Under Texas Civil Practice and Remedies Code Section 16.003, most personal injury lawsuits must be filed within two years of the crash. Claims against a government entity carry the shorter notice requirement described above. Negotiating with an insurer does not pause these deadlines.

5. Do Not Accept an Early Low Offer

A settlement with one party’s insurer usually requires signing a release, and a release may end your claim against that party for good. If an offer does not cover your damages, talk with your attorney before you respond. If no one involved carried enough insurance, our guide to suing uninsured drivers in Texas explains other coverage options.

Reach Out to Motorcycle Accident Lawyer Dale Rose Today

Dale R. Rose has more than 165 first-chair jury trials and nearly 33 years as a licensed attorney, and he began his career as a police officer in Garland, which gives him a practical understanding of how crashes are investigated. If another person’s or company’s negligence caused your injuries while riding, Rose Knows Law can investigate every potentially responsible party and the insurance coverage behind each one, so you can focus on recovering.

Consultations are free, and our fees are based on what we recover for you, with case costs explained in your written fee agreement. Fill out our contact form to schedule a free consultation and case review.

Frequently Asked Questions About Motorcycle Accident Liability in Texas