Motorcycle accidents often lead to serious injuries, emotional distress, and unexpected financial burdens for riders and their families. Many injured riders in Texas wonder, Who is at fault in most motorcycle accidents? Determining fault isn’t just about assigning blame; it directly impacts how much an injured rider can recover through an insurance claim or lawsuit.
When another driver’s carelessness causes a crash, a lawyer experienced in motorcycle accident claims can help gather evidence, handle insurers, and protect your rights. If you or a loved one was hurt in a motorcycle collision caused by someone else’s actions, reach out to a motorcycle accident lawyer near you for a free consultation to review your options.
Key Takeaways: Who’s At Fault in Texas Motorcycle Accidents
- Most motorcycle accidents occur because car drivers fail to see or yield to riders.
- Texas uses a modified comparative negligence rule, which means fault can be shared among multiple parties.
- Lane splitting is illegal in Texas and can affect liability if it contributes to a collision.
- Strong evidence such as police reports, photos, and witness statements can strengthen your claim.
- An experienced legal team can help hold negligent drivers and insurers accountable.
Who Is Typically at Fault in Motorcycle Accidents?
Motorcycle crashes happen for many reasons, but drivers of passenger vehicles are most often responsible. These accidents occur across Dallas, including high-traffic areas like Interstate 35E, Mockingbird Lane, and South Lamar Street, where congestion and poor visibility increase risks.
Car Drivers Are at Fault in the Majority of Cases
Car and truck drivers often cause motorcycle accidents by failing to look for smaller vehicles on the road. Common driver errors include changing lanes without checking blind spots, following too closely, or turning in front of an oncoming motorcycle. Many drivers simply misjudge a rider’s distance or speed, resulting in collisions that could have been avoided.
Left-Turn Accidents Are the Most Common Scenario
One of the leading causes of motorcycle crashes involves left turns at intersections. A driver turning left in front of an oncoming motorcycle often claims they didn’t see the rider or thought they had enough time to turn. Intersections like those along Belt Line Road or Gaston Avenue are frequent sites of these accidents. In most cases, the driver making the left turn is found at fault for failing to yield.
Visibility Issues Often Lead to Driver Negligence
Motorcycles are smaller and easier to overlook, especially when drivers are distracted. Glare, blind spots, and visual clutter can make it harder for motorists to spot a rider. However, drivers still have a legal duty to watch for all vehicles, including motorcycles. When they fail to do so, they can be held accountable for the harm they cause.
What Does Texas Law Say About Motorcycle Accident Fault?
Texas laws outline how fault is determined and how each party’s actions influence financial recovery. Understanding these rules helps injured riders know what to expect after a crash.
Texas Follows Modified Comparative Negligence Rules
Texas applies a modified comparative negligence system. This means that each party involved in an accident can share a percentage of the blame. A rider can still recover damages if found partially at fault, but their recovery is reduced by their percentage of fault.
For example, if a rider is found 20 percent responsible, they can still pursue 80 percent of their total damages.
However, anyone more than 50 percent responsible cannot recover damages.
Lane Splitting Is Illegal in Texas
Lane splitting happens when a motorcycle rides between lanes of slow or stopped traffic. While legal in some states, Texas law prohibits it. If a crash occurs while a motorcyclist is lane splitting, the other driver’s negligence may still play a role, but the rider’s action could affect how fault is assigned.
Texas Helmet Law Requirements
Texas law requires riders under 21 to wear helmets. Riders over 21 may choose not to wear one if they’ve completed a safety course and carry appropriate insurance. Not wearing a helmet doesn’t automatically mean the rider is at fault, but it could influence how damages are evaluated if head injuries occur.
Insurance Requirements for Motorcyclists in Texas
All Texas motorcyclists must meet minimum insurance coverage requirements, known as 30/60/25 coverage:
- $30,000 for injuries per person
- $60,000 for injuries per accident
- $25,000 for property damage
These limits often fall short after a serious crash, especially when medical costs and lost wages add up. That’s why holding the at-fault driver accountable is so important.
How Is Fault Determined in a Texas Motorcycle Accident?
After a motorcycle accident, investigators look at several types of evidence to determine who caused the crash. Every detail matters in building a strong case.
Police Reports and Accident Investigation
Police officers who respond to the scene document key details, including statements from both drivers, diagrams, and any citations issued. Their findings carry weight when insurers or courts review fault.
Witness Statements and Testimony
Independent witnesses provide valuable insights about how the collision occurred. Their accounts often help confirm that a motorist acted carelessly or violated traffic laws.
Traffic Camera and Dashcam Footage
Video evidence from nearby cameras or dashcams can show the moments before impact. Footage from busy areas like U.S. Highway 75 or the Dallas North Tollway often helps prove fault.
Accident Reconstruction Experts
When details are disputed, accident reconstruction professionals use physical evidence and scientific analysis to recreate what happened. Their findings can demonstrate how driver behavior led to the collision.
Physical Evidence from the Scene
Debris patterns, skid marks, and vehicle damage tell an important story. This evidence often supports a rider’s account and helps identify how fast vehicles were traveling or whether brakes were used properly.
Common Causes of Motorcycle Accidents in Texas
Many factors contribute to motorcycle crashes in Dallas and throughout Texas. Some result from momentary distractions, while others involve reckless or unlawful behavior.
Distracted Driving
Texting, adjusting the radio, or using a GPS device takes a driver’s attention away from the road. Even a few seconds of distraction can lead to a serious motorcycle collision.
Failure to Yield Right-of-Way
Drivers often fail to yield when a motorcycle has the legal right-of-way, especially at intersections or when merging. These violations are among the top causes of preventable crashes.
Speeding and Reckless Driving
High speeds reduce reaction time and increase the severity of injuries in any collision. On stretches of highway like LBJ Freeway, speeding contributes to numerous motorcycle accidents every year.
Driving Under the Influence
Alcohol or drug impairment slows reaction time and impairs judgment. Drunk or drugged drivers put every motorcyclist on the road at risk, and they can be held financially responsible for the resulting harm.
Road Hazards and Poor Road Maintenance
Uneven pavement, potholes, or debris on the roadway can cause a motorcycle to lose control. When government agencies or contractors fail to maintain roads, they may share responsibility for accidents.
Vehicle Blind Spots
Because motorcycles are smaller, they often disappear into a vehicle’s blind spots. Drivers who change lanes without checking mirrors or signaling properly cause many collisions that could have been avoided.
What Happens If Multiple Parties Are at Fault?
Some motorcycle accidents involve more than one negligent party. Texas law allows responsibility to be divided among those who contributed to the crash.
How Texas Allocates Fault Among Multiple Parties
Investigators, insurers, and courts assign each party a percentage of fault based on evidence. This allocation affects how much compensation each party can recover.
The 51% Bar Rule in Texas
Under Texas law, anyone more than 50 percent responsible for a crash cannot collect damages. This rule encourages fairness by preventing those primarily responsible from pursuing compensation.
Impact on Your Compensation
If multiple parties share blame, your compensation will reflect that distribution. A strong legal strategy focuses on minimizing your share of fault while holding negligent parties accountable.
Defensive Riding and Legal Protection
Defensive riding means anticipating potential hazards and maintaining safe distances. Riders who follow safety laws and wear proper gear not only reduce risk but also strengthen their legal position if an accident occurs.
What Evidence Do You Need to Prove Fault?
Building a strong motorcycle accident claim requires solid evidence. The following items often make a difference in establishing who caused the crash.
Medical Records and Documentation
Medical records link your injuries directly to the accident and provide proof of treatment costs. They also show how the crash affected your health and ability to work.
Photographic Evidence from the Scene
Photos of vehicle damage, road conditions, and visible injuries help illustrate how the collision occurred. Always take pictures if it’s safe to do so.
Maintenance Records and Vehicle Inspections
Proof of recent maintenance or repairs can show that your motorcycle was in proper working condition. This helps refute any claims that mechanical issues contributed to the crash.
Cell Phone Records in Distracted Driving Cases
When a driver was texting or calling at the time of the crash, cell phone data can be critical. Your attorney can request these records to confirm distracted driving.
How Our Attorneys Can Help
At DFW Injury Lawyers, we understand the difficulties injured riders face after a serious accident. We take a hands-on approach to investigating every case and helping clients pursue fair outcomes.
We Investigate Every Aspect of Your Accident
Our team reviews police reports, medical documents, and witness statements to uncover every contributing factor. We leave no detail unchecked when determining who should be held responsible.
We Fight Against Unfair Fault Allegations
Insurance companies sometimes try to shift blame onto motorcyclists. We work to counter these tactics by presenting evidence that clearly shows how the other party caused the crash.
We Handle Insurance Company Tactics
Insurers may undervalue claims or delay payments. Our lawyers handle all communication with the insurance company and push for a fair resolution that reflects the full scope of your losses.
We Calculate Your Full Damages
We help document all losses tied to your accident, including medical costs, property damage, missed income, and long-term care needs. Clear documentation strengthens your case for fair compensation.
We Take Cases to Trial When Necessary
Most motorcycle accident claims settle out of court, but we’re prepared to present your case before a jury if the at-fault party or their insurer refuses to accept responsibility.
Frequently Asked Questions About Texas Motorcycle Accidents
What should I do immediately after a motorcycle accident to protect my claim?
Call 911, get medical attention, and request a police report. If possible, take photos of the scene, gather witness contact information, and exchange details with the other driver. Then, contact a lawyer before speaking with any insurance company.
How long do I have to file a motorcycle accident claim in Texas?
Texas gives injured parties two years from the date of the accident to file a personal injury claim. Missing this deadline usually means losing the right to pursue compensation.
What if the other driver doesn't have insurance?
If the at-fault driver is uninsured or underinsured, you may turn to your own insurance policy for coverage. Your attorney can help explore all available options for financial recovery.
Can I still recover compensation if I wasn't wearing a helmet?
Yes. Not wearing a helmet doesn’t automatically prevent you from recovering damages. However, the insurance company may argue that it contributed to your injuries, which could affect the amount you receive.
How much is my motorcycle accident case worth?
Every case is unique. Factors like medical expenses, lost wages, property damage, and long-term care needs all influence value. An attorney can review your specific situation and estimate a fair settlement range.
Let Our Motorcycle Accident Attorneys in Texas Help
Motorcycle accident claims require prompt action to preserve evidence and meet legal deadlines. The sooner you contact an attorney, the stronger your case may be. At DFW Injury Lawyers, we represent riders across Dallas and throughout Texas who’ve been hurt because of someone else’s negligence.
We build cases with detailed evidence, clear communication, and a commitment to accountability. Our team can review your claim, handle the insurance process, and help you pursue fair financial recovery for your injuries and losses.
Contact us today for a free, no-obligation consultation with one of our personal injury attorneys.
Pedro “Peter” de la Cerda
Founder
Attorney Pedro “Peter” de la Cerda is a co-founder of DFW Injury Lawyers. As a young attorney looking for courtroom experience, Mr. de la Cerda began his career defending physicians, nurses, hospitals, trucking, and manufacturing companies in disputes involving personal injury, medical malpractice, products liability, and toxic tort. After seeing many people who were truly injured and deserving of fair compensation, however, Mr. de la Cerda was moved to cross the courtroom aisle and prosecute cases on behalf of plaintiffs in personal injury cases.
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