Common causes
Each accident is different. A careful review can show how the injury happened and who may be responsible. Common causes include:
- Cars turning left in front of riders
- Unsafe lane changes
- Speeding or distracted driving
- Drivers following too close
Evidence that may help
Evidence can be lost or changed. Photos, video, records, and witness details should be saved as soon as it is safe to do so.
- Helmet, bike, and riding gear
- Scene photos and nearby video
- Witness and crash report details
- Medical records and expert review
Visibility disputes and comparative responsibility
Motorcycle claims often turn on perception and reaction time. A driver may say the motorcycle was hard to see or moving too fast. Sight distance, lighting, traffic timing, skid marks, vehicle data, and reconstruction evidence may help test those claims.
Texas proportionate responsibility rules apply. Helmet use is a separate issue from who caused the collision, although a defendant may try to connect helmet use to the type or extent of a head injury. That argument requires evidence of causation. The legal effect of Texas helmet requirements also depends on the rider's age and statutory qualifications.
Many Texas injury lawsuits must be filed within two years. Some claims have shorter notice rules or different deadlines. A claim against a city or other government body may require fast written notice. It is wise to have the deadline checked early.
What may be recovered?
Motorcycle injuries may include broken bones, road rash, brain injury, spinal injury, scars, lost wages, pain, and future medical needs.