Riding through the Hill Country or across San Antonio should be about freedom. A driver who doesn’t check a blind spot can change that in a second. After a motorcycle crash, riders often face serious injuries, a damaged bike, and an insurance company that is quick to blame the rider. Here is what to know about motorcycle claims in Texas.

Why are motorcycle claims harder than car claims?

Riders have far less protection in a collision, so injuries tend to be more serious, including fractures, road rash, head and spinal injuries, and long recoveries. Insurers also know that some people assume motorcyclists ride recklessly, and they may lean on that bias to shift blame onto the rider.

How does fault work in a Texas motorcycle crash?

Texas follows proportionate responsibility. A claimant “may not recover damages if his percentage of responsibility is greater than 50 percent” (Tex. Civ. Prac. & Rem. Code § 33.001). If you are 50% or less at fault, your recovery is reduced by your percentage of fault.

That is why insurers work hard to raise a rider’s share of blame. For example, an adjuster may focus on a lane change you made just before a car drifted into you, even if the driver was texting and never checked a mirror. Evidence such as witness statements, photos, dash or traffic camera video, and the police report can show what actually happened.

What are the Texas lane rules for motorcycles?

Since September 1, 2023, Texas has a statute written specifically for motorcycles on multi-lane roads, Tex. Transp. Code § 545.0605. Under it:

• Riders get the whole lane. A motorcycle operator “is entitled to full use of a lane,” and other drivers may not drive in a way that deprives a motorcycle of the full use of a lane.
• Two side by side is allowed. Two motorcycles may ride two abreast in a single lane.
• More than two abreast is not. Riders may not ride more than two abreast in one lane.
• No lane splitting. Riders may not ride between lanes of traffic moving in the same direction.
• No passing in the same lane. Riders may not pass a vehicle while in the same lane as that vehicle. The statute has no exception for stopped or slow traffic.
• Officers on duty are exempt from the last three rules.

These rules cut both ways in a claim. A driver who crowds or squeezes a rider out of the lane may have violated the statute. A rider who was splitting lanes may be assigned a share of fault. Every crash turns on its own facts.

Does not wearing a helmet hurt my claim?

Under Tex. Transp. Code § 661.003, riders and passengers under 21 must wear a helmet. Riders 21 and older may ride without one if they have completed an approved motorcycle operator training and safety course or are covered by a health insurance plan that pays medical benefits for motorcycle injuries. Police may not stop a rider just to check for the course or the insurance (§ 661.003(c-1)).

Even when riding without a helmet is legal, insurers may argue that a missing helmet made a head injury worse. That argument doesn’t change who caused the crash, but it is one more reason to have the facts documented carefully.

What should I do after a motorcycle crash?

• Get medical care right away, even if you think you are fine.
• Call police and ask for a crash report.
• Photograph your bike, the other vehicle, the road, your gear, and your injuries.
• Get names and phone numbers for witnesses.
• Keep your damaged helmet and gear. They can be evidence.
• Don’t give a recorded statement to the other driver’s insurer before talking with a lawyer.

What coverage might apply?

The at-fault driver’s liability insurance is usually the first source of recovery. Your own motorcycle policy may include personal injury protection (PIP) and uninsured/underinsured motorist (UM/UIM) coverage. Texas policies must include them unless a named insured rejected them in writing (Tex. Ins. Code §§ 1952.101, 1952.152), and PIP pays without regard to fault (§ 1952.155). UM/UIM can matter a great deal when the driver who hit you has little or no insurance. Review your policy, or have a lawyer review it with you.

Frequently Asked Questions

How long do I have to file a motorcycle accident claim in Texas?

The deadline to file a personal injury lawsuit is generally two years from the crash (Tex. Civ. Prac. & Rem. Code § 16.003), with some exceptions. Claims involving government vehicles require written notice within six months, or sooner under some city charters (Tex. Civ. Prac. & Rem. Code § 101.101).

Is lane splitting legal in Texas?

No. Since September 1, 2023, Tex. Transp. Code § 545.0605 prohibits riding between lanes of traffic moving in the same direction and passing a vehicle in the same lane. Two motorcycles may ride side by side in one lane, and drivers may not crowd a motorcycle out of its lane. A rider who was splitting lanes may be assigned a share of fault, but every crash turns on its own facts.

Can a driver legally share my lane?

No. Under § 545.0605, a motorcycle is entitled to the full use of a lane, and other vehicles may not be driven in a way that takes that away. A driver who drifts into or squeezes a rider’s lane may be at fault for the crash that follows.

Can I recover for my bike and gear?

Property damage, including your motorcycle and riding gear, is typically part of the claim along with your injuries.

Talk With Caquias Law Group, PLLC

If you were hurt in a motorcycle crash, attorney Tomas Caquias can review what happened in a free consultation and explain your options. We have offices in San Antonio and Harlingen and represent injured riders across Texas. Se habla español.

Call (210) 996-2237 in San Antonio or (956) 435-7789 in Harlingen.

Every case is different, and no particular result is guaranteed. This article is general information, not legal advice.