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Austin Motorcycle Accident Lawyer

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Austin Motorcycle Accident Lawyer

After a motorcycle crash, riders often face two fights at once: recovering from serious injuries and pushing back on the assumption that the rider must have been at fault. An Austin motorcycle accident lawyer can explain how Texas decides fault, how long you have to file, and what the traffic rules actually say about riders.

Riders across Austin and Travis County turn to Breeland Injury Law when an insurer tries to put the blame on them. Call 512-764-3380 or contact us to schedule a free consultation about your crash.

Why Riders Choose Breeland Injury Law After an Austin Crash

Why Riders Choose Breeland Injury Law After an Austin Crash

Insurance adjusters often start from the idea that riders take risks, and they build their offers around it. Matt Breeland knows that approach from the inside, having defended injury claims before switching sides in 2016. He has seen how insurers try to shift blame onto riders, and he builds each case around the facts that answer it: the other driver’s view of the road, the right-of-way rules, and the physical evidence from the scene.

He is also candid about what a claim is realistically worth, and your case stays in his hands from the first conversation forward.

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How Long Do You Have to File a Motorcycle Accident Claim in Texas?

In most cases, two years from the day of the collision. Section 16.003 of the Texas Civil Practice and Remedies Code sets that deadline for most personal injury lawsuits, with a few exceptions, and when a crash is fatal, the two years run from the date of death. Rider injuries, especially to the head, spine, and nerves, can take months to fully diagnose, but the clock does not wait for a final prognosis. Filing after the deadline normally ends the claim.

How Texas Decides Fault After a Motorcycle Crash

Texas assigns each person involved in a crash a percentage of responsibility, meaning their share of the blame. Under Section 33.001 of the Texas Civil Practice and Remedies Code, a claimant cannot recover damages if that share is greater than 50%. Below that bar, Section 33.012 reduces the damages by the claimant’s own percentage. Using a hypothetical $100,000 claim as an illustration, not a predicted result:

Rider’s share of responsibilityEffect on a $100,000 claim
0%$100,000
20%$80,000
50%$50,000
51%$0 (recovery barred)

Because a single percentage point can decide whether a rider recovers anything at all, lane position and right of way often become the center of the case.

The Traffic Rules That Decide Most Austin Motorcycle Cases

A handful of Texas traffic rules come up in almost every rider claim:

  • The left-turn duty to yield: Under Section 545.152 of the Texas Transportation Code, a driver turning left at an intersection, alley, private road, or driveway must yield to a vehicle approaching from the opposite direction that is in the intersection or close enough to be an immediate hazard. A car turning left across a rider’s path is a frequent cause of motorcycle crashes.
  • A rider’s right to a full lane: Under Section 545.0605 of the Texas Transportation Code, a motorcycle is entitled to the full use of a lane, and a driver may not operate a vehicle in a way that takes that space away.
  • Riding two abreast: The same law allows two motorcycles to ride side by side in a single lane, but not more than two.

A broken duty is where fault percentages come from, and each side argues its share from facts like these.

Is Lane Splitting Legal in Texas?

No. The same statute that protects a rider’s lane also bars a motorcycle operator from riding between lanes of traffic moving in the same direction, or passing a vehicle while in the same lane, with an exception only for police officers on duty. Because lane position is one of the first things an adjuster asks about, a lane-splitting allegation hands the insurer a ready-made fault argument, which is why lane splitting complicates Texas motorcycle claims well beyond a traffic ticket. 

Does Not Wearing a Helmet Hurt Your Claim in Texas?

Riding without a helmet can be a ticketable offense, but the helmet law itself says nothing about what an injured rider can recover. Under Section 661.003 of the Texas Transportation Code, operators and passengers on a public street or highway generally must wear protective headgear, and a violation is a misdemeanor with a fine of $10 to $50.

The law makes an exception for riders who are at least 21 years old and have either completed an approved motorcycle operator training and safety course or are covered by a health insurance plan that pays medical benefits for motorcycle crash injuries. Whether a helmet decision can figure into fault percentages is a separate question that depends on the injuries and the evidence.

What Can You Recover After a Motorcycle Crash in Texas?

Depending on the facts, a motorcycle claim can seek compensation for:

  • Medical treatment, from the emergency room through surgery, therapy, and future care
  • Income lost while you are off work, and earning ability that does not return
  • Physical pain, mental anguish, scarring, and lost ability to enjoy daily life
  • Damage to the motorcycle and your riding gear

Riders are exposed in a crash, so claims often involve traumatic brain injuries and spinal cord injuries. When a crash is fatal, Texas allows the rider’s surviving spouse, children, and parents to bring a wrongful death claim for their own losses.

Frequently Asked Questions

What Should I Do After a Motorcycle Crash in Austin?

Get medical care first, even if you walked away, since adrenaline can hide serious injuries. When you can, photograph the scene, the vehicles, and your gear, and collect witness names. Keep your helmet and damaged gear rather than throwing them away, because they can show how the crash happened.

Should I Talk to the Other Driver’s Insurance Company?

Many riders hold off on recorded statements until they have spoken with a lawyer. Adjusters often ask questions about speed and lane position that are designed to raise the rider’s share of the blame.

Can I Still Recover If the Driver Says They Never Saw Me?

Often, yes. “I didn’t see the motorcycle” is a common explanation after a left-turn crash, but a driver who was required to yield and failed to look carefully may still be responsible. Evidence such as sight lines, witness statements, and vehicle damage patterns helps show what the driver could have seen.

What If the Driver Who Hit Me Had No Insurance?

Your own uninsured/underinsured motorist (UM/UIM) coverage may step in, as long as it was not rejected in writing when you bought the policy. Riders sometimes have this coverage on a motorcycle policy without realizing it, so the declarations page is worth checking early. We handle claims involving uninsured drivers as well.

What Commonly Causes Motorcycle Crashes in Austin?

Left-turning drivers, distracted drivers, and drivers who change lanes without checking their mirrors are among the common causes of motorcycle accidents in Austin and across Texas. 

Reach Out to an Austin Motorcycle Accident Lawyer

A motorcycle crash can change your life in a few seconds, and the insurance company may already be building a story about what you did wrong. At Breeland Injury Law, Matt Breeland will listen to your side, look at the evidence, and tell you plainly where things stand.

Save the crash report, your medical records, and the gear you wore that day. Call 512-764-3380 or contact us to book a free consultation with an Austin motorcycle accident lawyer.

When You’re Injured You Deserve an Advocate.
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