Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Tanya Shrivastava
Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Feeling the wind on your skin and becoming one with nature while the world passes by—riding a motorcycle can almost be a serene experience. It doesn’t hurt that it’s also one of the most affordable modes of transportation. So, it’s not surprising that in 2021 alone, 380,830 motorcycles were registered in Texas.
Unfortunately, every good thing comes with caveats. While you can enjoy a ride around the beautiful terrains of Austin all you want, you should understand your legal responsibilities to do it safely. But in case you get into an accident, we have prepared a list of the best motorcycle accident lawyers in Austin who will help you fight for your claim.
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Best Motorcycle Accident Attorneys in Texas
Compare Top Motorcycle Accident Attorneys
Other Motorcycle Accident Lawyers
Filing a Motorcycle Accident Lawsuit in Texas
While being a fun and affordable mode of transportation, motorcycles can leave you exposed to injuries that can be avoided in other vehicles. This additional need for safety for motorcycle riders is not overlooked by the Texas legislator. There are many laws motorcycle drivers have to follow above and beyond general traffic rules.
These laws do help most of the time, but accidents still happen. An experienced motorcycle accident lawyer in Austin can help you better understand your rights and duties if you are ever in a motorcycle accident. Here is a brief guide to the things you should know as a motorcycle rider.
Texas Statute of Limitations
The statute of limitation is the duration of time within which you can file a lawsuit against the defendants. In Texas, the statute of limitation for personal injury cases is two years from the day you incurred the injury. This means the clock in a motorcycle accident case starts ticking from the day of the accident.
However, if a person dies as a result of their injuries in a motorcycle accident, the statute of limitation starts from the date of the death instead.
The very few exceptions to the statute of limitation include cases where one of the defendants is a government agency. If you want to sue the government of Texas, you must send a notice of your claim to the agency within six months from the date of the accident. But some cities and municipalities have further reduced this time period. In Austin, you are required to file a claim against the city within 45 days.
The government could become a party in your lawsuit if your accident was caused by faulty road constructions.
Texas Laws for Motorcycle Drivers
- Licensing Requirement. You require a Class M driver’s license to ride a motorcycle in Texas. To qualify for a Class M, you need to complete an approved motorcycle safety course. But if you already have a motorcycle license from another state, this requirement will be waived.
- Lane-Splitting. Lane splitting is illegal in Texas and can lead to a reckless driving fine. While driving a motorcycle, you are required to drive within a single lane. You are allowed to change lanes when it is safe to do so but never drive between them.
- Helmet Laws. You are required by law to wear protective headgear while riding a motorcycle. You can, however, be exempted from this requirement if you are above the age of 21 and have finished the approved motorcycle safety course or have an insurance plan to cover medical expenses in case of an accident.
- Insurance Requirements. You must have valid insurance for your motorcycle to prove financial responsibility in case there is an accident. Your insurance should provide a minimum coverage of $30,000 per injured person, $60,000 per accident and $25,000 for property damage per accident.
- Permitted Passengers. A motorcycle rider is not allowed to carry a passenger under the age of five years. A passenger is only allowed on a motorcycle that is designed to carry more than one person and is equipped with proper footrests and handholds for the passenger.
Identifying Fault for a Motorcycle Crash
Texas is an at-fault state, meaning the party responsible for causing the accident is required to pay for damages. As the injured party, you are required to prove the fault of the other party to receive fair compensation. You, along with the help of your Austin motorcycle accident attorney, can collect evidence and witness testimony to build a strong case.
But you will also need to make sure that you were not primarily at fault for causing the accident. Texas follows the modified comparative negligence theory which provides that the claim amount is reduced by the percentage of the injured party’s negligence in causing the accident.
This means if you were 30% at fault for causing the crash, your compensation amount will be 70% of the original claim. But if the accident was caused primarily by your own negligence (more than 50%), you are not eligible to receive any compensation at all.
How Can an Attorney Help You?
It is generally advisable to get a lawyer’s assistance in motorcycle cases mostly because of the inherent biases against motorcyclists. As soon as you contact them, your attorney can help you determine the party at fault and gather evidence against them.
They will handle filing a motorcycle accident lawsuit or insurance claim while you recover from the accident. They will make sure you don’t miss the statute of limitation and will prepare your case, so it is ready to go to trial, if it comes to that.
Your lawyer may hire other professionals and experts to make your case stronger and help you figure out the appropriate claim amount. Having an experienced motorcycle accident lawyer in Austin by your side will make sure the insurance company doesn’t take you for granted and understands that you are ready to fight for what you deserve.
Your lawyer will fill out all the paperwork, negotiate with the appropriate parties and gather the testimony you will need to prove the negligence of the party at fault.
How to Find the Best Motorcycle Accident Lawyer in Austin, TX
Finding the perfect lawyer for your case can be a daunting task. But we have prepared a short list of things you can do to match with the best Austin motorcycle accident lawyer for your case.
- Talk to Multiple Lawyers. Before finalizing anything, you should have consultation calls with at least three lawyers to understand your comfort level with them. Most lawyers do not charge anything for the first consultation call, so you can easily get an idea of whether they are the right fit for you or not.
- Check Their Experience. Motorcycle accident cases widely differ from other auto accidents because of the possible extent of the injury and common biases against motorcycle riders. Lawyers engage different techniques to fight for different types of cases, therefore, don’t hesitate to ask your potential lawyer about their experience specifically dealing with motorcycle accident cases.
- Ask About Their Trial History. You should look for a motorcycle accident lawyer in Austin who is not afraid to take your case to trial if need be. Although most claims settle, it is a good idea to let the defendants know that you are ready to fight. Asking your potential lawyer about their trial experience and success rate can be a good place to start to ensure this.
- Read Testimonials and Client Experiences. Most lawyers put testimonials on their own website or you can find them on other review websites. You can read them to understand other people’s experiences working with your potential lawyer. You can get a glimpse of their process, such as how they interact with clients, how much time they personally spend on the case, how invested they are in client’s cases and their general personality.
- Fee Structure. In personal injury cases, like motorcycle accidents, most lawyers do not charge any fee upfront but take a percentage cut of your final settlement or verdict offer. You should always discuss your potential lawyer’s rates, any additional expenses they will charge and possible increases in the rates if the case goes to trial.
Methodology
To come up with the Best Motorcycle Accident Lawyers in Austin in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What is the common injury in motorcycle accidents?
The most common injuries in motorcycle accidents are lower-extremity injuries, including serious to mild injuries in legs, knees, calves, ankles and feet. This is followed by upper extremity and head injuries. Although not the most common, upper extremity injuries on the head, chest and abdomen can be much more severe. The most common type of injury in motorcycle crashes is bone fracture.
What are the two most frequent causes of motorcycle accidents?
The most common cause of a motorcycle accident is a lack of experience or failure to understand the characteristics and limitations of a motorcycle. A motorcycle rider, by the nature of their vehicle of choice, needs to be more careful on the roads than their other auto counterparts. They have to work harder to be visible to the other drivers at all times and be vigilant about possible crashes. The second most common reason for motorcycle accidents is alcohol, which multiplies the rider’s chances of making mistakes and getting hurt.
What should you not do after a motorcycle accident?
Getting in a motorcycle accident can be extremely traumatic—both physically and mentally. You can get injured and might not be in a position to keep track of things happening around you, let alone be present enough to formulate strategies for future insurance claims and trials. But as a general rule, if you are involved in these situations, you should try to limit your conversations to only the police officers and your Austin motorcycle accident lawyer, accept medical attention and not accept any deals by the other party, insurance companies or their lawyers in a hurry.
