In most injury cases, yes. Motorcycle claims draw more fault arguments than car claims, involve more serious injuries, and raise Texas-specific issues like the helmet law and the lane-splitting ban that insurers use to reduce what they pay.
Riders start at a disadvantage with insurers. Adjusters and juries can assume a motorcyclist was speeding or weaving, and Texas proportionate responsibility under Chapter 33 of the Civil Practice and Remedies Code reduces recovery by the rider's share of fault and bars it at 51 percent. A small shift in assigned fault changes the outcome, so the evidence on what the other driver did matters from day one.
Texas law gives insurers specific arguments to try. Transportation Code section 661.003 requires riders under 21 to wear a helmet, and allows riders 21 and older to ride without one only if they completed an approved safety course or are covered by a qualifying health plan. Since September 1, 2023, Transportation Code section 545.0605 expressly prohibits riding between lanes of traffic moving the same direction. A lawyer separates what the law actually says from what the adjuster claims it says.
Injuries are often severe and long-term. Fractures, road rash requiring grafts, spinal injuries, and brain injuries mean future care, lost earning capacity, and permanent impairment are part of the claim. Valuing those correctly takes medical records, sometimes expert opinions, and a clear picture of every policy that can pay.
Evidence is perishable. Your helmet, jacket, and gear show impact points and should be kept as they are, and skid marks, road debris, and nearby video disappear quickly. A lawyer can preserve them and send the right letters early.
There is no up-front cost to find out where you stand. Owsley Law Firm represents injured riders across Texas on a contingent fee, so there is no fee unless the firm wins.
What to do, step by step
- Get medical care, including for road rash and any head symptoms.
- Keep your helmet, jacket, gloves, and boots as they are.
- Photograph the bike, the scene, and the road surface.
- Talk with a lawyer before speaking with the other driver's insurer.
Not wearing a helmet does not bar an injury claim in Texas, but an insurer may argue it affected head injuries. The argument depends on the specific injuries and the evidence.
Road hazards like potholes, debris, and uneven pavement can contribute to motorcycle crashes and sometimes involve a government entity, which brings shorter notice deadlines.
Mistakes that cost people money
- Repairing or discarding damaged gear before it is documented.
- Accepting a report that assumes speeding without evidence.
- Waiting to treat injuries that seemed minor at the scene.
Related questions
Is lane splitting legal in Texas?
No. Since September 1, 2023, riding between lanes of traffic moving the same direction is expressly prohibited.
Can I recover if I was partly at fault?
Yes, if your share is 50 percent or less. Your recovery is reduced by your percentage of fault.
Do riders 21 and older have to wear a helmet?
Not if they completed an approved safety course or have a qualifying health plan.
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