Motorcycle Crashes & Rider Injuries
Houston motorcycle accident lawyer for riders hit by drivers who didn't look
Chapter 1
Why motorcycle crash claims are different
A rider and a driver can be hurt in the same crash and be treated very differently afterward. Knowing why helps you protect your claim from the first day.
- Riders are blamed first. Adjusters, and sometimes jurors, assume a motorcyclist was speeding, weaving or showing off. The case has to answer that assumption with evidence.
- The injuries are usually worse. A rider has no seat belt, airbag or steel frame. Fractures, road rash, head injuries and long recoveries are common, so the full cost takes time to know.
- The driver's coverage is often too small. Texas only requires $30,000 per injured person, which serious motorcycle injuries pass quickly. Finding every other source of coverage matters.
- Texas has rules written for motorcycles. Lane use, lane splitting and helmets each have their own statute, and insurers use them to argue fault. Each one is explained below.
If you went down in the last few days
DO THESE THREE THINGS BEFORE ANYTHING ELSE
Get every injury checked and recorded
Road rash, a broken wrist or a head injury can hide behind adrenaline. See a doctor, follow up, and keep every record and bill.
Keep your bike, helmet and gear as they are
Don't repair the motorcycle or throw away the helmet, jacket or gloves. Scrapes and impact marks show how the crash happened and what your gear protected.
Don't give the driver's insurer a statement
Their adjuster may ask how fast you were going or whether you were wearing a helmet. You are not required to answer, and those answers are often used to shift blame onto you.
Chapter 2
Who is responsible for a Houston motorcycle crash
Most motorcycle crashes involve another vehicle, and the most common story is a driver who did not see the rider. Not seeing a motorcycle is not an excuse under Texas law; it is usually the reason the driver is at fault.
- A driver turning left. Turning across the path of an oncoming motorcycle at an intersection or into a driveway.
- A driver changing lanes. Moving into the rider's lane without checking a blind spot, or crowding a rider who is entitled to the whole lane.
- A driver following too closely. Rear-ending a motorcycle that slowed or stopped in traffic.
- A driver opening a door or pulling out. Into the path of a rider on a city street or from a parking lot.
- A company whose driver was working. If the driver was making deliveries or driving a company vehicle, the employer and its insurance may be responsible too.
- A road or parts problem. Debris, an unmarked hazard or a defective tire or brake can bring other parties into the case. Claims against a city or the state have short notice deadlines.
Chapter 3
Helmets and your claim
Texas does not require every rider to wear a helmet. Riders under 21 must wear one. A rider 21 or older may ride without one if they have completed a state-approved motorcycle safety course or have health insurance that covers injuries from a crash. Passengers follow the same rule, and an officer may not stop a rider just to check.
- Not wearing a helmet does not, by itself, mean you caused the crash. Who caused the crash is decided by what the drivers did on the road.
- Expect the insurer to raise it anyway. An adjuster may argue that a helmet would have prevented some of your injuries and try to reduce what it pays. The insurer has to prove the missing helmet actually made your injuries worse, and the evidence decides how much, if anything, that changes.
- If you were wearing a helmet, keep it. The damage on it shows the force of the impact and supports your injury claim.
Chapter 4
Lane splitting in Texas
Since September 1, 2023, Texas law says it plainly: a motorcyclist may not ride between lanes of traffic moving in the same direction, or pass a vehicle within the same lane. Two motorcycles may ride side by side in one lane. The same law says a motorcycle is entitled to the full use of a lane, and drivers may not take that space away.
- If you were lane splitting, you may still have a claim. Texas reduces your recovery by your share of fault and only bars it when you are more than 50 percent responsible. A driver who changed lanes without looking can still carry most of the blame.
- If you were in your own lane, say so early. Insurers sometimes claim a rider was splitting lanes when they were not. Camera footage, damage patterns and witnesses settle it, which is why they need to be gathered quickly.
Chapter 5
Evidence in a motorcycle case, and why time matters
The proof that answers "the rider was speeding" is mostly physical or recorded, and much of it does not last.
- Your motorcycle, as it is. Damage location and scrape marks show the angle and speed of the impact. Ask the tow yard or insurer not to destroy or sell it.
- Your helmet and gear. Impact marks and abrasion support your injury claim and show what you were wearing.
- Camera footage. Traffic cameras, business cameras, doorbells and dash cams along the route are often recorded over within days.
- The other vehicle's data. Many newer cars record speed and braking in the seconds before a crash.
- The police crash report and witnesses. Names and phone numbers of anyone who saw the crash, gathered before memories fade.
- Your medical records. From the first visit on, they connect each injury to the crash.
Chapter 6
What Texas law says about your claim
- 2 yearsDeadline to file suit
- Most motorcycle accident injury lawsuits must be filed within two years of the crash. Claims involving a city, county or state vehicle can require written notice much sooner.
- 51%Shared fault
- You can recover as long as you were not more than 50 percent at fault, and your award is reduced by your share. That is why insurers work so hard to blame riders.
- Under 21Who must wear a helmet
- Riders and passengers under 21 must wear one. At 21 and older, a safety course or health insurance covering crash injuries makes a helmet optional.
- 30 / 60 / 25Texas minimum coverage
- $30,000 per injured person, $60,000 per crash and $25,000 for property damage. Your own uninsured and underinsured motorist coverage can add to it.
Chapter 7
What Allen does on a motorcycle accident case
At big firms your file often goes to a case manager. Allen's cases run differently.
- Evidence first. Letters asking businesses, the other driver and the tow yard to keep footage, vehicle data and your motorcycle before they are lost.
- The rider-bias argument answered with facts. Damage, video and witnesses are used to show what the other driver did, not what riders are assumed to do.
- Every source of coverage found. The driver's policy, an employer's policy, and your own uninsured and underinsured motorist coverage and medical payments coverage.
- All insurer contact goes through Allen. You never give a recorded statement. Adjusters get his number, not yours.
- Negotiation with a lawsuit ready. If the offer is not fair, Allen files suit.
- You hear from Allen, not an assistant. Calls and texts are returned by the attorney handling your case.
Questions
Houston motorcycle accident questions, answered
What should I do after a motorcycle accident in Houston?
Call 911, get medical care, and photograph the scene, your bike and your injuries if you can. Get witness names and phone numbers. Keep your motorcycle, helmet and gear as they are, don't give the other driver's insurer a statement, and call a lawyer before you sign anything.
Can I still recover if I wasn't wearing a helmet?
Often, yes. Not wearing a helmet does not, by itself, mean you caused the crash. The insurer may argue that a helmet would have prevented some of your injuries, but it has to prove the missing helmet actually made them worse. Riders 21 and older can legally ride without one if they meet the Texas course or health insurance requirement.
Is lane splitting legal in Texas?
No. Since September 1, 2023, Texas law prohibits riding between lanes of traffic moving in the same direction and passing a vehicle within the same lane. Two motorcycles may share one lane side by side. If you were lane splitting when you were hit, you may still recover as long as you were not more than 50 percent responsible.
How much does a Houston motorcycle accident lawyer cost?
Nothing up front. Mousavi & Associates works on a contingency fee: the attorney's fee is a percentage of the money recovered for you. If there is no recovery, you owe no attorney's fees and no case expenses. Allen walks you through the written agreement before you sign.
How long do I have to file a motorcycle accident claim in Texas?
Generally, a lawsuit must be filed within two years of the crash; different rules can apply to children. Claims involving a government vehicle or a road defect can require written notice much sooner. Camera footage and vehicle data disappear long before the deadline, so the practical answer is to call this week.
What if the other driver says they never saw me?
That is the most common thing drivers say after hitting a motorcycle, and it usually points to their fault, not yours. Drivers must look for motorcycles and give them the full lane. Witnesses, cameras and the damage to both vehicles show what happened.
How much is a motorcycle accident case worth?
It depends on your injuries, your medical care, the income you lost, how fault is shared and how much insurance is available. Every case is different, and no lawyer can honestly promise a number at the start. What Allen can do is find every source of insurance and document every loss.
"I was in a really bad accident this past January. My car was totaled. I was not at fault. Mr Mousavi took my case and worked diligently on my behalf. The insurance company of the other party wanted to settle way less than what the policy allowed. He advised me not settle but to be steadfast. He informed me that we will have to do go court and it can take from 12 to 18 months to settle. Well it only took 8 months! He really fought for me! We did not have to go to court after all! And I received the maximum amount that was owed to me. He was always professional, honest and always always returned my calls or texts. Highly recommend Mousavi and Associates. You will not be disappointed! He will fight for you!"
"When a family member was badly injured in a car accident, Allen Mousavi was an incredible help throughout our case. From the very beginning, he was compassionate, professional, and always kept us informed without us having to constantly reach out for updates. He handled our case efficiently and fought hard to make sure we received the compensation our family deserved. During such a difficult time, it meant so much to have someone we could trust who genuinely cared about our situation. We truly appreciate everything Allen did for us and couldn’t be more grateful for his dedication and support. I highly recommend him to anyone who needs an attorney who will stand by you and get results. We’ll definitely be recommending him to our friends and family. Thank you again, Allen!"
"I highly recommend Mousavi & Associates, Allan Mousavi. He handled my son’s accident case with exceptional professionalism from beginning to end. He was knowledgeable, responsive, and always kept us informed so we fully understood each step of the process. Everything was managed smoothly and efficiently, which gave our family real peace of mind during a difficult time. I’m truly grateful for his dedication, honesty, and the respectful way he treated us throughout the case. Thank you, Allan, for your outstanding work and support."
Hurt in a Houston motorcycle accident?
THEY'LL BLAME THE RIDER. YOU'LL HAVE A LAWYER WHO WON'T.
After a motorcycle crash, the driver's insurer often starts from the idea that the rider was speeding or weaving. Allen Mousavi handles your case himself and builds it on the evidence, from the first call on. Free case review, and you owe no attorney's fee unless we recover money for you.
Allen Mousavi, Attorney at LawFounder, Mousavi & Associates · Houston, Texas
Serving: Houston · Harris County · Katy · Sugar Land · Pasadena · The Woodlands