By Stephen Goldenzweig, Founder & Managing Attorney · Licensed in Texas and New York · Former insurance defense attorney · Last reviewed November 2026
Quick answer: In 2025, 559 motorcyclists were killed on Texas roads. If you were hurt in a motorcycle crash in Houston that someone else caused, you can recover your medical bills, lost income, motorcycle and gear damage, and compensation for pain and suffering, even if you were not wearing a helmet. Riders face a bias that car drivers do not: insurers assume the rider was speeding or reckless. Our job is to replace that assumption with evidence. No fees or expenses unless we win.
📞 Free consultation: 713-903-3988 · Se habla español · Bilingual staff, English and Spanish
Key takeaways
- Texas follows a 51% bar: you can recover as long as you were not more than 50% responsible, with your recovery reduced by your share of fault.
- Not wearing a helmet does not bar your claim. Insurers may argue it made a head injury worse, but it has nothing to do with a broken leg or road rash, and the driver who caused the crash is still responsible for causing it.
- The most common serious crash is a driver turning left in front of a rider at an intersection.
- Your helmet, gear, and helmet or dash camera footage are evidence. Do not throw them away or repair the bike before it is documented.
- Most Texas claims must be filed within two years. No fees or expenses unless we win.
Jump to: 2025 data First 72 hours Crash types Unique challenges Helmets Texas law Injuries Insurance Medical bills Step by step Houston roads FAQs
Our Results in Vehicle Crash Cases
| Recovery | Case type |
|---|---|
| $1,610,000 | Commercial van accident |
| $700,000 | 18-wheeler accident |
| Over $535,000 | 18-wheeler accident |
| $390,000 | 18-wheeler accident |
| $375,000 | Delivery truck accident |
Gross settlement amounts. Past results do not guarantee a similar outcome. Every case depends on its own facts.
Why I switched sides
“Before I represented injured people, I defended insurance companies in New York. In motorcycle cases, I saw how quickly the defense reached for the same story: the rider must have been going too fast. Now I make sure the evidence, not the stereotype, decides who was at fault.”
Stephen Goldenzweig · Super Lawyers Rising Star 2020–2024
Texas Motorcycle Crashes by the Numbers (2025)
| Measure | 2025 figure |
|---|---|
| Motorcyclists killed in Texas | 559 |
| Share of motorcyclists killed who were not wearing a helmet | 31% |
| All Texas traffic deaths | 3,769 |
| Traffic deaths in the City of Houston | 300 |
Motorcycles make up a small share of vehicles on Texas roads but roughly 15% of traffic deaths. Sources: TxDOT 2025 Texas Motor Vehicle Traffic Crash Facts; Axios Houston (TxDOT crash records). 2025 figures may be revised as TxDOT finalizes reports.
What Should I Do in the First 72 Hours After a Motorcycle Crash?
- Get medical care first. If a neck or back injury is possible, let emergency responders remove your helmet.
- Keep your helmet, jacket, gloves, and boots. Damage to your gear shows how the crash happened and how hard you were hit. Do not throw anything away.
- Save helmet-camera, dash-camera, and phone footage immediately, before it is overwritten.
- Photograph the scene and the bike: both vehicles, skid marks, debris, the traffic signal, potholes or gravel, and your injuries.
- Get witnesses’ names and numbers. Independent witnesses are especially important in motorcycle cases, where fault is often disputed.
- Do not repair or sell the motorcycle until it has been documented and, if needed, inspected.
- Do not give a recorded statement to the driver’s insurer. Call a lawyer first.
Attorney insight: how insurers look at motorcycle claims
On the defense side in New York, motorcycle files started with a built-in advantage for the insurer: many jurors assume riders take risks. Adjusters lean into that by asking about speed, lane position, riding experience, and helmet use, looking for anything that shifts blame. The answer is evidence gathered early: helmet-camera video, the other driver’s phone use, intersection video, witness statements, and an accident reconstruction when the stakes are high.
Stephen Goldenzweig
Hurt in a motorcycle crash in Houston? Video and data can disappear within days. Call 713-903-3988 now for a free consultation.
What Causes Most Motorcycle Crashes in Houston?
| Crash type | What happens | Key evidence |
|---|---|---|
| Left-turn crashes | A driver turns left across the rider’s path at an intersection or driveway, often claiming “I never saw him” | Intersection video, signal timing, witness statements |
| Lane changes and blind spots | A driver merges into the rider’s lane on a freeway or busy street | Dash and helmet cameras, vehicle damage pattern |
| Rear-end crashes | A distracted driver hits a stopped rider at a light or in slowing traffic | Phone records, brake-light timing, witnesses |
| Dooring and parking-lot crashes | A parked driver opens a door or backs out into the rider | Photos, store and doorbell video |
| Road hazards | Potholes, gravel, uneven pavement, or debris cause a loss of control | Photos taken right away; government notice deadlines may apply |
| Impaired and speeding drivers | Drunk, drugged, or speeding drivers hit riders, often at night | Police reports, toxicology, bar receipts (dram shop claims) |
The Unique Challenges of Motorcycle Cases, and How We Solve Them
Motorcycle cases are not just car cases with two wheels. They come with obstacles that car crash claims rarely face. Here is how we handle each one:
| Challenge | Why it matters | How we solve it |
|---|---|---|
| Bias against riders | Adjusters and some jurors assume riders are reckless, which lowers offers and shifts blame | We build the case on evidence, not assumptions, and in trial we use jury selection to identify jurors who cannot set that bias aside |
| “The rider was speeding” | The most common defense, and often based on nothing more than the sound of the engine or a driver’s guess | Accident reconstruction from scene measurements, vehicle damage, and crush analysis; data from the other vehicle’s event data recorder; nearby video; and, on some newer motorcycles, electronic data |
| “I never saw the motorcycle” | Drivers use it as an excuse, as if not looking were the rider’s fault | Texas law requires drivers to yield and keep a proper lookout; we use sightline analysis, intersection video, and the driver’s phone records to show the rider was there to be seen |
| Severe injuries, small insurance policies | Many drivers carry only the $30,000 Texas minimum, while rider injuries often cost far more | We look for every source: the driver’s employer, the vehicle owner, umbrella policies, bars that overserved an impaired driver, and your own UM/UIM and medical payments coverage |
| Helmet arguments | Insurers argue a helmet would have prevented or reduced injuries | Medical testimony on what a helmet could and could not have changed; for injuries below the neck, helmet use is irrelevant |
| “Miss-and-run” crashes | A driver forces the rider off the road without making contact, then leaves | Texas uninsured motorist claims for an unidentified driver generally require actual physical contact, so we locate the driver through video, witnesses, and police work, and look for other coverage |
| Group-ride witnesses | Fellow riders are honest but may be seen as biased | We find independent witnesses and video to corroborate their accounts |
| Valuing the bike and gear | Custom builds, aftermarket parts, and premium gear are often undervalued | Receipts, photos, and specialist appraisals for the motorcycle, parts, and gear |
| Road rash and scarring | Disfigurement is real damage but easy to understate once wounds close | Photographs throughout healing, treating-doctor and plastic-surgeon opinions on future care and scarring |
Attorney insight: where motorcycle cases are really won
In my experience, motorcycle cases are won or lost on two things: the first week of evidence and the jury’s view of riders. The first is about speed: video, data, and the scene disappear fast. The second is about preparation: a defense that expects to argue “reckless rider” to a jury values the case very differently once it sees reconstruction evidence and a trial lawyer ready to confront that stereotype head-on.
Stephen Goldenzweig
Do My Motorcycle License and Riding Experience Matter?
Texas requires a motorcycle license (Class M) to ride legally. If you did not have one, the insurer will raise it. But a licensing issue does not by itself make you at fault: what matters is what caused the crash. A driver who turns left in front of you is responsible for that turn whether or not you held an endorsement. Training courses, years of riding, and a clean record can also help show you were a careful rider.
Does Not Wearing a Helmet Hurt My Motorcycle Accident Case?
Under Texas law, riders 21 and older may ride without a helmet if they have completed an approved motorcycle operator training course or carry health insurance with at least $10,000 in medical benefits for crash injuries (Transportation Code §661.003). Riders under 21 must wear one.
Even when a helmet is not worn, it does not prevent you from recovering. The insurer may argue that a helmet would have reduced a head injury, and it must prove that with evidence. A helmet has nothing to do with a shattered leg, a spinal injury from the impact, or road rash, and it never changes the fact that the other driver caused the crash.
Texas Laws That Affect Motorcycle Accident Claims
| Rule | What it says | What it means for you |
|---|---|---|
| Deadline to sue (Civ. Prac. & Rem. Code §16.003) | Two years for most injury claims | Evidence fades long before the deadline |
| Proportionate responsibility (Chapter 33) | Recovery reduced by your share of fault; barred above 50% | Every claim that you were speeding or weaving costs money unless disproven |
| Helmet law (Transportation Code §661.003) | Helmets required under 21; riders 21+ exempt with training or qualifying health coverage | Not wearing one is not a bar to recovery |
| Lane splitting | Texas law does not authorize riding between lanes of traffic | Insurers will raise it if it happened; it does not excuse the other driver’s own negligence |
| Minimum liability insurance | $30,000 per person / $60,000 per crash | Often far too little for serious rider injuries; your own coverage matters |
| Government claims | Claims over road defects or government vehicles have short written-notice deadlines | Call quickly if a pothole or city vehicle was involved |
Common Motorcycle Accident Injuries
- Traumatic brain injuries, even with a helmet
- Spinal cord injuries and paralysis
- Broken legs, pelvis, arms, wrists, and collarbones
- Road rash and degloving injuries, which can require skin grafts and leave permanent scarring
- Amputations and crush injuries
- Internal injuries from impact with the vehicle or roadway
For the most serious injuries, see our catastrophic injury page. If you lost a loved one, see our wrongful death page.
What Insurance Covers a Motorcycle Accident?
- The at-fault driver’s liability coverage, often only the $30,000 Texas minimum
- Your own uninsured/underinsured motorist (UM/UIM) coverage, which many riders carry at low limits or reject, so check your declarations page
- Medical payments coverage on your motorcycle policy, if you have it
- Commercial policies, when a company vehicle, delivery van, or truck caused the crash
- Property damage: the motorcycle, aftermarket parts, and your gear, including helmet, jacket, and boots
Attorney insight: your gear is evidence
Scrapes on a helmet, the wear pattern on a jacket, and the damage to the bike tell an accident reconstructionist how fast you were going and what hit you. That is often the best answer to “the rider was speeding.” Keep everything, exactly as it is.
Stephen Goldenzweig
How Will My Medical Bills Get Paid After a Motorcycle Crash?
Motorcycle injuries are often expensive from the first day: emergency surgery, skin grafts, therapy, and time off work. Options while the case is pending include your health insurance, medical payments coverage on your motorcycle policy, and doctors who will treat you on a letter of protection, waiting to be paid until the case resolves.
What Happens Step by Step in a Motorcycle Accident Claim?
- Free consultation, in English or Spanish
- Investigation: crash report, video, helmet-camera footage, witness statements, and preservation letters
- Accident reconstruction when speed or fault is disputed
- Your treatment, while we handle the insurers
- Demand once your medical picture is clear
- Negotiation, where most cases resolve
- Lawsuit, if needed, usually in Harris County, often followed by mediation
- Resolution, with medical liens resolved before you receive your share
Mistakes That Can Hurt a Motorcycle Accident Claim
- Throwing away or repairing your helmet and gear
- Letting helmet-camera or phone footage be overwritten
- Telling the adjuster you were “going with traffic” or guessing your speed
- Posting photos of riding, the crash, or your recovery on social media
- Waiting to see a doctor, or skipping follow-up care
- Accepting a quick property-damage settlement that releases your injury claim
- Assuming you have no case because you were not wearing a helmet
Practical Tips From the Defense Side
- Write down your memory of the crash within a day or two: lane, speed, signals, what the other driver did. Details fade quickly.
- List every piece of gear you were wearing, with photos, and keep receipts for the bike, parts, and gear.
- Ask nearby businesses to save video within 24 to 72 hours.
- Check your motorcycle policy’s declarations page for UM/UIM and medical payments coverage.
- Be consistent and complete with your doctors about every symptom, including headaches and memory problems that can signal a brain injury.
Where Do Motorcycle Crashes Happen in Houston?
- I-45, the 610 Loop, I-10, and US-290: high-speed freeway traffic and frequent lane changes
- Beltway 8 and SH 288: merging traffic and sudden slowdowns
- Westheimer Road, FM 1960, and other busy surface streets: left turns, driveways, and parking lots
- I-45 toward Galveston, especially on weekend rides and during large rides and rallies
- Neighborhood intersections where drivers “look but do not see” motorcycles
Where Is a Houston Motorcycle Accident Lawsuit Filed?
Most cases from crashes in Houston are filed in the Harris County civil district courts, or in the county where the crash happened or where a defendant lives. Most cases settle, but we prepare every case for trial, because a jury, not an adjuster’s assumption, is the final word on who was at fault.
Talk to a Houston motorcycle accident lawyer today. Call 713-903-3988 or contact us online. No fees or expenses unless we win.
Frequently Asked Questions
Can I recover if I was not wearing a helmet?
Yes. Riders 21 and older can legally ride without a helmet in Texas if they meet the training or insurance requirements. Even if a helmet was not worn, it does not bar your claim. The insurer may argue it made a head injury worse, but it has to prove that.
Is lane splitting legal in Texas?
No. Texas law does not authorize riding between lanes of traffic. If it was involved, the insurer will raise it, but it does not excuse another driver’s own negligence, such as an unsafe lane change.
A driver turned left in front of me. Who is at fault?
Usually the turning driver, who must yield to oncoming traffic. Drivers often say they did not see the motorcycle, but not seeing a rider who was there to be seen is not a defense.
What if the insurance company says I was speeding?
That is the most common argument in motorcycle cases. Video, witness statements, vehicle damage, and accident reconstruction can show your actual speed, and even some speed does not automatically make you mostly at fault.
What if a pothole or road debris caused my crash?
A government entity or contractor may be responsible, but claims against government entities have short written-notice deadlines. Photograph the hazard and call a lawyer quickly.
My passenger was injured. Can they file a claim?
Yes. A passenger can bring a claim against whoever caused the crash, which may include the other driver and, in some cases, the rider.
What if the driver’s insurance is not enough?
Your own uninsured/underinsured motorist coverage may pay the difference. Many riders carry low limits or rejected it, so check your policy, and we will look for every other source of coverage.
Can I recover for my bike and gear?
Yes. Property damage includes the motorcycle, aftermarket parts, and riding gear such as your helmet, jacket, and boots. Keep receipts and do not discard damaged gear.
How much is my motorcycle accident case worth?
It depends on your injuries, future medical needs, lost earnings, the available insurance, and the evidence of fault. Motorcycle injuries are often severe, which is why identifying every source of coverage matters.
How long do I have to file a motorcycle accident claim in Texas?
Generally two years from the crash, with shorter notice deadlines for claims involving government entities.
How much does a motorcycle accident lawyer cost?
We work on a contingency fee. You pay nothing up front and no attorney fee unless we recover money for you. If there is no recovery, you owe no fees or expenses.
Do you handle cases in Spanish?
Yes. Our staff is bilingual in English and Spanish, so we can give you the help you need, the way you need it.
Another car ran me off the road but never hit me. Do I have a claim?
Possibly. If the driver can be identified, you can bring a claim against that driver. If the driver left and cannot be found, Texas uninsured motorist coverage for an unidentified vehicle generally requires actual physical contact, so finding the driver through video and witnesses becomes critical. Call us quickly so evidence can be preserved.
My riding partner caused the crash. Can I file a claim?
Yes. A claim can be made against a fellow rider whose carelessness caused your injuries, usually through that rider’s insurance. These situations can feel uncomfortable, which is why we handle the communication with the insurer.
Does it matter that I did not have a motorcycle license endorsement?
The insurer will raise it, but what matters most is what caused the crash. A licensing issue does not by itself make you at fault for another driver’s mistake.