Texas Motorcycle Laws
In an effort to mitigate or prevent accidents, the state of Texas has imposed strict motorcycle laws that all motorcyclists are expected to follow.
Lane splitting is a traffic maneuver that involves a motorcyclist driving between two rows of cars moving in the same direction. In Texas, lane splitting is illegal. According to Texas Transportation Code § 545.060, a motorist on a roadway divided into two or more clearly marked lanes for traffic must drive entirely within a single lane and may not move from the lane unless it is considered safe to do so.
Under Texas motorcycle helmet laws, motorcycle operators under 21 years are required to wear safety helmets. However, you're not required to wear a helmet if:
- You are 21 years or older.
- You have completed a state-approved Motorcycle Operator Training Course.
- You can provide proof of a minimum of $10,000 in medical insurance coverage.
According to Texas Transportation Code § 601.072, Texas motorists are required to have a minimum liability insurance coverage of:
- $30,000 for bodily injuries to one person per accident
- $60,000 for total bodily injuries to two or more people per accident
- $25,000 for property damage per accident
Determining Fault in a Texas Motorcycle Accident
Texas is a "fault" state. This means that the person responsible for the traffic crash (at-fault party) will be liable for damages or injuries sustained by accident victims. The available options to pursue compensation include:
- Filing a claim with your insurance company
- Filing a third-party claim with the at-fault driver's insurance provider
- Filing a personal injury lawsuit in court against the at-fault driver
Modified Comparative Fault
Additionally, Texas uses the "modified comparative fault" rule. Under this system, damages that may be recovered by an accident victim will be reduced by the victim's percentage of fault.
For example, if the jury awards $50,000 in total damages, and you were found to be 20 percent liable for the incident, you will only receive 80 percent of $50,000 ($40,000).
Therefore, under the modified form of comparative negligence, an injured person will be barred from recovering any damages if they were more than half (50%) responsible for the accident.
Work With Experienced Motorcycle Accident Attorneys
Being involved in a motorcycle accident can be an emotional and overwhelming experience. Such an incident may affect you financially, physically, and mentally. The good news is, you don't need to go through such challenges on your own. Hiring a knowledgeable Texas personal injury attorney immediately is crucial to protect your rights and help you seek fair financial compensation.
The Torres Attorneys have devoted their careers to offering compassionate representation and comprehensive guidance to motorcycle accident victims and their loved ones. As your attorneys, we can help you with the following:
- Fight zealously to protect your rights and represent your best interests
- Review every detail of your case and conduct a thorough investigation
- Collect required evidence, important information, and necessary documentation
- Help prove fault and establish liability
- Determine and estimate case-value
- Negotiate a fair settlement with the insurance provider
- File a personal injury or wrongful death lawsuit, where applicable
We can help hold the responsible party liable and pursue fair financial compensation to cover medical care expenses, lost income, future medical treatment, pain and suffering, or other losses.