Finding the Right Fort Worth Motorcycle Accident Lawyer
If you’ve been injured in a motorcycle accident in Fort Worth, you should contact an experienced motorcycle accident lawyer immediately. Texas’s modified comparative negligence rule (the “51% bar”) means insurance companies will aggressively try to assign you more fault to reduce or eliminate your compensation. An attorney can protect your rights, preserve evidence, and fight the anti-motorcyclist bias that often influences these cases.
At Varghese Summersett, our personal injury attorneys have represented injured riders across the Dallas-Fort Worth metroplex and understand the unique challenges motorcyclists face after a crash. We know that a motorcycle accident isn’t just a legal matter. It’s a life-altering event that can affect your health, your income, and your family’s future.
Why Motorcycle Accidents in Fort Worth Are So Serious
Motorcycle crashes are fundamentally different from car accidents. With no protective frame, airbags, or seatbelt system, riders absorb the full force of impact. According to the Texas Department of Transportation, motorcyclists are roughly 24 times more likely to die in a collision than occupants of passenger vehicles.
The statistics are sobering. In 2024, Texas recorded 585 motorcycle fatalities and 2,534 serious injuries. That’s an average of one motorcyclist dying every single day on Texas roads. Worse, fatal crashes involving motorcycles at intersections increased by 21% between 2022 and 2023, and overall motorcycle fatalities have risen every year since 2019.
Fort Worth’s rapid growth has created new hazards for riders. The intersection of Interstate 35W and Interstate 30, the heavily trafficked Camp Bowie Boulevard corridor, and the expanding roadways in northwest Fort Worth near the Texas Motor Speedway all present elevated risks for motorcyclists navigating alongside distracted or inattentive drivers.
What Causes Motorcycle Accidents in the Dallas-Fort Worth Area?
Most motorcycle crashes aren’t caused by reckless riding. They’re caused by other drivers who fail to see motorcyclists or misjudge their speed and distance. The National Highway Traffic Safety Administration reports that in 76% of motorcycle accidents involving two or more vehicles, the motorcycle was struck from the front, indicating the other driver simply didn’t see the bike.
The most common causes our attorneys see in Fort Worth motorcycle cases include:
Left-turn collisions. These occur when a driver turns left at an intersection without noticing an oncoming motorcycle. One-third of all motorcycle fatalities in Texas happen at intersections, making this the single deadliest scenario for riders.
Lane-change accidents. Motorcycles can disappear in a car’s blind spot. When drivers change lanes without properly checking, they can sideswipe a rider or force them off the road entirely.
Rear-end collisions. What might be a fender-bender between two cars can be catastrophic for a motorcyclist stopped at a red light. Without a protective structure, even low-speed rear impacts can throw riders from their bikes.
Door strikes. In urban areas of Fort Worth, parked drivers opening doors without checking for oncoming motorcycles create sudden, unavoidable obstacles. These “dooring” incidents can eject riders at full speed.
Road hazards. Potholes, debris, uneven pavement, and railroad crossings pose minimal threat to cars but can cause a motorcyclist to lose control instantly. In some cases, the government entity responsible for road maintenance may share liability for the crash.
Understanding Texas’s 51% Bar Rule and How It Affects Your Claim
Texas uses a system called modified comparative negligence, codified in Chapter 33 of the Texas Civil Practice and Remedies Code. This rule has enormous implications for motorcycle accident victims.
Here’s how it works: If you bear 51% or more of the fault for your accident, you cannot recover any compensation. Period. If you’re found 50% or less at fault, you can still pursue a claim, but your damages will be reduced by your percentage of fault.
For example, if a jury awards you $100,000 but determines you were 30% responsible for the crash, your recovery would be reduced to $70,000. But if that same jury found you 51% at fault, you’d receive nothing.
This is why insurance companies work so hard to blame motorcyclists. They know that if they can push your fault percentage above that 51% threshold, they eliminate their payout entirely. They’ll argue you were speeding, weaving between lanes, or otherwise riding recklessly, even when the evidence says otherwise.
An experienced Fort Worth motorcycle accident attorney understands these tactics and can gather the evidence needed to counter them: surveillance footage, witness statements, accident reconstruction analysis, and expert testimony that establishes the true cause of your crash.
Texas Motorcycle Helmet Laws: What You Need to Know
Under Texas Transportation Code § 661.003, all motorcycle operators and passengers under 21 must wear a helmet. Riders 21 and older may ride without a helmet only if they meet two specific requirements: completing a state-approved motorcycle safety course and carrying at least $10,000 in health insurance that covers motorcycle injuries.
Texas law prohibits police officers from stopping motorcyclists solely to check whether they qualify for the helmet exemption. However, if you’re pulled over for another reason, officers can ask for proof of your safety course completion or insurance coverage.
What many riders don’t realize is that helmet use can significantly affect your personal injury claim, even if you legally qualified to ride without one. In 2024, 37% of Texas motorcycle fatalities involved riders not wearing helmets. Insurance companies and defense attorneys will argue that your injuries would have been less severe had you worn a helmet, potentially reducing your compensation under the comparative fault rules.
The CDC reports that helmets reduce the risk of motorcycle death by 37% and head injuries by 69%. Even if Texas law gives you the choice, that choice can have legal and financial consequences if you’re ever in a crash.
Common Injuries in Fort Worth Motorcycle Accidents
The lack of protection on a motorcycle means even moderate-speed crashes often result in severe injuries. Our attorneys have represented clients suffering from:
Traumatic brain injuries (TBI). Even with a helmet, the violent forces of a crash can cause concussions, brain swelling, or internal bleeding. TBIs can lead to cognitive impairment, personality changes, and permanent disability.
Spinal cord injuries. Damage to the spinal cord can result in partial or complete paralysis. These injuries often require lifelong medical care and adaptive equipment.
Broken bones and fractures. The arms, legs, ribs, pelvis, and collarbone are especially vulnerable. Complex fractures may require multiple surgeries and lengthy rehabilitation.
Road rash and degloving injuries. When skin scrapes across pavement at speed, it can cause deep abrasions, infections, and permanent scarring. Severe road rash may require skin grafts.
Internal organ damage. The blunt force of a crash can rupture the spleen, liver, or kidneys, cause internal bleeding, or collapse a lung.
Amputation. In the most severe crashes, limbs may be lost at the scene or surgically amputated afterward due to irreparable damage.
What Compensation Can You Recover After a Motorcycle Accident in Texas?
If another driver’s negligence caused your crash, you may be entitled to both economic and non-economic damages. Economic damages include quantifiable losses with specific dollar amounts, while non-economic damages compensate for the personal impact of your injuries.
Economic damages typically include:
- Medical expenses (emergency care, surgeries, hospital stays, rehabilitation, medications, and future medical needs)
- Lost wages and loss of earning capacity
- Property damage (motorcycle repair or replacement, gear, equipment)
- Home modifications required by your disability
- Costs of hiring help for tasks you can no longer perform
Non-economic damages may include:
- Physical pain and suffering
- Emotional distress, anxiety, and depression
- Loss of enjoyment of life
- Disfigurement and scarring
- Loss of consortium (impact on your relationship with your spouse)
The value of a motorcycle accident settlement varies enormously based on the severity of injuries, the clarity of fault, available insurance coverage, and the skill of your legal representation. While some minor injury cases settle for $20,000 to $50,000, catastrophic injury cases can reach into the millions.
What If the Other Driver Was Uninsured or Underinsured?
Texas law requires all drivers to carry minimum liability insurance, but not everyone complies. If the driver who hit you was uninsured or didn’t have enough coverage to compensate you fully, you may still have options.
Your own uninsured/underinsured motorist (UM/UIM) coverage can step in to cover medical bills, lost wages, and other damages when the at-fault driver can’t pay. Many Texas riders carry this coverage without fully understanding its value.
However, insurance companies don’t make it easy to access UM/UIM benefits, even though you paid for them. They may delay payment, dispute the extent of your injuries, or argue about the applicability of your policy. An attorney can navigate these insurance disputes and ensure you receive what your policy promises.
In some cases, other parties may share liability for your crash: a bar that overserved a drunk driver (under Texas dram shop laws), a vehicle manufacturer responsible for a defective part, or a government entity that failed to maintain safe road conditions.
Wrongful Death Claims After Fatal Motorcycle Accidents
When a motorcycle accident takes a life, Texas law allows surviving family members to pursue a wrongful death claim against the responsible parties. Under the Texas Civil Practice and Remedies Code, a surviving spouse, children, or parents may sue for damages including:
- Loss of the deceased’s earning capacity and financial contributions
- Loss of companionship, comfort, and guidance
- Mental anguish and emotional suffering
- Funeral and burial expenses
Additionally, the estate of the deceased may file a survival action to recover damages the victim would have been entitled to had they survived, including pain and suffering experienced before death and medical expenses incurred.
Wrongful death claims have the same two-year statute of limitations as personal injury claims. Families dealing with grief should not have to navigate complex legal procedures alone. Our attorneys handle these cases with the sensitivity they require while aggressively pursuing accountability.
Why Insurance Companies Fight Harder Against Motorcyclists
Unfair as it is, insurance companies know that juries can be biased against motorcyclists. Outdated stereotypes paint riders as reckless daredevils who assumed the risk of injury by choosing to ride. Adjusters exploit these biases to push settlements down or deny claims entirely.
This bias affects every stage of a motorcycle accident case. Witnesses who assume the motorcyclist was at fault may report events differently. Police officers influenced by these assumptions may write reports that favor the car driver. Insurance adjusters use this tainted evidence to justify lowball offers.
An experienced motorcycle accident lawyer knows how to counter this bias. We present clear evidence of the other driver’s negligence, work with accident reconstruction experts to demonstrate exactly what happened, and prepare cases that hold up against prejudice, whether in settlement negotiations or before a jury.
Steps to Take After a Motorcycle Accident in Fort Worth
The actions you take immediately after a crash can significantly affect your ability to recover compensation. Here’s what you should do:
Get to safety and call 911. If you’re physically able, move out of traffic. Request police and emergency medical services, even if you think your injuries are minor.
Document everything. Photograph your motorcycle, the other vehicle(s), road conditions, traffic signals, skid marks, and your visible injuries. Capture the surrounding area, weather conditions, and any debris.
Exchange information. Get the other driver’s name, contact details, driver’s license number, insurance information, and vehicle make, model, and license plate.
Get witness contact information. If anyone saw what happened, ask for their name and phone number. Independent witness testimony can be invaluable when the other driver disputes fault.
Seek immediate medical attention. Some injuries, including internal bleeding and traumatic brain injuries, may not show symptoms immediately. A medical evaluation creates documentation linking your injuries to the crash.
Don’t give recorded statements to insurance companies. Adjusters may try to get you on record saying something they can use against you. Politely decline until you’ve spoken with an attorney.
Contact a Fort Worth motorcycle accident lawyer. The sooner you have legal representation, the sooner evidence can be preserved and your interests protected.
How Long Do You Have to File a Motorcycle Accident Claim in Texas?
Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of your accident to file a personal injury lawsuit. This deadline is strictly enforced. If you miss it, you lose your right to pursue compensation, no matter how strong your case.
For wrongful death claims, the two-year clock typically starts on the date of death rather than the date of the accident.
While two years may sound like plenty of time, evidence disappears, witnesses move away, and memories fade. Insurance companies begin building their defense immediately after a crash. The earlier you involve an attorney, the better your chances of a successful outcome.
Frequently Asked Questions About Fort Worth Motorcycle Accidents
Can I still recover compensation if I wasn’t wearing a helmet?
Yes, but it may affect your claim. Texas law allows riders over 21 who meet certain requirements to ride without helmets, but defense attorneys will argue your injuries would have been less severe with one. Your compensation could be reduced under comparative fault rules, though you wouldn’t be barred from recovery entirely.
What if I was partially at fault for the accident?
You can still recover compensation as long as you were 50% or less at fault. Under Texas’s modified comparative negligence rule, your damages will be reduced by your percentage of fault. If you were 20% responsible, you’d receive 80% of your total damages. But if you’re found 51% or more at fault, you receive nothing.
Is lane splitting legal in Texas?
No. Unlike California, Texas has not legalized lane splitting (riding between lanes of slow or stopped traffic). If you were lane splitting when an accident occurred, the other driver’s attorney will certainly use this against you in a fault determination.
How long does a motorcycle accident case take to resolve?
Settlement timelines vary widely. Simple cases with clear liability and moderate injuries may settle within several months. Complex cases involving disputed fault, severe injuries, or multiple defendants can take a year or more, especially if litigation becomes necessary.
How much does a motorcycle accident lawyer cost?
Most personal injury attorneys, including those at Varghese Summersett, work on a contingency fee basis. You pay nothing upfront and no legal fees unless we recover compensation for you. This arrangement ensures access to quality legal representation regardless of your financial situation.
Get Help from an Experienced Fort Worth Motorcycle Accident Attorney
A motorcycle accident can change everything in an instant. Medical bills pile up. Lost wages strain your finances. Pain and uncertainty affect every aspect of your life. You shouldn’t have to fight insurance companies alone while trying to recover.
At Varghese Summersett, our team of over 70 attorneys and legal professionals has helped injured Texans across Fort Worth, Dallas, Houston, and Southlake pursue the compensation they deserve. We have the resources, experience, and determination to take on insurance companies and fight for fair outcomes.
If you or a loved one has been injured in a motorcycle accident, contact us today for a free consultation. We’ll review your case, explain your options, and answer your questions with no obligation. Call (817) 203-2220 or contact us online to get started.
Time matters. Evidence fades. Insurance companies are already working against you. Let us work for you.