My wife Debra and I were treated in an expedient and personal manner. Mr. Grossman and his staff took care of everything and kept me aware of the status of my case every step of the way.

-P. Hogan
Automobile Accident Case

Texas Motorcycle Accident Law

Motorcycle Accident Lawyer Michael Grossman Takes a Minute to Explain Texas Motorcycle Law

Understanding Texas motorcycle law is an important aspect of owning and operating a motorcycle. The following short article from Texas motorcycle accident lawyer Michael Grossman provides a quick overview of essential Texas motorcycle accident laws.

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Texas Motorcycle Helmet Laws (V.T.C.A. Transportation Code § 661.003)

Motorcycle riders over the age of 21 that have either completed a motorcycle operator training and safety course or can show proof of health insurance have the option of wearing a helmet. In other words, so long as an adult motorcyclist has proper health insurance or has completed specific training, they do not have to wear a motorcycle helmet. All motorcycle riders or passengers under the age of 21 must wear a helmet while on a motorcycle.


Texas Motorcycle Minimum Safety Standards for Headgear (V.T.C.A. Transportation Code § 661.002)

The American National Standard Institute’s (ANSI) standards are used to assess the minimum safety standards of motorcycle helmets in Texas. Motorcyclists in Texas are not required to wear eye protection. The minimum insurance coverage that a motorcyclist can have is as follows:

  • $20,000 bodily injury liability, for one person
  • $40,000 bodily injury liability, for all persons in one accident
  • $15,000 property damage liability

Texas Motorcycle Accident Statute of Limitations

As is the case with any personal injury lawsuit in Texas, an injured motorcyclist or a person injured in a motorcycle accident has up to two years from the date of the accident in which to pursue legal action against a negligent party. This two-year statute of limitations may have certain exceptions, such as if the injured party is unable, whether physically or mentally, to bring suit within the two-year timeframe. If you are unsure about whether or not the statute of limitations has run out in connection to your motorcycle wreck in Texas, contact our TX motorcycle accident attorneys at 1-855-338-0170.


Texas Personal Injury Law and Motorcycle Accidents

An injured victim in a motorcycle accident can bring a Texas personal injury lawsuit against each party whose negligence resulted in the victim incurring damages. Damages are financial losses incurred following an injury motorcycle accident such as medical costs, lost wages, and pain and suffering. A liable party, i.e. a defendant, is not bound by the law to compensate an injured victim unless their responsibility for the accident has been proven in a court of law. In other words, if an injured motorcycle accident victim desires to seek fair compensation from a defendant, they must pursue legal means to compel the liable party to either settle out-of-court or compensate the victim through a personal injury lawsuit.


Texas Wrongful Death Law and Motorcycle Crashes

In much the same way, the family of a killed motorcyclist or killed victim in a fatal motorcycle accident in Texas may bring a wrongful death lawsuit against the party or parties responsible for their loved one’s death. However, the types of damages that can be sought are somewhat different. Multiple family members may seek wrongful death damages for the financial losses they have incurred as a result of losing a loved one. However, only one family member, acting as a proxy for the deceased loved one, may seek survival damages on behalf of the decedent.


The Texas Motorcycle Wreck Law Firm of Grossman Law Offices Is Ready to Help

Whether pursuing a personal injury claim following an injury motorcycle accident in Texas or seeking a wrongful death civil suit in the aftermath of a fatal motorcycle wreck, the assistance of a capable and confident Texas motorcycle accident attorney cannot be overstated. With damages likely to be quite costly, insurance adjusters and defense attorneys will likely mount an aggressive case in order to mitigate their own losses.

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Consequently, you will need an established and experienced bike accident lawyer in Texas who can combat such aggressiveness with well-documented evidence, expert testimony, and a hard-won reputation for fighting for the rights of his clients. Texas motorcycle accident lawyer Michael Grossman and his team at Grossman Law Offices are ready to help you. If you have further questions regarding Texas motorcycle law, contact our firm toll-free at 1-855-338-0170 to learn more about your legal rights following a motorcycle crash in Texas.


Some of Our Most Recent Successful Cases
$100,000.00 Recovery - Motorcycle Accident (Broken Femur)
(policy limits) Recovery for victim who sustained a broken femur in a motorcycle accident.
Total Recovery:
$100,000.00
Attorney Fees:
$33,000.00
Litigation Expenses:
$0.00
$200,000.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Recovery for motorcyclist who suffered a back injury in an 18-wheeler accident.
Total Recovery:
$200,000.00
Attorney Fees:
$80,000.00
Litigation Expenses:
$5,709.00
$125,055.00 Recovery - Automobile Accident (Back Injury Requiring Surgery)
Recovery for client who suffered a back injury resulting in surgery in a car accident.
Total Recovery:
$125,055.00
Attorney Fees:
$41,684.00
Litigation Expenses:
$435.00
$350,000.00 Recovery - Product Liability (Back Injury Resulting in Surgery)
A young woman suffered a back injury that required corrective surgery following a boating accident. The boat in question sped out of control and crashed into a landmass, throwing our client from the boat, as the result of a stuck throttle. Upon inspection of the boat, it was determined that a poor design led to the malfunction and a product liability lawsuit was brought against the manufacturer. The defendants argued that the boat was inappropriately piloted, however, the physical evidence depicted the cause of the accident quite clearly and the case was successfully resolved.
Total Recovery:
$350,000.00
Attorney Fees:
$100,000.00
Litigation Expenses:
$100.00
$350,000.00 Recovery - Wrongful Death / First Party Dram Shop
Our firm was hired by the minor child and parents of a young man who was killed in a motorcycle accident after being over served alcohol at a South Padre Island bar. The plaintiffs hired our firm to investigate the claim on the basis that the decedent was over the legal limit at the time of his death. In initial attempts to settle the case out of court, the defendants denied liability. Suit was filed soon thereafter.

The defendants initially argued that the decedent never consumed alcohol on their premises. Through physical evidence and deposition testimony to the contrary, we were able to conclusively prove that the decedent had indeed been drinking at the establishment.

The defendants then asserted allegations that the decedent's minor child was not actually his biological child, which would bar his claim entirely. A DNA test was performed and this argument was defeated.

The defendants then asserted the safe harbor defense. Our attorneys argued that the defendants did not qualify for safe harbor protection due to the fact that their servers were not all licensed providers. However, while this element was being addressed, our attorneys focused their attention on addressing the second element of the safe harbor defense regarding the bar's encouragement of the over service of alcohol. The defendants claimed that they would never serve the double-shot Bacardi cocktails that witnesses claimed the decedent drank several of. We sent private investigators into the bar to order the same drinks that the decedent consumed on the night of his death and the very same bar tenders who over served the decedent, without hesitation, served copious amounts of alcohol to the investigators, all of which was captured on hidden camera.

Once the safe harbor defense was defeated, the defendants argued that the decedent's BAC was low enough at the time of his death (as recorded by the hospital) that he would not have necessarily appeared obviously intoxicated to the servers and therefore the bar should not be held liable even if he had been over served. Eyewitness testimony refuted this.

Additionally, our firm's testifying medical expert reviewed the medical records related to the emergency helicopter flight that transported the decedent to the hospital after his accident. She determined that the EMS technicians administered numerous blood transfusions while in flight. Armed with this newfound data, our medical expert reverse extrapolated and determined conclusively that the decedent's BAC was actually in the range of .19-.21 at the time of the accident, though it was drastically diluted by the time he arrived at the hospital, which accounted for the relatively low BAC found in the hospital's medical records. This testimony proved to be pivotal in the case, resulting in a successful recovery for our clients.
Total Recovery:
$350,000.00
Attorney Fees:
$140,000.00
Litigation Expenses:
$40,000.00
$93,000.00 Recovery - Motorcycle Accident (Soft-Tissue Injuries and Abrasions)
Recovered for victim of motorcycle accident who suffered soft tissue injuries and abrasions.
Total Recovery:
$93,000.00
Attorney Fees:
$31,000.00
Litigation Expenses:
$181.00
$100,000.00 Recovery - Motorcycle Accident (Neck, Back, and Knee Injury)
Recovery for a client who suffered neck, back, and knee injuries in a motor cycle accident.
Total Recovery:
$100,000.00
Attorney Fees:
$33,333.00
Litigation Expenses:
$627.00
$475,000.00 Recovery - Commercial Vehicle Accident / Motorcycle Accident (Shoulder Injury Requiring Surgery)
An airline pilot suffered a shoulder injury resulting in surgery when he was sideswiped by an 18-wheeler. The case was resolved through litigation, as establishing liability was a contentious matter. The defendants claimed that the plaintiff made an illegal passing maneuver, but the evidence showed that the defendant made a sweeping turn and intruded upon our client's right of way.
Total Recovery:
$475,000.00
Attorney Fees:
$158,333.00
Litigation Expenses:
$5,000.00
$97,500.00 Recovery - Wrongful Death / First-Party Dram Shop Accident
(policy limits were $100k) Recovery for wife of a motorcyclist who was killed in a drunk driving accident.
Total Recovery:
$97,500.00
Attorney Fees:
$48,750.00
Litigation Expenses:
$0.00

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