If you were injured in a motorcycle crash in Dallas–Fort Worth, you probably have a lot of questions: Who pays my medical bills? What counts as recoverable damages? How does fault affect my case? And how do the special rules for riders change things?
Motorcycle accidents can be life-changing. One moment, you’re on the open road, and the next, your world is filled with pain, medical bills, and uncertainty about the future. For riders in the Dallas–Fort Worth area, the consequences of a crash often extend beyond physical injuries. Lost income, expensive medical treatments, damaged motorcycles, and the stress of dealing with insurance adjusters can leave you feeling overwhelmed. Additionally, motorcyclists are sometimes unfairly blamed for crashes, which can further complicate the pursuit of compensation.
If you’ve been injured in a motorcycle accident and have questions about what to do next and how, this blog is for you.
In this blog, we will explain everything step by step, discuss how motorcycle accident compensation works in Texas, what you need to know about insurance, and how to approach your claim with confidence. And if all this is too overwhelming, The Cain Firm is here to support you through every stage of the process, making sure your rights are protected.
After a Dallas–Fort Worth Motorcycle Crash: First Things to Do (and Why)
The moments after a crash are crucial. How you respond can impact your recovery and the outcome of your claim.
1. Get medical care immediately
First and foremost, ensure your safety and seek medical attention, even if your injuries seem minor. Some injuries, like concussions or internal bleeding, might not be apparent right away, but they can be serious. Getting checked promptly ensures your health comes first and creates a record that links your injuries to the crash.
2. Call the police and obtain the crash report (CR-3)
Contact law enforcement and obtain a copy of the crash report. In Texas, the official police crash report, known as CR-3, documents the details of the accident, including citations, officer observations, and witness information. Having this report is essential for your insurance claim and any legal action.
3. Preserve evidence at the scene
If possible, take photos or videos of the scene, the vehicles, skid marks, debris, road surface, nearby signs, lighting, weather conditions, your gear/helmet, and any visible injuries. Keep all receipts, invoices, and documents related to the accident; they may become part of your claim. Also, gather witness names and contact info, and ask if anyone recorded video.
4. Avoid admissions of fault
Do not say “I’m sorry” or speculate about speed, braking, or who was at fault. Avoid admitting fault or making statements about what happened to anyone, including insurance adjusters. These comments can be used against you later. Simply provide the basic facts and direct further inquiries to your attorney.
5. Notify your insurer carefully
Inform your insurer of the basics (time, place, parties), but politely decline to provide recorded statements or detailed narratives until you have more information. Many riders delay giving a recorded statement until they’ve consulted counsel.
6. Save everything
Keep invoices, repair/tow receipts, photos of damage, records of time missed from work, and receipts for out-of-pocket expenses (such as transportation, prescriptions, and equipment). Also, maintain daily notes about pain level, activities you can’t do, sleep disruptions, and medications, which show non-economic harms over time.
If you need help gathering crash reports, photos, or evidence, call The Cain Firm for a FREE motorcycle accident attorney consultation. We will ensure that everything is appropriately documented. You will not incur any attorney’s fees unless we recover compensation for you.
Understanding Texas Law and Compensation Rules
Texas law has specific rules that affect how motorcycle accident claims are handled. Knowing them helps you avoid mistakes and understand your rights.
1. Statute of limitations: Two years for most personal injury suits
For most personal injury claims in Texas, you have two years from the crash date to file suit under Texas Civil Practice & Remedies Code §16.003. Missing that deadline usually ends your ability to sue. There are narrow exceptions (minors, certain discovery rules), but you cannot rely on exceptions without legal advice.
2. Proportionate responsibility (51% bar)
Texas uses the modified comparative fault rule in Chapter 33. If your percentage of responsibility exceeds 50%, you cannot recover any damages. If you’re 50% or less at fault, your award is reduced by your share. This rule is central to motorcycle claims because insurers often allege rider fault.
3. Governmental claims: Six-month notice rule
If a government entity or employee may be responsible (city vehicle, county maintenance of roads), you must provide written notice within six months under the Texas Tort Claims Act (Chapter 101). Failing to provide proper notice within the notice time limit can bar the claim.
If you are unsure about deadlines or fault rules, contact The Cain Firm today! Our Fort Worth motorcycle accident lawyers will guide you through the legal requirements to protect your claim
Types of Compensation You Can Recover
Motorcycle accident compensation in Texas can cover a variety of losses:
- Medical expenses: This includes past bills and future treatments related to your injuries. Keeping detailed medical records is key.
- Lost income: Time off work due to injuries or permanent loss of earning capacity can be compensated.
- Pain and suffering: Non-economic damages like physical pain, emotional distress, and reduced quality of life.
- Property damage: Your motorcycle and personal property can be reimbursed for repair or replacement.
- Other costs: Travel for treatment, home modifications, or childcare expenses caused by your injuries.
Proving these damages relies on thorough documentation: medical records, receipts, employment verification, and personal diaries of your pain and daily limitations.
To make sure you recover all damages available, call The Cain Firm. Our focused motorcycle accident lawyers will help document evidence and calculate what you’re owed to take your case further and protect your rights.
Common Fault Arguments in Motorcycle Claims and How to Respond
Insurance companies often try to assign blame to motorcyclists.
Here are common fault arguments and their possible counter:
1. Argument: The rider was speeding or riding recklessly.
Counter: Gather objective evidence like CR-3, traffic citations, skid marks, camera footage, witness statements, and telematics. Medical and reconstruction experts can tie forces and movement to fault issues.
2. Argument: Helmet use or non-use affected injuries.
Counter: Helmet rules (age/training) are legal issues; but causation remains primary, i.e., did the helmet (or lack of one) cause or worsen specific injuries? Medical testimony and helmet condition photos matter. Also, keep in mind that helmet laws differ by age and training status.
3. Argument: Lane usage or illegal maneuvering (lane splitting).
Counter: Texas law grants a motorcycle full use of a lane and prohibits lane splitting/filtering. Cite the statute and any applicable traffic camera/video showing the driver’s violation (turning without signaling, unsafe lane change).
4. Argument: Poor conspicuity (dark clothing, no lights).
Counter: Maintain the weather and lighting records, witness testimony, and engineering can show that the other driver had a duty to look and yield.
5. Argument: Pre-existing conditions caused symptoms.
Counter: Medical records before and after the crash, and treating physician testimony, can delineate new injury from old.
If the insurer is blaming you unfairly, call The Cain Firm today! Our motorcycle injury compensation lawyer will investigate and assemble the evidence that shows what really happened.
Get a FREE consultation with no attorney’s fees unless we recover compensation for you.
Insurance Coverage That Matters
Knowing which insurance coverages apply to your crash helps you pursue the right sources of compensation.
Key types include:
- Liability insurance: The minimum coverage in Texas is $30,000 per person / $60,000 per accident / $25,000 for property damage, which may not cover serious injuries.
- Uninsured/Underinsured motorist coverage (UM/UIM): Critical when the at-fault driver has little or no insurance. UM/UIM may pay for medical bills, lost wages, and non-economic damages depending on your policy terms.
- Medical payments and PIP: Personal Injury Protection (PIP) and Medical Payments coverage can help cover some medical costs, regardless of fault. PIP may also cover a portion of lost wages. You can check policy limits and interaction with health insurance.
- Collision & comprehensive: These cover repair or replacement of your motorcycle (minus deductible). If you crash into an uninsured motorist, collision coverage can help expedite repairs while liability is being resolved.
- Health insurance coordination: Health plans may pay first and assert reimbursement rights later. Expect subrogation demands and plan lien negotiations. Effective coordination preserves a greater portion of your net recovery.
- Employer or third-party liability: If a commercial vehicle or negligent maintenance by a third party contributed to the incident, employer policies or third-party liability can expand recovery options.
Unsure what coverage applies? Call The Cain Firm, and we will review your policies and fight for your compensation.
Building Your Case
Collecting strong evidence can make a substantial difference. The following items help in building a strong claim:
- Crash reports
- Photos and video of the scene and injuries
- Medical records and bills
- Witness contact information
- Vehicle and road maintenance records
- Focused on opinions for serious injuries or complex crashes
If you are not sure how to collect evidence or preserve it, contact The Cain Firm; we’ll handle the details without any attorney’s fees unless we recover compensation for you.
The Process of Negotiation and Settlement
Once your injuries are documented and evidence collected, your attorney can present a demand to the insurance company. Offers are evaluated based on medical costs, lost wages, pain and suffering, and policy limits. Some cases settle quickly, while others may require mediation or the filing of a lawsuit.
Confused about an insurance offer? Call The Cain Firm, and we will explain whether it’s fair and guide your next steps.
Avoiding Common Mistakes in Motorcycle Accident Cases
Simple mistakes can cause a serious impact on your compensation. Here are some common mistakes you need to avoid:
- Giving recorded statements without counsel
- Posting details or photos on social media
- Signing releases or waivers without review
Keeping communications focused and consulting your attorney protects your claim.
Adjusters are pressuring you, and you’re desperately looking for “motorcycle injury attorney near me?, Contact The Cain Firm now! We will handle communication so you can focus on recovery.
How The Cain Firm Helps With Motorcycle Accident Compensation in Dallas–Fort Worth
Motorcycle accidents are stressful, painful, and often overwhelming. Beyond the immediate injuries, riders face medical bills, lost income, and complicated interactions with insurance companies. Understanding the process and knowing your rights can make a significant difference in your recovery.
By taking the right steps after a crash, preserving evidence, understanding the applicable Texas laws, and working with someone familiar with local practices, you increase your chances of a fair outcome.
When you work with The Cain Firm, we guide you through every step. From gathering evidence and documenting injuries to negotiating with insurance and pursuing claims, we focus on protecting your rights and making the process clear. You’ll have support, advice, and someone fighting for fair compensation, allowing you to focus on healing.
Our motorcycle accident lawyers are dedicated to assisting Dallas–Fort Worth motorcyclists in navigating these challenges. From the first call to the resolution of your claim, we focus on guiding you, protecting your rights, and making the complex process manageable.
Ready to talk? Call The Cain Firm for a FREE consultation, no attorney’s fees unless we recover compensation for you.
Principal office: Fort Worth, Texas. Attorney responsible for the content: Brett Cain
Free initial consultation. No attorney’s fees unless we recover compensation for you.
Past results do not guarantee future outcomes.