By the Beverly Law legal team. Updated November 2026.
Hurt in a Texas motorcycle crash?
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What to do after a motorcycle crash in Texas
- Get medical care right away and go to every follow-up. Texas insurers lean hard on gaps in treatment.
- Get the crash report number from the officer who worked the scene.
- Keep your helmet and gear. If you were riding without a helmet under the over-21 exemption, keep proof of your safety course or your health insurance card. The law expects you to be able to show it (Transp. Code § 661.003(c)).
- Photograph the scene, your bike, the other vehicle, lane markings and your injuries.
- Find witnesses and video. Toll and managed lanes, gas stations and businesses often have cameras that record over within days.
- Check your own policy for personal injury protection (PIP) and uninsured/underinsured coverage before you talk to the other driver’s adjuster.
Who can be held responsible
TxDOT reports that more than half of fatal motorcycle crashes in Texas involve a collision with another vehicle, and 37% of motorcycle deaths happen at an intersection (TxDOT). That points to the usual defendants:
- Drivers who turn or merge across a rider. TxDOT’s own advice to drivers is to look twice before turning or merging (TxDOT, April 30, 2026). Our news desk reported a rider who died after a collision with a car at Faudree Road and Santa Fe Drive in Odessa in October 2026. See left-turn crashes: who is at fault?
- 18-wheelers and their carriers. In October 2026 a rider died on the East Freeway feeder road in Houston after striking an 18-wheeler that, according to the sheriff’s office, was turning right onto Redmond Street. Trucking claims have their own rules; see our Texas truck accident lawyer page.
- Employers and vehicle owners when the driver was working or borrowed the vehicle.
- Government units. Texas waives immunity for injuries caused by an employee’s negligent use of a motor-driven vehicle when the employee would be personally liable (CPRC § 101.021). Notice is due within six months of the crash unless the unit had actual notice (CPRC § 101.101), and damages are capped: $250,000 per person for the state and for cities, and $100,000 per person for other local units (CPRC § 101.023).
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The Texas deadline and the 51% bar
Two years. A personal injury suit, and a suit for injury resulting in death, must be filed within two years after the cause of action accrues (CPRC § 16.003). Families should also read the Texas wrongful death deadline.
Proportionate responsibility. You cannot recover if your percentage of responsibility is greater than 50% (CPRC § 33.001). At 50% or less, your damages are reduced by your percentage (CPRC § 33.012). At 30% you recover 70%. At 51% you recover nothing. That is why insurers in Texas fight so hard over lane position, speed and helmets: a few points can end the claim. The jury assigns each party a percentage for causing or contributing to cause the harm (CPRC § 33.003).
Texas is an at-fault state, so the other driver’s liability insurer pays for the harm its driver caused. See is Texas a no-fault state? Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Lane splitting has been illegal in Texas since 2023
House Bill 4122 added Transportation Code § 545.0605, effective September 1, 2023. A rider may not ride between lanes of traffic moving in the same direction, pass a vehicle in the same lane, or ride more than two abreast. Police officers on duty are exempt. The same section protects riders: a motorcycle is entitled to the full use of a lane, and a car may not be driven in a way that takes that away (Transp. Code § 545.0605).
A rider hurt while splitting lanes still has a claim, but the 51% bar makes the fight over percentages more serious. The driver’s conduct counts too: a driver who squeezes a rider out of the lane is breaking the same statute. Our FAQ covers the details: is lane splitting legal in Texas?
The Texas helmet exemption and the helmet defense
Texas requires riders and passengers to wear protective headgear on public roads, with an exception for anyone at least 21 years old who has completed an approved motorcycle operator training and safety course or is covered by a health insurance plan that pays for motorcycle crash injuries. An officer may not stop a rider just to check for that proof, and the fine for a violation is $10 to $50 (Transp. Code § 661.003).
Many Texas riders use the exemption. NHTSA counted 583 motorcyclists killed in Texas in 2024; 211 were unhelmeted, 38% of those with known helmet use, compared with 8% in California and 5% in Washington (NHTSA, Motorcycles: 2024 Data).
Can it reduce your recovery? In Nabors Well Services, Ltd. v. Romero, 456 S.W.3d 553 (Tex. 2015), the Texas Supreme Court held that evidence of seat-belt nonuse is admissible to apportion responsibility, but only with evidence that nonuse caused or contributed to cause the plaintiff’s injuries, and expert testimony will often be needed (Nabors). That case was about a seat belt. Defense lawyers make the same argument about helmets because Chapter 33 asks who caused the injuries as well as who caused the crash. Section 661.003 says nothing about civil cases, so riding legally under the exemption does not by itself answer a causation argument. The answer is medical: the defense must connect a missing helmet to a specific head or face injury. More in our helmet law FAQ.
Insurance in Texas
- Minimum liability limits: $30,000 per person and $60,000 per crash for injury or death, and $25,000 for property damage (Transp. Code § 601.072).
- Uninsured/underinsured motorist coverage. An auto liability policy must include UM/UIM coverage unless a named insured rejected it in writing (Ins. Code § 1952.101). Underinsured coverage is reduced by the amount recovered or recoverable from the at-fault driver’s insurer (Ins. Code § 1952.106). See making an underinsured motorist claim.
- Personal injury protection. PIP must also be included unless rejected in writing (Ins. Code § 1952.152). It pays reasonable medical expenses and lost income from the crash incurred within three years (Ins. Code § 1952.151), and it is payable without regard to fault (Ins. Code § 1952.155).
Check your motorcycle policy’s declarations page for each of these. If your policy shows no UM or PIP, ask the insurer for the written rejection; without one, the coverage may still be part of the policy.
Texas motorcycle crash numbers
- In 2025, 557 motorcycle riders died and 2,468 were seriously injured in Texas crashes. On average, two motorcyclists die on Texas roads every day (TxDOT).
- There were nearly 9,000 motorcycle crashes in Texas in 2025, and motorcyclists were 15% of all crash deaths in the state (TxDOT).
- Of 559 Texas motorcycle riders killed in 2024, 31% had a blood alcohol level of .08 or higher (NHTSA).
Our news desk tracks these crashes across the state, including a rider killed on the I-635 TEXpress lanes in Dallas in November 2026. For Central Texas, see our Austin motorcycle accident page.
Texas compared with California and Washington
Texas is the strictest of the three states on a rider’s own fault and the most lenient on helmets.
| State | Deadline to sue | Your share of fault | Helmet law | Lane splitting | Minimum liability insurance |
|---|---|---|---|---|---|
| California | 2 years (CCP § 335.1); 6 months for a claim against a public entity (Gov. Code § 911.2) | Reduces the award, never bars it (Li v. Yellow Cab) | Every rider and passenger (Veh. Code § 27803) | Legal; defined by statute (Veh. Code § 21658.1) | $30,000 / $60,000 / $15,000 for policies issued or renewed since Jan. 1, 2025 (Veh. Code § 16056) |
| Texas | 2 years (CPRC § 16.003); 6-month notice to a government unit (CPRC § 101.101) | Barred if more than 50% (CPRC § 33.001) | Under 21 always; 21 and older exempt with a safety course or qualifying health insurance (Transp. Code § 661.003) | Illegal since Sept. 1, 2023 (Transp. Code § 545.0605) | $30,000 / $60,000 / $25,000 (Transp. Code § 601.072) |
| Washington | 3 years (RCW 4.16.080(2)); a claim must be filed first against a local government (RCW 4.96.020) | Reduces the award, never bars it (RCW 4.22.005) | Every rider and passenger (RCW 46.37.530) | Illegal; no filtering law (RCW 46.61.608(3)) | $25,000 / $50,000 / $10,000 (RCW 46.29.090) |
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Related pages
- California motorcycle accident lawyer
- Washington motorcycle accident lawyer
- Is lane splitting legal in Texas?
- Motorcycle helmet laws in California, Texas and Washington
- What is a motorcycle accident claim worth?
- Texas truck accident lawyer
- Austin motorcycle accident lawyer
Common questions
How long do I have to file a motorcycle accident lawsuit in Texas?
Two years from the crash under Civil Practice and Remedies Code section 16.003. A claim against a government unit generally needs written notice within six months (section 101.101), and city charters can set their own notice periods.
Can I recover if I was partly at fault?
Yes, if your share is 50% or less. Your damages are reduced by your percentage. If a jury puts you above 50%, you recover nothing (section 33.001).
Is it legal to ride without a helmet in Texas?
Only if you are at least 21 and have completed an approved motorcycle safety course or have health insurance that covers motorcycle crash injuries (Transportation Code section 661.003). Riders under 21 must wear one.
Will not wearing a helmet hurt my injury claim?
It can. Under the reasoning of Nabors Well Services v. Romero, the defense may argue that a missing helmet contributed to a head injury, but it must prove that link, usually with an expert. It has nothing to do with injuries to your legs, arms or spine.
Is lane splitting legal in Texas?
No. Since September 1, 2023, Transportation Code section 545.0605 bars riding between lanes of same-direction traffic and passing a vehicle in the same lane. A rider who was splitting lanes can still recover if a jury puts his or her share at 50% or less.
Do I need PIP if the other driver was at fault?
PIP pays your medical bills and lost income quickly, regardless of fault, while the liability claim is pending. It is part of a Texas auto policy unless someone rejected it in writing.
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Sources
- Tex. Civ. Prac. & Rem. Code § 16.003
- Tex. Civ. Prac. & Rem. Code § 33.001
- Tex. Civ. Prac. & Rem. Code § 33.003
- Tex. Civ. Prac. & Rem. Code § 33.012
- Tex. Civ. Prac. & Rem. Code § 101.021
- Tex. Civ. Prac. & Rem. Code § 101.023
- Tex. Civ. Prac. & Rem. Code § 101.101
- Tex. Transp. Code § 661.003 (helmets)
- Tex. Transp. Code § 545.0605 (lane splitting)
- Tex. Transp. Code § 601.072 (minimum insurance)
- Tex. Ins. Code § 1952.101
- Tex. Ins. Code § 1952.106
- Tex. Ins. Code § 1952.151
- Tex. Ins. Code § 1952.152
- Tex. Ins. Code § 1952.155
- Nabors Well Services, Ltd. v. Romero, 456 S.W.3d 553 (Tex. 2015)
- TxDOT, Motorcycle Safety Campaign: Share the Road
- TxDOT, Look twice for motorcycles to help save lives (Apr. 30, 2026)
- NHTSA, Traffic Safety Facts: Motorcycles, 2024 Data (DOT HS 813 824, July 2026)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.